§ 231.1. General information and requirements.

 (a)  Purpose. The purpose of this chapter is to prescribe the minimum requirements and qualifications for drivers, vehicles and other matters relating to the intrastate operation of commercial motor vehicles. Much of this chapter incorporates by reference 49 CFR 390—397. Appropriate parts may be obtained from the following:

   (1)  United States Government Printing Office, Book Store, Room 118, Federal Building, 1000 Liberty Avenue, Pittsburgh, Pennsylvania 15222, (412) 644-2721.

   (2)  United States Government Printing Office, 100 North 17th Street, Robert Morris Building, Philadelphia, Pennsylvania 19103, (215) 597-0677.

   (3)  United States Superintendent of Documents, United States Government Printing Office, Washington, D. C. 20402, (202) 655-4000.

 (b)  Application.

   (1)  A motor carrier and its officers, drivers, agents, employes and representatives involved in, or related to, the transportation of intrastate commerce shall comply with this chapter and shall take measures necessary to insure compliance.

   (2)  Officers, agents, representatives, drivers and employes of motor carriers concerned with the management, maintenance, operation or driving of vehicles engaged in intrastate commerce shall be conversant with, and knowledgeable of, this chapter.

 (c)  Title and name changes. To reconcile differences between this chapter and the incorporated sections of Federal regulations and to effectuate their joint enforcement, the following words and terms shall be substituted for the language of the Federal regulations as follows:

   (1)  Reference to the Department of Transportation means the Department.

   (2)  Reference to the Director means the Secretary.

   (3)  Reference to the Regional Highway Administrator means the Secretary.

 (a)  Except as otherwise provided, this chapter applies to vehicles, including buses, motor vehicles and combinations of vehicles; and to drivers of buses or motor vehicles engaged in intrastate commerce if the registered gross weight of the vehicle or combination of vehicles exceeds 17,000 pounds.

 (b)  This chapter applies to motor carriers of property or passengers involved in intrastate commerce, whether common carriers, contract carriers or private carriers.

 (c)  This chapter does not apply to the following classes of vehicles and their drivers:

   (1)  Farm trucks not required to be registered.

   (2)  Special mobile equipment.

   (3)  Implements of husbandry.

 (d)  Subchapters B and E (relating to qualifications of drivers; and hours of service of drivers) do not apply to drivers of farm trucks whether or not required to be registered and not carrying hazardous materials in an amount and type which require the vehicle to be placarded or marked under regulations promulgated under 75 Pa.C.S. § §  8301—8308 (relating to hazardous materials transportation).

 The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:

   Bus—The term as defined in 75 Pa.C.S. §  102 (relating to definitions).

   Business district—49 CFR 390.12 (relating to business districts) incorporated by reference.

   Department—The Department of Transportation of the Commonwealth.

   Driveaway-towaway operation—49 CFR 390.9 (relating to driveaway-towaway operation) incorporated by reference.

   Driver—The term as defined in 75 Pa.C.S. §  102.

   Full trailer—49 CFR 390.7 (relating to full trailer) incorporated by reference.

   Gross weight—The term as defined in 75 Pa.C.S. §  102.

   Interstate commerce—Trade, traffic or transportation of property or persons by highway between a place in this Commonwealth and a place in another state or between a place in one state and a place in another state with transportation by highway through this Commonwealth.

   Intrastate commerce—The trade, traffic or transportation of property or persons by highway between places within this Commonwealth.

   Lightweight vehicle—A motor vehicle, other than a vehicle that is being used to transport passengers for hire; or a vehicle that is being used to transport hazardous materials of a type or quantity that requires the vehicle to be marked or placarded under 49 CFR 177.823 that was one of the following:

     (i) Manufactured on or after January 1, 1972, and has a manufacturer’s gross vehicle weight rating of 17,000 pounds or less, in the case of a single vehicle, or a manufacturer’s gross combination weight rating of 17,000 pounds or less, in the case of an articulated vehicle.

     (ii) Manufactured before January 1, 1972, and has a gross weight including its load and the gross weight of the vehicle being towed by the motor vehicle, of 17,000 pounds or less.

   Motor carrier—49 CFR 390.15 (relating to motor carrier) incorporated by reference.

   Motor carrier vehicle—The term as defined in 75 Pa.C.S. §  102.

   Pole trailer—49 CFR 390.8 (relating to pole trailer) incorporated by reference.

   Qualified Commonwealth employe—A Commonwealth employe designated by the Department who is authorized to inspect vehicles, drivers, documents, equipment and loads, or cargo as provided in 75 Pa.C.S. § §  4704 and 8302 (relating to inspection by police or Commonwealth personnel; and powers and duties of department).

   Radar detector—49 CFR 390.5 (relating to definitions) incorporated by reference.

   Residence district—49 CFR 390.13 (relating to residence district) incorporated by reference.

   Secretary—The Secretary of the Department.

   Semitrailer—49 CFR 390.6 (relating to semitrailer) incorporated by reference.

   Truck—The term as defined in 75 Pa.C.S. §  102.

   Truck tractor—49 CFR 390.5 (relating to truck tractor) incorporated by reference.

   Vehicle—The term as defined in 75 Pa.C.S. §  102.

