6103 - Promulgation of rules and regulations by department.
§ 6103. Promulgation of rules and regulations by department. (a) General rule.--In addition to the specific powers granted to the department by this title to promulgate rules and regulations, the department shall have the power in accordance with the provisions of the act of July 31, 1968 (P.L.769, No.240), referred to as the Commonwealth Documents Law, to promulgate, consistent with and in furtherance of this title, rules and regulations in accordance with which the department shall carry out its responsibilities and duties under this title. (b) Legislative approval of mass transit inspection regulations.--(Repealed). (c) Adoption of Federal statute, regulation, standard or criteria.--The department shall be authorized to adopt by reference any Federal statute, regulation, standard or criteria or provision thereof relating to vehicles or drivers, including, but not limited to, minimum driver qualifications, maximum hours of service, loading, unloading, hazardous materials, operation, equipment, records and inspection. (1) The department shall be authorized to extend the coverage of any Federal statute, regulation, standard or criteria adopted under this subsection to vehicles and drivers operating only in intrastate commerce, except as follows: (i) (Deleted by amendment). (ii) No Federal statute, regulation, standard or criteria pertaining to drivers, including, but not limited to, minimum driver qualifications, maximum hours of service or driver records, shall be extended to cover farm trucks, except farm trucks carrying hazardous materials in an amount and type which require the vehicle to be placarded under Chapter 83 (relating to hazardous materials transportation). (2) The regulations promulgated by the department under paragraph (1) may be modified, but shall, to the maximum extent possible, be consistent with safety and correspond to Federal regulations, standards or criteria. (d) Modification of Federal statute, regulation, standard or criteria.--If any Federal statute, regulation, standard or criteria adopted by the department is amended or modified by the Federal Government, the amendment or modification shall have the effect of so amending or modifying the department's regulations. The amendment or modification shall take effect 60 days after the effective date of the Federal amendment or modification unless the department publishes a notice in the Pennsylvania Bulletin stating that the amendment or modification shall not take effect. (e) Additional penalties.-- (1) In addition to any other penalty provided by law, the department may promulgate regulations providing for the suspension of the operating privilege, vehicle registration and fleet inspection privilege of: (i) Any person who fails to pay any fee, charge or fine levied under this title. (ii) Any person the department finds has repeatedly operated or caused or permitted the operation of motor carrier vehicles or buses placed out of service under section 4704(c) (relating to inspection by police or Commonwealth personnel). (2) Except in the case of a person having been convicted of a violation, the department shall provide the opportunity for a hearing prior to imposing a suspension. The department shall be authorized to charge an administrative fee, based on department costs, if the person requests a hearing. (June 18, 1980, P.L.223, No.67, eff. imd.; June 25, 1982, P.L.633, No.181, eff. Jan. 1, 1983; June 19, 1985, P.L.49, No.20, eff. 60 days; June 19, 2001, P.L.281, No.21, eff. imd.; Nov. 26, 2008, P.L.1658, No.133, eff. 60 days) 2008 Amendment. Act 133 amended subsec. (c). 2001 Amendment. Act 21 amended subsecs. (c) and (d). 1985 Amendment. Act 20 added subsecs. (c), (d) and (e). 1982 Repeal Note. Act 181 repealed subsec. (b). Cross References. Section 6103 is referred to in sections 1603, 3716, 4107 of this title.