Subchapter F. INSPECTION, REPAIR
AND MAINTENANCE

§ 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.