Administrative Code

Virginia Administrative Code
6/14/2021

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.

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