TITLE 150: DEPARTMENT OF PUBLIC SAFETY

Chapter 50.2. TITLE 150: DEPARTMENT OF PUBLIC SAFETY

TITLE 150: DEPARTMENT OF PUBLIC SAFETY SUBCHAPTER 150-50.2 MOTOR CARRIER SAFETY REGULATIONS Part 001 General Provisions § 150-50.2-001 Purpose Part 200 Enforcement § 150-50.2-201 Power of Sworn DPS Part 100 Adoption of Federal Motor Officers Carrier Safety Regulations; Amendments § 150-50.2-205 Carrier Fine Schedule § 150-50.2-101 Adoption of Federal Motor Carrier Safety Regulations Appendix A Department of Public § 150-50.2-105 Amendments Safety Uniform Out-of-service Criteria § 150-50.2-110 Description of Federal Reference to Uniform Fine Schedule Regulations Adopted Subchapter Authority: 1 CMC § 2507; 9 CMC § 3114. Subchapter History: Amdts Proposed 21 Com. Reg. 16432 (Jan. 18, 1999);* Adopted 19 Com. Reg. 15399 (June 15, 1997); Proposed 19 Com. Reg. 15094 (Feb. 15, 1997). *A notice of adoption for the 1999 proposed amendments has not been published. Commission Comment: PL 1-8, tit. 1, ch. 10, codified as amended at 1 CMC §§ 2501-2507, creates the Department of Public Safety (DPS) within the Commonwealth government, composed of a police force. See 1 CMC § 2501; see also PL 14-25 § 3 (effective Aug. 20, 2004) (amending 1 CMC § 2501). 1 CMC § 2504(f) authorizes the Department to inspect motor vehicles and enforce motor vehicle registration laws. 1 CMC § 2507 directs the Department to adopt rules and regulations regarding activities over which it has jurisdiction. Title 9 of the Commonwealth Code sets forth the vehicle code for the CNMI. 9 CMC § 1201 creates a Bureau of Motor Vehicles (BMV) within the Department of Public Safety. The BMV is authorized to administer the vehicle code and to develop rules and regulations necessary to carry out the administration of the laws vested in the Bureau for adoption by the Director of DPS. 9 CMC § 1204. PL 10-11 (effective June 6, 1996), the “Motor Carrier Safety Act of 1996,” codified at 9 CMC §§ 1102 and 3114, directs DPS to adopt rules and regulations that prescribe the permissible requirements for motor carriers, motor carrier drivers, equipment, the transportation of hazardous materials and sanctions for their violations which are consistent with comparable regulations of the United States Department of Transportation contained in title 49 of the United States Code of Federal Regulations. See 9 CMC § 3114. Part 001 - General Provisions § 150-50.2-001 Purpose The regulations in this subchapter are being adopted pursuant to PL 10-11 [9 CMC §§ 1102 and 3114] and 1 CMC §§ 2501, et seq. They are designed to provide minimum safety requirements for motor carriers and to establish a mechanism of inspection to ensure compliance with the law and these regulations. These regulations have been established by the U.S. Department of Transportation. Modified, 1 CMC § 3806(d), (f).

