§ 37.205. Additions or modifications to 49 CFR.
As stated in § 37.204 (relating to adoption of portions of 49 CFR by reference), this chapter generally incorporates 49 CFR Parts 382 and 390—396. The following modifications, additions and deletions to those parts also apply:
(1) Part 382 (relating to controlled substances and alcohol use and testing).
(i) 49 CFR 382.103 (relating to applicability) is modified to incorporate the following provisions:
(A) 49 CFR 382.103(a) is modified to read: This part applies to motor carriers and persons who operate a motor vehicle as defined in this section at subparagraph (ii)(C), in transportation as regulated by the Commission.
(B) 49 CFR 382.103(c) is deleted in its entirety and replaced with the following: the Commission will permit compliance with this part by persons who have been subject to the testing provisions of another Department of Transportation agency.
(ii) 49 CFR 382.107 (relating to definitions) is adopted in its entirety except for the following revisions:
(A) The term ‘‘commerce’’ is deleted in its entirety.
(B) The term ‘‘commercial motor vehicle’’ is deleted in its entirety.
(C) The term ‘‘motor vehicle’’ means a vehicle, self propelled or towed, used in transportation regulated by the Commission, that is one of the following:
(I) The vehicle has a gross vehicle weight rating or gross combination weight rating of 26,001 or more pounds.
(II) The vehicle is used to transport more than 16 passengers, including the driver.
(D) The term ‘‘employer’’ is deleted in its entirety.
(E) The term ‘‘employer’’ is deleted in its entirety. See the definition in § 37.202 (relating to definitions).
(iii) 49 CFR 382.109 (relating to preemption of State and local laws) is deleted in its entirety.
(iv) 49 CFR 382.305 (relating to random testing) is modified to incorporate the following provisions:
(A) 49 CFR 382.305(1) is modified to add the following provision: For purposes of this section only, FHWA means the Federal Highway Administration.
(B) 49 CFR 382.305(m) is modified to add the following provision: The Commission will evaluate the FHWA Administrator’s decision to increase or decrease minimum annual percentage rate for alcohol and controlled substance testing. If the Commission determines to adopt requirements that are different from the FHWA Administrator’s decision, the minimum annual testing percentage rate will be published in the Pennsylvania Bulletin.
(v) 49 CFR 382.405 (relating to access to facilities and records) is modified to delete subsection (e).
(vi) 49 CFR 382.501 (relating to removal from safety-sensitive function) is modified to delete subsection (c).
(2) Part 390 (relating to general).
(i) 49 CFR 390.1 (relating to purpose) is deleted in its entirety.
(ii) 49 CFR 390.3 (relating to general applicability) is deleted in its entirety.
(iii) 49 CFR 390.5 (relating to definitions) is deleted in its entirety.
(iv) 49 CFR 390.7 (relating to rules of construction) is modified to incorporate the following provision: 49 CFR 390.7(a) is modified to delete the reference to Part 325 of Subchapter A.
(v) 49 CFR 390.9 (relating to state and local laws effect on) is deleted in its entirety.
(vi) 49 CFR 390.11 (relating to motor carrier to require observance of driver regulations) is modified to delete the reference to Part 325 of Subchapter A.
(vii) 49 CFR 390.21 (relating to marking of commercial motor vehicles) is modified to read: A vehicle shall be marked according to the requirements contained in § § 29.71 and 31.33 (relating to markings of vehicles; and identification of equipment).
(viii) 49 CFR 390.27 (relating to locations of regional motor carrier safety offices) is deleted in its entirety.
(ix) 49 CFR 390.33 (relating to vehicles used for purpose other than as defined) is modified to read: When a motor vehicle other than a bus is used to perform the functions normally performed by a bus, the regulations pertaining to buses and to the transportation of passengers apply to that motor vehicle and to its operation as though it were a bus, except with respect to vehicles operated by a motor carrier to transport its employes to and from their place of work in the regular course of the business of the carrier. Likewise, when a motor vehicle of one type is used to perform the functions normally performed by a motor vehicle of another type, the requirements of this chapter apply to the motor vehicle and to its operation in the same manner as though the motor vehicle of the latter type.
(x) 49 CFR 390.35 (relating to certificates, reports, and records: falsification, reproduction, or alteration) is modified to delete every reference to Part 325 of Subchapter A.
(xi) 49 CFR 390.37 (relating to violation and penalty) is deleted in its entirety.
(3) Part 391 (relating to qualifications of drivers).
(i) 49 CFR 391.2 (relating to general exemptions) is deleted in its entirety.