 49 CFR 390.32 (relating to motor carrier to require observance of driver regulations) incorporated by reference.

Subchapter B. QUALIFICATIONS OF DRIVERS

GENERAL

Sec.

§ 231.21. Scope of this part; additional qualifications; duties of carrier-drivers.

 49 CFR 391.7 (relating to aiding or abetting violations) incorporated by reference.

QUALIFICATION AND DISQUALIFICATION OF DRIVERS

§ 231.31. Qualifications of drivers.

 (a)  A person may not drive a motor vehicle unless he is qualified to drive a motor vehicle. Except as provided in §  231.82 (relating to intermittent, casual or occasional drivers), a motor carrier may not require or permit a person to drive a motor vehicle unless the person is qualified to drive a motor vehicle.

 (b)  Except as provided in § §  231.81—231.83 (relating to drivers who were regularly employed before January 1, 1988; intermittent, casual or occasional drivers; drivers furnished by other motor carriers), a person is qualified to drive a motor vehicle if the person:

   (1)  Can read and speak the English language sufficiently to converse with the general public, to understand highway traffic signs and signals in the English language, to respond to official inquiries and to make entries on reports and records.

   (2)  Can, by reason of experience, training, or both, safely operate the type of motor vehicle he drives.

   (3)  Can, by reason of experience, training, or both, determine whether the cargo he transports—including baggage in a passenger-carrying motor vehicle—has been properly located, distributed and secured in or on the motor vehicle he drives.

   (4)  Is familiar with methods and procedures for securing cargo in or on the motor vehicle he drives.

   (5)  Has been issued a currently valid motor vehicle operator’s license or permit of the appropriate class.

   (6)  Has prepared and furnished the motor carrier that employs him with the list of violations or the certificate as required by §  231.44 (relating to record of violations).

   (7)  Is not disqualified to drive a motor vehicle under §  231.32 (relating to disqualification of drivers).

   (8)  Has completed and furnished the motor carrier that employs him with an application for employment under §  231.41 (relating to application for employment).

   (9)  Is physically qualified to drive a motor vehicle under §  231.61 (relating to qualifications of drivers).

   The provisions of this §  231.31 amended September 22, 1995, effective January 2, 1996, 25 Pa.B. 3996. Immediately preceding text appears at serial page (134664).

 49 CFR 391.15 (relating to disqualification of drivers) incorporated by reference.

   This section cited in 67 Pa. Code §  231.31 (relating to qualifications of drivers).

BACKGROUND AND CHARACTER

§ 231.41. Application for employment.

 49 CFR 391.21 (relating to application for employment) incorporated by reference.

 49 CFR 391.27 (relating to record of violations) incorporated by reference.

   This section cited in 67 Pa. Code §  231.31 (relating to qualifications of drivers).

PHYSICAL QUALIFICATIONS AND EXAMINATIONS

§ 231.61. Physical qualifications of drivers.

 49 CFR 391.41 (relating to physical qualifications of drivers) incorporated by reference with the following addition to subsection (b):

   (14)  Has been determined and certified by the medical examiner and by the motor carrier, in accordance with §  231.84 (relating to drivers regularly employed as of September 23, 1995), to be qualified to operate only in intrastate commerce.

   The provisions of this §  231.61 adopted September 22, 1995, effective January 2, 1996, 25 Pa.B. 3996.

 49 CFR 391.43 (relating to medical examination; certificate of physical examination) incorporated by reference with the following addition to subsection (g):

   (4)  If the medical examiner determines that the driver is only qualified to operate in intrastate commerce in accordance with §  231.84 (relating to drivers regularly employed as of September 23, 1995), the statement ‘‘Medically qualified to operate in intrastate commerce only’’ shall appear on the medical examiner’s certificate.

   The provisions of this §  231.62 adopted September 22, 1995, effective January 2, 1996, 25 Pa.B. 3996.

 49 CFR 391.45 (relating to persons who must be medically examined and certified) incorporated by reference.

   The provisions of this §  231.63 adopted September 22, 1995, effective January 2, 1996, 25 Pa.B. 3996.

 49 CFR 391.47 (relating to resolution of conflicts of medical evaluation) incorporated by reference with the following addition to subsection (d):

   (4)  The Department will provide the parties with a written determination within 90 calendar days from the date of the notification issued under paragraph (1).

   The provisions of this §  231.64 adopted September 22, 1995, effective January 2, 1996, 25 Pa.B. 3996.

 49 CFR 391.49 (relating to waiver of certain physical defects) incorporated by reference, except that the existing subsection (h) of the Federal rules is deleted and replaced with a new subsection (h) as follows:

 (h)  Time frame. Time frames for determination and waiver are as follows:

   (1)  Upon receipt of an application which is found to meet the requirements of this section, the Department will notify the applicant, in writing, that the application has been accepted and a written determination will be made within 90 calendar days from the date of the written notification of acceptance.

   (2)  The Department may deny the application for waiver or may grant it totally or in part and issue a waiver subject to terms, conditions and limitations deemed consistent with the public safety. A waiver is valid for a period not to exceed 2 years from the date of issue and may be renewed 30 days prior to the expiration date.

