Section 40. Application of regulations

A. These regulations and those contained in 49 CFR Parts 366, 370 through 376, 379, 380 Subpart E, 382, 385, 386 Subpart G, 387, 390 through 397, and 399 unless excepted, shall be applicable to all employers, employees, and commercial motor vehicles that transport property or passengers in interstate and intrastate commerce.

B. These regulations shall not apply to hours worked by any carrier when transporting passengers or property to or from any portion of the Commonwealth for the purpose of (i) providing relief or assistance in case of earthquake, flood, fire, famine, drought, epidemic, pestilence, major loss of utility services or other calamity or disaster or (ii) engaging in the provision or restoration of utility services when the loss of such service is unexpected, unplanned or unscheduled. The suspension of the regulation provided for in § 52-8.4 A of the Code of Virginia shall expire if the Secretary of the United States Department of Transportation determines that it is in conflict with the intent of Federal Motor Carrier Safety Regulations.

Historical Notes

Derived from VR545-01-1 § 2.3, eff. July 9, 1986; amended, Volume 06, Issue 10, eff. April 1, 1990; (amended § 395.8) Volume 08, Issue 10, eff. March 11, 1992; Volume 09, Issue 10, eff. March 10, 1993; Volume 10, Issue 10, eff. March 9, 1994; Volume 11, Issue 11, eff. March 22, 1995; Volume 12, Issue 11, eff. March 20, 1996; Volume 22, Issue 10, eff. March 1, 2006; Volume 25, Issue 11, eff. March 4, 2009; Volume 26, Issue 16, eff. May 12, 2010.

Statutory Authority

§ 52-8.4 of the Code of Virginia; 49 CFR Part 390.