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PA State Police Commercial Vehicle Services Section Kevin N. Stewart Program Administrator
PA Public Utility Commission Motor Carrier Services & Enforcement Division Gerard L. Clark Safety Coordinator
Motor Carrier Services & Enforcement Division n This Division is responsible for all aspects of Motor Carrier Transportation Regulation The Safety Office oversees inspections and audits of Trucks, Buses, Taxis, Limousines, and their respective operations by 43 officers & supervisors in 5 Districts. The Compliance Office prepares enforcement actions and ensures all motor carriers maintain appropriate insurance
PUC Authority Types n The PUC issues certificates of public convenience to the following types of carriers: ¨ Passenger- To transport passengers for compensation in intrastate commerce. ¨ Property-To Transport property for compensation in intrastate commerce. ¨ Property (Household Goods)-To transport household goods in use for compensation in intrastate commerce. ¨ The PUC regulates approximately 7, 500 carriers in Pennsylvania
Property Carriers n n Property carriers may transport property, except household goods in use, within points in Pennsylvania over unrestricted routes, for any rate of compensation. (Preemption 1994 -Aviation Authority Act) Application requires $100. 00 fee, an annual assessment, or participation in the UCR program & minimum level of insurance. Transportation of Household Goods in Use require a separate certificate of Public Convenience. Applicants are also required to submit to a Safety Fitness Review
Safety Fitness Review n n The Safety Review is an evaluation of a carrier’s safety management controls. The Commission’s requirements with some exceptions, incorporate the FMCSR’s. It also serves as an educational opportunity for carriers & ensure future compliance. Carrier is given a Satisfactory or Unsatisfactory rating.
Safety Fitness Review n n An unsatisfactory rating requires that a carrier submit to a second review, which must result in a satisfactory rating to retain a certificate of operating authority. If a carrier is cancelled for failure to attain a satisfactory rating within 180 days, the carrier may apply for a new application and submit a safety plan for review. Upon approval, a third SFR may be authorized.
Safety Fitness Review n A safety Fitness Review covers the following categories: ¨ Drug & Alcohol Testing Recordsn Test results, semi annual lab summaries, agreements with collection sites, labs, MRO’s and consortia, educational materials, testing policies, and annual summary alcohol/drug testing ¨ Driver Qualificationsn Driver application for employment, medical certification, road test, check of previous employment and driving history.
Safety Fitness Review ¨ Vehicle Maintenance Recordsn Vehicle list, make, model, VIN, tire size, inspection, repair and maintenance dates, and when due for inspection and maintenance. ¨ Hours of Service Recordsn Either a Record of Duty Status (LOG BOOK) or Time Records for drivers operating under exceptions. ¨ A current copy of the Federal Motor Carrier Safety Regulations or electronic access. ¨ Policies for controlling speed and the transportation of passengers.
Safety Audit n n Safety Audit is an examination of a PUC Carriers’ operations to evaluate the safety performance and regulatory compliance. Safety Audit triggers may include the following: ¨ Recordable accidents ¨ Elevated Vehicle/Driver OOS rate ¨ Validated complaint. n A Safety Audit is punitive in nature, but also requires compliance verification
FMCSA Interstate Transportation n Carriers that operate in “interstate commerce” must obtain a US DOT# www. fmcsa. dot. gov “For Hire” carriers that transport non-exempt commodities must also register for “operating authority” 49 U. S. C. 13902 Selected PSP & PUC Officers participate in the conduct of New Entrant Safety Audits on behalf of FMCSA.
Exemptions n The following operations are exempt from the requirement for PUC authority: ¨ anti-skid in dump trucks ¨ ashes in dump trucks ¨ buy and sell operations (distributor) ¨ excavated materials in dump trucks n purpose of excavation is create a hole or cavity and soil has no value. ¨ Farm owner and operator n agricultural products from a farm or farm supplies to a farm.
Exemptions ¨ Free transportation n No compensation of any type. ¨ Incidental to primary non-transportation business ¨ Interstate transportation ¨ Logs from a wood lot n an area devoted to the area of growing trees ¨ Wrecked or disabled motor vehicles n n in condition they must be towed, or one subsequent location does not include salvaged vehicles to and from auctions
Exemptions ¨ Private Transportation n property by the owner to himself or to purchasers directly from him, in vehicles owned and operated by the owner of the property. ¨ Road construction materials n n Must be to construction site, repair site of road (public or private), or stockpile. Does not include materials used for parking lots. ¨ Rubbish in dump trucks n Does not include recycled materials ¨ Waste - no value.
