Subchapter A. GENERAL

§ 231.1. General information and requirements.

 (a)  Purpose. This chapter prescribes 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 Parts 382, 385 and 390—396 and the North American Standard Out-of-Service Criteria. 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.

   (4)  Commercial Vehicle Safety Alliance, 1101 17th Street NW, Suite 803, Washington, D.C. 20036.

 (b)  Application.

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

   (2)  Officers, agents, representatives, drivers and employees 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, except in 49 CFR Part 382 (relating to controlled substances and alcohol use and testing), the following words and terms, unless the context clearly indicates otherwise, shall be substituted for the language of the Federal regulations as follows:

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

   (2)  Reference to the Secretary means the Secretary of the Pennsylvania Department of Transportation.

   (3)  Reference to special agent includes a police officer or a qualified Commonwealth employee.

   (4)  Reference to Department means the Pennsylvania Department of Transportation.

   (5)  Reference to school bus means the term as defined in 75 Pa.C.S. §  102 (relating to definitions).

   (6)  Reference to Director, Office of Bus and Truck Standards and Operations (MC PSD) means Director of the Bureau of Driver Licensing of the Commonwealth.

   (7)  Reference to State Director or Division Administrator, FMCSA means the Director of the Bureau of Driver Licensing of the Commonwealth.

   (8)  Reference to Medical Program Specialist, FMCSA field service center means the Medical Unit of the Bureau of Driver Licensing of the Commonwealth.

 (d)  Forms and documents. References to forms in the Federal regulations incorporated by reference shall be replaced by the appropriate forms prescribed by the Department.

 (a)  Except as otherwise provided, this chapter applies to commercial motor vehicles and school buses engaged in intrastate commerce.

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

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

   Qualified Commonwealth employee—The term as it is defined in 75 Pa.C.S. §  4102 (relating to definitions).

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

   The provisions of this §  231.3 amended June 24, 1994, effective June 25, 1994, 24 Pa.B. 3128; amended April 23, 2010, effective April 24, 2010, 40 Pa.B. 2106. Immediately preceding text appears at serial pages (198295) to (198296).

 The Department incorporates by reference the following portions of 49 CFR (relating to transportation), subject to § §  231.3 and 231.8 (relating to definitions; and additions or modifications to 49 CFR).

   (1)  Part 382 (relating to controlled substances and alcohol use and testing).

   (2)  Part 385 (relating to safety fitness procedures).

   (3)  Part 390 (relating to Federal motor carrier safety regulations; general).

   (4)  Part 391 (relating to qualifications of drivers and longer combination vehicle (LCV) driver instructors).

   (5)  Part 392 (relating to driving of commercial motor vehicles).

   (6)  Part 393 (relating to parts and accessories necessary for safe operation).

   (7)  Part 395 (relating to hours of service of drivers).

   (8)  Part 396 (relating to inspection, repair, and maintenance).

   The provisions of this §  231.7 adopted April 23, 2010, effective April 24, 2010, 40 Pa.B. 2106.

 As stated in §  231.7 (relating to adoption of portions of 49 CFR by reference), this chapter generally incorporates 49 CFR Parts 382, 385, 390, 391, 392, 393, 395 and 396. The following modification, additions and deletions to those parts apply:

   (1)  The definition of ‘‘commercial motor vehicle’’ in 49 CFR 390.5 (relating to definitions) is modified to read as follows:

 Commercial motor vehicle—Any motor vehicle or combination used on a highway in intrastate commerce to transport passengers or property when the vehicle meets one of the following conditions:

     (i)   Has a gross vehicle weight rating or gross combination weight rating, or gross vehicle weight or gross combination weight, of 17,001 pounds or more, whichever is greater.

     (ii)   Is designed or used to transport more than 8 passengers (including the driver) for compensation.

     (iii)   Is designed or used to transport more than 15 passengers, including the driver, and is not used to transport passengers for compensation.

     (iv)   Is a school bus.

     (v)   Is transporting hazardous materials which is required to be placarded in accordance with Department regulations.

   (2)  49 CFR 390.3 (relating to general applicability) is modified by deleting subsection (f)(1).

   (3)  49 CFR 390.3(f)(2) is modified to remove the reference to transportation by a state or any political subdivision of a state.

   (4)  49 CFR 390.19 (relating to motor carrier identification report) is deleted in its entirety.

   (5)  49 CFR 391.2 (relating to general exceptions) is modified to add an exemption for an inspection mechanic who is performing a road test as required under Chapter 175 (relating to vehicle equipment and inspection) from the requirements of 49 CFR Part 391 (relating to qualifications of drivers and longer combination vehicle (LCV) driver instructors).

   (6)  49 CFR 391.2 is modified to add an exemption from the requirements of 49 CFR Part 391 for regularly employed drivers of State and local governments and agencies of State and local government.

