PROPOSED RULEMAKING
DEPARTMENT OF TRANSPORTATION
[ 67 PA. CODE CH. 229 ]
Interstate Motor Carrier Safety Requirements
[39 Pa.B. 997]
[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 regulations by department) proposes to amend Chapter 229 (relating to interstate motor carrier safety requirements) to read as set forth in Annex A.
Purpose of Chapter
The purpose of Chapter 229 is to prescribe the minimum requirements and qualifications for drivers, vehicles and other matters relating to the interstate operation of commercial vehicles.
Purpose of the Proposed Amendments
The purpose of these proposed amendments 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 229 the following provisions of 49 CFR Parts 382, 385, 387, 390--393, 395 and 396.
Persons and Entities Affected
These proposed regulations will affect all motor carriers and drivers who operate in interstate commerce.
Fiscal Impact
Implementation of these regulations will not require the expenditure of any additional funds by the Commonwealth or local municipalities. These 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 amendments, 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.,
SecretaryFiscal Note: 18-413. 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:
§§ 229.21, 229.22, 229.31, 229.32, 229.41--229.44, 229.51--229.54, 229.61--229.66, 229.71 and 229.81--229.85 which appear in 67 Pa. Code pages 229-7--229-12, serial pages (251037)--(251042).
§§ 229.101--229.111, 229.121--229.128, 229.131--229.135, 229.141--229.144, 229.151--229.153, 229.161--229.163 and 229.171--229.181 which appear in 67 Pa. Code pages 229-14--229-22, serial pages (251044)--(251050) and (265935) and (265936).
§§ 229.191--229.193, 229.201, 229.202, 229.208, 229.210--229.223, 229.231--229.243, 229.251--229.254, 229.261--229.263, 229.271, 229.272, 229.281--229.299, 229.301, 229.311--229.314 and 229.321--229.325 which appear in 67 Pa. Code pages 229-25--229-40, serial pages (251055)--(251060), (265937), (265938) and (251063)--(251070).
§§ 229.331 and 229.341--229.348 which appear in 67 Pa. Code pages 229-40--229-43, serial pages (251070)--(251073).
§§ 229.361--229.371 which appear in 67 Pa. Code pages 229-43--229-46, serial pages (251073), (251074), (265939) and (265940).
§§ 229.381--229.391 which appear in 67 Pa. Code pages 229-47--229-49, serial pages (251077)--(251079).
§§ 229.431 and 229.432 which appear in 67 Pa. Code pages 229-49 and 229-50, serial pages (251079) and (251080).
§§ 229.451--229.453 which appear in 67 Pa. Code pages 229-50--229.52, serial pages (251080)--(251082).
Annex A
TITLE 67. TRANSPORTATION
PART I. DEPARTMENT OF TRANSPORTATION
Subpart A. VEHICLE CODE PROVISIONS
ARTICLE VIII. ADMINISTRATION AND ENFORCEMENT
CHAPTER 229. INTERSTATE MOTOR CARRIER SAFETY REQUIREMENTS
Subchapter A. GENERAL § 229.1. General information and requirements.
(a) Purpose. This chapter prescribes the minimum requirements and qualifications for drivers, vehicles and other matters relating to the interstate operation of commercial motor vehicles. Much of this chapter incorporates by reference provisions of 49 CFR Parts [390--397] 382, 385, 387 and 390--396. 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. In order to reconcile differences between this chapter and the incorporated sections of Federal regulations and to effectuate their joint enforcement, the following words and phrases will be substituted for the language of the Federal regulations as follows:
A reference to the Department of Transportation means the Pennsylvania Department of Transportation.
(d)] Forms and documents. References to forms in the Federal regulations incorporated by reference will be replaced by the appropriate forms prescribed by the Department of Transportation.
§ 229.2. Scope.
(a) Except as otherwise provided, this chapter applies to [vehicles, including motor vehicles and combinations of vehicles, and drivers of motor vehicles engaged in interstate commerce if the registered gross weight of the vehicle or combination of vehicles exceeds 17,000 pounds] commercial motor vehicles engaged in interstate commerce.
* * * * * [(c) This chapter does not apply to systematic inspections of drivers of or vehicle types as follows:
(1) Farm trucks not required to be registered.
(2) Special mobile equipment.
(3) Implements of husbandry.]
