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."
(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.
