16VAC25-97-30. Covered vehicle requirements.
A. No employer shall operate any covered vehicle in reverse unless:
1. The covered vehicle has a reverse signal alarm audible above the surrounding noise level; and
2. a. The covered vehicle is operated in reverse only when a designated observer or ground guide signals that it is safe to do so; or
b. Before operating the covered vehicle in reverse, the driver visually determines that no employee is in the path of the covered vehicle.
B. Covered vehicles that were not equipped with a reverse-signal alarm upon manufacture or were not later retrofitted with an alarm are exempt from subdivision A 1 of this section. If the manufacturer of the covered vehicle offered the employer a reverse signal alarm retrofit package at a reasonable and economically feasible cost, and the employer did not have the retrofit package installed, this exemption does not apply.
C. Where immediate correction is not feasible, covered vehicles equipped with a reverse signal alarm that is not operational or is not functioning properly shall be either:
1. Operated in reverse only when a designated observer or ground guide signals that it is safe to do so; or
2. Removed from service until the reverse signal alarm is repaired.
D. Covered vehicles with operable video or similar technological capability used by the driver and capable of providing the driver with a full view behind the vehicle are exempt from subdivision A 2 a of this section.
E. To the extent that any federal Department of Transportation (DOT) regulation applies to covered vehicles conflicts with this chapter, the DOT regulation shall take precedence.
Statutory Authority
§ 40.1-22 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 25, Issue 25, eff. September 18, 2009.