   The provisions of this §  231.65 adopted September 22, 1995, effective January 2, 1996, 25 Pa.B. 3996.

 The requirements of § §  231.61—231.65 supersede the physical and medical requirements for drivers in Chapter 83 (relating to physical and mental criteria, including vision standards relating to the licensing of drivers).

   The provisions of this §  231.66 adopted September 22, 1995, effective January 2, 1996, 25 Pa.B. 3996.

   This section cited in 67 Pa. Code §  231.85 (relating to drivers employed by State and local governments).

FILES AND RECORDS

§ 231.71. Driver qualification files.

 49 CFR 391.51 (relating to driver qualification files) incorporated by reference with the following addition to subsection (b):

   (6)  A copy of the motor carrier’s certification for drivers qualified under §  231.84 (relating to drivers regularly employed as of September 23, 1995).

   The provisions of this §  231.71 amended September 22, 1995, effective January 2, 1996, 25 Pa.B. 3996. Immediately preceding text appears at serial page (134665).

LIMITED EXEMPTIONS

§ 231.81. Drivers who were regularly employed before January 1, 1988.

 49 CFR 391.61 (relating to drivers who were regularly employed before January 1, 1971) incorporated by reference, except that references to January 1, 1971 in 49 CFR 391.61 are changed to January 1, 1988.

 49 CFR 391.63 (relating to intermittent, casual or occasional drivers) incorporated by reference.

 49 CFR 391.65 (relating to drivers furnished by other motor carriers) incorporated by reference.

 (a)  A regularly employed driver as of September 23, 1995, who cannot meet the physical qualifications requirements of §  231.61 (relating to physical qualifications of drivers), will be considered to be qualified to operate in intrastate commerce if certified by the medical examiner and motor carrier in accordance with this section. The driver shall be considered qualified only until the existing unqualifying medical or physical condition significantly worsens or a new unqualifying medical or physical condition develops subsequent to September 23, 1995.

 (b)  The motor carrier’s certification shall be based on a review of the driver’s past driving safety record and accident history. The motor carrier’s certification shall be on a form prescribed by the Department and shall be valid for a period commensurate with the period of the medical examiner’s certificate issued in accordance with this chapter.

 (c)  A copy of the medical examiner’s initial certificate establishing a driver’s qualification under this section and annotated in accordance with §  231.62 (relating to medical examinations; certificate of physical examination), the most current biannual medical examiner’s certificate and the most current certification by the employing motor carrier that the driver is qualified to operate in intrastate commerce shall be maintained in the driver’s qualification file for the entire period of the driver’s term of employment and for an additional 2 years after termination of employment.

   The provisions of this §  231.84 adopted September 22, 1995, effective January 2, 1996, 25 Pa.B. 3996.

 Sections 231.31(b)(9) and 231.61—231.66 (relating to qualifications of drivers; and physical qualifications and examinations) do not apply to regularly employed drivers of State and local governments and agencies of State and local governments.

   The provisions of this §  231.85 adopted September 22, 1995, effective January 2, 1996, 25 Pa.B. 3996.

Subchapter C. DRIVING OF MOTOR VEHICLES

GENERAL

Sec.

§ 231.101. Scope of this part.

 49 CFR 392.9b (relating to hearing aid to be worn) incorporated by reference.

DRIVING OF VEHICLES

§ 231.121. Railroad grade crossings; stopping required.

 49 CFR 392.16 (relating to use of seat belts) incorporated by reference.

STOPPED VEHICLES

§ 231.131. Unattended vehicles; precautions.

 49 CFR 392.25 (relating to emergency signals; dangerous cargoes) incorporated by reference.

USE OF LIGHTED LAMPS AND REFLECTORS

§ 231.141. Lighted lamps; moving vehicles.

 49 CFR 392.30 (relating to lighted lamps; moving vehicles) incorporated by reference.

 49 CFR 392.33 (relating to obscured lamps or reflectors) incorporated by reference.

ACCIDENTS AND LICENSE REVOCATION;
DUTIES OF DRIVER

§ 231.151. All accidents.

 49 CFR 392.42 (relating to notification of license revocation) incorporated by reference.

FUELING PRECAUTIONS

§ 231.161. Ignition of fuel; prevention.

 49 CFR 392.52 (relating to buses; fueling) incorporated by reference.

PROHIBITED PRACTICES

§ 231.171. Unauthorized persons not to be transported.

 49 CFR 392.71 (relating to radar detectors; use and/or possession) incorporated by reference.

   The provisions of this §  231.181 adopted June 24, 1994, effective June 25, 1994, 24 Pa.B. 3128.

   Seizure

   Warrantless seizure of a radar detector would have been permissible under the plain view doctrine when the officer, who responded to a dispatch informing him of an accident and who approached a truck involved in the accident to assure that the emergency brake was set, viewed the radar detector on the truck’s dashboard from his lawful vantage point outside of the truck; the seizure was not rendered impermissible because it was delayed until a time when the truck was impounded. Commonwealth v. Petroll, 738 A.2d 993 (Pa. 1999).

Subchapter D. PARTS AND ACCESSORIES
NECESSARY FOR SAFE OPERATION

GENERAL

Sec.

