Reg2Col.DOT - Virginia



TITLE 19. PUBLIC SAFETY

DEPARTMENT OF STATE POLICE

Final Regulation

REGISTRAR'S NOTICE: The following regulatory action is exempt from the Administrative Process Act in accordance with § 2.2-4006 A 4 c of the Code of Virginia, which excludes regulations that are necessary to meet the requirements of federal law or regulations provided such regulations do not differ materially from those required by federal law or regulation. The Department of State Police will receive, consider and respond to petitions by any interested person at any time with respect to reconsideration or revision.

Title of Regulation: 19 VAC 30-20. Motor Carrier Safety Regulations (amending 19 VAC 30-20-80).

Statutory Authority: § 52.8-4 of the Code of Virginia.

Effective Date: March 1, 2007.

Agency Contact: Lieutenant Herbert B. Bridges, Department of State Police, P.O. Box 27472, Richmond, VA 23261-7472, telephone (804) 674-2005, FAX (804) 674-2916 or email herbert.bridges@vsp..

Summary:

Amendment 15 adopts and incorporates by reference changes made by the U.S. Department of Transportation, Federal Motor Carrier Safety Administration, to 49 CFR Parts 390 through 397 promulgated and in effect as of January 2, 2007.

The amendments to the federal regulations are as follows:

1. Amend 49 CFR Parts 390 and 392 adopting as final, with minor changes, the interim regulations as published in the Federal Register in August 2002. Since that time, enforcement officials have discovered many carriers operating without the required operating authority or beyond the scope of their authority. By making minor changes to the rule, FMCSA facilitates enforcement of these regulatory requirements by the agency’s employees and its state counterparts. Clarifying that operating authority means registration as required by statute assists state enforcement officers in identifying the correct violation and not confusing operating authority with other registration requirements.

2. Amend 49 CFR Part 393 and the final rule of September 27, 2002, concerning protection against shifting and falling cargo for commercial motor vehicles in response to petitions from several affected entities. The amendments make the final rule more consistent with its December 18, 2000, notice of proposed rulemaking to adopt the North American Cargo Securement Standard Model Regulations. This final rule also includes several editorial revisions to the 2002 final rule.

19 VAC 30-20-80. Compliance.

Every person and commercial motor vehicle subject to the Motor Carrier Safety Regulations 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 United States Department of Transportation, Federal Motor Carrier Safety Administration, with amendments promulgated and in effect as of January 2, 2006 2007, pursuant to the United States Motor Carrier Safety Act found in 49 CFR Parts 390 through 397, which are incorporated in these regulations by reference, with certain exceptions, as set forth below.

VA.R. Doc. No. R07-91; Filed December 28, 2006, 1 p.m.

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