(ii) 49 CFR 391.11(b)(1) (relating to qualifications of drivers) is modified to read: Is at least 18 years of age, unless transporting hazardous materials in a vehicle that is required to be placarded in accordance with 49 CFR 177.823 in which case the driver shall be the applicable age required under Federal and state law.
(iii) 49 CFR 391.15(d)(iv) (relating to disqualification of drivers) is deleted in its entirety.
(iv) 49 CFR 391.49 (relating to waiver of certain physical defects) is modified to incorporate the following provisions:
(A) 49 CFR 391.49(a) is modified to read: A person who is not physically qualified to drive under 49 CFR 391.41(b)(1) or (2) (relating to physical qualifications for drivers) and who is otherwise qualified to drive a motor vehicle, may drive a motor vehicle, other than a motor vehicle which transports passengers or a motor vehicle which transports hazardous materials, if the Commission has granted an application for waiver submitted by the motor carrier on behalf of that person.
(B) 49 CFR 391.49(b) is modified to read: An application for a waiver shall be submitted by the motor carrier that will employ the driver who seeks a waiver of his physical disqualification, if the application is granted. The application shall be addressed to the Director, Bureau of Transportation and Safety, Pennsylvania Public Utility Commission, Post Office Box 3265, Harrisburg, Pennsylvania 17105-3265.
(C) 49 CFR 391.49(d) is modified to add the following provision: (4) A copy of a waiver of physical disqualification approved by the appropriate Federal regional director or by a qualified employe of the Department of Transportation will be accepted by the Commission in lieu of the required medical documents, unless requested by the Commission.
(v) 49 CFR 391.67 (relating to drivers of articulated (combination) farm vehicles) is deleted in its entirety.
(vi) 49 CFR 391.68 (relating to private motor carrier of passengers (nonbusiness)) is deleted in its entirety.
(vii) 49 CFR 391.69 (relating to drivers operating in Hawaii) is deleted in its entirety.
(viii) 49 CFR 391.71 (relating to intrastate drivers of vehicles transporting combustible liquids) is deleted in its entirety.
(ix) 49 CFR 391.73 (relating to private motor carrier of passengers (business)) is deleted in its entirety.
(x) 49 CFR 391.81(c) (relating to purpose and scope) is deleted in its entirety.
(xi) 49 CFR 391.83 (relating to applicability) is modified to incorporate the following provisions:
(A) 49 CFR 391.83(a) applies to motor carriers and persons who operate a motor vehicle, as defined in this subpart, in transportation regulated by the Commission.
(B) 49 CFR 391.83(b) is deleted in its entirety.
(C) 49 CFR 391.83(c) is deleted in its entirety.
(xii) 49 CFR 391.85 (relating to definitions) is adopted in its entirety except for the following revisions:
(A) The term ‘‘commercial motor vehicle’’ is deleted in its entirety.
(B) The term ‘‘motor vehicle’’ means a vehicle, self propelled or towed, used in the transportation regulated by the Commission, that is one of the following:
(I) The vehicle has a gross vehicle weight rating of 26,001 or more pounds.
(II) The vehicle is designed to transport more than 15 passengers, including the driver.
(C) The term ‘‘interstate commerce’’ is deleted in its entirety.
(D) The term ‘‘motor carrier’’ is defined in § 37.202.
(xiii) 49 CFR 391.93 (relating to implementation schedule) applies.
(xiv) 49 CFR 391.125 (relating to termination schedule of this subpart) applies.
(4) Part 392 (relating to driving of motor vehicles). 49 CFR 392.2 (relating to applicable operating rules) is revised to incorporate the following revision: Every motor vehicle shall be operated in accordance with the laws, ordinances and regulations of the jurisdiction in which it is being operated. However, in any conflict between the Federal regulations and the Commission regulations, the Commission regulations prevail if they represent a higher standard.
(5) Part 393 (relating to parts and accessories necessary for safe operation).
(i) Lighting devices and reflectors. 49 CFR 393.11, Table 1, Footnote 11 is modified by adding the following: Exemption. A vehicle with projecting loads may mark the extremities of the load with red flags only as provided in 49 CFR 393.87 (relating to flags on projecting loads) provided the vehicle is operating only during those times of the day when lighted lamps are not required under 49 CFR 392.30 (relating to lighted lamps; moving vehicles).
(ii) Tires. 49 CFR 393.75 (relating to tires) is modified to incorporate the following provision: Vehicles permitted to operate with oversize wheels and tires under 75 Pa.C.S. § 4969 (relating to permit for movement of vehicles with oversize wheels and tires) are not subject to the requirements of this section.
