reglab/statecodes huggingface dataset:
Virginia Administrative Code › Title 19 - PUBLIC SAFETY › Agency 30 - DEPARTMENT OF STATE POLICE › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part II - Notification of Interested Persons › Section 19VAC30-11-40 - Information to be sent to persons on the notification list

Current through Register Vol. 40, No. 24, July 15, 2024
A. To persons electing to receive electronic
				  notification or notification through a postal carrier as described in
				  19VAC30-11-30, the agency shall
				  send the following information:
1. A notice of
				  intended regulatory action (NOIRA).
2. A notice of the comment period on a
				  proposed, a reproposed, or a fast-track regulation and hyperlinks to, or
				  instructions on how to obtain, a copy of the regulation and any supporting
				  documents.
3. A notice soliciting
				  comment on a final regulation when the regulatory process has been extended
				  pursuant to § 2.2-4007.06 or 2.2-4013C of the Code of Virginia.
Virginia Administrative Code › Title 19 - PUBLIC SAFETY › Agency 30 - DEPARTMENT OF STATE POLICE › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part III - Public Participation Procedures › Section 19VAC30-11-50 - Public comment

Current through Register Vol. 40, No. 24, July 15, 2024
A. In
				  considering any nonemergency, nonexempt regulatory action, the agency shall
				  afford interested persons an opportunity to submit data, views, and arguments,
				  either orally or in writing, to the agency. Such opportunity to comment shall
				  include an online public comment forum on the Town Hall.
1. To any requesting person, the agency shall
				  provide copies of the statement of basis, purpose, substance, and issues; the
				  economic impact analysis of the proposed or fast-track regulatory action; and
				  the agency's response to public comments received.
2. The agency may begin crafting a regulatory
				  action prior to or during any opportunities it provides to the public to submit
				  comments.
Virginia Administrative Code › Title 19 - PUBLIC SAFETY › Agency 30 - DEPARTMENT OF STATE POLICE › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part III - Public Participation Procedures › Section 19VAC30-11-60 - Petition for rulemaking

Current through Register Vol. 40, No. 24, July 15, 2024
A. As
				  provided in § 2.2-4007 of the Code of Virginia, any person may petition
				  the agency to consider a regulatory action.
B. A petition shall include but is not
				  limited to the following information:
1. The
				  petitioner's name and contact information;
2. The substance and purpose of the
				  rulemaking that is requested, including reference to any applicable Virginia
				  Administrative Code sections; and
3. Reference to the legal authority of the
				  agency to take the action requested.
Virginia Administrative Code › Title 19 - PUBLIC SAFETY › Agency 30 - DEPARTMENT OF STATE POLICE › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part III - Public Participation Procedures › Section 19VAC30-11-70 - Appointment of regulatory advisory panel

Current through Register Vol. 40, No. 24, July 15, 2024
A. The agency may appoint a regulatory
				  advisory panel (RAP) to provide professional specialization or technical
				  assistance when the agency determines that such expertise is necessary to
				  address a specific regulatory issue or action or when individuals indicate an
				  interest in working with the agency on a specific regulatory issue or
				  action.
B. Any person may request
				  the appointment of a RAP and request to participate in its activities. The
				  agency shall determine when a RAP shall be appointed and the composition of the
				  RAP.
C. A RAP may be dissolved by
				  the agency if:
1. The proposed text of the
				  regulation is posted on the Town Hall, published in the Virginia Register, or
				  such other time as the agency determines is appropriate; or
2. The agency determines that the regulatory
				  action is either exempt or excluded from the requirements of the Administrative
				  Process Act.
Virginia Administrative Code › Title 19 - PUBLIC SAFETY › Agency 30 - DEPARTMENT OF STATE POLICE › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part III - Public Participation Procedures › Section 19VAC30-11-80 - Appointment of negotiated rulemaking panel

Current through Register Vol. 40, No. 24, July 15, 2024
A. The agency may appoint a negotiated
				  rulemaking panel (NRP) if a regulatory action is expected to be
				  controversial.
B. An NRP that has
				  been appointed by the agency may be dissolved by the agency when:
1. There is no longer controversy associated
				  with the development of the regulation;
2. The agency determines that the regulatory
				  action is either exempt or excluded from the requirements of the Administrative
				  Process Act; or
3. The agency
				  determines that resolution of a controversy is unlikely.
Virginia Administrative Code › Title 19 - PUBLIC SAFETY › Agency 30 - DEPARTMENT OF STATE POLICE › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part III - Public Participation Procedures › Section 19VAC30-11-90 - Meetings

Current through Register Vol. 40, No. 24, July 15, 2024
Notice of any open meeting, including meetings of a RAP or
					 NRP, shall be posted on the Virginia Regulatory Town Hall and Commonwealth
					 Calendar at least seven working days prior to the date of the meeting. The
					 exception to this requirement is any meeting held in accordance with §
					 2.2-3707D of the Code of Virginia allowing for contemporaneous notice to be
					 provided to participants and the public.
Statutory Authority
§§ 2.2-4007.02 and 52-8.4 of the Code of
						Virginia.
Virginia Administrative Code › Title 19 - PUBLIC SAFETY › Agency 30 - DEPARTMENT OF STATE POLICE › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part III - Public Participation Procedures › Section 19VAC30-11-100 - Public hearings on regulations

