045-1 Wyo. Code R. § 1-15

Current through April 27, 2019

Section 1-15 - Safety Regulations

(a) The Department requires all motor carriers, as defined in W.S. 31-18-101, and carriers in interstate commerce, as defined in 49 C.F.R. 390.5, to comply strictly with:

(i) All Wyoming laws pertaining to safe operation and such rules and regulations promulgated by the Wyoming Department of Transportation.

(ii) The following hazardous materials regulations of the United States Department of Transportation: 49 C.F.R. Parts 107, 130, 171 through 173, and 177 through 180.

(iii) The following motor carrier safety regulations of the United States Department of Transportation: 49 C.F.R. Parts 40, 373, 382, 383, 385, 390, 391, 392, 393, 395, 396, and 397 for interstate transportation and as amended in the appendix to these rules for intrastate transportation.

(b) WYDOT shall conduct audits and inspections as needed to enforce state and federal laws related to interstate and intrastate motor carrier operations. The Department's authorized employees or agents may enter, inspect, and examine any lands, buildings, and equipment of motor carriers subject to this section to inspect and copy any accounts, books, records, and documents to administer and enforce state and federal laws related to motor carrier operation provided:

(i) WYDOT's authorized employees or agents shall schedule an appointment with the motor carrier before entering, inspecting, or examining any facility or records of a motor carrier; but

(ii) If the Department's authorized employees or agents believe that a violation is involved and that a scheduled appointment would compromise the detection of the alleged violation, no appointment is necessary.

(iii) A motor carrier shall submit its lands, buildings, and equipment for inspection and examination and shall submit accounts, books, records, and documents for inspection and copying in accordance with this section.

(c) When a motor carrier receives a compliance review, the motor carrier shall receive one of the following ratings:

(i) Satisfactory-The carrier may be required to submit a letter of compliance within a designated period of time to WYDOT. A follow up compliance review may be conducted.

(ii) Unsatisfactory-The carrier shall be required to submit a letter of compliance to the Department within 30 days. A follow-up compliance review shall be conducted. If the carrier fails to receive a satisfactory rating, the Department shall take further action against it for noncompliance.

(d) These regulations shall authorize placing a driver out-of-service for driving or working in excess of hours of service or any other conditions identified in the federal safety standards and found by WYDOT to contribute to unsafe operations. The out-of-service conditions shall preclude a driver from driving until the condition for placing the driver out-of-service is remedied. These regulations shall additionally authorize placing a vehicle out-of-service because of mechanical or operational dysfunction causing a vehicle to be unsafe. The out-of-service condition shall preclude using the vehicle until the condition for placing the vehicle out-of-service has been remedied. These regulations shall use the established material from the Commercial Vehicle Safety Alliance (CVSA) in Appendix A of the North American Uniform Out-of-Service Criteria for placing drivers, vehicles, and hazardous materials shipments out-of-service. These regulations shall remain current with North American Uniform Out-of-Service Criteria as changes are made.

045-1 Wyo. Code R. § 1-15