D.C. Mun. Regs. tit. 18, r. 18-1405

Current through Register Vol. 71, No. 49, December 6, 2024

Rule 18-1405 - AMENDMENTS OF 49 CFR

1405.1

Part 390 is amended to read as follows:

(a) 390.3(a) Add: "or intrastate" after "interstate"; and

(b) 390.9: This section shall not apply.

1405.2

Part 391 shall be complied with without amendment.

1405.3

Part 392 shall be complied with without amendment.

1405.4

Part 393 is amended to read as follows: 393.3 Add: "D.C. Law, other regulations, or" between "prohibited by" and "this."

1405.5

[Repealed]

1405.6

Part 395 is amended to read as follows:

(a) 395.13(a) Add: "authorized member of the Metropolitan Police department, and" after "Every";

(b) 395.13(c) (2) Replace: "A motor carrier" with "(i) If a special agent of the Federal Highway Administration declares a driver out of service, a motor carrier"; and add: "A copy of the completed form MCS-63 also shall be delivered to the Metropolitan Police Department, Motor Carrier Safety Unit, within the prescribed fifteen (15) day period. (ii) If a police officer declares a driver out of service, a motor carrier shall certify that all violations noted have been corrected by completing the "signature of carrier official, title, and date signed" portions of the Driver-Vehicle Inspection Report form and deliver the form by mail or in person, within fifteen (15) days following the date of inspection, to the Metropolitan Police Department, Motor Carrier Safety Unit. If the motor carrier mails the form, delivery is made on the date it is postmarked." after "postmarked";

(c) 395.15(j) (1) Add: "or Metropolitan Police Department" after "FHWA"; and

(d) 395.15(j) (2) Add: "or Metropolitan Police Department" after "FHWA."

1405.7

Part 396 is amended to read as follows:

(a) 396.1 Add: "(a)" before "Every" and add "(b) Where reference is made in this part to a Driver Equipment Compliance Check or to form MCS-63, it shall also mean a Metropolitan Police Department Driver-Vehicle Inspection Report";

(b) 396.9(a) Delete 49 CFR 396.9(a) and replace with new language to read as follows:

(a) Personnel authorized to perform inspections -

(1) Every special agent of the FHWA (as defined in Appendix B to this subchapter) and certified motor carrier inspectors of the Metropolitan Police Department are authorized to enter upon and perform inspections of motor carrier's vehicles in operation.

(2) A motor vehicle, or in the instance of a vehicle combination, a component vehicle of the combination, which bears a current and valid CVSA inspection sticker issued by the District of Columbia or other member jurisdiction of the Commercial Vehicle Safety Alliance is not subject to an inspection of its mechanical condition unless:

(i) specifically authorized by the Commander, Traffic Enforcement Branch; or

(ii) a person who is authorized in subsection (a) (1) of this section to conduct an inspection has reasonable grounds to believe the vehicle has not passed an inspection as indicated by the sticker or that the vehicle currently has safety defects.

(c) 396.9(b) Delete: "Authorized FHWA personnel" and replace with "personnel authorized in § (a) (1)";

(d) 396.9(c) (1) Add: "Approved by the Metropolitan Police Department" after "sticker" and add to end: "The Metropolitan Police Department shall determine and specify the criteria to be used in placing a vehicle out of service";

(e) 396.9(d) (3) (ii) Delete and replace with: "If the inspection report was issued by a special agent of the FHWA return the completed report to the BMCS office at the address indicated on the report, and forward a copy of the completed report to the Metropolitan Police Department, Motor Carrier Safety Unit"; and

(f) 396.9(d) (3) Add: "(iii) If the inspection report was issued by an officer of the Metropolitan Police Department, return the completed report to the Motor Carrier Safety Unit."

1405.8

Part 397 is amended to read as follows: 397.9(a) Add: "(1)" before "Unless"; and at end add: "(2) Motor vehicles containing hazardous materials not intended for local delivery shall traverse the District of Columbia on those routes designated for the transportation of hazardous cargo."

D.C. Mun. Regs. tit. 18, r. 18-1405

Final Rulemaking published at 47 DCR 8861 (November 3, 2000)