and Legislative Authority
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 (Repealed.)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.
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 (Repealed.)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.
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.
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
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.
Incorporation by Reference
Compliance with Federal Regulations
Every person and commercial motor vehicle subject to
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
intra-city intracity zone -
This term does not include a driver or vehicle used wholly in intrastate commerce.
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,
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
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
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
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."
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.
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
Virginia State Police Driver/Vehicle Inspection Report, SP‑233