Current through Register Vol. 40, No. 24, July 15, 2024
A. The agency shall indicate in its notice of
				  intended regulatory action whether it plans to hold a public hearing following
				  the publication of the proposed stage of the regulatory action.
B. The agency may conduct one or more public
				  hearings during the comment period following the publication of a proposed
				  regulatory action.
C. An agency is
				  required to hold a public hearing following the publication of the proposed
				  regulatory action when:
1. The agency's basic
				  law requires the agency to hold a public hearing;
2. The Governor directs the agency to hold a
				  public hearing; or
3. The agency
				  receives requests for a public hearing from at least 25 persons during the
				  public comment period following the publication of the notice of intended
				  regulatory action.
Virginia Administrative Code › Title 19 - PUBLIC SAFETY › Agency 30 - DEPARTMENT OF STATE POLICE › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part III - Public Participation Procedures › Section 19VAC30-11-110 - Periodic review of regulations

Current through Register Vol. 40, No. 24, July 15, 2024
A. The agency shall conduct a periodic review
				  of its regulations consistent with:
1. An
				  executive order issued by the Governor pursuant to § 2.2-4017 of the
				  Administrative Process Act to receive comment on all existing regulations as to
				  their effectiveness, efficiency, necessity, clarity, and cost of compliance;
				  and
2. The requirements in §
				  2.2-4007.1 of the Administrative Process Act regarding regulatory flexibility
				  for small businesses.
Virginia Administrative Code › Title 19 - PUBLIC SAFETY › Agency 30 - DEPARTMENT OF STATE POLICE › Chapter 20 - MOTOR CARRIER SAFETY REGULATIONS › Part I - Definitions › Section 19VAC30-20-10 - Definitions

Current through Register Vol. 40, No. 24, July 15, 2024
The following words and terms when used in this chapter
					 shall have the following meanings unless the context clearly indicates
					 otherwise.
"Commercial motor vehicle" means any self-propelled or
					 towed vehicle used on the highways in commerce to transport passengers or
					 property if such vehicle (i) has a gross vehicle weight rating or gross
					 combination weight rating or gross vehicle weight or gross combination weight,
					 whichever is greater, of more than 10,000 pounds when operated interstate or
					 more than 26,000 pounds when operated intrastate; (ii) is designed or used to
					 transport more than 15 passengers, including the driver, regardless of weight;
					 or (iii) is used to transport hazardous materials in a quantity requiring
					 placards by regulations issued under authority of Article 7 (§ 10.1-1450
					 et seq.) of Chapter 14 of Title 10.1 of the Code of Virginia, Transportation of
					 Hazardous Materials.
"Commissioner" means the Commissioner of the Department of
					 Motor Vehicles of the Commonwealth.
"Motor carrier" means a common carrier by motor vehicle, a
					 contract carrier by motor vehicle or a private carrier of property or
					 passengers by motor vehicle. This term also encompasses any agent, officer,
					 representative or employee who is responsible for hiring, supervision,
					 training, assignment or dispatching of drivers.
"Planting and harvesting season" means January 1 to
					 December 31 of each calendar year as it relates to these regulations
					 only.
"Safety inspections" means the detailed examination of a
					 vehicle for compliance with safety regulations promulgated under § 52-8.4
					 of the Code of Virginia and includes a determination of the qualifications of
					 the driver and his hours of service.
"Superintendent" means the Superintendent of the Department
					 of State Police of the Commonwealth of Virginia.
"Transport vehicle" means any vehicle owned or leased by a
					 motor carrier used in the transportation of goods or persons.
Statutory Authority
§ 52-8.4 of the Code of Virginia.
Virginia Administrative Code › Title 19 - PUBLIC SAFETY › Agency 30 - DEPARTMENT OF STATE POLICE › Chapter 20 - MOTOR CARRIER SAFETY REGULATIONS › Part II - General Information › Section 19VAC30-20-40 - Application of regulations

Current through Register Vol. 40, No. 24, July 15, 2024
A. This
				  chapter and the regulations contained in 49 CFR Parts 366, 370 through 376,
				  379, 380 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.
B. 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 this chapter provided for in §
										52-8.4A
				  of the Code of Virginia shall expire if the Secretary of the U.S. Department of
				  Transportation determines that it is in conflict with the intent of Federal
				  Motor Carrier Safety Regulations.
Statutory Authority: §
												52-8.4
						of the Code of Virginia.
Virginia Administrative Code › Title 19 - PUBLIC SAFETY › Agency 30 - DEPARTMENT OF STATE POLICE › Chapter 20 - MOTOR CARRIER SAFETY REGULATIONS › Part II - General Information › Section 19VAC30-20-50 - Enforcement

Current through Register Vol. 40, No. 24, July 15, 2024
The Department of State Police, together with all other
					 law-enforcement officers certified to perform vehicle safety inspections as
					 defined by § 46.2-1001 of the Code of Virginia who have satisfactorily
					 completed 40 hours of on-the-job training and a course of instruction as
					 prescribed by the U.S. Department of Transportation, Federal Motor Carrier
					 Safety Administration, in federal motor carrier safety regulations, safety
					 inspection procedures, and out-of-service criteria shall enforce the
					 regulations and other requirements promulgated pursuant to § 52-8.4 of the
					 Code of Virginia. Those law-enforcement officers certified to enforce the
					 regulations and other requirements promulgated pursuant to § 52-8.4 shall
					 annually receive in-service training in current federal motor carrier safety
					 regulations, safety inspection procedures, and out-of-service
					 criteria.
Statutory Authority
§ 52-8.4 of the Code of Virginia.
Virginia Administrative Code › Title 19 - PUBLIC SAFETY › Agency 30 - DEPARTMENT OF STATE POLICE › Chapter 20 - MOTOR CARRIER SAFETY REGULATIONS › Part II - General Information › Section 19VAC30-20-60 - Inspection of records