§ 231.191. Additional equipment and accessories.

 49 CFR 393.2 (relating to additional equipment and accessories) incorporated by reference.

LIGHTING DEVICES, REFLECTORS
AND ELECTRICAL EQUIPMENT

§ 231.201. Lamps operable.

 A motor vehicle transporting a load which extends beyond the width or which has projections beyond the rear of the vehicle shall be equipped with the lamps listed in this section in addition to other required lamps. See §  231.292 (relating to flags on projecting loads) for flags on vehicles.

   (1)  Loads projecting beyond sides of motor vehicles.

     (i)   The foremost edge of the projecting load at its outermost extremity shall be marked with an amber lamp visible from the front and side.

     (ii)   The rearmost edge of the projecting load at its outermost extremity shall be marked with a red lamp visible from the rear and side.

     (iii)   If a portion of the projecting load extends beyond both the foremost and rearmost edge, it shall be marked with an amber lamp visible from the front, side and rear.

     (iv)   If the projecting load does not measure over 3 feet from front to rear, it shall be marked with an amber lamp visible from the front, side and rear except that if the projection is located at or near the rear, it shall be marked by a red lamp visible from the front, side and rear.

   (2)  Projections beyond rear of motor vehicles. A motor vehicle which transports loads extending over 4 feet beyond the rear of the motor vehicle or which has tailboards or tailgates extending over 4 feet beyond the body shall have these projections marked:

     (i)   On each side of the projecting load one red lamp, visible from the side located to indicate maximum overhang.

     (ii)   On the rear of the projecting load two red lamps, visible from the rear, one at each side and two red reflectors visible from the rear, one at each side, located to indicate maximum width.

 49 CFR 393.33 (relating to wiring, installation) incorporated by reference.

BRAKES

§ 231.231. Required brake systems.

 49 CFR 393.51 (relating to warning devices and gauges) incorporated by reference, except that the manufacturer’s gross weight rating of 49 CFR 393.51(g)(2)(ii) shall be 17,000 pounds or less.

 49 CFR 393.52 (relating to brake performance) incorporated by reference.

GLAZING AND WINDOW CONSTRUCTION

§ 231.251. Glazing in specified openings.

 49 CFR 393.63 (relating to windows, markings) incorporated by reference.

FUEL SYSTEMS

§ 231.261. All fuel systems.

 49 CFR 393.69 (relating to liquefield petroleum gas systems) incorporated by reference.

COUPLING DEVICES AND TOWING METHODS

§ 231.271. Coupling devices and towing methods, except for driveaway-towaway operations.

 49 CFR 393.71 (relating to coupling devices and towing methods, driveaway-towaway operations) incorporated by reference.

MISCELLANEOUS PARTS AND ACCESSORIES

§ 231.281. Tires.

 (a)  Fabric. No motor vehicle may be operated on a tire that has fabric exposed through the tread or sidewall.

 (b)  Front wheels. A tire on the front wheels of a bus, truck or truck tractor shall have a tread groove pattern depth of at least 4/32 of an inch when measured at a point on a major tread groove. The measurements may not be made where tie bars, humps or fillets are located.

 (c)  Measurement. Except as provided in subsection (b), tires shall have a tread groove pattern depth of at least 2/32 of an inch when measured in a major tread groove. The measurement may not be made where tie bars, humps or fillets are located.

 (d)  Regrooved, recapped or retreaded tires. No bus may be operated with regrooved, recapped or retreaded tires on the front wheels.

 (e)  Trucks. No truck or truck tractor may be operated with regrooved tires on the front wheels which have a load-carrying capacity equal to or greater than that of 8.25-20 8 ply-rating tires.

 (f)  Tire load rating.

   (1)  Front wheels—general rule. No motor vehicle may be operated with tires on the front wheels which carry a greater weight than that specified for the tires in the publications of the standardizing bodies listed in FMVSS No. 119 and marked on the sidewall of the tire. If the load does not exceed rated capacity, tires not marked in accordance with FMVSS No. 119 may be used on the front axles of single-unit-property carrying vehicles.

   (2)  Other than front wheels. After September 30, 1976, no motor vehicle may be operated with tires on wheels other than the front wheels which carry a greater weight than that specified for the tire in the publications of the standardizing bodies listed in Federal Motor Vehicle Safety Standard No. 119.

   (3)  Conflict. If a conflict exists on allowable tire loads and pressures among the manufacturer or a standards organization, FMVSS No. 119 governs.

   (4)  Tire pressure. No motor vehicle may be operated on a tire which has a cold inflation pressure less than that specified for the load being carried.

   (5)  Inflation pressure. If the inflation pressure of the tire has been increased by heat because of the recent operation of the vehicle, the cold inflation pressure shall be estimated by subtracting the inflation buildup factor shown in Table No. I from the measured inflation pressure.

TABLE I—INFLATION PRESSURE MEASUREMENT
CORRECTION FOR HEAT

	Minimum inflation pressure buildup
Average speed of tire in miles per hour	Tires with 4,000 lb. (1,814 kg) Maximum load rating or less	Tires with over 4,000 lb. (1,814 kg) load rating
41 to 55 mi/h (66 to 88.5 km/h)	5 lb/in (0.36 bar)	15 lb/in (1.07 bars)

 (a)  Exhaust system of a motor vehicle. No part of the exhaust system of a motor vehicle may be so located as would be likely to result in burning, charring or damaging the electrical wiring, the fuel supply or a combustible part of the motor vehicle.

