RULES AND REGULATIONS
Title 67—TRANSPORTATION
DEPARTMENT OF TRANSPORTATION
[ 67 PA. CODE CH. 229 ]
Interstate Motor Carrier Safety Requirements
[40 Pa.B. 2017]
[Saturday, April 17, 2010]The Department of Transportation (Department), under the authority contained in 75 Pa.C.S. §§ 4704 and 6103 (relating to inspection by police of Commonwealth personnel; and promulgation of rules and regulations by department), hereby adopts amendments to Chapter 229 of the Department's regulations (relating to interstate motor carrier safety requirements), to read as set forth 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.
Summary of Comments and Changes in Final Adopted Regulation
The amendments to the regulations were published as a proposed rulemaking at 39 Pa.B. 997 (February 21, 2009). The proposed rulemaking was also submitted to the Independent Regulatory Review Commission (IRRC) and the House and Senate Transportation Committees (Committees).
Comments were received from Officer Thomas Sanders and from IRRC. Officer Sanders noted that the existing language of § 229.2 (relating to scope), indicates that the regulation 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 the combination of vehicles exceeds 17,000 pounds.'' He indicated that the reference to 17,000 pounds may be confusing and requested that the language under § 229.2 be modified to be consistent with the definition of ''motor carrier vehicle'' as it appears in 75 Pa.C.S. (relating to the Vehicle Code). The Department agrees that the reference to a vehicle which ''exceeds 17,000 pounds'' should be removed and it was removed (placed inside brackets) in the proposed rulemaking. In its place, the proposed amendments referenced a ''commercial motor vehicle,'' the term used and defined in the Federal Motor Carrier Safety Regulations. Officer Sanders simply misread the bracketing. Accordingly, no change to the proposed rulemaking was necessary to address this concern.
IRRC questioned the propriety of including in the regulation the adoption, as statements of policy, of the interpretations of the Federal Motor Carrier Safety Regulations in § 229.17 (relating to Interpretations of Federal Motor Carrier Safety Regulations). IRRC pointed out that statements of policy are interpretative and fall outside the regulatory review process, although similar language is found in the currently existing regulations in § 229.411 (relating to adoption of Interpretations of Federal Motor Carrier Safety Regulations, Federal Highway Administration, United States Department of Transportation) as well as in § 231.411 (relating to adoption of interpretations of Federal Motor Carrier Safety Regulations, Federal Highway Administration, United States Department of Transportation), the Department has amended the language of § 229.17 to more clearly express its intent that any interpretations issued by the Federal Motor Carrier Safety Administration (FMCSA) should be viewed as guidance under these regulations as well.
The FMCSA Program periodically publishes interpretations of its regulations. The purpose of adopting the interpretations is to ensure that motor carriers, drivers and law enforcement may rely on the FMCSA interpretations. Additionally, adopting the FMCSA interpretations will enhance the uniform interpretation and implementation of the motor carrier safety regulations in this Commonwealth consistent with its application throughout the rest of the United States.
Persons and Entities Affected
These amendments will affect all motor carriers and drivers who operate in interstate commerce.
Fiscal Impact
Implementation of these amendments will not require the expenditure of any additional funds by the Commonwealth or local municipalities. These amendments 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)), on February 21, 2009, the Department submitted a copy of the proposed rulemaking to IRRC and to the Committees for review and comment.
In preparing these final-form regulations, the Department has considered all comments received from the public, IRRC and the Committees.
Effective Date
The Department will make these amendments effective upon publication in final form.
Sunset Provisions
The Department is not establishing a sunset date for these regulations, since these regulations are required to participate in the FMCSA Program. The Department, however, will continue to closely monitor these regulations for their effectiveness.
Contact Person
The contact person for technical questions about this final-form rulemaking should be directed to Daryl St. Clair, Bureau of Maintenance and Operations, 400 North Street, 6th Floor, Commonwealth Keystone Building, Harrisburg, PA 17120, (717) 787-6899.
Order
The Department orders that:
(a) The regulations of the Department, 67 Pa. Code Chapter 229, are amended by deleting §§ 229.4—229.13, 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; 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; 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; 229.331 and 229.341—229.348; 229.361—229.371; 229.381—229.391; 229.431 and 229.432; 229.451—229.453; by amending §§ 229.1—229.3; and by adding §§ 229.14—229.17 to read as set forth in Annex A.
(b) The Secretary of the Department shall submit this order and Annex A to the Office of General Counsel and the Office of Attorney General for approval as to legality and form, as required by law.