§ 229.3. Definitions.
The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:
[Bus--A motor vehicle as defined in 75 Pa.C.S. § 102 (relating to definitions).
Business district--The term as defined in 75 Pa.C.S. § 102.
Department--The Department of Transportation of the Commonwealth.
Driveaway-towaway operation--49 CFR 390.5 (relating to definitions) incorporated by reference.
Driver--49 CFR 390.5 incorporated by reference.
Full trailer--The term as defined in 75 Pa.C.S. § 102.
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 within 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.
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 (relating to marking and placarding motor vehicles) 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 a vehicle being towed by the motor vehicle of 17,000 pounds or less.
Motor carrier--49 CFR 390.5 incorporated by reference.
Motor carrier vehicle--The term as defined in 75 Pa.C.S. § 102.
Pole trailer--49 CFR 390.5 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 department personnel; and powers and duties of department)] The term as defined in 75 Pa.C.S. § 102 (relating to definitions).
[Radar detector--49 CFR 390.5 (relating to definitions) incorporated by reference.
Residence district--The term as defined in 75 Pa.C.S. § 102.
Semitrailer--The term as defined in 75 Pa.C.S. § 102.
Truck--The term as defined in 75 Pa.C.S. § 102.
Truck tractor--49 CFR 390.5 (relating to definitions) incorporated by reference.
Vehicle--The term as defined in 75 Pa.C.S. § 102.]
§ 229.4. [General applicability] (Reserved).
[49 CFR 390.3 (relating to general applicability) incorporated by reference.]
§ 229.5. [Vehicles used for purposes other than as defined] (Reserved).
[49 CFR 390.33 (relating to vehicles used for purposes other than as defined) incorporated by reference.]
§ 229.6. [Motor carrier to require observance of driver regulations] (Reserved).
[49 CFR 390.11 (relating to motor carrier to require observance of driver regulations) incorporated by reference.]
§ 229.7. [Aiding or abetting violations] (Reserved).
[49 CFR 390.13 (relating to aiding or abetting violations) incorporated by reference.]
§ 229.8. [Additional equipment and accessories] (Reserved).
[49 CFR 390.19 (relating to additional equipment and accessories) incorporated by reference.]
§ 229.9. [Marking of motor vehicles] (Reserved).
[49 CFR 390.21 (relating to marking of commercial motor vehicles) incorporated by reference.]
§ 229.10. [Relief from hours-of-service regulations--disasters] (Reserved).
[49 CFR 390.23 (relating to relief from hours-of-service regulations--disasters) incorporated by reference.]
§ 229.11. [Copies of records or documents] (Reserved).
[49 CFR 390.31 (relating to copies of records or documents) incorporated by reference.]
§ 229.12. [Certificates, reports and records: falsification, reproduction or alteration] (Reserved).
[49 CFR 390.35 (relating to certificates, reports, and records: falsification, reproduction, or alteration) incorporated by reference.]
§ 229.13. [Violation and penalty] (Reserved).
[49 CFR 390.37 (relating to violation and penalty) incorporated by reference.]
§ 229.14. Adoption of portions of 49 CFR by reference.
The Department incorporates by reference the following portions of 49 CFR (relating to transportation), subject to §§ 229.3 and 229.15 (relating to definitions; and additions or modifications to 49 CFR).
(1) Part 382 (relating to controlled substances and alcohol use and testing).
(2) Part 385 (relating to safety fitness procedures).
(3) Part 387 (relating to minimum levels of financial responsibility for motor carriers).
(4) Part 390 (relating to Federal motor carrier safety regulations; general).
(5) Part 391 (relating to qualifications of drivers and longer combination vehicle (LCV) driver instructors).
(6) Part 392 (relating to driving of commercial motor vehicles).
(7) Part 393 (relating to parts and accessories necessary for safe operation).
(8) Part 395 (relating to hours of service of drivers).
(9) Part 396 (relating to inspection, repair, and maintenance).
§ 229.15. Additions or modifications to 49 CFR.
A reference to special agent includes a police officer or a qualified Commonwealth employee.
§ 229.16. 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.
§ 229.17 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 § 229.14 (relating to adoption of portions of 49 CFR by reference).
[Pa.B. Doc. No. 09-296. Filed for public inspection February 20, 2009, 9:00 a.m.]
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