Current through Register Vol. 40, No. 24, July 15, 2024
Any records required to be maintained by motor carriers
					 pursuant to regulations promulgated by the Superintendent under the authority
					 of § 52-8.4A of the Code of Virginia, shall be open to inspection during a
					 carrier's normal business hours by specially trained members of the Department
					 of State Police designated for that purpose by the Superintendent shall also be
					 authorized, with consent of the owner, operator or agent in charge or with an
					 appropriate warrant obtained under the procedure prescribed in Chapter 24
					 (§ 19.2-393 et seq.) of Title 19.2 of the Code of Virginia, to go upon the
					 property of motor carriers to verify the accuracy and compliance of such
					 records and inspection of the vehicles to which those records
					 relate.
Statutory Authority
§ 52-8.4 of the Code of Virginia.
Virginia Administrative Code › Title 19 - PUBLIC SAFETY › Agency 30 - DEPARTMENT OF STATE POLICE › Chapter 20 - MOTOR CARRIER SAFETY REGULATIONS › Part II - General Information › Section 19VAC30-20-70 - Penalties

Current through Register Vol. 40, No. 24, July 15, 2024
Except for those offenses listed in §
										52-8.4:2
					 of the Code of Virginia, any violation of the provisions of 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 this chapter or under authority of the 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 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.
Statutory Authority: §
												52-8.4
						of the Code of Virginia.
Virginia Administrative Code › Title 19 - PUBLIC SAFETY › Agency 30 - DEPARTMENT OF STATE POLICE › Chapter 20 - MOTOR CARRIER SAFETY REGULATIONS › Part III - Incorporation by Reference › Article 1 - Compliance with Federal Regulations › Section 19VAC30-20-80 - Compliance

Current through Register Vol. 40, No. 24, July 15, 2024
Every person and commercial motor vehicle subject to 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 U.S. Department of Transportation, Federal Motor
						Carrier Safety Administration, with amendments promulgated and in effect as of
						October 1, 2023, pursuant to the United States Motor Carrier Safety Act found
						in 49 CFR Parts
						366,
						370 through
						376,
						379,
						380 Subparts E and F, 382, 385,
						386 Subpart G, 387, 390 through 397, and 399, which are incorporated in this
						chapter by reference, with certain exceptions.
Statutory Authority: § 52-8.4 of the Code of
						  Virginia; 49 CFR Part 390.
Virginia Administrative Code › Title 19 - PUBLIC SAFETY › Agency 30 - DEPARTMENT OF STATE POLICE › Chapter 20 - MOTOR CARRIER SAFETY REGULATIONS › Part III - Incorporation by Reference › Article 2 - Part 40 - Procedures for Transportation Workplace Drug Testing Programs[Repealed] › Section 19VAC30-20-90

Current through Register Vol. 40, No. 24, July 15, 2024
Virginia Administrative Code › Title 19 - PUBLIC SAFETY › Agency 30 - DEPARTMENT OF STATE POLICE › Chapter 20 - MOTOR CARRIER SAFETY REGULATIONS › Part III - Incorporation by Reference › Article 3 - Part 390 - General › Section 19VAC30-20-100 - Minimum levels of financial responsibility for motor carriers - section 390.3 (c)

Current through Register Vol. 40, No. 24, July 15, 2024
A commercial motor vehicle used wholly in intrastate
						commerce is not subject to this section unless transporting hazardous
						materials, hazardous substances or hazardous waste as set forth in 49 CFR
						387.3,(b) and (c).
Statutory Authority
§ 52-8.4 of the Code of Virginia.
Virginia Administrative Code › Title 19 - PUBLIC SAFETY › Agency 30 - DEPARTMENT OF STATE POLICE › Chapter 20 - MOTOR CARRIER SAFETY REGULATIONS › Part III - Incorporation by Reference › Article 3 - Part 390 - General › Section 19VAC30-20-110 - Exempt intra-city zone - section 390.5

Current through Register Vol. 40, No. 24, July 15, 2024
This term does not include a driver or vehicle used
						wholly in intrastate commerce.
Statutory Authority
§ 52-8.4 of the Code of Virginia.
Virginia Administrative Code › Title 19 - PUBLIC SAFETY › Agency 30 - DEPARTMENT OF STATE POLICE › Chapter 20 - MOTOR CARRIER SAFETY REGULATIONS › Part III - Incorporation by Reference › Article 4 - Part 391 - Qualifications of Drivers › Section 19VAC30-20-120 - Minimum age - section 391.11

Current through Register Vol. 40, No. 24, July 15, 2024
A driver may be 18 years old if operating wholly in
						intrastate commerce and is not subject to Article 7 (§ 10.1-1450 et seq.)
						of Chapter 14 of Title 10.1 of the Code of Virginia, Regulations Governing the
						Transportation of Hazardous Materials.
Statutory Authority
§ 52-8.4 of the Code of Virginia.
Virginia Administrative Code › Title 19 - PUBLIC SAFETY › Agency 30 - DEPARTMENT OF STATE POLICE › Chapter 20 - MOTOR CARRIER SAFETY REGULATIONS › Part III - Incorporation by Reference › Article 4 - Part 391 - Qualifications of Drivers › Section 19VAC30-20-130 - Investigations and inquiries - Section 391.23

