PA State Police Commercial Vehicle Services Section

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PA State PoliceCommercial Vehicle Services
Section

• Kevin N. Stewart
• Program Administrator

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PA Public Utility CommissionMotor Carrier
Services Enforcement Division

• Gerard L. Clark
• Safety Coordinator

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Motor Carrier Services Enforcement Division

• 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

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PUC Authority Types

• 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

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Property Carriers

• 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

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Safety Fitness Review

• The Safety Review is an evaluation of a carriers
  safety management controls.
• The Commissions requirements with some
  exceptions, incorporate the FMCSRs .
• It also serves as an educational opportunity for
  carriers ensure future compliance.
• Carrier is given a Satisfactory or Unsatisfactory
  rating.

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Safety Fitness Review

• 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.

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Safety Fitness Review

• A safety Fitness Review covers the following
  categories
• Drug Alcohol Testing Records-
• Test results, semi annual lab summaries,
  agreements with collection sites, labs, MROs and
  consortia, educational materials, testing
  policies, and annual summary alcohol/drug testing
• Driver Qualifications-
• Driver application for employment, medical
  certification, road test, check of previous
  employment and driving history.

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Safety Fitness Review

• Vehicle Maintenance Records-
• Vehicle list, make, model, VIN, tire size,
  inspection, repair and maintenance dates, and
  when due for inspection and maintenance.
• Hours of Service Records-
• 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.

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Safety Audit

• 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.
• A Safety Audit is punitive in nature, but also
  requires compliance verification

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FMCSA Interstate Transportation

• 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.

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Exemptions

• 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
• purpose of excavation is create a hole or cavity
  and soil has no value.
• Farm owner and operator
• agricultural products from a farm or farm
  supplies to a farm.

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Exemptions

• Free transportation
• No compensation of any type.
• Incidental to primary non-transportation business
• Interstate transportation
• Logs from a wood lot
• an area devoted to the area of growing trees
• Wrecked or disabled motor vehicles
• in condition they must be towed, or one
  subsequent location
• does not include salvaged vehicles to and from
  auctions

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Exemptions

• Private Transportation
• 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
• 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
• Does not include recycled materials
• Waste - no value.

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Roadside Safety Inspections

• 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.

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Who Do the Safety Regulations Apply to?

• "Motor carrier vehicle."
• (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.
• (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.

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Roadside Safety Inspections

• 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

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Roadside Safety Inspection

• Inspection Procedure
• Inspections are performed in accordance with the
  North American Standard Inspection Procedure. May
  be reviewed at www.cvsa.org.
• Out of Service Vehicle
• Vehicles/Drivers shall be placed out of service
  in accordance with the North American Standard
  CVSA Out of Service Criteria
• Citations
• Issued by Officers, mainly for Out of Service,
  registration violations, or multiple other
  violations.

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Roadside Safety Inspection

• 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.

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Technology

• 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 carriers profiles and
  drivers is obtained from SAFER.

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How to Obtain Authority

• Applications for authority are available on-line
  at www.puc.state.pa.us

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Posted Roads and Permits
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Title 75, Chapter 49 4902Restrictions on use
of highways and bridges

• (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.

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Title 75, Chapter 49 4902Restrictions on use
of highways and bridges

• (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.

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TITLE 67 CHAPTER 189 HAULING IN EXCESS OF
POSTED WEIGHT LIMIT

•  189.2. Definitions.
• Local trafficThe 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.

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 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-posted-weight vehicle or vehicles being
  driven to or from a particular destination or
  destinations are likely to damage the highway.

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 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-posted-weight
  vehicles shall not exceed the posted weight
  limits except in accordance with the provisions
  of   189.4 (relating to use under permit).

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 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.

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 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.

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 189.4 Use under permit.

• (b)  Types of permits. 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.

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  (2)  A Type 2 permit authorizes use of a
particular posted highway or portion thereof by
any number of over-posted-weight 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.
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 (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 over-posted-weight
vehicles and short term use of the highways
anticipated by the permittee.
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(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-reconstruct
ion agreement.

• (1)  Amount of security. Amount of security shall
  be as follows
•     
•  

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(i)   Type 1 and Type 2 permits. 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.
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Penalties for Violating 4902

• (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.

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What Does that Mean?

• 70,000 lb. Truck 10 Ton Posted Road

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Penalty

• 70,000 20,000 (10 tons) 50,000
• 50,000 3,000 (150.00) 47,000
• 47,000 500 94
• 94 x 150 14,150.00
• 14,150.00 150.00 14,300.00

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Questions?