Final Text
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.) (9VAC20-110), 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.