Current through Register Vol. 40, No. 24, July 15, 2024
Except as provided in Subpart G of 49 CFR 391, each
						intrastate motor carrier shall make investigations and inquiries required by
						paragraphs (a)(1) and (a)(2) of
						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,
						1986.
Statutory Authority: §
													52-8.4
						  of the Code of Virginia.
Virginia Administrative Code › Title 19 - PUBLIC SAFETY › Agency 30 - DEPARTMENT OF STATE POLICE › Chapter 20 - MOTOR CARRIER SAFETY REGULATIONS › Part III - Incorporation by Reference › Article 4 - Part 391 - Qualifications of Drivers › Section 19VAC30-20-140 - Resolution of conflicts of medical evaluation - section 391.47

Current through Register Vol. 40, No. 24, July 15, 2024
The commissioner reserves the right to resolve medical
						conflicts involving those drivers used wholly in intrastate
						commerce.
Statutory Authority
§ 52-8.4 of the Code of Virginia.
Virginia Administrative Code › Title 19 - PUBLIC SAFETY › Agency 30 - DEPARTMENT OF STATE POLICE › Chapter 20 - MOTOR CARRIER SAFETY REGULATIONS › Part III - Incorporation by Reference › Article 4 - Part 391 - Qualifications of Drivers › Section 19VAC30-20-150 - Waiver of certain physical defects - Section 391.49

Current through Register Vol. 40, No. 24, July 15, 2024
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 (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.
Statutory Authority: §
													52-8.4
						  of the Code of Virginia.
Virginia Administrative Code › Title 19 - PUBLIC SAFETY › Agency 30 - DEPARTMENT OF STATE POLICE › Chapter 20 - MOTOR CARRIER SAFETY REGULATIONS › Part III - Incorporation by Reference › Article 4 - Part 391 - Qualifications of Drivers › Section 19VAC30-20-160 - Driver qualification files - section 391.51

Current through Register Vol. 40, No. 24, July 15, 2024
The applicable date referred to in
						49 CFR
						391.51(b) and (c) shall be
						July 9, 1986, for drivers used wholly in intrastate commerce. The
						commissioner's letter granting a waiver of a physical disqualification to an
						intrastate driver, if a waiver was issued under
						49 CFR
						391.49, shall be in the driver qualification
						files.
Statutory Authority
§ 52-8.4 of the Code of Virginia.
Virginia Administrative Code › Title 19 - PUBLIC SAFETY › Agency 30 - DEPARTMENT OF STATE POLICE › Chapter 20 - MOTOR CARRIER SAFETY REGULATIONS › Part III - Incorporation by Reference › Article 4 - Part 391 - Qualifications of Drivers › Section 19VAC30-20-170 - Subpart G - Limited exemptions - section 391.61

Current through Register Vol. 40, No. 24, July 15, 2024
The applicable date referred to in § 391.61 shall
						be July 9, 1986, for drivers used wholly in intrastate
						commerce.
Statutory Authority
§ 52-8.4 of the Code of Virginia.
Virginia Administrative Code › Title 19 - PUBLIC SAFETY › Agency 30 - DEPARTMENT OF STATE POLICE › Chapter 20 - MOTOR CARRIER SAFETY REGULATIONS › Part III - Incorporation by Reference › Article 5 - Part 392 - Driving of Motor Vehicles › Section 19VAC30-20-190 - Driving of motor vehicles

Current through Register Vol. 40, No. 24, July 15, 2024
Incorporated with no exceptions.
Statutory Authority
§ 52-8.4 of the Code of Virginia.
Virginia Administrative Code › Title 19 - PUBLIC SAFETY › Agency 30 - DEPARTMENT OF STATE POLICE › Chapter 20 - MOTOR CARRIER SAFETY REGULATIONS › Part III - Incorporation by Reference › Article 6 - Part 393 - Parts and Accessories Necessary for Safe Operation › Section 19VAC30-20-200 - Parts and accessories

Current through Register Vol. 40, No. 24, July 15, 2024
Incorporated with no exceptions.
Statutory Authority
§ 52-8.4 of the Code of Virginia.
Virginia Administrative Code › Title 19 - PUBLIC SAFETY › Agency 30 - DEPARTMENT OF STATE POLICE › Chapter 20 - MOTOR CARRIER SAFETY REGULATIONS › Part III - Incorporation by Reference › Article 7 - Part 395 - Hours of Service of Drivers › Section 19VAC30-20-205 - Maximum driving time for property-carrying vehicles - section 395.3

Current through Register Vol. 40, No. 24, July 15, 2024
Any driver of a property-carrying commercial motor
						vehicle, operated wholly in the intrastate transportation of construction
						materials and equipment as defined in § 395.2, shall not exceed 12 hours
						of driving time following 10 consecutive hours off duty or drive after having
						been on duty 16 hours following 10 consecutive hours off duty. No driver shall
						drive if he has been on duty 70 hours in a seven-consecutive-day period if the
						employing motor carrier does not operate commercial motor vehicles every day of
						the week or 80 hours in an eight-consecutive-day period if the employing motor
						carrier operates commercial vehicles every day of the week.
Statutory Authority
§ 52-8.4 of the Code of Virginia.
Virginia Administrative Code › Title 19 - PUBLIC SAFETY › Agency 30 - DEPARTMENT OF STATE POLICE › Chapter 20 - MOTOR CARRIER SAFETY REGULATIONS › Part III - Incorporation by Reference › Article 7 - Part 395 - Hours of Service of Drivers › Section 19VAC30-20-210 - Drivers declared out of service - section 395.13 (a)

