The set of regulations that
govern all vehicles engaged
in interstate traffic are known
as the Federal Motor
Carrier Safety Regulations
(Title 49, Parts 350-399).
These laws are useful in dealing
with a trucking accident. Some
of the more relevant regulations
have been summarized below
for use as a quick reference.
49 CFR 350: Commercial
Motor Carrier Safety Assistance
Program
This section ensures that the Federal Motor Carrier
Safety Administration (FMCSA), individual states, and
other political jurisdictions work together to develop
and execute programs that will improve motor carrier,
CMV, and driver safety.
49 CFR 382: Controlled Substances and Alcohol
Use and Testing
The purpose of this section is to create programs within
trucking companies to prevent accidents and injuries
resulting from impairment due to alcohol or drug use
by drivers of commercial vehicles. The regulation applies
to anyone that drives a commercial vehicle in the United
States and their employer, including those who are
self-employed. There are some individuals who are exempted
from this rule, including active duty personnel, members
of the reserves, and members of the national guard
on active duty.
This section also makes sure that all testing by employers
of their drivers are done in compliance with the procedures
outlined in part 40 of this title. Drivers with a commercial
driver’s license must be tested if they drive
a vehicle:
weighing more than 26,000 pounds including a
towed unit weighing more than 10,000 pounds,
with a gross vehicle rating of more than 26,000
pounds,
designed to transport 16 or more passengers including
the driver, or
used to transport hazardous materials requiring
the vehicle to be placarded.
49 CFR §382.107: DEFINITIONS
One notable part of this section is the definition
of safety-sensitive functions. A safety-sensitive function
is:
any activity a driver is involved in while waiting
to be dispatched,
when a driver is servicing his vehicle or performing
an inspection,
when a driver is actually driving his vehicle,
when a driver is in any way involved with loading
or unloading the vehicle, or
when a driver is repairing a vehicle or waiting
by it for assistance
The regulation specifies that alcohol may not be consumed
either while performing a safety-sensitive function,
or within 4 hours of performing a safety-sensitive
function.
49 CFR §382.201-382.211: PROHIBITED CONDUCT
Any driver engaging in prohibited conduct will not
be allowed to operate a commercial vehicle. Prohibited
conduct includes:
reporting for duty if he has a blood alcohol
concentration of 0.02 or greater,
possessing alcohol unless it is part of a shipment,
including medications like cough syrup or cold
medicine that contain alcohol,
consuming alcohol while performing safety-sensitive
functions,
consuming alcohol within 8 hours proceeding an
accident or until after being tested,
reporting for duty while using any drug that
affects his ability to safely operate a motor vehicle,
or
refusing to submit to any DOT mandated alcohol
or drug test. Testing methods include breath and
saliva testing, blood testing, and urine testing.
49 CFR §382.301-382.309: WHEN DRIVERS
MUST BE TESTED
All commercial drivers must be tested before they are
employed. Testing is also done at random for signs
of drug or alcohol use. Refusal to take a test is interpreted
as if the driver tested positive. After an accident
that produces a fatality, the driver receives a moving
violation in a DOT-recordable accident, or if there
is reasonable suspicion to believe a driver may be
under the influence of drugs or alcohol, testing may
be required. An accident is DOT-recordable if an injured
person requires immediate medical treatment away from
the scene or if any vehicles involved have to be towed.
If it is confirmed that a driver has a blood alcohol
concentration of 0.04 or greater he must be evaluated
by a substance abuse professional and take another
test with a result below .02 in order to return to
work. If a test is required but for some reason not
administered, the employer has to make a record of
why the test was not properly administered.
49 CFR 382.413: PREVIOUS TEST RECORDS
As a condition of employment, a driver must provide
his new employer with all drug and alcohol testing
results within the past two years. Within 14 days of
performing a safety-sensitive function, DOT regulations
require that the driver's company obtain drug and alcohol
testing records from the driver's previous employers
for up to two years in order to verify that no prior
employer of the driver holds records indicating a violation
of any DOT rule pertaining to drug or alcohol use.
If a driver tests positive for being under the influence
of drugs or alcohol he has the option of requesting
a medical review officer to have half of the sample
tested by a different certified lab than the one that
tested the primary specimen. This is typically done
within 72 hours of a driver being notified of a positive
test result.
49 CFR 383: Commercial Driver’s License
Standards, Requirements, and Penalties
This section requires drivers of certain types of vehicles
to obtain a commercial motor vehicle driver’s
license. Drivers who operate commercial vehicles in
an unsafe manner are disqualified by the regulation.