TITLE 150: DEPARTMENT OF PUBLIC SAFETY History: Adopted 19 Com. Reg. 15399 (June 15, 1997); Proposed 19 Com. Reg. 15094 (Feb. 15, 1997). Part 100 - Adoption of Federal Motor Carrier Safety Regulations; Amendments § 150-50.2-101 Adoption of Federal Motor Carrier Safety Regulations (a) The Department of Public Safety (DPS) hereby adopts by reference the following regulations contained in 49 Code of Federal Regulations (CFR) parts 107, 171-173 inclusive, 178 and 180 (as revised on October 1, 1995). DPS also adopts by reference parts 382, 383, 387, 390-393, 395-397 and part 40 inclusive and appendices D, E and G (as revised on February 1, 1996). (b) A copy of these federal regulations may be purchased through the Superintendent of Public Documents, U.S. Government Printing Office, Washington, D. C. 20402. Modified, 1 CMC § 3806(f). History: Adopted 19 Com. Reg. 15399 (June 15, 1997); Proposed 19 Com. Reg. 15094 (Feb. 15, 1997). Commission Comment: The original paragraphs were not designated. The Commission designated subsections (a) and (b). The 1997 notice of adoption changed the proposed language of subsection (a). § 150-50.2-105 Amendments The regulations referenced in § 150-50.2-101 are adopted in their entirety with the following amendments: (a) The term “state” is amended to read: Commonwealth of the Northern Mariana Islands (CNMI). (b) References to the Department of Transportation, the Federal Highway Administration and the Office of Motor Carrier Safety are amended to refer to the Department of Public Safety (DPS) and the Bureau of Motor Carriers (BMC). (c) References to the Federal Highway Administrator and to the Director are amended to refer to the Commissioner of DPS and to the officer in charge (OIC) of BMC. (d) References to special agents are amended to include sworn police officers of DPS. (e) Interstate also means inter island and intrastate also means intra island where applicable. (f) The definition of “motor carrier” in 49 CFR is amended to read: “Motor carrier” includes interstate, intrastate and inter island, intra island, common, contract and private carriers of property and passengers, including their agents, officers and representatives. (g) The definition of “commercial motor vehicle” in 49 CFR includes the term “motor carrier” as defined in 9 CMC § 1102 and is amended to read: “Commercial motor vehicle” © 2016 by The Commonwealth Law Revision Commission (August 30, 2016) Page 2 of 9

TITLE 150: DEPARTMENT OF PUBLIC SAFETY means any self-propelled or towed vehicle used on public roads or highways in: (1) Interstate or inter island commerce to transport passengers or property if the vehicle: (i) Is designated to transport more than 8 passengers including the driver; or (ii) Is used in the transportation of hazardous materials of any quantity; or (iii) Has a gross vehicle weight rating or gross combination weight rating of 10,001 or more pounds. (2) Intrastate or intra island commerce to transport passengers or property in the vehicle as described in subsection (g)(1) above or: (i) Is owned or operated by a motor carrier subject to the jurisdiction of the CNMI; or (ii) If the vehicle is not one described in subsections (g)(1)(i) or (ii) above, the vehicle is subject only to those provisions of 49 CFR 390, 391.51, 392.2, 393.4, 392.5, 392.9, 396.3(b)(2), 2393 and 397. (h) The minimum levels of financial responsibility established in 387.7 schedule of limits is amended to read: (1) Type of Carriage: For-hire interstate or foreign commerce, with a gross weight rating of 10,001 or more pounds. (i) Commodity transported: property (nonhazardous) (ii) Amendment: The minimum level of financial responsibility required is amended from $750,000to$375,000; (2) Type of Carriage: For-hire and private (in interstate, foreign, or intrastate commerce, with a gross vehicle rating of 10,001 or more pounds). (i) Commodity transported: Hazardous substances, as defined in 49 CFR 171.8 transported in cargo tanks, portable tanks, or hopper-type vehicles with capacities in excess of 3,500 water gallons; or in bulk division 1.1 etc. (ii) Amendment: The minimum level of financial responsibility required is amended from $5,000,000to$2,500,000. (3) Type of carriage: For-hire and private (in interstate or foreign commerce; in any quantity; or in intrastate commerce, in bulk only with a gross vehicle weight rating of 10,000 or more pounds). (i) Commodity transported: Oil listed in 49 CFR; hazardous waste; hazardous materials and hazardous substances defined in 49 CFR 171.8 and listed in 49 CFR 172.101, but not mentioned in subsection (h)(2) above or (h)(4) below. (ii) Amendment: The minimum level of financial responsibility required is amended from $1,000,000to$500,000. (4) Type of carriage: For-hire and private (in interstate or foreign commerce with a gross vehicle weight rating of less than 10,000 pounds). (i) Commodity transported: Any quantity of division 1.1, 1.2, or 1.3 material; any quantity of division 2.3, Hazard Zone A, or division 6.1, Packing Group 1, Hazard Zone A material; or highway route controlled quantities of a class 7 material as defined in 49 CFR 173.403. (ii) Amendment: The minimum level of financial responsibility required is amended from $5,000,000to$2,500,000. (i) The minimum levels of financial responsibility established in 49 CFR 387.33 schedule of limits is amended as follows: (1) Vehicle seating capacity is amended from a seating capacity of 16 passengers or more. The minimum level of financial responsibility required is amended from $5,000,000 to © 2016 by The Commonwealth Law Revision Commission (August 30, 2016) Page 3 of 9