Current through Register Vol. 40, No. 24, July 15, 2024
Law-enforcement officers specifically designated by the
						superintendent are authorized to declare a driver out of service and to notify
						the motor carrier of that declaration, upon finding at the time and place of
						examination that the driver has violated the out-of-service criteria as set
						forth in § 395.13 (b).
Statutory Authority
§ 52-8.4 of the Code of Virginia; 49 CFR Part 390.
Virginia Administrative Code › Title 19 - PUBLIC SAFETY › Agency 30 - DEPARTMENT OF STATE POLICE › Chapter 20 - MOTOR CARRIER SAFETY REGULATIONS › Part III - Incorporation by Reference › Article 7 - Part 395 - Hours of Service of Drivers › Section 19VAC30-20-220 - Responsibilities of motor carriers - Section 395.13(c)(2)

Current through Register Vol. 40, No. 24, July 15, 2024
A motor carrier shall complete the "Motor Carrier's
						Certification of Action Taken" portion of the 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 postmarked.
Statutory Authority: §
													52-8.4
						  of the Code of Virginia.
Virginia Administrative Code › Title 19 - PUBLIC SAFETY › Agency 30 - DEPARTMENT OF STATE POLICE › Chapter 20 - MOTOR CARRIER SAFETY REGULATIONS › Part III - Incorporation by Reference › Article 8 - Part 396 - Inspection, Repair, and Maintenance › Section 19VAC30-20-230 - Inspection of motor vehicles and intermodal equipment in operation - Section 396.9(a)

Current through Register Vol. 40, No. 24, July 15, 2024
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.
Statutory Authority: §
													52-8.4
						  of the Code of Virginia.
Virginia Administrative Code › Title 19 - PUBLIC SAFETY › Agency 30 - DEPARTMENT OF STATE POLICE › Chapter 20 - MOTOR CARRIER SAFETY REGULATIONS › Part III - Incorporation by Reference › Article 8 - Part 396 - Inspection, Repair, and Maintenance › Section 19VAC30-20-240 - Motor vehicles and intermodal equipment declared "out of service" - Section 396.9(c)

Current through Register Vol. 40, No. 24, July 15, 2024
Authorized personnel defined in 19VAC30-20-230 shall
						declare and mark "out of service" any motor vehicle or 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."
Statutory Authority: §
													52-8.4
						  of the Code of Virginia.
Virginia Administrative Code › Title 19 - PUBLIC SAFETY › Agency 30 - DEPARTMENT OF STATE POLICE › Chapter 20 - MOTOR CARRIER SAFETY REGULATIONS › Part III - Incorporation by Reference › Article 8 - Part 396 - Inspection, Repair, and Maintenance › Section 19VAC30-20-250 - Motor carrier or intermodal equipment provider's disposition - Section 396.9(d)(3)(ii)

Current through Register Vol. 40, No. 24, July 15, 2024
Motor carriers and intermodal equipment providers shall
						return the completed Driver/Vehicle Examination Report to the Department of
						State Police at the address indicated on the report.
Statutory Authority: §
													52-8.4
						  of the Code of Virginia.
Virginia Administrative Code › Title 19 - PUBLIC SAFETY › Agency 30 - DEPARTMENT OF STATE POLICE › Chapter 20 - MOTOR CARRIER SAFETY REGULATIONS › Part III - Incorporation by Reference › Article 9 - Part 397 - Transportation of Hazardous Materials; Driving and Parking Rules › Section 19VAC30-20-260 - Driving and parking rules - section 397

Current through Register Vol. 40, No. 24, July 15, 2024
Incorporated with no exceptions.
Statutory Authority
§ 52-8.4 of the Code of Virginia.
Virginia Administrative Code › Title 19 - PUBLIC SAFETY › Agency 30 - DEPARTMENT OF STATE POLICE › Chapter 20 - MOTOR CARRIER SAFETY REGULATIONS › Part III - Incorporation by Reference › Article 10 - Part 370 - Principle and Practices for the Investigation and VoluntaryDisposition of Loss and Damaged Claims and Processing Salvage › Section 19VAC30-20-270 - Investigation of claims - section 370.7(b)

Current through Register Vol. 40, No. 24, July 15, 2024
Supporting documents. When a necessary part of an
						investigation, each claim shall be supported by the original bill of lading,
						evidence of the freight charges, if any, and either the original invoice, a
						photographic copy of the original invoice, or an exact copy thereof or any
						extract made therefrom, certified by the claimant to be true and correct with
						respect to the property and value involved in the claim; or certification of
						prices or values, with trade or other discounts, allowance, or deductions, of
						any nature whatsoever and the terms thereof, or depreciation reflected thereon;
						provided, however, that where property involved in a claim has not been
						invoiced to the consignee shown on the bill of lading or where an invoice does
						not show price or value, or where the property involved has been sold, or where
						the property has been transferred at bookkeeping values only, the carrier
						shall, before voluntarily paying a claim, require the claimant to establish the
						destination value in the quantity, shipped, transported, or involved; provided,
						further, that when supporting documents are determined to be a necessary part
						of an investigation, the supporting documents are retained by the carriers for
						possible inspection, by an authorized specially trained member of the
						Department of State Police designated for that purpose by the
						superintendent.
Statutory Authority
§ 52-8.4 of the Code of
						  Virginia.
Virginia Administrative Code › Title 19 - PUBLIC SAFETY › Agency 30 - DEPARTMENT OF STATE POLICE › Chapter 20 - MOTOR CARRIER SAFETY REGULATIONS › Part III - Incorporation by Reference › Article 11 - Part 375 - Subpart A - General Requirements › Section 19VAC30-20-280 - What are the definitions of terms used in this part section 375.103