With a few exceptions, drivers must have a CDL if they:
drive a vehicle of more than 26,000 pounds
transport themselves and 15 or more passengers,
or
transport hazardous materials.
49 CFR §383.21: LICENSE REQUIREMENT
The driver of any commercial vehicle can only have
one license issued by the state where he lives, in
this case, a CDL (commercial driver's license).
49 CFR §383.31-§383.33: NOTIFICATION
OF CONVICTIONS FOR DRIVER VIOLATIONS
If a driver is convicted of any motor vehicle violation
besides a parking violation he must inform both his
employer and the state that issued his CDL in writing
within 30 days of the conviction. He must also inform
his employer in writing of a suspended or revoked license
before the end of the first business day post-conviction.
49 CFR §383.35: NOTIFICATION OF PREVIOUS
EMPLOYMENT
During the application process for any employment involving
the use of a CDL, the potential driver is required
to produce his employment history for the prior 10
years he operated a commercial vehicle.
49 CFR §383.71: LICENSING PROCEDURES
Before a CDL can be issued, the individual must pass
a knowledge and driving skills test in a motor vehicle
comparable to the type of vehicle he will be driving.
He must also certify that he has no suspensions, disqualifications,
or licenses from other states.
49 CFR §383.91: VEHICLE GROUPS AND ENDORSEMENTS
The various types of commercial vehicles are divided
into three groups: combination vehicles, heavy straight
vehicles, and small vehicles. Combination vehicles
have a combined weight of more than 26,000 pounds if
the weight of the vehicle being towed is more than
10,000 pounds. Heavy straight vehicles include any
single vehicle weighing more than 26,000 pounds or
a vehicle weighing 26,001 pounds towing a vehicle weighing
10,000 pounds or less. Small vehicles are any single
vehicle or combination of vehicles that do not fall
into the other groups, but are used to either transport
a placarded amount of material or transport 16 or more
passengers including the driver.
There are some endorsements that are required on a
license. Each endorsement requires both a knowledge
and behind-the-wheel test if, for example, a driver
will be driving a vehicle equipped with air brakes.
49 CFR §383.110: REQUIRED KNOWLEDGE AND
SKILLS
All drivers must be well-versed in the various procedures
that ensure safe vehicle operation and be informed
of the ill effects of being fatigued while driving,
having poor vision, using alcohol and drugs, and improperly
using the lights, horn, mirrors, and other emergency
equipment. Drivers must have knowledge of all driver-related
elements of the regulations contained in parts 391,
392, 393, 395, 396 and 397.
Drivers must also have a basic grasp of all factors
involved in actually driving the vehicle, such as shifting,
backing, space management, etc., and are required to
demonstrate both driving and inspection skills for
whatever type of vehicle they intend to operate.
49 CFR §383.131: TEST PROCEDURES
All tests within the state must be standardized, and
those administering the tests must first be trained
to do so. States must have manuals available with information
on the procedures, requirements, and skills needed
to obtain a CDL, and information on the actual test.
49 CFR 391: Qualifications of Drivers
Compliance with the following regulations is required
if a driver operates a tractor-trailer or other commercial
motor vehicle that weighs more than 10,000 pounds,
carries 16 or more passengers, or transports an amount
of hazardous materials that requires the vehicle to
be placarded.
In 49 CFR 391 the minimum qualifications for drivers
of commercial motor vehicles are established. The minimum
duties of motor carriers with respect to the qualifications
of their drivers are also established.
Truck drivers of commercial vehicles must be 21 years
old, speak English, be physically able to safely operate
a truck, have a valid CDL, and must not have ever been
disqualified for driving while intoxicated, driving
under the influence of drugs, committing a felony,
leaving the scene of an accident, refusing to take
an alcohol test, or any other reason. The driver and
the truck company must keep records of the driver's
violations. The truck driver must also have a physical
exam every 2 years and should not have diabetes requiring
insulin, high blood pressure, poor vision, poor hearing,
current diagnosis as being an alcoholic, or use dangerous
substances including some over-the-counter and prescription
medication. The specifics of when a person's medical
condition prohibit him from driving are complicated
and dependant upon a doctor's examination.