   (7)  49 CFR 391.11(b)(4) (relating to general qualifications of drivers) is modified to exempt school bus drivers who are required to comply with the medical regulations in Chapter 71 (relating to school bus drivers).

   (8)  49 CFR Part 391 is modified by adding the following exemption regarding drivers regularly employed as of September 23, 1995, and the parameters for the exemption:

     (i)   A regularly employed driver as of September 23, 1995, who cannot meet the physical qualifications requirements of 49 CFR Part 391, 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.

     (ii)   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.

     (iii)   A copy of the medical examiner’s initial certificate establishing a driver’s qualification under this section and annotated in accordance with paragraph (iv), 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.

     (iv)   If the medical examiner determines that the driver is only qualified to drive in intrastate commerce in accordance with subparagraphs (i)—(iii), the medical examiner’s certificate required under 49 CFR 391.43 (relating to medical examination; certificate of physical examination) must display the statement ‘‘Medically qualified to operate in intrastate commerce only.’’

   (9)  49 CFR 391.11(b)(1) is deleted.

   (10)  49 CFR 391.47(e) (relating to resolution of conflicts of medical evaluation) is modified to reference Chapter 491 (relating to administrative practice and procedure) instead of §  386.13(a).

   (11)  49 CFR 391.47(f) is modified to read as follows:

     (f)   Status of driver. Once a petition for review of a decision of the Director of the Bureau of Driver Licensing is submitted, the driver shall be deemed disqualified until such time as the Pennsylvania Secretary of Transportation makes a determination or orders otherwise.

   (12)  49 CFR 390.27 (relating to locations of motor carrier safety service centers) is amended to read as follows:

   390.27 Address of the Medical Unit of the Bureau of Driver Licensing

  The mailing address for the Medical Unit is PENNDOT, Bureau of Driver Licensing, Medical Unit, 1101 South Front Street, 3rd Floor, Harrisburg, PA 17104-2516.

   (13)  49 CFR 385.1(d) (relating to purpose and scope) is modified to read as follows:

 (d)  

  The provisions of this part apply to all motor carriers subject to the requirements of this subchapter, except nonbusiness private motor carriers of passengers and farmers that do not transport hazardous materials of a type or quantity that requires the commercial motor vehicle to be placarded in accordance with 49 CFR 177.823.

   (14)  49 CFR 393.86(b)(1)(IV) (relating to rear impact guards and rear end protection) is amended to add the following sentence: ‘‘This location requirement does not apply to dump trucks owned by or registered to the Commonwealth or a political subdivision of this Commonwealth that is used for roadway construction, maintenance or repair.’’

   (15)  49 CFR 395.1 (relating to scope of rules in this part) is modified by adding subsections as follows:

     (q.1)   This part does not apply to transportation relating to snow removal, roadway maintenance and traffic control support activities performed by a state or any political subdivision of the state.

     (q.2)   A driver performing highway snow removal operations on behalf of the state or any political subdivision of the state who is not eligible to be exempted under subsection (q.1) may operate a commercial motor vehicle for up to 12 hours provided that:

       (1)   The driver does not drive a commercial motor vehicle after having been on duty for more than 16 hours; and

       (2)   The driver has not been on duty 70 hours in 7 consecutive days or 80 hours in 8 consecutive days.

   The provisions of this §  231.8 adopted April 23, 2010, effective April 24, 2010, 40 Pa.B. 2106; amended November 11, 2011, effective November 12, 2011, 41 Pa.B. 6086; amended January 6, 2012, effective January 7, 2012, 42 Pa.B. 25. Immediately preceding text appears at serial pages (349400) and (359909) to (359910).

 (Editor’s Note: The amendments to this section at 41 Pa.B. 6086 (November 12, 2011) were made under section 6(d) of the Regulatory Review Act (71 P. S. §  745.6(d)). The amendments published at 42 Pa.B. 25 (January 7, 2012) were final-omitted regulations.)

 The out-of-service criteria contained in the North American Standard Out-of-Service Criteria is incorporated by reference.

 The Department will be guided by interpretations of the Federal Motor Carrier Safety Regulations issued by the Federal Motor Carrier Safety Administration for those Parts enumerated in §  231.7 (relating to adoption of portions of 49 CFR by reference). Copies of these interpretations may be obtained by contacting the director, bureau of Highway Safety and Traffic Engineering, 400 North Street, P. O. Box 2047, Harrisburg, PA 17105-2047, or through the Federal Motor Carrier Safety Administration web site: http://www.fmcsa.dot.gov/rules-regulations/administration/fmcsr/fmcsrguide.aspx?section[lowbar]type=G.

   The provisions of this §  231.10 adopted April 23, 2010, effective April 24, 2010, 40 Pa.B. 2106.