(c) The Secretary shall certify this order and Annex A and deposit them with the Legislative Reference Bureau, as required by law.
(d) This order shall take effect upon publication in the Pennsylvania Bulletin.
ALLEN D. BIEHLER, P. E.
SecretaryFiscal Note: 18-413. No fiscal impact; (8) recommends adoption.
(Editor's Note: For the text of the order of the Independent Regulatory Review Commission relating to this document, see 40 Pa.B. 1471 (March 13, 2010).)
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 382, 385, 387 and 390—396. Appropriate parts may be obtained from the following:
(1) United States Government Printing Office, Book Store, Room 118, Federal Building, 1000 Liberty Avenue, Pittsburgh, Pennsylvania 15222, (412) 644-2721.
(2) United States Government Printing Office, Book Store, 100 North 7th Street, Robert Morris Building, Philadelphia, Pennsylvania 19103, (215) 597-0677.
(3) United States Superintendent of Documents, United States Government Printing Office, Washington, D.C. 20402, (202) 655-4000.
(4) Commercial Vehicle Safety Alliance, 1101 17th Street NW, Suite 803, Washington, DC 20036.
(b) Application.
(1) Every motor carrier and its officers, drivers, agents, employees and representatives involved in, or related to, the transportation of interstate commerce shall comply with this chapter and take measures necessary to ensure compliance.
(2) Officers, agents, representatives, drivers and employes of motor carriers involved or concerned with the management, maintenance, operation or driving of vehicles engaged in interstate commerce shall be conversant with and knowledgeable of the rules in this chapter.
(c) Forms and documents. References to forms in the Federal regulations incorporated by reference will be replaced by the appropriate forms prescribed by the Department.
§ 229.2. Scope.
(a) Except as otherwise provided, this chapter applies to commercial motor vehicles engaged in interstate commerce.
(b) This chapter applies to motor carriers of property or passengers, whether common carriers, contract carriers or private carriers, involved in interstate commerce.
§ 229.3. Definitions.
The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:
Qualified Commonwealth employee—The term as it is defined in 75 Pa.C.S. § 102 (relating to definitions).
§§ 229.4—229.13 (Reserved).
§ 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 Interpretations of Federal Motor Carrier Safety Regulations.
The Department will be guided by interpretations of the Federal Motor Carrier Safety Regulations issued by the Federal Motor Carrier Safety Administration for those parts enumerated in § 229.14 (relating to adoption of portions of 49 CFR by reference). Copies of these interpretations may be obtained by contacting the Director, Bureau of Highway Safety and Traffic Engineering, 400 North Street, P. O. Box 2047, Harrisburg, PA 17105-2047, or through the Federal Motor Carrier Safety Administration web site: http://www.fmcsa.dot.gov/rules-regulations/administration/fmcsr/fmcsrguide.aspx?section_type=G.
§ 229.21 (Reserved).
§ 229.22 (Reserved).
§ 229.31 (Reserved).
§ 229.32 (Reserved).
§§ 229.41—229.44 (Reserved).
§§ 229.51—229.54 (Reserved).
§§ 229.61—229.66 (Reserved).
§ 229.71 (Reserved).
§§ 229.81—229.85 (Reserved).
§§ 229.101—229.111 (Reserved).
§§ 229.121—229.128 (Reserved).
§§ 229.131—229.135 (Reserved).
§§ 229.141—229.144 (Reserved).
§§ 229.151—229.153 (Reserved).
§§ 229.161—229.163 (Reserved).
§§ 229.171—229.181 (Reserved).
§§ 229.191—229.193 (Reserved).
§ 229.201 (Reserved).
§ 229.202 (Reserved).
§ 229.208 (Reserved).
§§ 229.210—229.223 (Reserved).
§§ 229.231—229.243 (Reserved).
§§ 229.251—229.254 (Reserved).
§§ 229.261—229.263 (Reserved).
§ 229.271 (Reserved).
§ 229.272 (Reserved).
§§ 229.281—229.299 (Reserved).
§ 229.301 (Reserved).
§§ 229.311—229.314 (Reserved).
§§ 229.321—229.325 (Reserved).
§ 229.331 (Reserved).
§§ 229.341—229.348 (Reserved).
§§ 229.361—229.371 (Reserved).
§§ 229.381—229.391 (Reserved).
§ 229.431 (Reserved).
§ 229.432 (Reserved).
§§ 229.451—229.453 (Reserved).
[Pa.B. Doc. No. 10-685. Filed for public inspection April 16, 2010, 9:00 a.m.]
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