§ 29.406. Inspection by enforcement officers.
(a) An enforcement officer employed by the Commission is authorized to perform inspections of vehicles to determine compliance with this subchapter under 66 Pa.C.S. § § 307 and 506 (relating to inspectors for enforcement; and inspection of facilities and records). To perform these inspections, Commission enforcement officers are authorized to stop vehicles in operation. Commission enforcement officers are also authorized to enter upon the premises of the agent or lessee of a common carrier or contract carrier at a reasonable time for the purpose of performing inspections upon vehicles used in regulated operations.
(b) A form designated by the Commission shall be used to record findings from vehicles selected for inspection.
(c) Vehicles in operation which are found upon inspection not to comply with § § 29.402 and 29.403 (relating to vehicle equipment requirements; requirements for passenger service operations) shall be declared out-of-service by an enforcement officer employed by the Commission and shall be placed out-of-service utilizing the Commission’s out-of-service sticker.
(d) A common carrier or contract carrier may not require or permit a person to operate nor may a person operate a vehicle declared and placed out-of-service until repairs required by the Commission have been satisfactorily completed, except as provided in § 29.404 (relating to unsafe operations forbidden).
(e) A person may not remove an out-of-service sticker from a vehicle prior to completion of the repairs required by the Commission.
(f) The person completing the repairs required by the out-of-service notice shall sign the Certificate of Repairman in accordance with the terms prescribed by the Commission, entering the name of the person’s shop or garage and the date and time the required repairs were completed. If the vehicle operator completes the required repairs, the operator shall sign and complete the Certification of Repairman.
(g) The carrier’s disposition of the form shall be as follows:
(1) The operator of a vehicle receiving the form placing the vehicle out-of-service shall deliver the form to the common carrier or contract carrier operating the vehicle.
(2) Violations or mechanical defects noted on a form shall be corrected. To the extent that vehicle operators are shown not to be in compliance with this chapter, appropriate corrective action shall be taken by the common carrier or contract carrier.
(3) Carriers shall retain a copy of the form at their principal place of business for 1 year from the date of inspection.
Authority The provisions of this § 29.406 amended under the Public Utility Code, 66 Pa.C.S. § § 501, 1102, 1103, 1501, 1502, 1504, 1506, 1508 and Chapters 23 and 25.
Source The provisions of this § 29.406 adopted April 20, 1984, effective April 21, 1984, 14 Pa.B. 1390; amended August 4, 2006, effective August 5, 2006, 36 Pa.B. 4181. Immediately preceding text appears at serial pages (218773) to (218775).
Cross References This section cited in 52 Pa. Code § 29.407 (relating to civil penalties for violations).
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