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PROPOSED RULEMAKING

[ 67 PA. CODE CH. 231 ]

Intrastate Motor Carrier Safety Requirements

[39 Pa.B. 999]
[Saturday, February 21, 2009]

   The Department of Transportation (Department), under the authority contained in 75 Pa.C.S. §§ 4704 and 6103 (relating to inspection by police or Commonwealth personnel; and promulgation of rules and registrations by department) proposes to amend Chapter 231 (relating to intrastate motor carrier safety requirements) to read as set forth in Annex A.

Purpose of Chapter

   The purpose of Chapter 231 is to prescribe the minimum requirements and qualifications for drivers, vehicles and other matters relating to the intrastate operation of commercial vehicles.

Purpose of the Proposed Amendments

   The purpose of these proposed amendments to Chapter 231 is to ensure that Pennsylvania's regulations are identical to, or have the same effect as, the Federal Motor Carrier Safety Regulations and Hazardous Materials Regulations as required to participate in the Motor Carrier Safety Assistance Program, a Federal funding source administered by the Federal Motor Carrier Safety Administration Program.

Summary of Significant Amendments

   These proposed amendments will incorporate by reference into Chapter 231 the following provisions of 49 CFR Parts 382, 385, 390--393, 395 and 396.

Persons and Entities Affected

   These proposed regulations will affect all motor carriers and drivers who operate in intrastate commerce.

Fiscal Impact

   Implementation of these proposed regulations will not require the expenditure of any additional funds by the Commonwealth or local municipalities. These proposed regulations will not impose any additional costs on the regulated community.

Regulatory Review

   Under section 5(a) of the Regulatory Review Act (71 § P. S. 745.5(a)), the Department submitted a copy of these proposed regulations, on February 10, 2009, to the Independent Regulatory Review Commission (IRRC) and to the Chairpersons of the House and Senate Transportation Committees (Committees). In addition to submitting the proposed amendments, the Department has provided IRRC and the Committees with a copy of a detailed Regulatory Analysis Form. A copy of this material is available to the public upon request.

   Under section 5(g) of the Regulatory Review Act, IRRC may convey any comments, recommendations or objections to the proposed amendments within 30 days of the close of the public comment period. The comments, recommendations or objections shall specify the regulatory review criteria that have not been met. The Regulatory Review Act specifies detailed procedures for review, prior to final publication of the regulations, by the Department, the General Assembly and the Governor of comments recommendation, or objections.

Sunset Provisions

   The Department will make these proposed amendments effective upon publication in final-form following appropriate evaluation of any comments, suggestions or objections received during the period allowed for public comment. The Department is not establishing a sunset date for these regulations, since these regulations are required to participate in the Federal Motor Carrier Safety Assistance Program. The Department, however, will continue to closely monitor these regulations for their effectiveness.

Public Comments

   Interested persons are invited to submit written comments, suggestions or objections regarding the proposed amendments to Daryl R. St. Clair within 30 days of the publication of this notice in the Pennsylvania Bulletin.

Contact Person

   The contact person for technical questions about the proposed amendments to the regulations is Daryl R. St. Clair, Bureau of Maintenance and Operations, 400 North Street, 6th Floor, Commonwealth Keystone Building, Harrisburg, PA 17120, (717) 787-6899.

ALLEN D. BIEHLER, P. E.,   
Secretary

   Fiscal Note:  18-414. No fiscal impact; (8) recommends adoption.

   (Editor's Note:  As part of this proposed rulemaking, the Department is proposing to rescind Subchapters B--J as follows:

   §§ 231.21--231.25, 231.31, 231.32, 231.41--231.44, 231.61--231.66, 231.71 and 231.81--231.85 which appear in 67 Pa. Code pages 231-5--231-11, serial pages (198297)--(198303).