Roadside Safety Inspections n Enforcement Officer Authority ¨ Public Utilities 66 CS, section 307 and 506 establish authority for PUC Enforcement Officers to stop vehicles, without probable cause for purposes of inspecting bills of lading and cargo. It also establishes that PUC carriers are subject to inspection of equipment and facilities at any time. ¨ Motor Vehicle Code Title 75, section 4704, establish authority for systematic inspection or as a result of probable cause, under the MCSAP program.
Who Do the Safety Regulations Apply to? n "Motor carrier vehicle. " n (1) A truck, truck tractor or combination having a gross vehicle weight rating, gross combination weight rating, registered gross weight, registered combination weight or actual gross weight of 17, 001 pounds or more. n (2) A truck, truck tractor or combination engaged in interstate commerce, or certificated with the PUC, and having a gross vehicle weight rating, gross combination weight rating, registered gross weight, registered combination weight or actual gross weight of 10, 001 pounds or more.
Roadside Safety Inspections n Levels of Inspection: ¨ Level I - Includes a complete inspection, vehicle and driver, including an examination of the undercarriage of vehicle and brake system. ¨ Level II - Includes an inspection of the vehicle and driver, excluding the undercarriage and brake system. ¨ Level III - Includes an inspection limited to the requirements of a driver. ¨ Level IV - A special Inspection Project ¨ Level V - A terminal Inspection excluding driver
Roadside Safety Inspection n Inspection Procedure ¨ Inspections are performed in accordance with the North American Standard Inspection Procedure. May be reviewed at www. cvsa. org. n Out of Service Vehicle ¨ Vehicles/Drivers shall be placed out of service in accordance with the North American Standard CVSA Out of Service Criteria n Citations ¨ Issued by Officers, mainly for Out of Service, registration violations, or multiple other violations.
Roadside Safety Inspection n CVSA Decals ¨ Decals are affixed to vehicles that complete a Level I or V inspection, and no defects were discovered of critical inspection items. ¨ Decals are used to identify vehicles that have been recently inspected. Current valid stickers would generally exempt a vehicle from reinspection. ¨ An obvious out of Service defect of a critical inspection item would result in re-inspection of the vehicle.
Technology n Inspectors are employing the use of laptop computers for inspection purposes. ¨ Carrier profiles are available before an inspection with on-line Inspection Selection System. ¨ Inspection reports are electronically submitted to FMCSA Safetynet system. ¨ Real-time information of carrier’s profiles and drivers is obtained from SAFER.
How to Obtain Authority n Applications for authority are available on-line at www. puc. state. pa. us
Posted Roads and Permits
Title 75, Chapter 49 § 4902~Restrictions on use of highways and bridges n (a) Restrictions based on condition of highway or bridge. -The Commonwealth and local authorities with respect to highways and bridges under their jurisdictions may prohibit the operation of vehicles and may impose restrictions as to the weight or size of vehicles operated upon a highway or bridge only when they determine by conducting an engineering and traffic study as provided for in department regulations that the highway or bridge may be damaged or destroyed unless use by vehicles is prohibited or the permissible size or weight of vehicles is reduced. School buses, emergency vehicles and vehicles making local deliveries or pickups may be exempted from restrictions on the use of highways imposed under this subsection.
Title 75, Chapter 49 § 4902~Restrictions on use of highways and bridges n (c) Permits and security. -The Commonwealth and local authorities may issue permits for movement of vehicles of size and weight in excess of restrictions promulgated under subsections (a) and (b) with respect to highways and bridges under their jurisdiction and may require such undertaking or security as they deem necessary to cover the cost of repairs and restoration necessitated by the permitted movement of vehicles. In reference to subsection (a), the Commonwealth and local authorities shall not refuse to issue a permit with respect to a highway under their jurisdiction if there is no reasonable alternate route available. For purposes of this section, “reasonable alternate route” shall mean a route meeting the criteria set forth in department regulations relating to traffic and engineering studies.
TITLE 67 CHAPTER 189 HAULING IN EXCESS OF POSTED WEIGHT LIMIT § 189. 2. Definitions. Local traffic—The following shall be regarded as local traffic for the purposes of § 189. 3 (relating to local traffic): (1) Emergency vehicles. (2) School buses. (3) Vehicles and combinations of governmental agencies and utilities or their contractors engaged in construction or maintenance on a posted highway or in a location which can be reached only via a posted highway. (4) Vehicles and combinations going to or coming from a residence, commercial establishment, or farm located on a posted highway or which can be reached only via a posted highway.