(iii) Bus exhaust system. 49 CFR 393.83 (relating to exhaust system location) is modified to incorporate the following provisions:
(A) 49 CFR 393.83(c) is modified to read: A bus exhaust system which does not discharge at or within 6 inches of the rearmost part of the bus shall discharge to an outside edge of the vehicle body.
(B) 49 CFR 393.83(d)(1) is modified to read: A bus exhaust system which does not discharge at or within 15 inches of exhaust system which does not discharge at or within 15 inches of the rearmost part of the bus shall discharge to an outside edge of the vehicle body.
(iv) Seats, seat belt assemblies and seat belt assembly anchorages. 49 CFR 393.93(d) (relating to seats, seat belt assemblies, and seat belt assembly anchorages) is deleted in its entirety.
(6) Part 395 (relating to hours of service of drivers).
(i) Scope of the rules in this part.
(A) 49 CFR Part 395.1 (relating to scope of the rules in this part) is modified to include the following provision: Drivers of lightweight vehicles. The requirements of 49 CFR 395.8 (relating to driver’s record of duty status) do not apply to a driver of a lightweight vehicle as defined in § 37.202. A motor carrier that employs the driver shall maintain and retain for a period of 6 months accurate and true time records showing:
(I) The time the driver reports for duty each day.
(II) The total number of hours the driver is on duty each day.
(III) The time the driver is released from duty each day.
(IV) The total time for the preceding 7 days in accordance with 49 CFR 395.8(j)(2) for drivers used for the first time or intermittently.
(B) 49 CFR 395.1(i) is deleted in its entirety.
(C) 49 CFR 395.1(j) is deleted in its entirety.
(ii) Drivers declared out of service. 49 CFR 395.13(a) (relating to drivers declared out of service) is replaced in its entirety by the following:
(A) Every enforcement officer of the Commission is authorized to declare a driver out of service and to notify the motor carrier of that declaration, upon finding at the time and place of examination that the driver has violated the out-of-service criteria as set forth in § § 37.221 and 37.222 (relating to application; and out-of-service criteria).
(B) 49 CFR 395.13(b)(1) and (2) are deleted in their entirety. Subsection (b)(3), ‘‘Exception,’’ is redesignated as subsection (b).
(C) 49 CFR 395.13(c)(2) is deleted in its entirety.
(7) Part 396 (relating to inspection of motor vehicles in operation). 49 CFR 396.9 is deleted in its entirety and replaced by the following:
(i) Personnel authorized to perform inspections. Every enforcement officer employed by the Commission is authorized to stop vehicles of motor carriers in operation for the purpose of performing safety inspections under sections 307 and 506 of the act (relating to inspectors for enforcement; and inspection of facilities and records). Commission enforcement officers are authorized to enter upon the premises of any motor carrier during normal business hours, upon notice to the carrier, for the purpose of performing safety inspections upon motor vehicles used in regulated operations.
(ii) Prescribed inspection form. The Commission Vehicle Inspection Report shall be used to record findings from motor vehicles and drivers selected for inspection.
(iii) Motor vehicles declared ‘‘out of service.’’
(A) Declaration. Out-of-service enforcement officers employed by the Commission shall declare and mark ‘‘out of service’’ any motor vehicle which by reason of its mechanical condition or loading would likely cause an accident or breakdown. The Commission’s out of service sticker shall be used to mark vehicles out of service.
(B) Operation. A motor carrier may not permit or require a person to operate, nor may a person operate a motor vehicle declared and marked out-of-service, until the repairs required by the out-of-service notice have been satisfactorily completed. The term ‘‘operate,’’ as used in this section, includes towing, except that vehicles marked out of service may be towed by means of a vehicle using a crane or hoist. A vehicle combination consisting of an emergency towing vehicle and an out of service vehicle may not be operated unless the combination meets the performance requirements of this chapter, except for those conditions noted on the Commission Vehicle Inspection Report.
(C) Removal of sticker. A person may not remove the out-of-service sticker from a motor vehicle prior to completion of all repairs required by the out of service notice on the Commission Vehicle Inspection Report.
(iv) Retention of inspection report. Motor carriers shall retain a copy of the Commission’s vehicle inspection report at their principal place of business or where the vehicle is housed, for 1 year from the date of inspection.
Source The provisions of this § 37.205 adopted May 19, 1995, effective May 20, 1995, 25 Pa.B. 1951.
Cross References This section cited in 52 Pa. Code § 37.202 (relating to definitions); 52 Pa. Code § 37.203 (relating to effect of incorporation of the Code of Federal Regulations); 52 Pa. Code § 37.204 (relating to adoption of portions of 49 CFR by reference).
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