TITLE 19. PUBLIC SAFETY
REGISTRAR'S NOTICE: The Department of State Police is claiming an exemption from the Administrative Process Act in accordance with §§ 2.2-4006 A 3 of the Code of Virginia, which excludes regulations that consist only of changes in style or form or corrections of technical errors. 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 19VAC30-20-80, 19VAC30-20-210, 19VAC30-20-230).
Statutory Authority: § 52-8.4 of the Code of Virginia; 49 CFR Part 390.
Effective Date: July 1, 2012.
Agency Contact: Lt. 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 (804) 674-2234, or email robert.kemmler@vsp.virginia.gov.
Summary:
The regulatory action makes technical amendments and brings the Virginia Motor Carrier Regulations into compliance with § 52-8.4 of the Code of Virginia.
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 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, 390 through 397, and 399, which are incorporated in these regulations by reference, with certain exceptions, as set forth below.
19VAC30-20-210. Drivers declared out of service - § 395.13 (a).
Law-enforcement officers of the Department of State Police specifically designated by the superintendent are 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 § 395.13 (b).
Article 8
Part 396 - Inspection, Repair, and Maintenance
19VAC30-20-230. Inspection of motor vehicles in operation - § 396.9 (a).
Law-enforcement officers of the Department of State Police specifically designated by the superintendent are authorized to enter upon and perform inspections of motor carrier vehicles in operation.
VA.R. Doc. No. R12-3193; Filed May 15, 2012, 2:05 p.m.