Administrative Code

Virginia Administrative Code
6/24/2021

Part III. Incorporation by Reference

Article 1
Compliance with Federal Regulations

19VAC30-20-80. Compliance.

Article 1
Compliance with Federal Regulations

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 September 29, 2020, 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.

Historical Notes

Derived from VR545-01-1 § 3.1, 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; Volume 12, Issue 11, eff. March 20, 1996; Volume 13, Issue 11, eff. March 19, 1997; Volume 14, Issue 11, eff. March 18, 1998; Volume 15, Issue 9, eff. March 17, 1999; Volume 16, Issue 9, eff. March 15, 2000; Volume 17, Issue 10, eff. March 14, 2001; Volume 19, Issue 10, eff. March 1, 2003; Volume 20, Issue 4, eff. January 2, 2004; Volume 22, Issue 10, eff. March 1, 2006; Volume 23, Issue 10, eff. March 1, 2007; Volume 25, Issue 11, eff. March 4, 2009; Volume 26, Issue 16, eff. May 12, 2010; Volume 28, Issue 20, eff. July 1, 2012; Volume 34, Issue 6, eff. December 14, 2017; Volume 35, Issue 2, eff. October 18, 2018; Volume 35, Issue 21, eff. July 10, 2019; Volume 36, Issue 20, eff. July 1, 2020; Volume 36, Issue 25, eff. September 29, 2020.

Article 2
Part 40 - Procedures for Transportation Workplace Drug Testing Programs [Repealed]

19VAC30-20-90. (Repealed.)

Article 2
Part 40 - Procedures for Transportation Workplace Drug Testing Programs [Repealed]

Historical Notes

Derived from VR545-01-1 § 3.2, 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 12, Issue 11, eff. March 20, 1996.

Article 3
Part 390 - General

19VAC30-20-100. Minimum levels of financial responsibility for motor carriers - § 390.3 (c).

Article 3
Part 390 - General

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.

Historical Notes

Derived from VR545-01-1 § 3.3, 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.

19VAC30-20-110. Exempt intracity zone - § 390.5.

This term does not include a driver or vehicle used wholly in intrastate commerce.

Statutory Authority

§ 52-8.4 of the Code of Virginia.

Historical Notes

Derived from VR545-01-1 § 3.4, 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 36, Issue 20, eff. July 1, 2020.

19VAC30-20-115. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 24, Issue 11, eff. March 6, 2008; amended, Virginia Register Volume 26, Issue 16, eff. May 12, 2010; Volume 27, Issue 16, eff. May 11, 2011.

Article 4
Part 391 - Qualifications of Drivers

19VAC30-20-120. Minimum age - § 391.11.

Article 4
Part 391 - Qualifications of Drivers

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.

Historical Notes

Derived from VR545-01-1 § 3.5, 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.

19VAC30-20-130. Investigations and inquiries - § 391.23.

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.

Historical Notes

Derived from VR545-01-1 § 3.6, 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 36, Issue 20, eff. July 1, 2020.

19VAC30-20-140. Resolution of conflicts of medical evaluation - § 391.47.

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.

Historical Notes

Derived from VR545-01-1 § 3.7, 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.

19VAC30-20-150. Waiver of certain physical defects - § 391.49.

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.

Historical Notes

Derived from VR545-01-1 § 3.8, 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 16, Issue 9, eff. March 15, 2000; Volume 26, Issue 16, eff. May 12, 2010; Volume 36, Issue 20, eff. July 1, 2020.

19VAC30-20-160. Driver qualification files - § 391.51.

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.

Historical Notes

Derived from VR545-01-1 § 3.9, 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.

19VAC30-20-170. Subpart G - Limited exemptions - § 391.61.

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.

Historical Notes

Derived from VR545-01-1 § 3.10, 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.

19VAC30-20-180. (Repealed.)

Historical Notes

Derived from VR545-01-1 § 3.11, 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 12, Issue 11, eff. March 20, 1996.

Article 5
Part 392 - Driving of Motor Vehicles

19VAC30-20-190. Driving of motor vehicles.

Article 5
Part 392 - Driving of Motor Vehicles

Incorporated with no exceptions.

Statutory Authority

§ 52-8.4 of the Code of Virginia.