 (b)  Exhaust system of a bus. The exhaust system of a bus powered by a gasoline engine shall discharge to the atmosphere at an outside edge of the vehicle. The exhaust system of a bus powered by other than a gasoline engine shall discharge to the atmosphere at an outside edge of the vehicle.

 A motor vehicle which has a load which extends beyond the sides or more than 4 feet beyond the rear shall have the extremities of the load marked with a red flag, not less than 12 inches square.

 49 CFR 393.94 (relating to vehicle interior noise levels) incorporated by reference.

EMERGENCY EQUIPMENT

§ 231.301. Emergency equipment on all power units.

 49 CFR 393.95 (relating to emergency equipment on all power units) incorporated by reference.

PROTECTION AGAINST SHIFTING
OR FALLING CARGO

§ 231.311. General rules for protection against shifting or falling cargo.

 49 CFR 393.106 (relating to front-end structure) incorporated by reference.

   This section cited in 67 Pa. Code Chapter 231 Appendix B (relating to vehicle out-of-service criteria).

Subchapter E. HOURS OF SERVICE OF DRIVERS

GENERAL

Sec.

§ 231.331. Definitions.

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

 (b)  Additions or modifications to definitions. In addition to subsection (a), the following words and terms have the following meanings, unless the context clearly indicates otherwise:

   Incidental driver—An employe whose primary employment by a private carrier of property by motor vehicle is not as a driver and who:

     (i) Drives as an incidental part of his primary employment.

     (ii) Drives within a 100 air mile radius of the point to which he reports to duty.

     (iii) Devotes not more than 50% of his hours of duty to driving.

   This section cited in 67 Pa. Code §  231.341 (relating to maximum driving and on-duty time); and 67 Pa. Code §  231.343 (relating to driver’s record of duty status).

DRIVERS SERVICE TIME

§ 231.341. Maximum driving and on-duty time.

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

 (b)  Additions or modifications to maximum driving and on-duty time. In addition to the requirements of subsection (a), the following apply:

   (1)  The maximum driving and on-duty time provisions relating to a driver who is driving a motor vehicle in Alaska are deleted.

   (2)  The reference to ‘‘gross weight of 10,000 pounds’’ appearing in 49 CFR 395.3 is modified to refer to ‘‘gross weight of 17,000 pounds.’’

 (a)  A motor carrier shall require a driver used by the motor carrier to record his duty status, in duplicate, for each 24-hour period. A driver who operates a motor vehicle shall record his duty status, in duplicate, for each 24-hour period. The duty status time shall be recorded on a specified grid, as shown in subsection (g). The grid and the requirements of subsection (d) may be combined with company forms.

 (b)  The duty status shall be recorded as follows:

   (1)  ‘‘Off-duty’’ or ‘‘OFF.’’

   (2)  ‘‘Sleeper berth’’ or ‘‘SB’’—only if a sleeper berth used.

   (3)  ‘‘Driving’’ or ‘‘D.’’

   (4)  ‘‘On-duty not driving’’ or ‘‘ON.’’

 (c)  For a change of duty status (such as, the place of reporting for work, starting to drive, on-duty not driving and where released from work), the name of the city, town or village, with State abbreviation, shall be recorded. If a change of duty status occurs at a location other than a city, town or village, show one of the following:

   (1)  The highway number and nearest milepost followed by the name of the nearest city, town or village and State abbreviation.

   (2)  The highway number and the name of the service plaza followed by the name of the nearest city, town or village and State abbreviation.

   (3)  The highway numbers of the nearest two intersecting roadways followed by the name of the nearest city, town or village and State abbreviation.

 (d)  The following information shall be included on the form in addition to the grid:

   (1)  The date.

   (2)  The total miles driving today.

   (3)  The truck or tractor and trailer number.

   (4)  The name of carriers.

   (5)  The driver’s signature/certification.

   (6)  The twenty-four hour period starting time (such as, midnight, 9 a.m., noon, 3 p.m.).

   (7)  The main office address.

   (8)  Remarks.

   (9)  The total mileage today.

   (10)  The name of the co-driver.

   (11)  The home terminal address.

   (12)  The total hours—far right edge of grid.

   (13)  The shipping document number, or name of the shipper and commodity.

   (14)  The origin.

   (15)  The destination or turnaround points.

 (e)  Failure to complete the record of duty activities, failure to preserve a record of the duty activities, or making of false reports in connection with the duty activities makes the driver or carrier, or both, liable to prosecution.

 (f)  The driver’s activities shall be recorded in accordance with the following:

   (1)  Entries to be current. A driver shall keep a record of duty status current to the time shown for the last change of duty status.

   (2)  Entries made by driver only. Entries relating to driver’s duty status shall be legible and in the driver’s own handwriting.

   (3)  Date. The month, day and year for the beginning of each 24-hour period shall be shown on the form containing the driver’s duty status record.