TITLE 150: DEPARTMENT OF PUBLIC SAFETY $2,500,000.(2)Vehicleseatingcapacityisamendedfromaseatingcapacityof15passengersorless.Theminimumleveloffinancialresponsibilityrequiredisamendedfrom$1,500,000 to $750,000. Modified, 1 CMC § 3806(c), (d), (f). History: Amdts Proposed 21 Com. Reg. 16432 (Jan. 18, 1999); Adopted 19 Com. Reg. 15399 (June 15, 1997); Proposed 19 Com. Reg. 15094 (Feb. 15, 1997). Commission Comment: The 1997 notice of adoption changed the proposed language of subsections (g), (g)(1)(i), (g)(1)(iii), (h)(1), and (h)(2). The 1999 amendments proposed to amend subsections (b), (c), (e), (g)(1)(i), and (g)(1)(iii) and to add new subsections (g)(1)(iv), (j), and (k). A notice of adoption has not been published and, therefore, the Commission has not incorporated the proposed changes. The references to the Bureau of Motor Carriers in this section are unclear. 9 CMC § 1201 creates a Bureau of Motor Vehicles (BMV) within the Department of Public Safety. § 150-50.2-110 Description of Federal Regulations Adopted (a) 49 CFR 107. Hazardous Materials Program Procedures: Prescribes procedures and duties of the regulating agencies pertaining to the transportation of hazardous materials. (b) 49 CFR 171. Hazardous Materials Regulations: Prescribes the requirements of the Department of Transportation in the transportation of hazardous materials including hazardous waste, hazardous substances, flammable cryogenic liquids in portable tanks and cargo tanks and marine pollutants. (c) 49 CFR 172. Hazardous Materials Table, Special Provisions for Communications, Emergency Response and Training Requirements concerning Hazardous Materials: also contains label specifications. (d) 49 CFR 173. General requirements for packaging and shipping hazardous materials. (e) 49 CFR 177. Regulations concerning the shipment of hazardous materials: Includes provisions for inspections, loading and unloading of materials and regulations for hazardous materials on motor vehicles carrying passengers for hire. (f) 49 CFR 178. Specifications for packaging hazardous materials. (g) 49 CFR 180. Qualification and maintenance of bulk containers, cargo tanks and tank cars. (h) 49 CFR 382. Controlled Substances and Alcohol Use and Testing: Prohibits operators of commercial vehicles from using controlled substances or operating a commercial vehicle with an alcohol concentration of 0.04 or greater. Provides for drug and alcohol testing of commercial drivers. © 2016 by The Commonwealth Law Revision Commission (August 30, 2016) Page 4 of 9