   §§ 231.101--231.111, 231.121--231.127, 231.131--231.135, 231.141--231.144, 231.151--231.153, 231.161--231.163 and 231.171--231.181 which appear in 67 Pa. Code pages 231-13--231-18, serial pages (198305)--(198308) and (265941) and (265942).

   §§ 231.201--231.223, 231.231--231.243, 231.251--231.254, 231.271, 231.272, 231.281--231.299, 231.301 and 231.311--231.314 which appear in 67 Pa. Code pages 231-20--231-29, serial pages (198312)--(198321).

   §§ 231.331 and 231.341--231.347 which appear in 67 Pa. Code pages 231-29--231-36, serial pages (198321)--(198328).

   §§ 231.361--231.367 which appear in 67 Pa. Code pages 231-36--231-38, serial pages (198328)--(198330).

   §§ 231.381--231.392 which appear in 67 Pa. Code pages 231-38 and 231-39, serial pages (198330) and (198331).

   § 231.411 which appears in 67 Pa. Code pages 231-39 and 231-40, serial pages (198331) and (198332).

   §§ 231.451--231.453 which appear in 67 Pa. Code pages 231-40--231-42, serial pages (198332)--(198334).

   Appendices (A) and (B) which appear in 67 Pa. Code pages 231-42--231-59 serial pages (198334)--(198351).

Annex A

TITLE 67.  TRANSPORTATION

PART I.  DEPARTMENT OF TRANSPORTATION

Subpart A.  VEHICLE CODE PROVISIONS

ARTICLE VIII.  ADMINISTRATION AND ENFORCEMENT

CHAPTER 231.  INTRASTATE MOTOR CARRIER SAFETY REQUIREMENTS

Subchapter A. GENERAL

§ 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] Parts 382, 385 and 390--396 and the North American Standard Out-of-Service Criteria. Appropriate parts may be obtained from the following:

*      *      *      *      *

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

*      *      *      *      *

   (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 [Director means the] Secretary means the Secretary of the Pennsylvania Department of Transportation.

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

*      *      *      *      *

§ 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] commercial motor vehicles and school buses engaged in intrastate commerce.

*      *      *      *      *

   [(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] employee--[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).] The term as defined in 75 Pa.C.S. § 4102 (relating to definitions).

   [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.]

   School bus--The term as defined in 75 Pa.C.S. § 102.

   [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.]

§ 231.4. [Other terms] (Reserved).

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

§ 231.5. [Vehicles used for purposes other than as defined] (Reserved).

   [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] (Reserved).

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

§ 231.7 Adoption of portions of 49 CFR by reference.

   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 driver drug and alcohol 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).

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

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

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

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

§ 231.8 Additions or modifications to 49 CFR.

   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 modifications, 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--A 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 eight 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) and (2).

   (3)  49 CFR 390.19 (relating to motor carrier identification report) is deleted in its entirety.

   (4)  49 CFR 390.21 (relating to marking of CMVs) 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 must be on a form prescribed by the Department and will 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 subparagraph (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 the requirements in this paragraph, 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 391.67 is modified to reference ''16 years of age or older'' rather than ''18 years of age or older.''

   (10)  49 CFR 391.11(b)(1) is deleted.

   (11)  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).

   (12)  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 the Pennsylvania Secretary of Transportation makes a determination or orders otherwise.

   (13)  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.

   (14)  49 CFR 385.1 (relating to purpose and scope) is modified to add an exemption for farmers from the requirements of Part 385 (relating to safety fitness procedures).

§ 231.9 Adoption of out-of-service criteria.

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

§ 231.10 Adoption of interpretation of Federal Motor Carrier Safety Regulations.

   The Department hereby adopts, as statements of policy, interpretations of the Federal Motor Carrier Safety Regulations as published by the Federal Motor Carrier Safety Administration for those parts enumerated in § 231.7 (relating to adoption of portions of 49 CFR by reference).

[Pa.B. Doc. No. 09-297. Filed for public inspection February 20, 2009, 9:00 a.m.]



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