   (4)  Total mileage driven. Total mileage driven during the 24-hour period shall be recorded on the form containing driver’s duty status record.

   (5)  Vehicle identification. The carrier’s vehicle number or State and license number of each truck, truck tractor and trailer operated during that 24-hour period shall be shown on the form containing the driver’s duty status record.

   (6)  Name of carrier. The name of the motor carrier for which work is performed shall be shown on the form containing the driver’s duty status record. When work is performed for more than one motor carrier during the same 24-hour period, the beginning and finishing time, showing a.m. or p.m., worked for each carrier shall be shown after each carrier name. A driver of leased vehicles shall show the name of the motor carrier performing the transportation.

   (7)  Signature/certification. The driver shall certify to the correctness of entries by signing the form containing the driver’s duty status record with his legal name of record. The driver’s signature shall certify that entries required by this section made by the driver are true and correct.

   (8)  Time base to be used.

     (i)   The driver’s duty status record shall be prepared, maintained and submitted using the time standard in effect at the driver’s home terminal, for a 24-hour period beginning with the time specified by the motor carrier for that driver’s home terminal.

     (ii)   The term ‘‘7 or 8 consecutive days’’ means the 7 or 8 consecutive 24-hour periods as designated by the carrier for the driver’s home terminal.

     (iii)   The 24-hour period starting time shall be identified on the driver’s duty status record. One-hour increments shall appear on the graph, be identified and preprinted. The words ‘‘Midnight’’ and ‘‘Noon’’ shall appear above or beside the appropriate 1-hour increment.

   (9)  Main office address. The motor carrier’s main office address shall be shown on the form containing the driver’s duty status record.

   (10)  Recording days off-duty. Two or more consecutive 24-hour periods off-duty may be recorded on one duty status record.

   (11)  Total mileage today. Total mileage today shall be that mileage traveled while driving, on-duty not driving and resting in a sleeper berth, as defined in §  231.331 (relating to definitions) during the day covered by the record of duty status.

   (12)  Home terminal. The driver’s home terminal address shown shall be that at which the driver normally reports for duty.

   (13)  Total hours. The driver’s daily duty status shall be recorded in the driver’s daily log form as follows: off-duty other than in a sleeper berth; off-duty in a sleeper berth; driving; and on-duty not driving. Entries shall be entered on the grid, and the total hours in each duty status shall be entered in the column to the right of the grid. The total of the entries shall equal 24 hours.

   (14)  Shipping document numbers, or name of shipper and commodity. The shipping document number or name of the shipper and commodity shall be shown on the driver’s record of duty status.

   (15)  Origin and destination. The name of the place where a trip begins and the final destination or farthest turnaround point shall be shown. If a trip requires more than 1 calendar day, the record of duty status for each day shall show the origin and final destination. If a driver departs from and returns to the same place on any day, the destination shall be indicated by entering the farthest point reached followed by the words ‘‘and return’’.

 (g)  The graph grid shall be as specified in 49 CFR 395.8(g) (relating to driver’s record of duty status).

 (h)  The graph grid may be used horizontally or vertically and shall be completed as follows:

   (1)  Off-duty. Except for time spent resting in a sleeper berth, a continuous line shall be drawn between the appropriate time markers to record the period of time when the driver is not on-duty, is not required to be in readiness to work or is not under a responsibility for performing work.

   (2)  Sleeper berth. A continuous line shall be drawn between the appropriate time markers to record the period of time off-duty resting in a sleeper berth, as defined in §  231.331. If a nonsleeper berth operation, sleeper berth need not be shown on the grid.

   (3)  Driving. A continuous line shall be drawn between the appropriate time markers to record the period of time on duty driving a motor vehicle, as defined in §  231.331.

   (4)  On-duty not driving. A continuous line shall be drawn between the appropriate time markers to record the period of time on-duty not driving specified in §  231.331.

   (5)  Location—Remarks. The name of the city, town or village, with state abbreviation where each change of duty status occurs shall be recorded. If a change of duty status occurs at a location other than a city, town or village show one of the following:

     (i)   The highway number and nearest milepost followed by the name of the nearest city, town or village and state abbreviation.

     (ii)   The highway number and name of the service plaza followed by the name of the nearest city, town or village and state abbreviation.

     (iii)   The highway numbers of the nearest two intersecting roadways followed by the name of the nearest city, town or village and state abbreviation.

 (i)  The driver shall submit or forward by mail the original driver’s record of duty status to the regular employing motor carrier within 13 days following the completion of the form.

 (j)  A driver used by more than one motor carrier is governed by the following:

   (1)  When the services of a driver are used by more than one motor carrier during any 24-hour period in effect at the driver’s home terminal, the driver shall submit a copy of the record of duty status to each motor carrier. The record shall include:

     (i)   Duty time for the entire 24-hour period.

     (ii)   The name of each motor carrier served by the driver during that period.

     (iii)   The beginning and finishing time, including a.m. or p.m., worked for each carrier.

   (2)  A motor carrier, when using a driver for the first time or intermittently, shall obtain from the driver a signed statement giving the total time on-duty during the immediately preceding 7 days and the time at which the driver was last relieved from duty prior to beginning work for the motor carriers.