TITLE 150: DEPARTMENT OF PUBLIC SAFETY (i) 49 CFR 383. Commercial Driver’s License Standards Requirements and Penalties: Requires commercial drivers to pass certain requirements of knowledge and skills for a commercial operator’s license. Provides for disqualification of commercial driver’s licenses as a result of certain prohibited acts. (j) 49 CFR 387. Minimum Levels of Financial Responsibility for Motor Carriers. Specified portions of this part are amended in the CNMI. See above. (k) 49 CFR 390. Establishes general requirements and information for motor carriers including compliance with driver regulations, prohibition against driving while under the influence of alcohol. (l) 49 CFR 391. Establishes minimum qualifications for commercial motor vehicle drivers. (m) 49 CFR 392. Establishes certain rules for operation of commercial vehicles. (n) 49 CFR 393. Requires safety equipment for commercial vehicles. (o) 49 CFR 385. Establishes maximum hours of service for commercial operators. (p) 49 CFR 396. Provides for inspection, repair and maintenance of commercial vehicles. (q) 49 CFR 397. Establishes rules concerning the transportation, driving and parking of vehicles carrying hazardous materials. (r) 49 CFR 40.* Establishes procedures drug and alcohol testing programs in the workplace. Requires employers of commercial operators follow certain procedures for the testing of alcohol or drugs. *So in original. (s) 49 CFR Appendix D. Table of disqualifying drugs and other substances, schedule I. (t) 49 CFR Appendix E. Tables of disqualifying drugs and other substances, schedules II through V. (u) 49 CFR Appendix G. Minimum periodic inspection standards. Modified, 1 CMC § 3806(f), (g). History: Amdts Proposed 21 Com. Reg. 16432 (Jan. 18, 1999); Adopted 19 Com. Reg. 15399 (June 15, 1997); Proposed 19 Com. Reg. 15094 (Feb. 15, 1997). Commission Comment: In subsection (s), the Commission inserted the final period to ensure consistent punctuation in this section. The 1999 amendments proposed to amend subsection (r). A notice of adoption has not been published and, therefore, the Commission has not incorporated the proposed changes. Part 200 - Enforcement © 2016 by The Commonwealth Law Revision Commission (August 30, 2016) Page 5 of 9

TITLE 150: DEPARTMENT OF PUBLIC SAFETY § 150-50.2-201 Power of Sworn DPS Officers Sworn officers of DPS have the power to enforce the regulations in this subchapter and may: (a) Enter the property of a shipper or carrier during regular business hours to inspect records, facilities, cargo and cargo areas and vehicles, and (b) Conduct random or scheduled inspections of any commercial vehicle operating on a public road or highway. (c) Conduct random or scheduled inspections on any other motor vehicle which is transporting, or suspected of transporting, hazardous materials of any quantity on public roads and highways. Modified, 1 CMC § 3806(d), (f). History: Adopted 19 Com. Reg. 15399 (June 15, 1997); Proposed 19 Com. Reg. 15094 (Feb. 15, 1997). Commission Comment: The Commission created the section titles in part 200. § 150-50.2-205 Carrier Fine Schedule Carrier fine schedule is attached in appendix A. This schedule will be maintained by DPS Bureau of Motor Carriers and may be revised without the necessity of passing specific regulations adopting a new schedule. Modified, 1 CMC § 3806(f). History: Adopted 19 Com. Reg. 15399 (June 15, 1997); Proposed 19 Com. Reg. 15094 (Feb. 15, 1997). Commission Comment: The 1999 amendments proposed to add a new section to this part. A notice of adoption has not been published and, therefore, the Commission has not incorporated the proposed changes. See 21 Com. Reg. at 16443 (Jan. 18, 1999). The reference to the Bureau of Motor Carriers in this section is unclear. 9 CMC § 1201 creates a Bureau of Motor Vehicles (BMV) within the Department of Public Safety. © 2016 by The Commonwealth Law Revision Commission (August 30, 2016) Page 6 of 9

TITLE 150: DEPARTMENT OF PUBLIC SAFETY Appendix A Department of Public Safety Uniform Out-of-service Criteria Reference to Uniform Fine Schedule Driver Out-of-Service Criteria Driver Uniform Fine Schedule Paragraph Violation Group One Driver Two Three Violation Within Within Same Same Group Group Driver Under 18 3 $30$90 $150NoOperatorsLicense(non-CDL)3$30 $90$150 CDL Violations 3 $30$90 $150DisqualifiedDriver1$500 $1,000$1,500 Drug Possession 1 $500$1,000 $1,500UndertheInfluence(Drugs)1$500 $1,000$1,500 Intoxicating Beverage (Detectable 1 $500$1,000 $1,500Presence/UndertheInfluence/PossessionOpenContainerIntoxicatingBeverage(Unopen3$30 $90$150 container in cab) Violation of Out-of-Service Notice (Each Notice, Not Each Offense) $1,000Note:MaximumAccumulatedFineforeachgroupisthehighestfineindicatedforeachgroup.Forexample,threeseparateviolationsforanygroup3itemwouldbe$150 for those three violations. Note: Group = The severity rating assigned to each violation with the #1 being the most severe. Vacuum System Reserve 1 $100$300 $600VacuumHosesorLines2$50 $150$250 Coupling Devices, All (When In Use) 1 $100$300 $600ExhaustSystem(All)3$30 $90$150 Frame System Cracked, Broken, Displaced 1 $100$300 $600TireandWheelClearance1$100 $300$600 Adjustable Axle (Pins and Locks) 2 $50$150 $250FuelSystemLeaking,MissingCap3$30 $90$150 Fuel Tank Mounting 2 $50$150 $250LightingDevices(WhenLightsAreRequired)HeadandTailLamps2$50 $150$250 Turn and Stop Lamps 2 $50$150 $250SafeLoading1$100 $300$600 Steering Mechanism 1 $100$300 $600Suspension2$50 $100$150 Tires © 2016 by The Commonwealth Law Revision Commission (August 30, 2016) Page 7 of 9