Current through Register Vol. 40, No. 24, July 15, 2024
We, us, and our means authorized specially trained member
						of the Department of State Police designated for that purpose by the
						superintendent.
Statutory Authority
§ 52-8.4 of the Code of
						  Virginia.
Virginia Administrative Code › Title 19 - PUBLIC SAFETY › Agency 30 - DEPARTMENT OF STATE POLICE › Chapter 20 - MOTOR CARRIER SAFETY REGULATIONS › Part III - Incorporation by Reference › Article 12 - Part 380 - Subpart E - Entry-Level Driver Training Requirements › Section 19VAC30-20-290 - Employer responsibilities - section 380.509(c)

Current through Register Vol. 40, No. 24, July 15, 2024
All records required by this subpart shall be maintained
						as required by 49 CFR
						390.31 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 the
						superintendent.
Statutory Authority
§ 52-8.4 of the Code of
						  Virginia.
Virginia Administrative Code › Title 19 - PUBLIC SAFETY › Agency 30 - DEPARTMENT OF STATE POLICE › Chapter 20 - MOTOR CARRIER SAFETY REGULATIONS › Part III - Incorporation by Reference › Article 13 - Part 382 - Controlled Substances and Alcohol Use and Testing › Section 19VAC30-20-300 - Retention of records - Section 382.401(d)

Current through Register Vol. 40, No. 24, July 15, 2024
Location of records. All records required by this part
						shall be maintained as required by
						49 CFR
						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 the
						superintendent.
Statutory Authority: §
													52-8.4
						  of the Code of Virginia.
Virginia Administrative Code › Title 19 - PUBLIC SAFETY › Agency 30 - DEPARTMENT OF STATE POLICE › Chapter 20 - MOTOR CARRIER SAFETY REGULATIONS › Part III - Incorporation by Reference › Article 13 - Part 382 - Controlled Substances and Alcohol Use and Testing › Form - FORMS (19VAC30-20)

Current through Register Vol. 40, No. 24, July 15, 2024
Virginia
						State Police Driver/Vehicle Inspection Report, SP-233 (rev.
						1/2016
)
Virginia
						State Police Driver/Vehicle Inspection Report Continuation Sheet SP233-A (rev.
						7/2004)
Statutory Authority: §
													52-8.4
						  of the Code of Virginia.
Virginia Administrative Code › Title 19 - PUBLIC SAFETY › Agency 30 - DEPARTMENT OF STATE POLICE › Chapter 40 - STANDARDS AND SPECIFICATIONS FOR THE STICKERS OR DECALS USED BY CITIES, COUNTIES AND TOWNS IN LIEU OF LICENSE PLATES › Section 19VAC30-40-10

Current through Register Vol. 40, No. 24, July 15, 2024
Statutory Authority: §§
											46.2-1052 and
					 52-8.4 of the Code of
					 Virginia.
Virginia Administrative Code › Title 19 - PUBLIC SAFETY › Agency 30 - DEPARTMENT OF STATE POLICE › Chapter 40 - STANDARDS AND SPECIFICATIONS FOR THE STICKERS OR DECALS USED BY CITIES, COUNTIES AND TOWNS IN LIEU OF LICENSE PLATES › Section 19VAC30-40-20 - Size

Current through Register Vol. 40, No. 24, July 15, 2024
The size of the sticker or decal shall not exceed three
				  inches in height and three inches in length.
Statutory Authority: §§
											46.2-1052 and
					 52-8.4 of the Code of
					 Virginia.
Virginia Administrative Code › Title 19 - PUBLIC SAFETY › Agency 30 - DEPARTMENT OF STATE POLICE › Chapter 40 - STANDARDS AND SPECIFICATIONS FOR THE STICKERS OR DECALS USED BY CITIES, COUNTIES AND TOWNS IN LIEU OF LICENSE PLATES › Section 19VAC30-40-30 - Placement

Current through Register Vol. 40, No. 24, July 15, 2024
The sticker or decal shall be placed at the bottom of the
				  windshield 1/4-inch from the right edge of the official inspection sticker when
				  viewed through the windshield from inside the vehicle. At the option of the
				  motor vehicle's owner, the sticker or decal, provided it measures not more than
				  two and one-half inches in width and four inches in length, may be placed in
				  the blind spot behind the rear view mirror.
Statutory Authority: §§
											46.2-1052 and
					 52-8.4 of the Code of
					 Virginia.
Virginia Administrative Code › Title 19 - PUBLIC SAFETY › Agency 30 - DEPARTMENT OF STATE POLICE › Chapter 50 - REGULATIONS RELATING TO STANDARDS AND SPECIFICATIONS FOR MOTORCYCLE WINDSHIELDS AND SAFETY GLASSES OR GOGGLES FOR MOTORCYCLE OPERATORS [REPEALED] › Section 19VAC30-50-10 to 19VAC30-50-250

Current through Register Vol. 40, No. 24, July 15, 2024
Virginia Administrative Code › Title 19 - PUBLIC SAFETY › Agency 30 - DEPARTMENT OF STATE POLICE › Chapter 60 - REGULATIONS RELATING TO STANDARDS AND SPECIFICATIONS FOR PROTECTIVE HELMETS FOR MOTORCYCLE OPERATORS AND PASSENGERS [REPEALED] › Section 19VAC30-60-10 to 19VAC30-60-70

Current through Register Vol. 40, No. 24, July 15, 2024
Virginia Administrative Code › Title 19 - PUBLIC SAFETY › Agency 30 - DEPARTMENT OF STATE POLICE › Chapter 70 - MOTOR VEHICLE SAFETY INSPECTION REGULATIONS › Part I - Administration of Virginia's Official Motor Vehicle Inspection Program › Section 19VAC30-70-1 - Purpose and authority

