Pennsylvania Code & Bulletin

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The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 52 Pa.B. 7348 (November 26, 2022).

Pennsylvania Code



37.271.    Application.
37.272.    Vehicle standards.
37.273.    Driver out-of-service criteria.
37.274.    Vehicle out-of-service criteria.


   The provisions of this Subchapter D adopted May 19, 1995, effective May 20, 1995, 25 Pa.B. 1951, unless otherwise noted.

Cross References

   This subchapter cited in 52 Pa. Code §  37.201 (relating to general).

§ 37.271. Application.

 (a)  This subchapter applies to lightweight vehicles as defined in §  37.202 (relating to definitions). Drivers, employes, officers, agents and representatives of motor carriers operating lightweight motor vehicles, shall be knowledgeable of and comply with this subchapter.

 (b)  Subchapters A and E (relating to general provisions; and penalties) apply to motor carriers operating lightweight vehicles, except for the following:

   (1)  49 CFR Part 382 (relating to controlled substances and alcohol use and testing).

   (2)  49 CFR Part 391 Subpart H (relating to controlled substances testing).

   (3)  49 CFR Part 393 (relating to parts and accessories necessary for safe operation).

   (4)  49 CFR 395.8 (relating to driver’s record of duty status).

§ 37.272. Vehicle standards.

 Motor carriers may not permit a vehicle to be operated unless it complies with the applicable Department of Transportation equipment inspection standards in 67 Pa. Code Chapter 175 (relating to vehicle equipment and inspection).

Cross References

   This section cited in 52 Pa. Code §  37.274 (relating to out-of-service criteria).

§ 37.273. Driver out-of-service criteria.

 Upon finding at the time of examination, a driver operating a lightweight vehicle in violation of the out-of-service criteria as set forth in paragraphs (1)—(5), an enforcement officer employed by the Commission will declare a driver out-of-service.

   (1)  The driver is not at least 18 years of age.

   (2)  The driver is not licensed to operate the motor vehicle.

   (3)  The driver is disqualified under 49 CFR 391.15 (relating to disqualification of drivers).

   (4)  The driver is in the possession of or under the influence of drugs or other controlled substances as identified in 49 CFR 392.4(a) (relating to drugs and other substances).

   (5)  The driver is in the possession of, has consumed intoxicating beverages within the last 4 hours before going on duty, or is under the influence of an intoxicating beverage.

§ 37.274. Vehicle out-of-service criteria.

 Vehicles in operation which are found upon inspection not in compliance with §  37.272 (relating to vehicle standards) will be declared out-of-service by an enforcement officer employed by the Commission and will be placed out-of-service utilizing the Commission’s out-of-service sticker.

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