 (k)  Retention of driver’s record of duty status is as follows:

   (1)  Driver’s records of duty status for each calendar month may be retained at the driver’s home terminal until the 20th day of the succeeding calendar month. The records shall then be forwarded to the carrier’s principal place of business where they shall be retained with supporting documents for a period of 6 months from date of receipt.

   (2)  Upon written request to, and with the approval of, the Secretary, a motor carrier may forward and maintain the records at a regional or terminal office.

   (3)  The driver shall retain a copy of each record of duty status for the previous 7 consecutive days which shall be in his possession and available for inspection while on-duty.

 (l)  Exemptions—100 air-mile radius driver. A driver is exempt from the requirements of this section if:

   (1)  The driver operates within a 100 air-mile radius of the normal work reporting location.

   (2)  The driver, except a driver salesperson, returns to the work reporting location and is released from work within 12 hours or is an employe of a public transportation authority and returns to the normal work reporting location and is released within 15 hours.

   (3)  At least 8 consecutive hours off-duty separate each 12 or 15 hours on-duty.

   (4)  The driver does not exceed 10 hours maximum driving time following 8 consecutive hours off-duty.

   (5)  The motor carrier that employs the driver maintains and retains for a period of 6 months accurate and true time records showing:

     (i)   The time the driver reports for duty each day.

     (ii)   The total number of hours the driver is on-duty each day.

     (iii)   The time the driver is released from duty each day.

 (a)  Authorization. Upon finding at the time and place of examination, that a driver has violated the driver out-of-service criteria set forth in § §  231.431 and 231.432 (relating to application; and adoption of Federal standards), a qualified Commonwealth employe or a State Police officer who is involved in a systematic vehicle inspection program or who has probable cause to believe that a driver is not in compliance with the driver out-of-service criteria as set forth in § §  231.431 and 231.432 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 offduty 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 lawfully 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 §  231.384 (relating to attendance and surveillance of motor vehicles).

Subchapter F. INSPECTION, REPAIR
AND MAINTENANCE

Sec.

§ 231.361. Inspection, repair and maintenance.

 (a)  Inspection of vehicles involved in intrastate commerce. As provided in 75 Pa.C.S. §  4704 (relating to inspection by police or Commonwealth personnel) qualified Commonwealth employes, State Police officers and local police officers are authorized to inspect motor carrier vehicles involved in intrastate commerce.

 (b)  Prescribed inspection report. The Driver-Vehicle Compliance Report will be used to record results of motor vehicle inspections conducted by personnel authorized in subsection (a).

 (c)  Motor carrier vehicles declared out-of-service.

   (1)  Personnel authorized by subsection (a) shall declare and mark out-of-service motor carrier vehicles which, by reason of mechanical condition or loading, would likely cause an accident or breakdown. An out-of-service sticker approved by the Department shall be used to mark motor carrier vehicles out-of-service. The criteria to be used in placing a motor carrier vehicle out-of-service is contained in § §  231.451—231.453 (relating to vehicle out-of-service criteria).

   (2)  No motor carrier may require or permit a person to operate a motor carrier vehicle declared and marked ‘‘out-of-service’’ until repairs required by the out-of-service notice have been satisfactorily completed. The term ‘‘operate’’ includes towing the vehicle, except that vehicles marked out-of-service may be towed away by means of a vehicle using a crane or hoist. A vehicle combination consisting of an emergency towing vehicle and an out-of-service vehicle may not be operated unless the combination meets the performance requirements of this subchapter, except for those conditions noted on the Driver-Vehicle Compliance Report.

   (3)  No person may remove the out-of-service sticker from a motor carrier vehicle prior to completion of repairs required by the out-of-service notice.

   (4)  The person completing the repairs required by the out-of-service notice shall sign the Certification of Repairman under the terms prescribed, entering the name of the shop or garage and the date and time the repairs were completed. If the driver completed the repairs, the driver shall sign and complete the Certification of Repairman.

 (d)  Motor carrier disposition.

   (1)  Upon arrival at the next terminal or facility, the driver of a motor carrier vehicle receiving an inspection report shall deliver it to the motor carrier. If the driver is not scheduled to arrive at a terminal or facility of the motor carrier operating the vehicle within 24 hours, the driver shall immediately mail the report to the motor carrier.

   (2)  Motor carriers shall examine the report. Violations or defects noted thereon shall be corrected.

   (3)  Within 15 days following the date of the inspection, the motor carrier shall:

     (i)   Complete the Motor Carrier Certification of Action Taken under the terms prescribed thereon.

 49 CFR 396.11 (relating to driver vehicle inspection reports) incorporated by reference.

 49 CFR 396.15 (relating to driveaway-towaway operations, inspections) incorporated by reference.

Subchapter G. TRANSPORTATION OF HAZARDOUS
MATERIALS; DRIVING AND PARKING RULES

Sec.

§ 231.381. Application of the rules in the subchapter.

 49 CFR 397.5 (relating to attendance and surveillance of motor vehicles) incorporated by reference.

 49 CFR 397.21 (relating to marking of vehicles operated by private carriers) incorporated by reference.

Subchapter H. STATEMENTS OF POLICY

Sec.

