Tenn. Comp. R. & Regs. 1340-06-01-.08 - ADOPTION OF DEPARTMENT OF TRANSPORTATION SAFETY REGULATIONS

(1) The Commissioner of Safety and Homeland Security hereby adopts the interstate motor carrier noise emission standards, federal motor carrier safety regulations, and all subsequent amendments thereto, promulgated, approved, and adopted by the United States Department of Transportation contained in Title 49 of the Code of Federal Regulations, Subtitle B, Chapter III, Sub-Chapters A and B, except for 49 C.F.R. § 391.11(b)(1) for Intrastate motor carriers and 49 C.F.R. § 398.

(2) The Commissioner of Safety and Homeland Security may authorize any officer or agent of the Department of Safety and Homeland Security to:

(a) Enter, inspect, and examine all transportation safety related documents and documents required by T.C.A. Chapter 65 Part 15 and Rules ch. 1340-06-01, such as all records and information pertaining to any accident, driver's records of duty status, bills of lading, shipping records, driver time and payroll records, driver qualification records, vehicle maintenance records, electronic records, other supporting documents and equipment for inspection or copying during regular business hours of any person or Motor Carrier, to the extent those records or properties relate to this Chapter and the transportation of hazardous materials, freight, or passengers; and

(b) Stop and inspect any transport vehicle or part thereof for any violation of this Chapter or any regulation issued pursuant thereto.

(c) Upon request of the owner or operator, the officer or agent shall display a valid Tennessee Department of Safety and Homeland Security identification card.

(3) Out-of-Service Criteria and Sticker. The Tennessee Highway Patrol will follow the procedures as outlined in the North American Standard Out-of-Service Criteria issued by the Commercial Vehicle Safety Alliance (CVSA).

(a) If a commercial motor vehicle is operated in violation of any safety regulation or requirement listed in the CVSA Out-of-Service Criteria, an officer of the Tennessee Highway Patrol shall place the commercial motor vehicle/commercial motor vehicle operator out-of-service and is authorized to affix to the vehicle a notice indicating the nature of the violation and requiring its correction before the Commercial motor vehicle is further operated.

(b) Refusal of the vehicle operator to grant permission for a law enforcement officer or inspector to conduct a safety inspection of the vehicle shall be cause for the officer or inspector to place the vehicle out-of-service.

(c) Refusal of the commercial motor vehicle driver to grant permission for a law enforcement officer or inspector to conduct a safety inspection regarding the driver himself shall be cause for the officer or inspector to place the driver out-of-service until permission is granted.

Notes

Tenn. Comp. R. & Regs. 1340-06-01-.08

Original rule certified May 9, 1974. Rule 1340-06-01-.08 was transferred from rule 1220-02-01-.08 by the Secretary of State with editorial changes pursuant to Public Chapter 305 of 1995 and Public Chapter 826 of 2002; effective March 28, 2003. Emergency rule filed August 16, 2011; effective through February 12, 2012. Repeal and new rule filed August 16, 2011; effective January 29, 2012.

Authority: T.C.A. §§ 65-15-106 and 65-15-113.