Current through Register Vol. 40, No. 24, July 15, 2024
Virginia's Official Motor Vehicle Inspection Program was
					 developed and adopted to promote highway safety. The program model is based on
					 the National Highway Traffic Safety Administration Federal Motor Vehicle Safety
					 Standards. Vehicles submitted for inspection must be compliant with Federal
					 Motor Vehicle Safety Standards applicable on the date of manufacture. The goal
					 of the Official Motor Vehicle Inspection Program is to assure all Virginia
					 registered vehicles are mechanically safe to operate over the highways of the
					 Commonwealth.
The rules and regulations governing the Official Motor
					 Vehicle Inspection Program are contained in the Official Motor Vehicle Safety
					 Inspection Manual. These rules and regulations are promulgated under the
					 authority of Chapter 10 (§
										46.2-1000
					 et seq.) of Title 46.2 of the Code of Virginia. All official inspection
					 stations shall comply with these rules and regulations, issuing approval
					 certificates only to those vehicles which the inspections shall determine to be
					 in compliance with those rules and regulations.
For devices or equipment required to be approved pursuant
					 to §
										46.2-1005
					 of Title 46.2 of the Code of Virginia, the superintendent may waive such
					 approval and the issuance of a certificate of approval when the device or
					 equipment is identified as complying with the standards and specifications of
					 the Society of Automotive Engineers (SAE), the American National Standards
					 Institute (ANSI), or the regulations of the federal Department of
					 Transportation (DOT).
These rules and regulations are intended to ensure a
					 uniform system of corrective action for those who violate the rules and
					 regulations of the Official Motor Vehicle Inspection Program.
The Official Motor Vehicle Safety Inspection Manual covers
					 administrative procedure as well as numerous vehicular safety items of varying
					 importance. It is, therefore, necessary that the various sections of the manual
					 be divided into categories of seriousness. This will provide a uniform system
					 of corrective action for the certified inspectors and the inspection
					 stations.
Statutory Authority: §
												46.2-1165
						of the Code of Virginia.
Virginia Administrative Code › Title 19 - PUBLIC SAFETY › Agency 30 - DEPARTMENT OF STATE POLICE › Chapter 70 - MOTOR VEHICLE SAFETY INSPECTION REGULATIONS › Part I - Administration of Virginia's Official Motor Vehicle Inspection Program › Section 19VAC30-70-2 - Corrective action procedures

Current through Register Vol. 40, No. 24, July 15, 2024
These procedures are intended to establish an equitable and
					 effective process for recognizing and correcting unacceptable work
					 performances. When multiple offenses arise out of the same act or inspection,
					 disciplinary action will be taken on the most serious offense. All classes of
					 offenses will apply uniformly to the inspectors involved in the offenses and
					 management alike, where it is revealed that management was involved in the
					 matter or had knowledge of its occurrence.
Unacceptable work performance shall be divided into four
					 groups of offenses based on the seriousness as they pertain to vehicle
					 safety.
Specified disciplinary action for each class offense shall
					 not be exceeded. However, if additional aggravating circumstances exist, the
					 appropriate corrective action will be taken.
Statutory Authority: § 46.2-1165 of the Code of
						Virginia.
Virginia Administrative Code › Title 19 - PUBLIC SAFETY › Agency 30 - DEPARTMENT OF STATE POLICE › Chapter 70 - MOTOR VEHICLE SAFETY INSPECTION REGULATIONS › Part I - Administration of Virginia's Official Motor Vehicle Inspection Program › Section 19VAC30-70-3 - Class I offenses

Current through Register Vol. 40, No. 24, July 15, 2024
Class I offenses are unacceptable work performances less
					 serious in nature, but which require correction in order to maintain an
					 efficient and effective Official Motor Vehicle Inspection Program. A violation
					 of any paragraph of the following sections of the Official Motor Vehicle Safety
					 Inspection Manual and rules and agreements not covered in the Official Motor
					 Vehicle Safety Inspection Manual or those disseminated by other means shall
					 constitute a Class I offense, unless designated otherwise:
19VAC30-70-10
					 A through D
19VAC30-70-10
					 F through I
19VAC30-70-10
					 K through O
19VAC30-70-10
					 U
19VAC30-70-20
					 in its entirety
19VAC30-70-30
					 in its entirety
19VAC30-70-40 in
					 its entirety
19VAC30-70-50
					 in its entirety
19VAC30-70-60
					 in its entirety
19VAC30-70-70 in its
					 entirety
19VAC30-70-80 B
					 3
19VAC30-70-160
					 in its entirety (except subdivisions I 12 and 13 f (2))
19VAC30-70-170 in
					 its entirety
19VAC30-70-200
					 in its entirety
19VAC30-70-290
					 in its entirety
19VAC30-70-310
					 in its entirety
19VAC30-70-330
					 in its entirety
19VAC30-70-360
					 D 4 e and f
19VAC30-70-410
					 in its entirety
19VAC30-70-440
					 B
19VAC30-70-530
					 in its entirety (except subdivisions K 10 i and K 11 g (2))
19VAC30-70-540 in
					 its entirety
19VAC30-70-570
					 in its entirety
19VAC30-70-660 in its
					 entirety
Disciplinary action for Class I offenses shall be:
1st offense - Verbal counseling - Recorded on Form
					 SP-164.
2nd offense - Written reprimand from the safety officer or
					 his designee.
3rd offense - Suspension of not less than 15 or more than
					 30 days.
Offenses shall be cumulative in nature and shall remain
					 active for 24 months from date of offense. When Class II, III, or IV offenses
					 are active, discipline can be written reprimand or suspension of not more than
					 60 days.
Statutory Authority: §
												46.2-1165
						of the Code of Virginia.
Virginia Administrative Code › Title 19 - PUBLIC SAFETY › Agency 30 - DEPARTMENT OF STATE POLICE › Chapter 70 - MOTOR VEHICLE SAFETY INSPECTION REGULATIONS › Part I - Administration of Virginia's Official Motor Vehicle Inspection Program › Section 19VAC30-70-4 - Class II offenses

