Subchapter B. QUALIFICATIONS OF DRIVERS

§ 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.