Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part I - Department of Labor and Industry › Chapter 31 - MIGRANT LABOR › Subchapter B - TRANSPORTATION OF WORKERS › OPERATION OF MOTOR CARRIERS AND VEHICLES › Section 31.28 - Necessary parts for safe operation

Current through Register Vol. 54, No. 28, July 13, 2024
Each motor carrier, and its officers, agents, drivers,
						representatives and employes directly concerned with the installation and
						maintenance of equipment and accessories shall comply and be conversant with
						the requirements and specifications of this section, and no motor carrier shall
						operate any motor vehicle, or cause or permit it to be operated, unless it is
						equipped in accordance with such requirements and specifications, including the
						following:
(1)
Lighting
					 devices.
Each motor vehicle shall be equipped with the lighting
					 devices and reflectors as required by this subchapter.
(2)
Brakes.
Each motor
					 vehicle shall be equipped with brakes as required and shall satisfy the braking
					 performance requirements as specified in this subchapter.
(3)
Coupling devices-Fifth wheel
					 mounting and locking.
The lower half of each fifth wheel mounted on
					 any truck-tractor or dolly shall be securely affixed to the frame of such
					 truck-tractor or dolly by U-bolts of adequate size, securely tightened or by
					 other means of at least equivalent security. The U-bolts shall not be of welded
					 construction. The installation shall be such as not to cause cracking, warping,
					 or deformation of the frame. Adequate means shall be provided to prevent the
					 shifting of the lower half of a fifth wheel on the frame to which it is
					 attached. The upper half of every fifth wheel shall be fastened to the motor
					 vehicle with at least the security required for the securing of the lower half
					 to a truck-tractor or dolly. Locking means shall be provided in every fifth
					 wheel mechanism including adapters when used, so that the upper and lower
					 halves may not be separated without the operation of a positive manual release.
					 A release mechanism operated by the driver from the cab shall be deemed to meet
					 this requirement. On fifth wheels designed and constructed as to be readily
					 separable, the fifth wheel locking devices shall apply automatically on
					 coupling for any motor vehicle the date of manufacture of which is subsequent
					 to December 31, 1952.
(4)
Tires.
Each motor vehicle shall be equipped with tires of
					 adequate capacity to support its gross weight. No motor vehicle shall be
					 operated on tires which have been worn so smooth as to expose any tread fabric
					 or which have any other defect likely to cause failure. No vehicle shall be
					 operated while transporting passengers while using any tire which does not have
					 tread configurations on that part of the tire which is in contact with the road
					 surface. No vehicle transporting passengers shall be operated with regrooved,
					 recapped or retreaded tires on front wheels.
(5)
Passenger compartment.
Every motor vehicle transporting passengers, other than a bus, shall have a
					 passenger compartment meeting the following requirements:
(i)
Floors.
A substantially
					 smooth floor, without protruding obstructions more than 2 inches high, except
					 as are necessary for securing seats or other devices to the floor, and without
					 cracks or holes.
(ii)
Sides.
Sidewalls and ends above the floor at least 60 inches
					 high, by attachment of sideboards to the permanent body construction if
					 necessary. Stake body construction shall be construed to comply with this
					 requirement only if all 6-inch or larger spaces between stakes are suitably
					 closed to prevent passengers from falling off the vehicle.
(iii)
Nails, screws and splinters.
The floor and the interior of the sides and ends of the
					 passenger-carrying space shall be free of inwardly protruding nails, screws,
					 splinters or other projecting objects, likely to be injurious to passengers or
					 their apparel.
(iv)
Seats.
A seat shall be provided for each worker transported. The seats shall
					 be as follows:
(A) Securely attached to the
					 vehicle during the course of transportation.
(B) Not less than 16 inches or more than 19
					 inches above the floor.
(C) At
					 least 13 inches deep.
(D) Equipped
					 with backrests extending to a height of at least 36 inches above the floor with
					 at least 24 inches of space between the backrests or between the edges of the
					 opposite seats when face to face.
(E) Designed to provide at least 18 inches of
					 seat for each passenger.
(F)
					 Without cracks more than 1/4 inch wide, and the backrests, if slatted, without
					 cracks more than 2 inches wide, and the exposed surfaces, if made of wood,
					 planed or sanded smooth and free of splinters.
(v)
Protection from weather.
Whenever necessary to protect the passengers from inclement weather
					 conditions, the passenger compartment shall be equipped with a top at least 80
					 inches high above the floor and facilities for closing the sides and ends of
					 the passenger-carrying compartment. Tarpaulins or other such removable devices
					 for protection from the weather shall be secured in place.
(vi)
Exit.
Adequate means of
					 ingress and egress to and from the passenger space shall be provided on the
					 rear or at the right side. The means of ingress and egress shall be at least 18
					 inches wide. The top and the clear opening shall be at least 60 inches high, or
					 as high as the side wall of the passenger space if less than 60 inches. The
					 bottom shall be at the floor of the passenger space.
(vii)
Gates and doors.
Gates
					 or doors shall be provided to close the means of ingress and egress and each
					 gate or door shall be equipped with at least one latch or other fastening
					 device of the construction as to keep the gate or door securely closed during
					 the course of transportation. Such gates and doors shall be readily operative
					 without the use of tools.
(viii)
Ladders or steps.
Ladders or steps for the purpose of ingress
					 or egress shall be used when necessary. The maximum vertical spacing of
					 footholds shall not exceed 12 inches, except that the lowest step may be not
					 more than 18 inches above the ground when the vehicle is empty.
(ix)
Handholds.
Handholds or
					 devices for similar purpose shall be provided to permit ingress and egress
					 without hazard to passengers.
(x)
Emergency exit.
Vehicles with permanently affixed roofs shall
					 be equipped with at least one emergency exit having a gate or door latch and
					 handhold as prescribed in this section and located on a side or rear not
					 equipped with the exit as set out in this section.
(xi)
Communication with the driver.
Means shall be provided to enable the passengers to communicate with
					 the driver. The means may include telephone, speaker tubes, buzzers, pull cords
					 or other mechanical or electrical means.