49 CFR §391.15: DISQUALIFICATION OF DRIVERS
A driver can be disqualified from driving a commercial
motor vehicle if he drives with a blood alcohol concentration
of 0.04 or more, drives under the influence of drugs,
commits a felony involving a commercial vehicle, leaves
the scene of an accident while driving a commercial
motor vehicle, transports, possesses, or unlawfully
uses drugs, refuses to undergo alcohol testing, or
fails to notify his employer of a suspended, revoked,
or withdrawn permit or privilege to operate a commercial
motor vehicle before the end of the business day post-revocation.
49 CFR §391.21: APPLICATION FOR EMPLOYMENT
When an individual applies for a job involving the
operation of a commercial vehicle, the application
must contain the following information:
employer name and address,
driver's name, address, date of birth, and social
security number,
driver's previous addresses for the past three
years,
date of the application,
state, number, and expiration date of driver's
license,
list of all motor vehicle accidents and violations
for the last three years,
any driver's license suspensions or revocations,
list of all employers for the last three years
any driver's license suspensions or revocations,
list of all past employers for the last three
years, or an additional seven years if the motor
vehicle the driver will operate weighs 26,001 pounds
or more, will carry more than 15 passengers, or
will carry an amount of hazardous materials that
requires the vehicle to be placarded, and
driver's permission to contact previous employers.
49 CFR §391.23: INVESTIGATION AND INQUIRIES
Every year employers are required to review a driver's
driving record to determine whether or not the driver
meets the minimum requirements for safe driving. The
employers must consider all violations, including but
not limited to reckless driving, operating under the
influence of drugs or alcohol, and showing a blatant
disregard for public safety. Employers are required
to check a driver's record for the past three years
and the responses of each state agency. The employer
must also check and record in writing the driver's
previous employment record for the last 3 years.
449 CFR §391.27: RECORD OF VIOLATIONS
Every 12 months a driver must fill out a form listing
any violations he has been convicted of. Even if no
violations have occurred, the driver must still complete
the form and indicate as much. A driver must inform
his employer within 30 days of any violation or conviction.
449 CFR §391.31: ROAD TEST
All drivers must pass a road test while driving the
same type of motor vehicle they will be driving under
their employment. The road test must include a pre-trip
inspection, coupling and uncoupling (if applicable),
driving the vehicle using the controls and emergency
equipment, passing other vehicles, turning, braking,
and slowing by means other than braking, backing, and
parking. It is acceptable for an employer to require
a road test even if the driver produces a valid driver's
license or certificate issued by another carrier within
the last three years. However, this does not apply
if the driver will be operating a commercial vehicle
that requires a doubles/triples endorsement or a cargo
tanker.
449 CFR §391.41: PHYSICAL QUALIFICATION
AND EXAMINATIONS
In order to drive a commercial vehicle a driver must
have a physical exam every 24 months and carry a card
documenting the exam at all times. If a driver has
lost a limb or digit which interferes with his ability
to drive, has diabetes controlled by insulin, has heart
disease, breathing problems, high blood pressure or
any sickness which might interfere with driving, has
mental problems, poor vision, poor hearing, a drug
problem or a current clinical diagnosis of alcoholism
he is prohibited from driving a commercial vehicle.
449 CFR §391.51: DRIVER QUALIFICATION
FILES
An employer must keep a driver's qualification files
throughout the entirety of the driver's employment
and an extra 3 years, with the exception of materials
that need to be reviewed and updated. There are limited
exemptions for drivers who were regularly employed
before January 1, 1971 under 391.61.
49 CFR §391.63: INTERMITTENT, CASUAL,
OR OCCASIONAL DRIVERS
If a driver is used by multiple carriers in a period
of 7 consecutive days he is referred to as an intermittent,
casual, or occasional driver. This kind of driver must
keep his medical certificate, road test results, driver's
name and social security number and identification
number in his driver qualification file. This information
must be kept by the motor carrier for 3 years after
the end of the driver's employment. A driver regularly
employed by one motor carrier may be used by another
carrier without following the driver qualification
file requirements if he has a signed and dated certificate
that displays his name and signature and indicates
regular employment and driver qualification. It must
also have the expiration date of both his medical exam
and the certificate itself on it, and the driver must
assume responsibility for the accuracy of the certificate.
There are a few exceptions under §393.67 for drivers
who operate farm equipment.
49 CFR 392: Driving of Commercial Vehicles
In order to operate a tractor-trailer, straight truck,
tanker, and other commercial vehicles involved in interstate
travel, the truck driver, his company, and all others
responsible for the management, maintenance, operation,
or driving of commercial vehicles, or the hiring, supervision,
training, assigning or dispatching of drivers must
follow federal regulations. A driver must not drive
while ill or fatigued. The driver may not use drugs
illegally, but may take medication under the advice
of a doctor if it doesn't affect his ability to drive.
