Adoption Of Department Of Transportation Safety Regulations

(1) The Commissioner of Safety and Homeland Security hereby adopts the interstate motor carrier noise emission standards, federal motor carrier safety regulations, and all subsequent amendments thereto, promulgated, approved, and adopted by the United States Department of Transportation contained in Title 49 of the Code of Federal Regulations, Subtitle B, Chapter III, Sub-Chapters A and B, except for 49 C.F.R. § 391.11(b)(1) for Intrastate motor carriers and 49 C.F.R. § 398. quantities of a Class 7 material, as defined in 49 CFR 173.403 For-Hire and Private (in interstate, intrastate, or foreign commerce, in any quantity; with a gross vehicle weight rating of 10,001 or more pounds) Oil listed in 49 CFR 172.101; hazardous waste, hazardous materials, and hazardous substances defined in 49 CFR 171.8 and listed in 49 CFR 172.101, but not mentioned in (b) above or (d) below $1,000,000 For-Hire and Private (in interstate, intrastate, or foreign commerce, with a gross vehicle weight rating of less than 10,001 pounds) In bulk Division 1.1, 1.2, or 1.3 material; in bulk Division 2.3, Hazard Zone A material; in bulk Division 6.1, Packing Group I, Hazard Zone A material; or highway route controlled quantities of a Class 7 material as defined in 49 CFR 173.403 $5,000,000 Motor Carrier and Contract Hauler with a gross vehicle weight rating of less than 10,001 pounds Property $300,000 RULES AND REGULATIONS AS TO SUPERVISION AND CONTROL CHAPTER 1340-06-01 OF MOTOR VEHICLES AND MOTOR BUSES (2) The Commissioner of Safety and Homeland Security may authorize any officer or agent of the Department of Safety and Homeland Security to: (a) Enter, inspect, and examine all transportation safety related documents and documents required by T.C.A. Chapter 65 Part 15 and Rules Ch. 1340-06-01, such as all records and information pertaining to any accident, driver’s records of duty status, bills of lading, shipping records, driver time and payroll records, driver qualification records, vehicle maintenance records, electronic records, other supporting documents and equipment for inspection or copying during regular business hours of any person or Motor Carrier, to the extent those records or properties relate to this Chapter and the transportation of hazardous materials, freight, or passengers; and (b) Stop and inspect any transport vehicle or part thereof for any violation of this Chapter or any regulation issued pursuant thereto. (c) Upon request of the owner or operator, the officer or agent shall display a valid Tennessee Department of Safety and Homeland Security identification card. (3) Out-of-Service Criteria and Sticker. The Tennessee Highway Patrol will follow the procedures as outlined in the North American Standard Out-of-Service Criteria issued by the Commercial Vehicle Safety Alliance (CVSA). (a) If a commercial motor vehicle is operated in violation of any safety regulation or requirement listed in the CVSA Out-of-Service Criteria, an officer of the Tennessee Highway Patrol shall place the commercial motor vehicle/commercial motor vehicle operator out-of-service and is authorized to affix to the vehicle a notice indicating the nature of the violation and requiring its correction before the commercial motor vehicle is further operated. (b) Refusal of the vehicle operator to grant permission for a law enforcement officer or inspector to conduct a safety inspection of the vehicle shall be cause for the officer or inspector to place the vehicle out-of-service. (c) Refusal of the commercial motor vehicle driver to grant permission for a law enforcement officer or inspector to conduct a safety inspection regarding the driver himself shall be cause for the officer or inspector to place the driver out-of-service until permission is granted.