§ 231.411. Adoption of interpretations of Federal Motor Carrier Safety Regulations, Federal Highway Administration, United States Department of Transportation.

 (a)  Adoption of interpretations. The Department adopts, as statements of policy, interpretations of the Federal Motor Carrier Safety Regulations, Parts 390—397 published at 42 Fed. Reg. 60078 (1977) and Part 396 published at 45 Fed. Reg. 46425 (1980).

 (b)  Exception. The interpretation relating to Part 390 of the Federal Motor Carrier Safety Regulations is deleted.

Subchapter I. DRIVER OUT-OF-SERVICE CRITERIA

Sec.

§ 231.431. Application.

 In determining whether a driver of a motor carrier vehicle will be placed out-of-service under 75 Pa.C.S. §  4704(c) (relating to inspection by police or Commonwealth personnel), State Police and qualified Commonwealth employes will use the criteria set forth in this subchapter.

 (a)  The driver out-of-service criteria contained in Appendix A of the Federal Highway Administration’s National Uniform Driver-Vehicle Inspection Manual are incorporated by reference under 45 Pa.C.S. §  727(9) (relating to matter not required to be published), upon approval of the Legislative Reference Bureau.

 (b)  The National Uniform Driver-Vehicle Inspection Manual may be obtained by contacting: Department of Transportation, Motor Carrier Safety Division, Center for Highway Safety, 215 Transportation and Safety Building, Harrisburg, Pennsylvania 17120, (717) 787-7445.

   This section cited in 67 Pa. Code §  231.347 (relating to drivers declared out-of-service).

Subchapter J. VEHICLE OUT-OF-SERVICE CRITERIA

Sec.

§ 231.451. Application.

 In determining whether motor carrier vehicles will be placed out-of-service under 75 Pa.C.S. §  4704(c) (relating to inspection by police or Commonwealth personnel), police officers and qualified Commonwealth employes will use the criteria set forth in this subchapter.

 (a)  The vehicle out-of-service criteria contained in Appendix B of the Federal Highway Administration’s National Driver-Vehicle Inspection Manual are incorporated by reference under 45 Pa.C.S. §  727(9) (relating to matter not required to be published), upon approval of the Legislative Reference Bureau, with the following exceptions:

   (1)  1.a.(6)(c) (relating to brake lining).

   (2)  1.b.(3) (relating to steering axle brakes).

   (3)  1.b.(4)(c) (relating to steering axle brake lining).

   (4)  1.e.(2)(4) (relating to brake hose).

   (5)  1.j.(2)(3) (relating to air compressor).

   (6)  1.l.(1)(4) (relating to hydraulic brakes).

   (7)  3.(b) (relating to bus exhaust).

   (8)  7.b. (relating to steering column).

   (9)  7.c. (relating to front axle beam).

   (10)  7.f. (relating to power steering).

   (11)  8.b.(6) (relating to spring assembly).

   (12)  8.c. (relating to torque, radius or tracking components).

   (13)  8.f. (relating to adjustable axle assemblies).

   (14)  9.a.(4) (relating to steering axle tires).

   (15)  9.b.(7) (relating to other than steering axle tires).

 (b)  The National Uniform Driver-Vehicle Inspection Manual may be obtained by contacting: Department of Transportation, Motor Carrier Safety Division, Center for Highway Safety, 215 Transportation and Safety Building, Harrisburg, Pennsylvania 17120, (717) 787-7445.

 The following additional vehicle out-of-service criteria applies:

   (1)  A vehicle’s brake linings or pads shall be declared out-of-service if:

     (i)   Bonded linings are less than 2/32-inch at thinnest point.

     (ii)   Riveted linings are less than 1/32-inch above rivet head at thinnest point.

     (iii)   Bolted lining is worn to less than 1/8-inch at center of shoe.

   (2)  A bus shall be declared out-of-service if the exhaust system is leaking or not discharging at an outside edge of the vehicle.

   (3)  A vehicle shall be declared out-of-service if a tire is marked ‘‘Not for Highway Use’’ or otherwise marked and having like meaning, except vehicles permitted to operate with oversize wheels and tires under 75 Pa.C.S. §  4969 (relating to permit for movement of vehicles with oversize wheels and tires).

   This section cited in 67 Pa. Code §  231.364 (relating to inspection of motor carrier vehicles in operation).

APPENDIX A
DRIVER OUT-OF-SERVICE CRITERIA

 A driver found to be in violation of Part 395 Hours of Service of Drivers is to be declared out-of-service for whatever period of time necessary to comply with this Part.

 The alpha and numeric identifiers following the FMCSR section number distinguish between violations having the same section number, which permits the selective storage and retrieval of data in the Management Information System.

APPENDIX B
VEHICLE OUT-OF-SERVICE CRITERIA

 The criteria set forth in this appendix shall be governing and unequivocally observed in declaring and marking vehicles ‘‘out-of-service.’’

 The alpha and numeric identifiers following the FMCSR or HMR section number distinguish between violations having the same section number, which permits the selective storage and retrieval of data in the Management Information System.

   Brake Adjustment. Shall not meet or exceed those specifications contained hereunder relating to maximum stroke at which brakes should be readjusted. (Dimensions in inches.)