67 Pa. Code Subchapter A. General

Pennsylvania Code

Subchapter A. GENERAL

Sec.

229.1.      General information and requirements.
229.2.      Scope.
229.3.      Definitions.
229.4—229.6.      [Reserved].
229.7—229.12.      [Reserved].
229.13.      [Reserved].
229.14.      Adoption of portions of 49 CFR by reference.
229.15.      Additions or modifications to 49 CFR.
229.16.      Adoption of Out-of-Service criteria.
229.17.      Interpretations of Federal Motor Carrier Safety Regulations.
§ 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 employees 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.

Source

   The provisions of this §  229.1 adopted August 29, 1986, effective August 30, 1986, 16 Pa.B. 3210; amended July 19, 1991, effective July 20, 1991, 21 Pa.B. 3223; amended April 16, 2010, effective April 17, 2010, 40 Pa.B. 2017. Immediately preceding text appears at serial pages (251031) to (251032).
§ 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.

Source

   The provisions of this §  229.2 adopted August 29, 1986, effective August 30, 1986, 16 Pa.B. 3210; readopted July 19, 1991, effective July 20, 1991, 21 Pa.B. 3223; amended April 16, 2010, effective April 17, 2010, 40 Pa.B. 2017. Immediately preceding text appears at serial pages (251032) to (251033).
§ 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).

Source

   The provisions of this §  229.3 adopted August 29, 1986, effective August 30, 1986, 16 Pa.B. 3210; amended July 19, 1991, effective July 20, 1991, 21 Pa.B. 3223; amended June 24, 1994, effective June 25, 1994, 24 Pa.B. 3128; amended April 16, 2010, effective April 17, 2010, 40 Pa.B. 2017. Immediately preceding text appears at serial pages (251033) to (251034).

Cross References

   This section cited in 67 Pa. Code §  229.14 (relating to adoption of portions of 49 CFR by reference).
§ 229.4—229.6. [Reserved].

Source

   The provisions of these § §  229.4—229.6 adopted August 29, 1986, effective August 30, 1986, 16 Pa.B. 3210; amended July 19, 1991, effective July 20, 1991, 21 Pa.B. 3223; reserved April 16, 2010, effective April 17, 2010, 40 Pa.B. 2017. Immediately preceding text appears at serial page (251034).
§ § 229.7—229.12. [Reserved].

Source

   The provisions of these § §  229.7—229.12 adopted July 19, 1991, effective July 20, 1991, 21 Pa.B. 3223; reserved April 16, 2010, effective April 17, 2010, 40 Pa.B. 2017. Immediately preceding text appears at serial page (251035).
§ 229.13. [Reserved].

Source

   The provisions of this §  229.13 adopted July 19, 1991, effective July 20, 1991, 21 Pa.B. 3223; reserved April 16, 2010, effective April 17, 2010, 40 Pa.B. 2017. Immediately preceding text appears at serial page (251036).
§ 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).

Source

   The provisions of this §  229.14 adopted April 16, 2010, effective April 17, 2010, 40 Pa.B. 2017.

Cross References

   This section cited in 67 Pa. Code §  229.17 (relating to interpretations of Federal Motor Carrier Safety Regulations).
§ 229.15. Additions or modifications to 49 CFR.

A reference to special agent includes a police officer or a qualified Commonwealth employee.

Source

   The provisions of this §  229.15 adopted April 16, 2010, effective April 17, 2010, 40 Pa.B. 2017.

Cross References

   This section cited in 67 Pa. Code §  229.14 (relating to adoption of portions of 49 CFR by reference).
§ 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.

Source

   The provisions of this §  229.16 adopted April 16, 2010, effective April 17, 2010, 40 Pa.B. 2017.
§ 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[lowbar]type=G.

Source

   The provisions of this §  229.17 adopted April 16, 2010, effective April 17, 2010, 40 Pa.B. 2017.

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