Pennsylvania Code & Bulletin
COMMONWEALTH OF PENNSYLVANIA

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The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 54 Pa.B. 5598 (August 31, 2024).

34 Pa. Code § 31.26. Health and safety requirements.

§ 31.26. Health and safety requirements.

 (a)  Carriers shall provide for reasonable rest stops at least once between meal stops. Meal stops shall be made at intervals not to exceed 6 hours and shall be for a period of not less than 30 minutes duration.

 (b)  Any truck when used for the transportation of migrant workers, if such workers are being transported in excess of 600 miles, shall be stopped for a period of not less than eight consecutive hours either before or upon completion of 600 miles travel, and either before or upon completion of any subsequent 600 miles travel to provide rest for drivers and passengers.

 (c)  No driver or employe of a motor carrier may do any of the following:

   (1)  Fuel a motor vehicle with the engine running, except when it is necessary to run the engine to fuel the vehicle.

   (2)  Smoke or expose any open flame in the vicinity of a vehicle being fueled.

   (3)  Fuel a motor vehicle unless the nozzle of the fuel hose is continuously in contact with the intake pipe of the fuel tank.

   (4)  Permit any other person to engage in activities which may result in fire or explosion.

 (d)  Except in case of emergency, no driver shall permit a motor vehicle to which he is assigned to be driven by any person who is not authorized by the motor carrier in control to drive such vehicle.

 (e)  A motor vehicle shall not be driven while transporting passengers unless the passengers in such motor vehicle are protected from inclement weather conditions such as rain, snow or sleet, by use of the top or protective devices as required by this subchapter.

 (f)  A driver shall not drive or be required or permitted to drive a motor vehicle while his ability or alertness is so impaired through fatigue, illness or any other cause as to make it unsafe for him to begin or continue to drive. The requirement of this subsection does not apply to cases of grave emergency if the hazard to passengers would be increased by observance of the requirement and then only the driver may drive to the nearest point at which the safety of passengers is assured.

 (g)  A driver shall not drive or be required or permitted to drive a motor vehicle, be in active control of the vehicle, or go on duty or remain on duty, if he is under the influence of any alcoholic beverage or liquor, regardless of its alcoholic content, nor shall any driver drink a beverage or liquor while on duty.

 (h)  A motor carrier shall not permit or require the operation of any motor vehicle between points in such period of time as would necessitate the vehicle being operated at speeds greater than those prescribed by the jurisdictions in or through which the vehicle is being operated.

 (i)  Motor vehicles shall not be left unattended by the driver until the parking brake has been securely set, the wheels chocked, and all reasonable precautions have been taken to prevent the movement of the vehicles.



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