Historical Notes

Derived from VR545-01-1 § 3.12, 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.

Article 6
Part 393 - Parts and Accessories Necessary for Safe Operation

19VAC30-20-200. Parts and accessories.

Article 6
Part 393 - Parts and Accessories Necessary for Safe Operation

Incorporated with no exceptions.

Statutory Authority

§ 52-8.4 of the Code of Virginia.

Historical Notes

Derived from VR545-01-1 § 3.13, 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.

Article 7
Part 395 - Hours of Service of Drivers

19VAC30-20-205. Maximum driving time for property-carrying vehicles - § 395.3.

Article 7
Part 395 - Hours of Service of Drivers

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.

Historical Notes

Derived from Virginia Register Volume 22, Issue 10, eff. March 1, 2006.

19VAC30-20-210. Drivers declared out of service - § 395.13 (a).

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.

Historical Notes

Derived from VR545-01-1 § 3.14, 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 28, Issue 20, eff. July 1, 2012.

19VAC30-20-220. Responsibilities of motor carriers - § 395.13(c)(2).

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.

Historical Notes

Derived from VR545-01-1 § 3.15, 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 15, Issue 9, eff. March 17, 1999; Volume 22, Issue 10, eff. March 1, 2006; Volume 36, Issue 20, eff. July 1, 2020.

Article 8
Part 396 - Inspection, Repair, and Maintenance

19VAC30-20-230. Inspection of motor vehicles and intermodal equipment in operation - § 396.9(a).

Article 8
Part 396 - Inspection, Repair, and Maintenance

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.

Historical Notes

Derived from VR545-01-1 § 3.16, 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 28, Issue 20, eff. July 1, 2012; Volume 36, Issue 20, eff. July 1, 2020.

19VAC30-20-240. Motor vehicles and intermodal equipment declared "out of service" - § 396.9(c).

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.

Historical Notes

Derived from VR545-01-1 § 3.17, 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 36, Issue 20, eff. July 1, 2020.

19VAC30-20-250. Motor carrier or intermodal equipment provider's disposition - § 396.9(d)(3)(ii).

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.

Historical Notes

Derived from VR545-01-1 § 3.18, 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 15, Issue 9, eff. March 17, 1999; Volume 22, Issue 10, eff. March 1, 2006; Volume 36, Issue 20, eff. July 1, 2020.

Article 9
Part 397 - Transportation of Hazardous Materials; Driving and Parking Rules

19VAC30-20-260. Driving and parking rules - § 397.

Article 9
Part 397 - Transportation of Hazardous Materials; Driving and Parking Rules

Incorporated with no exceptions.

Statutory Authority

§ 52-8.4 of the Code of Virginia.

Historical Notes

Derived from VR545-01-1 § 3.19, 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.

Article 10
Part 370 - Principle and Practices for the Investigation and Voluntary Disposition of Loss and Damaged Claims and Processing Salvage

19VAC30-20-270. Investigation of claims - § 370.7(b).

Article 10
Part 370 - Principle and Practices for the Investigation and Voluntary Disposition of Loss and Damaged Claims and Processing Salvage

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.

Historical Notes

Derived from Virginia Register Volume 25, Issue 11, eff. March 4, 2009.

Article 11
Part 375 - Subpart a - General Requirements

19VAC30-20-280. What are the definitions of terms used in this part? § 375.103.

Article 11
Part 375 - Subpart A - General Requirements

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.

Historical Notes

Derived from Virginia Register Volume 25, Issue 11, eff. March 4, 2009.

Article 12
Part 380 - Subpart E - Entry-Level Driver Training Requirements

19VAC30-20-290. Employer responsibilities - § 380.509(c).

Article 12
Part 380 - Subpart E - Entry-Level Driver Training Requirements

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.

Historical Notes

Derived from Virginia Register Volume 25, Issue 11, eff. March 4, 2009.

Article 13
Part 382 - Controlled Substances and Alcohol Use and Testing

19VAC30-20-300. Retention of records - § 382.401(d).

Article 13
Part 382 - Controlled Substances and Alcohol Use and Testing

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.

Historical Notes

Derived from Virginia Register Volume 25, Issue 11, eff. March 4, 2009; amended, Virginia Register Volume 36, Issue 20, eff. July 1, 2020.

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