Section 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 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.

(16) 49 CFR 390.23(a) (relating to relief from regulations) is modified to read as follows:

(a) Some or all of Parts 390 through 399 of this chapter shall not apply to any motor carrier or driver operating a commercial motor vehicle to provide emergency relief during an emergency, subject to the following limitations:

(1) Regional emergencies.

(i) The exemption provided by paragraph (a)(1) of this section is effective only when:

(A) An emergency has been declared by the President of the United States, the Governor of a State, or their authorized representatives having authority to declare emergencies; or

* * * * *

(iii) A declaration of emergency by a Governor of a State may limit the exemption provided by paragraph (a)(1) of this section to specified provisions of Parts 390 through 399 of this chapter.

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; amended November 22, 2013, effective November 23, 2013, 43 Pa.B. 6893. Immediately preceding text appears at serial pages (349400) and (360093) to (360095).

Notation

Authority

The provisions of this § 231.8 amended under the Vehicle Code, 75 Pa.C.S. § § 4704 and 6103.

(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.)

Cross References

This section cited in 67 Pa. Code § 231.7 (relating to adoption of portions of 49 CFR by reference).