Subchapter A. GENERAL


Sec.


231.1.    General information and requirements.
231.2.    Scope.
231.3.    Definitions.
231.4.    Other terms.
231.5.    Vehicles used for purposes other than as defined.
231.6.    Motor carrier to require observance of driver regulations.

§ 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.

 (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.

§ 231.2. Scope.

 (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).

 (e)  This chapter does not apply to maintenance mechanics driving vehicles as part of their duties related to routine road tests or other maintenance tests provided the mechanic operates the vehicle within 25 air miles of the maintenance facility to which he is assigned.

§ 231.3. Definitions.

 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.

Source

   The provisions of this §  231.3 amended June 24, 1994, effective June 25, 1994, 24 Pa.B. 3128. Immediately preceding text appears at serial page (134662).

§ 231.4. Other terms.

 49 CFR 390.28 (relating to other terms) incorporated by reference.

§ 231.5. Vehicles used for purposes other than as defined.

 49 CFR 390.31 (relating to vehicles used for purposes other than as defined) incorporated by reference.

§ 231.6. Motor carrier to require observance of driver regulations.

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



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