PA State Police
Commercial Vehicle Services
Section
Kevin N. Stewart
Program Administrator
PA Public Utility
Commission
Motor Carrier Services &
Enforcement Division
Gerard L. Clark
Safety Coordinator
Motor Carrier Services & Enforcement Division
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This Division is responsible for all aspects of
Motor Carrier Transportation Regulation
The Safety Office oversees inspections and
audits of Trucks, Buses, Taxis, Limousines, and
their respective operations by 43 officers &
supervisors in 5 Districts.
The Compliance Office prepares enforcement
actions and ensures all motor carriers maintain
appropriate insurance
PUC Authority Types

The PUC issues certificates of public
convenience to the following types of carriers:
 Passenger-
To transport passengers for
compensation in intrastate commerce.
 Property-To Transport property for compensation
in intrastate commerce.
 Property (Household Goods)-To transport household
goods in use for compensation in intrastate
commerce.
 The PUC regulates approximately 7,500 carriers in
Pennsylvania
Property Carriers
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Property carriers may transport property, except
household goods in use, within points in
Pennsylvania over unrestricted routes, for any rate of
compensation. (Preemption 1994-Aviation Authority
Act)
Application requires $100.00 fee, an annual
assessment, or participation in the UCR program &
minimum level of insurance.
Transportation of Household Goods in Use require a
separate certificate of Public Convenience.
Applicants are also required to submit to a Safety
Fitness Review
Safety Fitness Review
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The Safety Review is an evaluation of a carrier’s
safety management controls.
The Commission’s requirements with some
exceptions, incorporate the FMCSR’s .
It also serves as an educational opportunity for
carriers & ensure future compliance.
Carrier is given a Satisfactory or Unsatisfactory
rating.
Safety Fitness Review
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An unsatisfactory rating requires that a carrier
submit to a second review, which must result in
a satisfactory rating to retain a certificate of
operating authority.
If a carrier is cancelled for failure to attain a
satisfactory rating within 180 days, the carrier
may apply for a new application and submit a
safety plan for review. Upon approval, a third
SFR may be authorized.
Safety Fitness Review

A safety Fitness Review covers the following
categories:
 Drug

& Alcohol Testing Records-
Test results, semi annual lab summaries, agreements with
collection sites, labs, MRO’s and consortia, educational
materials, testing policies, and annual summary alcohol/drug
testing
 Driver
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Qualifications-
Driver application for employment, medical certification, road
test, check of previous employment and driving history.
Safety Fitness Review
 Vehicle
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Vehicle list, make, model, VIN, tire size, inspection, repair
and maintenance dates, and when due for inspection and
maintenance.
 Hours

A
Maintenance Records-
of Service Records-
Either a Record of Duty Status (LOG BOOK) or Time
Records for drivers operating under exceptions.
current copy of the Federal Motor Carrier Safety
Regulations or electronic access.
 Policies for controlling speed and the transportation of
passengers.
Safety Audit
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Safety Audit is an examination of a PUC
Carriers’ operations to evaluate the safety
performance and regulatory compliance.
Safety Audit triggers may include the following:
 Recordable
accidents
 Elevated Vehicle/Driver OOS rate
 Validated complaint.
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A Safety Audit is punitive in nature, but also
requires compliance verification
FMCSA Interstate Transportation
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Carriers that operate in “interstate commerce”
must obtain a US DOT# www.fmcsa.dot.gov
“For Hire” carriers that transport non-exempt
commodities must also register for “operating
authority” 49 U.S.C. 13902
Selected PSP & PUC Officers participate in the
conduct of New Entrant Safety Audits on behalf
of FMCSA.
Exemptions
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The following operations are exempt from the
requirement for PUC authority:
 anti-skid
in dump trucks
 ashes in dump trucks
 buy and sell operations (distributor)
 excavated materials in dump trucks
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purpose of excavation is create a hole or cavity and soil has
no value.
 Farm
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owner and operator
agricultural products from a farm or farm supplies to a farm.
Exemptions
 Free
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transportation
No compensation of any type.
 Incidental
to primary non-transportation business
 Interstate transportation
 Logs from a wood lot
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an area devoted to the area of growing trees
 Wrecked
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or disabled motor vehicles
in condition they must be towed, or one subsequent location
does not include salvaged vehicles to and from auctions
Exemptions
 Private
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property by the owner to himself or to purchasers directly
from him, in vehicles owned and operated by the owner of
the property.
 Road
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Transportation
construction materials
Must be to construction site, repair site of road (public or
private), or stockpile.
