19VAC30-20 Motor Carrier Safety Regulations

REGULATIONS

Vol. 26 Iss. 16 - April 12, 2010

TITLE 19. PUBLIC SAFETY

DEPARTMENT OF STATE POLICE

Chapter 20

Final Regulation

REGISTRAR'S NOTICE: The following regulatory action is exempt from the Administrative Process Act in accordance with § 2.2-4006 A 4 c of the Code of Virginia, which excludes regulations that are necessary to meet the requirements of federal law or regulations, provided such regulations do not differ materially from those required by federal law or regulation. The Department of State Police will receive, consider, and respond to petitions by any interested person at any time with respect to reconsideration or revision.

Title of Regulation: 19VAC30-20. Motor Carrier Safety Regulations (amending 19VAC30-20-40, 19VAC30-20-80, 19VAC30-20-115, 19VAC30-20-150).

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

Effective Date: May 12, 2010.

Agency Contact: Lieutenant Colonel Robert Kemmler, Regulatory Coordinator, Department of State Police, Bureau of Administrative and Support Services, P.O. Box 27472, Richmond, VA 23261-7472, telephone (804) 674-4606, FAX [phone], or email [e-mail].

Summary:

The amendments bring the Virginia Motor Carrier Regulations into compliance with the governing federal regulations, 49 CFR Part 390.

19VAC30-20-40. 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, and 390 through 397, and 399 unless excepted, shall be applicable to all employers, employees, and commercial motor vehicles, which 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.

Part III
Incorporation by Reference

Article 1
Compliance with Federal Regulations

19VAC30-20-80. Compliance.

Every person and commercial motor vehicle subject to the Motor Carrier Safety Regulations operating in interstate or intrastate commerce within or through the Commonwealth of Virginia shall comply with the Federal Motor Carrier Safety Regulations promulgated by the United States Department of Transportation, Federal Motor Carrier Safety Administration, with amendments promulgated and in effect as of January 2, 2009 1, 2010, pursuant to the United States Motor Carrier Safety Act found in 49 CFR Parts 366, 370 through 376, 379, 380 Subpart E, 382, 385, 386 Subpart G, 387, and 390 through 397, and 399, which are incorporated in these regulations by reference, with certain exceptions, as set forth below.

19VAC30-20-115. Marking of commercial motor vehicles - § 390.21.

This section does not apply to private motor carriers operated wholly in intrastate commerce, except for private motor carriers subject to a hazardous materials safety permit pursuant to 49 CFR Part 385 Subpart E.

19VAC30-20-150. Waiver of certain physical defects - § 391.49.

A person who is not physically qualified to drive under 49 CFR 391.41(b)(1), (b)(2), (b)(3) or (b)(10), and is not subject to Article 7 (§ 10.1-1450 et seq.) of Chapter 14 of Title 10.1 of the Code of Virginia, and Regulations Governing the Transportation of Hazardous Materials (9VAC20-110-10 et seq.), and who is otherwise qualified to drive a commercial motor vehicle, may drive a commercial motor vehicle in intrastate commerce if granted a waiver by the commissioner. Intrastate drivers with a valid (L)(9) endorsement on their commercial driver's license will be deemed to be in compliance with this section and 49 CFR 391.49, even when the waiver is not in their possession.

VA.R. Doc. No. R10-2338; Filed March 25, 2010, 10:23 a.m.