§8302. Powers and duties of department.

The department shall have the following powers and duties:

(1) Administer the hazardous materials transportation program pursuant to this chapter.

(2) Classify hazardous materials according to the nature and degree of risk involved in their transportation and apply separate regulations to each class.

(3) Adopt regulations pertaining to methods of packing, loading and unloading hazardous materials; to the specifications, marking, inspection, condition and equipment of vehicles transporting such substances; to qualification of drivers and other matters relating to operation of such vehicles; to routing and parking of such vehicles, except that such regulations may not supersede ordinances of local authorities and all other factors which affect the nature or degree of risk involved in transportation of hazardous materials.

(4) Declare any material to be a hazardous material and thereby subject its transportation to this chapter.

(5) Issue permits and specify the terms and conditions thereof, exempting cargo tanks used solely for intrastate transportation and trucks used solely for the transportation of combustible liquids from Federal design specifications. The permits shall be issued upon meeting testing requirements established by department regulation and shall be valid for a period of two years.

(6) Inspect vehicles and investigate all other matters relating to the safe transportation of hazardous materials on any highway in this Commonwealth including the Pennsylvania Turnpike.

(7) Delegate enforcement of all or parts of these regulations to one or more of the several departments and commissions represented on the Hazardous Materials Transportation Advisory Committee who meet training criteria specified by department regulation. Delegation shall be accomplished through cooperative agreements and become effective upon publication in the Pennsylvania Bulletin.

(8) Enter into cooperative agreements with the Federal Government relating to the regulation of the highway transportation of hazardous materials.

Notation

Cross References.  Section 8302 is referred to in sections 4102, 8304 of this title; section 4150 of Title 3 (Agriculture).