Does not include materials used for parking lots.
 Rubbish
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in dump trucks
Does not include recycled materials
 Waste
- no value.
Roadside Safety Inspections
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Enforcement Officer Authority
 Public
Utilities 66 CS, section 307 and 506 establish
authority for PUC Enforcement Officers to stop
vehicles, without probable cause for purposes of
inspecting bills of lading and cargo. It also
establishes that PUC carriers are subject to
inspection of equipment and facilities at any time.
 Motor Vehicle Code Title 75, section 4704, establish
authority for systematic inspection or as a result of
probable cause, under the MCSAP program.
Who Do the Safety Regulations Apply to?
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"Motor carrier vehicle."
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(1) A truck, truck tractor or combination having a gross vehicle
weight rating, gross combination weight rating, registered
gross weight, registered combination weight or actual gross
weight of 17,001 pounds or more.
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(2) A truck, truck tractor or combination engaged in interstate
commerce, or certificated with the PUC, and having a gross
vehicle weight rating, gross combination weight rating,
registered gross weight, registered combination weight or
actual gross weight of 10,001 pounds or more.
Roadside Safety Inspections
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Levels of Inspection:
 Level
I - Includes a complete inspection, vehicle
and driver, including an examination of the
undercarriage of vehicle and brake system.
 Level II - Includes an inspection of the vehicle and
driver, excluding the undercarriage and brake
system.
 Level III - Includes an inspection limited to the
requirements of a driver.
 Level IV - A special Inspection Project
 Level V - A terminal Inspection excluding driver
Roadside Safety Inspection
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Inspection Procedure
 Inspections
are performed in accordance with the North
American Standard Inspection Procedure. May be
reviewed at www.cvsa.org.
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Out of Service Vehicle
 Vehicles/Drivers
shall be placed out of service in
accordance with the North American Standard CVSA Out
of Service Criteria
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Citations
 Issued
by Officers, mainly for Out of Service, registration
violations, or multiple other violations.
Roadside Safety Inspection
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CVSA Decals
 Decals are affixed to vehicles that complete a Level I
or V inspection, and no defects were discovered of
critical inspection items.
 Decals are used to identify vehicles that have been
recently inspected. Current valid stickers would
generally exempt a vehicle from reinspection.
 An obvious out of Service defect of a critical
inspection item would result in re-inspection of the
vehicle.
Technology
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Inspectors are employing the use of laptop
computers for inspection purposes.
 Carrier
profiles are available before an inspection with
on-line Inspection Selection System.
 Inspection reports are electronically submitted to
FMCSA Safetynet system.
 Real-time information of carrier’s profiles and drivers
is obtained from SAFER.
How to Obtain Authority
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Applications for authority are available on-line at
www.puc.state.pa.us
Posted Roads and Permits
Title 75, Chapter 49
§ 4902~Restrictions on use of highways and
bridges
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(a) Restrictions based on condition of highway or bridge.-The
Commonwealth and local authorities with respect to highways and
bridges under their jurisdictions may prohibit the operation of
vehicles and may impose restrictions as to the weight or size of
vehicles operated upon a highway or bridge only when they
determine by conducting an engineering and traffic study as
provided for in department regulations that the highway or bridge
may be damaged or destroyed unless use by vehicles is prohibited
or the permissible size or weight of vehicles is reduced. School
buses, emergency vehicles and vehicles making local deliveries or
pickups may be exempted from restrictions on the use of highways
imposed under this subsection.
Title 75, Chapter 49
§ 4902~Restrictions on use of highways and
bridges
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(c) Permits and security.-The Commonwealth and local
authorities may issue permits for movement of vehicles of size and
weight in excess of restrictions promulgated under subsections (a)
and (b) with respect to highways and bridges under their
jurisdiction and may require such undertaking or security as they
deem necessary to cover the cost of repairs and restoration
necessitated by the permitted movement of vehicles. In reference
to subsection (a), the Commonwealth and local authorities shall not
refuse to issue a permit with respect to a highway under their
jurisdiction if there is no reasonable alternate route available. For
purposes of this section, “reasonable alternate route” shall mean a
route meeting the criteria set forth in department regulations
relating to traffic and engineering studies.
TITLE 67 CHAPTER 189
HAULING IN EXCESS OF POSTED
WEIGHT LIMIT
§ 189.2. Definitions.
Local traffic—The following shall be regarded as local traffic for the purposes of
§ 189.3 (relating to local traffic):
(1) Emergency vehicles.
(2) School buses.
(3) Vehicles and combinations of governmental agencies and utilities or their
contractors engaged in construction or maintenance on a posted highway or
in a location which can be reached only via a posted highway.
