Current through September 24, 2024
(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.
(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.
Authority: T.C.A. §§
65-15-106 and
65-15-113.