TITLE 150: DEPARTMENT OF PUBLIC SAFETY Driver Out-of-Service Criteria Driver Uniform Fine Schedule Paragraph Violation Group One Driver Two Three Violation Within Within Same Same Group Group Steering Axle 1 $100$300 $600AllOthers3$30 $90$150 Van/Open-Top Trailer Bodies 2 $50$150 $250WheelsandRims2$50 $150$250 Windshield Wipers 3 $30$90 $150EmergencyExits(Buses)1$100 $300$600 Note: Maximum accumulated fine for each group is the highest fine indicated for each group. Brake Systems Defective Braking Action 1 $100$300 $600MissingComponent1$100 $300$600 Loose Component 2 $50$150 $250AudibleAirLeakBrakeChamber3$30 $90$150 Readjustment Limits 2 $50$150 $250BrakeLiningsorPads2$50 $150$250 Missing Brake 1 $100$300 $600DefectiveBrakingAction1$100 $300$600 (Steering) Brake Mismatch (Steering) 2 $50$150 $250BrakeLiningorPad(Steering)2$50 $150$250 Parking Brakes (Inoperable 2 $50$150 $250BreakawaySystem)ParkingBrake(Non-Manufactured2$50 $150$250 Holes or Cracks in Spring Brake Housing) Cracked or Broken Brake Drum or 1 $100$300 $600RotorBrakeHose2$50 $150$250 Brake Tubing 2 $50$150 $250LowPressureWarningDevice2$50 $150$250 Air Loss Rate 1 $100$300 $600Tractor-ProtectionValve1$100 $300$600 Air Reservoir Security 2 $50$150 $250AirCompressorMountingBolts2$50 $150$250 Air Compressor Loose or Broken 1 $100$300 $600PulleyAirCompressorBrokenMounting1$100 $300$600 Electric Brakes (including 1 $100$300 $600BreakawayDevice)HydraulicBrakes(NoPedal1$100 $300$600 Reserve) © 2016 by The Commonwealth Law Revision Commission (August 30, 2016) Page 8 of 9

TITLE 150: DEPARTMENT OF PUBLIC SAFETY Driver Out-of-Service Criteria Driver Uniform Fine Schedule Paragraph Violation Group One Driver Two Three Violation Within Within Same Same Group Group Master Cylinder (Less than ¼ Full) 3 $30$90 $150PowerAssistUnit(Failsto2$50 $150$250 Operate) Hydraulic Brake Hose Leaks (On 2 $50$150 $250Application)BreakawayBrakingDevice1$100 $300$600 Hydraulic Lines or Hoses 2 $50$150 $250(Defective)Leaks(VisibleonApplication)2$50 $150$250 Hydraulic System Failure Warning 2 $50$150 $250 System Modified, 1 CMC § 3806(f). History: Adopted 19 Com. Reg. 15399 (June 15, 1997); Proposed 19 Com. Reg. 15094 (Feb. 15, 1997). © 2016 by The Commonwealth Law Revision Commission (August 30, 2016) Page 9 of 9

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Source: CNMI Law Revision Commission