(4) Vehicles and combinations going to or coming from a residence,
commercial establishment, or farm located on a posted highway or which
can be reached only via a posted highway.
§ 189.3 Local traffic.
(a) General rule. Over-posted-weight local traffic
may exceed posted weight limits unless the
posting authority determines that an over-postedweight vehicle or vehicles being driven to or from
a particular destination or destinations are likely
to damage the highway.
§ 189.3 Local traffic.
(b) Vehicles determined likely to damage highway.
If the posting authority determines that one or more
over-posted-weight vehicles are likely to damage the
highway, the posting authority will so notify the
registrants of the over-posted-weight vehicles or
owners of the destination or destinations, or both, and
will also notify State and local police. After 2 business
days following delivery of the notice, or after 5 days
following mailing of the notice, such over-postedweight vehicles shall not exceed the posted weight
limits except in accordance with the provisions of
§ 189.4 (relating to use under permit).
§ 189.3 Local traffic.
(c) Proof of local traffic status. The following
types of documents will constitute evidence that
a vehicle is local traffic:
(1) A bill of lading, shipping order or similar
document which shows a destination on the
posted highway.
(2) Certification by the permittee or an official
of a permittee company on the company
letterhead describing the local traffic nature of
the activity which the vehicle is engaged in.
§ 189.4 Use under permit.
(a) General rule. No over-posted-weight
vehicle, except local traffic authorized under
§ 189.3(a) (relating to local traffic), shall be
driven on a posted highway with a gross
weight in excess of the posted weight limit
unless the posting authority has issued a
permit for the vehicle or vehicles in
accordance with this section.
§ 189.4 Use under permit.
(b) Types of permits. Types of permits shall
include the following:
(1) A Type 1 permit authorizes use of a
particular posted highway or portion thereof by
an over-posted-weight vehicle. It is valid only
when carried in the over-posted-weight vehicle.
(2) A Type 2 permit authorizes use of a particular posted
highway or portion thereof by any number of over-postedweight vehicles being driven to or from a common destination.
(i) Documents of the type set forth in § 189.3(c) (relating
to local traffic) will constitute evidence of the destination of a
vehicle.
(ii) A Type 2 permit will be issued only upon request of the
permittee and if the posting authority determines that it is not
feasible to issue a Type 1 permit for each vehicle, for
example, most over-posted-weight vehicles hauling to and
from the place of business of the permittee belong to or are
hauling under contract with customers or suppliers of the
permittee.
(3) A Type 3 permit authorizes use of a number of
specified posted highways or portions thereof by an
over-posted-weight vehicle.
(i) A Type 3 permit is valid only when carried in
the over-posted-weight vehicle.
(ii) A Type 3 permit is issued only if the posting
authority determines that damage to the posted
highway covered by the permit will be minimal
because of the limited number of moves by overposted-weight vehicles and short term use of the
highways anticipated by the permittee.
(d) Security. Except as provided in paragraph (4), the
permittee shall be required to provide security in favor of
the posting authority to assure compliance with the
maintenance-reconstruction agreement.
(1) Amount of security. Amount of security shall
be as follows:
(i) Type 1 and Type 2 permits. Type 1 and Type 2 permits shall
include:
(A) $6,000 per linear mile for unpaved highways to be
maintained at a level consistent with the type of highway.
(B) $12,500 per linear mile for paved highways to be
maintained at a level consistent with the type of highway.
(C) $50,000 per linear mile for any highway which the
posting authority allows to be maintained below a level
consistent with the type of highway.
(ii) Type 3 permits. $10,000 for each county or municipality
covered by the permit.
Penalties for Violating 4902
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(g) Penalty.-(1) Any person operating a vehicle or combination
upon a highway or bridge in violation of a
prohibition or restriction imposed under subsection
(a) is guilty of a summary offense and shall, upon
conviction, be sentenced to pay a fine of $75,
except that any person convicted of operating a
vehicle with a gross weight in excess of a posted
weight shall, upon conviction, be sentenced to pay
a fine of $150 plus $150 for each 500 pounds, or
part thereof, in excess of 3,000 pounds over the
maximum allowable weight.
What Does that Mean?
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70,000 lb. Truck 10 Ton Posted Road
Penalty
– 20,000 (10 tons) = 50,000
 50,000 – 3,000 ($150.00) = 47,000
 47,000 ÷ 500 = 94
 94 x $150 = $14,150.00
 $14,150.00 + $150.00 = $14,300.00
 70,000
Questions?