Current through Register Vol. 54, No. 45, November 9, 2024
Section 33.91 - General regulations(a) Each motor vehicle shall be inspected at the regular intervals prescribed by law and shall display a valid Commonwealth inspection certificate or be in compliance with the applicable reciprocity provisions of the Vehicle Code of Pennsylvania (75 P. S. § 101 et seq.). Each motor vehicle shall conform with all other provisions of the Vehicle Code and laws applicable to its type and classification.(b) Each motor vehicle shall have fixed seats provided for the total number of persons permitted to ride therein, based upon the following: (1) If the driver's seat is bench-type and 56 inches or greater in width, not more than two persons in addition to the driver may ride thereon. A minimum of 24 inches shall be allowed for the accommodation of the driver.(2) Individual or bench-type seats for passengers shall provide a minimum of 16 inches width per person.(c) Each motor vehicle shall be provided with adequate controlled ventilation designed to avoid infiltration of gas fumes. Vehicles used during winter months shall have provisions for heating to a level of at least 45° F. in the compartments of both passengers and drivers. Adequate lighting shall be provided for entrance and exit with steps and handholds where appropriate.(d) Each motor vehicle shall carry a basic minor repair kit, including jack, wheel lug wrench, and flashlight for roadside service; warning devices to indicate stalled or stopped vehicles, including signs, flags, and flares, shall also be carried.(e) Each motor vehicle shall carry an adequate first aid kit suitable for the number of employes transported.(f) A fire extinguisher of the dry chemical multipurpose type shall be available to the driver. An additional extinguisher shall be available in the passenger compartment of any motor vehicle intended to transport more than five passengers. Fire extinguishers shall have an Underwriters Laboratories, Incorporated, classification and rating of "1-A," "4-B," "C," or superior. An Underwriters' Laboratories, Incorporated, or an Underwriters of Canada classification and rating label shall be affixed to each extinguisher.(g) Safety equipment, small tools, and materials shall be stored in a safe manner, but be readily accessible for use, by means of brackets, clamps, or compartmented boxes attached to the body or frame of the vehicle.(h) Hand tools, articles of equipment, or materials used by the work crews may be carried in the passenger compartment of a vehicle if properly stowed. Items which might be hazardous to passengers, if dislodged by sudden motion, acceleration, braking, or stopping, shall be securely fastened to the vehicle body or frame by clamps, brackets, or lashing, or enclosed in storage bins or cribs.(i) Gasoline or other flammable liquids, such as paint solvent, thinners, oils for snow or weed burning, and the like, may not be transported in the same compartment as passengers. Flammable liquids used in operations by personnel may be transported by the same vehicle, provided they are kept in underwriter-approved closed containers secured to the vehicle outside of the passenger compartment.(j) Transportation of explosives and detonators shall conform with all appropriate provisions 75 Pa.C.S. (relating to Vehicle Code) and the regulations of the Hazardous Substances Transportation Board of the Commonwealth. No explosives or detonators may be carried on vehicles transporting personnel other than qualified blast men, one of whom shall be the driver of the vehicle.(k) Each motor vehicle shall be maintained in a clean, sanitary, and safe mechanical and physical condition by means of regularly scheduled service and maintenance. Such regularly scheduled service and maintenance, other than the inspection or testing required by the driver as set forth in subsection (l) of this section, shall be conducted by personnel other than those regularly using the vehicle. Employes shall cooperate in maintaining clean and sanitary conditions.(l) Inspection or testing by the driver of all parts vital to the safe operation of vehicles, such as brakes, steering gear, tires, lights and signalling devices, shall be made at the beginning of each shift or each day, and as often as necessary during use. Any condition found then or at any other time which will prevent the safe operation of the vehicle shall be corrected before such vehicle is used.(m) Each vehicle driver shall be at least 18 years of age and possess a valid driver's license issued by this Commonwealth for the type of vehicle used and service performed or comply with the applicable reciprocity provisions 75 Pa.C.S. (relating to Vehicle Code). The driver shall be responsible for the safe and legal operation of the vehicle and have full authority for its control. If not more than five persons comprise the work crew, the vehicle driver may be responsible for the conduct of the passengers. If a foreman or leader is present, such individual shall be responsible for the safe and disciplined behavior of personnel while in transit.(n) In vehicles where the driver's compartment is separate from the compartment used to transport employes, provision shall be made for communication between the driver and the passengers.(o) Each common carrier railroad, its officers, agents, representatives, and other personnel responsible for compliance with the provisions of this section shall be familiar with the requirements of this section.The provisions of this §33.91 were formerly designated Rule 24 by the Commission. This section cited in 52 Pa. Code § 33.92 (relating to transportation of employes).