Subchapter E. HOURS OF SERVICE OF DRIVERS

§ 229.331. Definitions.

 49 CFR 395.2 (relating to definitions) incorporated by reference.

   The provisions of this §  229.331 adopted August 29, 1986, effective August 30, 1986, 16 Pa.B. 3210; readopted July 19, 1991, effective July 20, 1991, 21 Pa.B. 3223. Immediately preceding text appears at serial page (111362).

DRIVERS SERVICE TIME

§ 229.341. Maximum driving and on-duty time.

 49 CFR 395.3 (a)—(d) and (f) (relating to maximum driving and on-duty time) incorporated by reference.

 49 CFR 395.7 (relating to travel time) incorporated by reference.

 49 CFR 395.8 (relating to driver’s record of duty status) incorporated by reference.

 49 CFR 395.10 (relating to adverse driving conditions) incorporated by reference.

 49 CFR 395.11 (relating to emergency conditions) incorporated by reference.

 49 CFR 395.12 (relating to relief from regulations) incorporated by reference.

 (a)  Authorization. Upon finding at the time and place of examination, that a driver has violated the driver out-of-service criteria as set forth in § §  229.431 and 229.432 (relating to application; and adoption of Federal standards) a qualified Commonwealth employe or a State Police officer that is involved in a systematic vehicle inspection program or that has probable cause to believe that a driver is not in compliance with the driver out-of-service criteria as set forth in § §  229.431 and 229.432 is authorized to declare a driver out of service and to notify the motor carrier of that declaration.

 (b)  Responsibilities of motor carriers.

   (1)  No motor carrier may:

     (i)   Require or permit a driver who has been declared out-of-service to operate a motor vehicle until that driver may lawfully do so under this chapter.

     (ii)   Require a driver, who has been declared out-of-service for failure to prepare a record of duty status, to operate a motor vehicle until that driver has been off duty for 8 consecutive hours and is in compliance with this chapter. The consecutive 8 hours off-duty period may include sleeper berth time.

   (2)  A motor carrier shall complete the ‘‘Motor Carrier Certification of Action Taken’’ portion of the ‘‘Driver Vehicle Compliance Report’’ form and deliver the copy of the report either personally or by mail to the address shown on the form within 15 days following the date of examination. If the motor carrier mails the form, delivery is made on the date it is postmarked.

 (c)  Responsibilities of the driver.

   (1)  No driver, who has been declared out of service, may operate a motor vehicle until that driver may lawfully do so under this chapter.

   (2)  No driver, who has been declared out of service for failing to prepare a record of duty status, may operate a motor vehicle until the driver has been off duty for 8 consecutive hours and is in compliance with this chapter.

   (3)  A driver, who has been declared out of service, shall, within 24 hours thereafter, deliver or mail the copy of the ‘‘Driver-Vehicle Compliance Report’’ to a person or place designated by the motor carrier to receive it.

   (4)  This section does not alter the hazardous materials requirements in §  229.384 (relating to attendance and surveillance of motor vehicles).

 49 CFR 395.15 (relating to automatic on-board recording devices) incorporated by reference.

   The provisions of this §  229.348 adopted July 19, 1991, effective July 20, 1991, 21 Pa.B. 3223.