§ 189. 3 Local traffic. (a) General rule. Over-posted-weight local traffic may exceed posted weight limits unless the posting authority determines that an over-postedweight vehicle or vehicles being driven to or from a particular destination or destinations are likely to damage the highway.
§ 189. 3 Local traffic. (b) Vehicles determined likely to damage highway. If the posting authority determines that one or more over-posted-weight vehicles are likely to damage the highway, the posting authority will so notify the registrants of the over-posted-weight vehicles or owners of the destination or destinations, or both, and will also notify State and local police. After 2 business days following delivery of the notice, or after 5 days following mailing of the notice, such over-postedweight vehicles shall not exceed the posted weight limits except in accordance with the provisions of § 189. 4 (relating to use under permit).
§ 189. 3 Local traffic. (c) Proof of local traffic status. The following types of documents will constitute evidence that a vehicle is local traffic: (1) A bill of lading, shipping order or similar document which shows a destination on the posted highway. (2) Certification by the permittee or an official of a permittee company on the company letterhead describing the local traffic nature of the activity which the vehicle is engaged in.
§ 189. 4 Use under permit. (a) General rule. No over-posted-weight vehicle, except local traffic authorized under § 189. 3(a) (relating to local traffic), shall be driven on a posted highway with a gross weight in excess of the posted weight limit unless the posting authority has issued a permit for the vehicle or vehicles in accordance with this section.
§ 189. 4 Use under permit. (b) Types of permits shall include the following: (1) A Type 1 permit authorizes use of a particular posted highway or portion thereof by an over-posted-weight vehicle. It is valid only when carried in the over-posted-weight vehicle.
(2) A Type 2 permit authorizes use of a particular posted highway or portion thereof by any number of over-postedweight vehicles being driven to or from a common destination. (i) Documents of the type set forth in § 189. 3(c) (relating to local traffic) will constitute evidence of the destination of a vehicle. (ii) A Type 2 permit will be issued only upon request of the permittee and if the posting authority determines that it is not feasible to issue a Type 1 permit for each vehicle, for example, most over-posted-weight vehicles hauling to and from the place of business of the permittee belong to or are hauling under contract with customers or suppliers of the permittee.
(3) A Type 3 permit authorizes use of a number of specified posted highways or portions thereof by an over-posted-weight vehicle. (i) A Type 3 permit is valid only when carried in the over-posted-weight vehicle. (ii) A Type 3 permit is issued only if the posting authority determines that damage to the posted highway covered by the permit will be minimal because of the limited number of moves by overposted-weight vehicles and short term use of the highways anticipated by the permittee.
(d) Security. Except as provided in paragraph (4), the permittee shall be required to provide security in favor of the posting authority to assure compliance with the maintenance-reconstruction agreement. (1) Amount of security shall be as follows:
(i) Type 1 and Type 2 permits shall include: (A) $6, 000 per linear mile for unpaved highways to be maintained at a level consistent with the type of highway. (B) $12, 500 per linear mile for paved highways to be maintained at a level consistent with the type of highway. (C) $50, 000 per linear mile for any highway which the posting authority allows to be maintained below a level consistent with the type of highway. (ii) Type 3 permits. $10, 000 for each county or municipality covered by the permit.
Penalties for Violating 4902 n n (g) Penalty. -- (1) Any person operating a vehicle or combination upon a highway or bridge in violation of a prohibition or restriction imposed under subsection (a) is guilty of a summary offense and shall, upon conviction, be sentenced to pay a fine of $75, except that any person convicted of operating a vehicle with a gross weight in excess of a posted weight shall, upon conviction, be sentenced to pay a fine of $150 plus $150 for each 500 pounds, or part thereof, in excess of 3, 000 pounds over the maximum allowable weight.
What Does that Mean? n 70, 000 lb. Truck 10 Ton Posted Road
Penalty n 70, 000 – 20, 000 (10 tons) = 50, 000 n 50, 000 – 3, 000 ($150. 00) = 47, 000 n 47, 000 ÷ 500 = 94 n 94 x $150 = $14, 150. 00 n $14, 150. 00 + $150. 00 = $14, 300. 00