Administrative Code

Virginia Administrative Code
9/22/2021

Part II. General Information

19VAC30-20-20. (Repealed.)

Historical Notes

Derived from VR545-01-1 § 2.1, eff. July 9, 1986; amended, Virginia Register Volume 6, Issue 10, eff. April 1, 1990; (amended § 395.8) Volume 8, Issue 10, eff. March 11, 1992; Volume 9, Issue 10, eff. March 10, 1993; Volume 10, Issue 10, eff. March 9, 1994; Volume 11, Issue 11, eff. March 22, 1995; repealed, Virginia Register Volume 36, Issue 20, eff. July 1, 2020.

19VAC30-20-30. (Repealed.)

Historical Notes

Derived from VR545-01-1 § 2.2, eff. July 9, 1986; amended, Virginia Register Volume 6, Issue 10, eff. April 1, 1990; (amended § 395.8) Volume 8, Issue 10, eff. March 11, 1992; Volume 9, Issue 10, eff. March 10, 1993; Volume 10, Issue 10, eff. March 9, 1994; Volume 11, Issue 11, eff. March 22, 1995; repealed, Virginia Register Volume 36, Issue 20, eff. July 1, 2020.

19VAC30-20-40. Application of regulations.

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 § 52-8.4 A 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.

Historical Notes

Derived from VR545-01-1 § 2.3, eff. July 9, 1986; amended, Virginia Register Volume 6, Issue 10, eff. April 1, 1990; (amended § 395.8) Volume 8, Issue 10, eff. March 11, 1992; Volume 9, Issue 10, eff. March 10, 1993; Volume 10, Issue 10, eff. March 9, 1994; Volume 11, Issue 11, eff. March 22, 1995; Volume 12, Issue 11, eff. March 20, 1996; Volume 22, Issue 10, eff. March 1, 2006; Volume 25, Issue 11, eff. March 4, 2009; Volume 26, Issue 16, eff. May 12, 2010; Volume 36, Issue 20, eff. July 1, 2020.

19VAC30-20-50. Enforcement.

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.

Historical Notes

Derived from VR545-01-1 § 2.4, eff. July 9, 1986; amended, Virginia Register Volume 6, Issue 10, eff. April 1, 1990; (amended § 395.8) Volume 8, Issue 10, eff. March 11, 1992; Volume 9, Issue 10, eff. March 10, 1993; Volume 10, Issue 10, eff. March 9, 1994; Volume 11, Issue 11, eff. March 22, 1995; Volume 12, Issue 11, eff. March 20, 1996; Volume 19, Issue 10, eff. March 1, 2003.

19VAC30-20-60. Inspection of records.

Any records required to be maintained by motor carriers pursuant to regulations promulgated by the Superintendent under the authority of § 52-8.4 A 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.

Historical Notes

Derived from VR545-01-1 § 2.5, eff. July 9, 1986; amended, Virginia Register Volume 6, Issue 10, eff. April 1, 1990; (amended § 395.8) Volume 8, Issue 10, eff. March 11, 1992; Volume 9, Issue 10, eff. March 10, 1993; Volume 10, Issue 10, eff. March 9, 1994; Volume 11, Issue 11, eff. March 22, 1995; Volume 25, Issue 11, eff. March 4, 2009.

19VAC30-20-70. Penalties.

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.

Historical Notes

Derived from VR545-01-1 § 2.6, eff. July 9, 1986; amended, Virginia Register Volume 6, Issue 10, eff. April 1, 1990; (amended § 395.8) Volume 8, Issue 10, eff. March 11, 1992; Volume 9, Issue 10, eff. March 10, 1993; Volume 10, Issue 10, eff. March 9, 1994; Volume 11, Issue 11, eff. March 22, 1995; Volume 12, Issue 11, eff. March 20, 1996; Volume 14, Issue 11, eff. March 18, 1998; Volume 36, Issue 20, eff. July 1, 2020.

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