Title of Regulation: 19VAC30-20. Motor Carrier Safety Regulations (amending 19VAC30-20-40, 19VAC30-20-70, 19VAC30-20-80, 19VAC30-20-130, 19VAC30-20-150, 19VAC30-20-220 through 19VAC30-20-250, 19VAC30-20-300; repealing 19VAC30-20-20, 19VAC30-20-30).

Statutory Authority: § 52-8.4 of the Code of Virginia.

Effective Date: July 1, 2020.

Agency Contact: Lieutenant Sean Stewart, Assistant Safety Officer, Motor Carrier Safety Unit, Department of State Police, P.O. Box 27472, Richmond, VA 23261, telephone (804) 278-5303, or email sean.stewart@vsp.virginia.gov.

Summary:

The amendments align Virginia's Motor Carrier Safety Regulations, 19VAC30-20, with the Federal Motor Carrier Safety Regulations and include (i) clarifying an incorporation by reference and a valid (V) restriction on a commercial driving license, (ii) conforming acceptable notice delivery methods (electronic) to those accepted in federal regulation and in statute, (iii) adding intermodal equipment to vehicle requirements, and (iv) making minor changes to correct spelling and grammatical errors.

Part II
General Information and Legislative Authority

19VAC30-20-20. Authority for regulation. (Repealed.)

A. These regulations are issued under authority of § 52-8.4 of the Code of Virginia, Powers and duties to promulgate regulations; inspection of certain records.

B. Section 52-8.4 of the Code of Virginia mandates that the Superintendent of State Police, with the cooperation of such other agencies of the Commonwealth as may be necessary, shall promulgate regulations pertaining to commercial motor vehicle safety pursuant to the United States Motor Carrier Act of 1984.

C. These regulations, as promulgated, shall be no more restrictive than the applicable provisions of the Federal Motor Carrier Safety Regulations of the United States Department of Transportation.

19VAC30-20-30. Purpose of regulations. (Repealed.)

These regulations shall set forth criteria relating to driver, vehicle, and cargo safety inspections with which motor carriers and transport vehicles shall comply.

19VAC30-20-40. Application of regulations.

A. These regulations This chapter and those the regulations contained in 49 CFR Parts 366, 370 through 376, 379, 380 Subpart Subparts E and F, 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 This chapter 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 this chapter provided for in § 52-8.4 A of the Code of Virginia shall expire if the Secretary of the United States U.S. Department of Transportation determines that it is in conflict with the intent of Federal Motor Carrier Safety Regulations.

19VAC30-20-70. Penalties.

Except for those offenses listed in § 52-8.4:2 of the Code of Virginia, any violation of the provisions of the regulations this chapter adopted pursuant to § 52-8.4 of the Code of Virginia shall constitute a traffic infraction punishable by a fine of not more than $1,000 for the first offense or by a fine of not more than $5,000 for a subsequent offense. Each day of violation shall constitute a separate offense; however, any violation of any out-of-service order issued under authority of such regulations this chapter or under authority of the federal Federal Motor Carrier Safety Regulations shall be punished as provided in § 46.2-341.21 of the Code of Virginia and the disqualification provisions of § 46.2-341.21 of the Code of Virginia also shall apply to any driver as convicted. Notwithstanding subsection C of § 52-8.4 of the Code of Virginia, any violation of certain provisions of the regulations this chapter adopted pursuant to § 52-8.4, and listed in § 52-8.4:2, shall constitute traffic infractions as defined in § 46.2-100 of the Code of Virginia and shall be eligible for designation as traffic infractions for which a pretrial waiver of appearance, plea of guilty, and fine payment may be accepted pursuant to § 16.1-69.40:1 of the Code of Virginia.

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 this chapter 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 U.S. Department of Transportation, Federal Motor Carrier Safety Administration, with amendments promulgated and in effect as of July 1, 2019 January 1, 2020, pursuant to the United States Motor Carrier Safety Act found in 49 CFR Parts 366, 370 through 376, 379, 380 Subpart Subparts E and F, 382, 385, 386 Subpart G, 387, 390 through 397, and 399, which are incorporated in these regulations this chapter by reference, with certain exceptions.

19VAC30-20-130. Investigations and inquiries - § 391.23.

Except as provided in subpart Subpart G of this part 49 CFR 391, each intrastate motor carrier shall make investigations and inquiries required by paragraphs (a)(1) and (a)(2) of this section 49 CFR § 391.23 with respect to each driver it employs, other than a person who has been a regularly employed driver of the intrastate motor carrier for a continuous period which began before July 9, 1986.

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), and 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 (V) restriction 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.

19VAC30-20-220. Responsibilities of motor carriers - § 395.13(c)(2).

A motor carrier shall complete the "Motor Carrier's Report of Compliance with this Notice Certification of Action Taken" portion of the Driver Vehicle Inspection Driver/Vehicle Examination Report and deliver the copy of the form either personally or by mail, email, or facsimile to the Department of State Police, Motor Carrier Safety, at the address specified upon the form within 15 days following the date of the examination. If the motor carrier mails the form, delivery is made on the date it is postmarked.

Article 8
Part 396 - Inspection, Repair, and Maintenance

19VAC30-20-230. Inspection of motor vehicles and intermodal equipment in operation - § 396.9(a).

Law-enforcement officers specifically designated by the superintendent are authorized to enter upon and perform inspections of motor carrier vehicles and intermodal equipment in operation.

19VAC30-20-240. Motor vehicles and intermodal equipment declared "out of service" - § 396.9(c).

Authorized personnel defined in 19VAC30-20-230 shall declare and mark "out of service" any motor vehicle which or intermodal equipment that by reason of its mechanical condition or loading would likely cause an accident or a breakdown. An "Out of Service Vehicle" sticker shall be used to mark vehicles and intermodal equipment "out of service."

19VAC30-20-250. Motor carrier's carrier or intermodal equipment provider's disposition - § 396.9(d)(3)(ii).

Motor carriers and intermodal equipment providers shall return the completed Driver Vehicle Inspection Driver/Vehicle Examination Report to the Department of State Police at the address indicated on the report.

Article 13
Part 382 - Controlled Substances and Alcohol Use and Testing

19VAC30-20-300. Retention of records - § 382.401(d).

Location of records. All records required by this part shall be maintained as required by 49 CFR 390.31 390.29 and shall be made available for inspection at the employer's principal place of business within two business days after a request has been made by an authorized specially trained member of the Department of State Police designated for that purpose by the superintendent.

 

FORMS (19VAC30-20)

Virginia State Police Driver/Vehicle Inspection Report, SP-233 (rev. 7/2004)

Virginia State Police Driver/Vehicle Inspection Report, SP-233 (rev. 1/2016)

Virginia State Police Driver/Vehicle Inspection Report Continuation Sheet SP233-A (rev. 7/2004)