Current through Register Vol. 40, No. 24, July 15, 2024
Class II offenses shall be violations of any section of the
					 Official Motor Vehicle Safety Inspection Manual considered very serious, but
					 the consequence of such violation or omission is not likely to be an imminent
					 cause or contributing factor to a traffic crash or other vehicle related
					 injury. A violation of the following sections of the Official Motor Vehicle
					 Safety Inspection Manual shall constitute a Class II offense unless designated
					 otherwise:
19VAC30-70-150
					 in its entirety
19VAC30-70-180
					 in its entirety
19VAC30-70-210
					 in its entirety
19VAC30-70-230
					 in its entirety
19VAC30-70-240
					 in its entirety
19VAC30-70-250
					 in its entirety
19VAC30-70-260
					 in its entirety
19VAC30-70-270 in its
					 entirety
19VAC30-70-280 in
					 its entirety
19VAC30-70-300
					 in its entirety
19VAC30-70-320 in its
					 entirety
19VAC30-70-360
					 A 7 and C
19VAC30-70-380 in
					 its entirety
19VAC30-70-390
					 in its entirety
19VAC30-70-420
					 in its entirety
19VAC30-70-520
					 in its entirety
19VAC30-70-550
					 in its entirety
19VAC30-70-580
					 in its entirety
19VAC30-70-600
					 in its entirety
19VAC30-70-610
					 in its entirety
19VAC30-70-620
					 in its entirety
19VAC30-70-630
					 in its entirety
19VAC30-70-640 in its
					 entirety
19VAC30-70-650 in
					 its entirety
19VAC30-70-670
					 in its entirety
19VAC30-70-680 in its
					 entirety
Disciplinary action for a Class II offense shall be:
1st Offense - Verbal counseling - Recorded on Form
					 SP-164.
2nd Offense - Written reprimand from the safety officer or
					 his designee.
3rd Offense - Suspension of not less than 30 or more than
					 60 days.
Offenses are cumulative in nature and shall remain active
					 for a period of 24 months from date of offense.
When Class I, III, or IV offenses are active, discipline
					 can be written reprimand or suspension of not more than 90
					 days.
Statutory Authority: §
												46.2-1165
						of the Code of Virginia.
Virginia Administrative Code › Title 19 - PUBLIC SAFETY › Agency 30 - DEPARTMENT OF STATE POLICE › Chapter 70 - MOTOR VEHICLE SAFETY INSPECTION REGULATIONS › Part I - Administration of Virginia's Official Motor Vehicle Inspection Program › Section 19VAC30-70-5 - Class III offenses

Current through Register Vol. 40, No. 24, July 15, 2024
Class III offenses may be violations of those sections of
					 the Official Motor Vehicle Safety Inspection Manual considered more severe in
					 nature, and usually considered most critical from a safety or administrative
					 viewpoint. They would include the omission of checking or improper approval of
					 an item so critical to the safe operation of a motor vehicle as to have the
					 potential of being the imminent cause or factor of a motor vehicle crash. A
					 violation of the following sections of the Official Motor Vehicle Safety
					 Inspection Manual shall constitute a Class III offense unless designated
					 otherwise:
19VAC30-70-10
					 J and Q
19VAC30-70-11
					 in its entirety
19VAC30-70-80 in
					 its entirety (except subdivision B 3)
19VAC30-70-90
					 in its entirety
19VAC30-70-100
					 in its entirety
19VAC30-70-110
					 in its entirety
19VAC30-70-120
					 in its entirety
19VAC30-70-130
					 in its entirety
19VAC30-70-140
					 in its entirety
19VAC30-70-160
					 I 12 g and 13 e
19VAC30-70-160
					 I 12 f and 13 f (2)
19VAC30-70-190
					 in its entirety
19VAC30-70-220
					 in its entirety
19VAC30-70-340
					 in its entirety
19VAC30-70-350
					 in its entirety
19VAC30-70-360
					 A and B
19VAC30-70-370
					 in its entirety
19VAC30-70-400
					 in its entirety
19VAC30-70-440 in
					 its entirety
19VAC30-70-450
					 in its entirety
19VAC30-70-460
					 in its entirety
19VAC30-70-470 in its
					 entirety
19VAC30-70-480 in its
					 entirety
19VAC30-70-490
					 in its entirety
19VAC30-70-500
					 in its entirety
19VAC30-70-510 in its
					 entirety
19VAC30-70-530
					 K 10 i and K 11 g (2)
19VAC30-70-560
					 in its entirety
19VAC30-70-590
					 in its entirety
19VAC30-70-690
					 in its entirety
Disciplinary action for a Class III offense shall
					 be:
1st offense - Written reprimand from the safety officer or
					 his designee.
2nd offense - Suspension for not less than 45 or more than
					 90 days.
3rd offense - Suspension for not less than 90 days or more
					 than six months.
Offenses are cumulative in nature and will remain active
					 for a period of 24 months from date of offense.
When a Class I, II, or IV offense is active, discipline
					 can be written reprimand or suspension of any duration less than one
					 year.
Statutory Authority: §
												46.2-1165
						of the Code of Virginia.