Drivers must obey the speed limit, load cargo safely
and perform periodic inspections, must drive with extreme
caution in hazardous situations, use seat belts, and
warn the public when a truck is stopped on the shoulder
of the road. Drivers must also slow down and may need
to stop before crossing a railroad track, and may not
shift when crossing the tracks.
49 CFR §392.3: ILL OR FATIGUED OPERATOR
If a driver is ill or fatigued to a degree that it
may cause him to be a danger to others on the road,
he must not drive. If the driver is already on the
road when he realizes this he may continue to drive
to the nearest safe place.
49 CFR §392.4: DRUGS AND OTHER SUBSTANCES
A driver may take prescribed medication if it does
not have side effects that might result in unsafe driving.
49 CFR §392.5: ALCOHOL PROHIBITION
Drivers are prohibited from possessing or being under
the influence of alcohol while on duty, and are prohibited
from drinking or being under the influence of alcohol
within 4 hours of going on duty. In the event that
a driver has used alcohol within 4 hours of going on
duty, his employer may neither require nor permit him
to drive, and the driver must immediately be placed
out-of-service for 24 hours. Also, the driver must
report the incident to the state where he holds a driver's
license within 30 days.
49 CFR §392.6: SCHEDULES TO CONFORM WITH
SPEED LIMITS
Drivers may not speed in order to keep a schedule.
49 CFR §392.7-§392.8: EQUIPMENT,
INSPECTION, AND USE
Before operating a vehicle, drivers are responsible
for ensuring that all brakes, steering mechanism, lights
and reflectors, tires, horn, windshield wipers, mirrors,
coupling devices, and emergency equipment are in good
working order.
49 CFR §392.9: SAFE LOADING
At the beginning of a trip, after the initial 25 miles
traveled, and, depending on which comes first, every
3 hours or 150 miles of each change of duty status,
cargo must be inspected to make sure it is properly
distributed and secured.
Bus drivers need to be sure all passengers are behind
the standee line, and that baggage is stored and secured
in a safe manner.
The rules in this section do not apply if the cargo
is sealed, impractical to inspect, or if the driver
was ordered not to inspect it.
49 CFR §392.9b: HEARING AID TO BE WORN
Drivers requiring a hearing aid to pass a physical
must wear it at all times while driving and carry a
spare batter.
49 CFR §392.10-§392.11: DRIVING OF
VEHICLES
When approaching railroad crossings, all commercial
vehicles must slow down enough so that if needed, the
vehicle can stop before reaching the first rail. Certain
railroad crossings are exempt. Commercial vehicles
carrying hazardous materials or with tank trailers
must come to a full stop before the tracks at railroad
crossings, and may not shift while driving over tracks.
49 CFR §392.14: HAZARDOUS CONDITIONS;
EXTREME CAUTION
When operating in hazardous conditions such as snow,
fog, sleet, mist, rain, dust, or smoke, drivers are
to use extreme caution and drive to the nearest safe
place. They may not resume driving until the conditions
have cleared.
49 CFR §392.16: USE OF SEAT BELTS
If the vehicle is equipped with seat belts, drivers
are required to wear them.
49 CFR §392.22: STOPPED VEHICLES
Hazard warning lights must be on and warning devices
placed in the appropriate locations within 10 minutes
of a commercial vehicle stopping on any part of a highway.
A warning device should be placed on the traffic side
about 10 feet from the vehicle in the direction of
approaching traffic. Another should be placed about
100 feet from the vehicle in the direction of approaching
traffic in the center of the traffic lane or shoulder
where the vehicle is stopped. A third warning device
should be placed beside the one 100 feet from the vehicle,
but in the direction facing away from approaching traffic.
If the vehicle is stopped within 500 feet of a curve,
hill, or anything else that might obstruct a driver's
view, a warning device should also be placed in the
direction of the obstruction about 100-500 feet from
the vehicle. In the event that the vehicle is stopped
on the travel portion of the shoulder of a divided
or one way highway, one warning device should be placed
at a distance of 200 feet and another at a distance
of 100 feet in the direction of approaching traffic
in the center of the lane or shoulder occupied by the
vehicle. An additional warning device should be placed
within 10 feet of the rear of the vehicle on the traffic
side.
49 CFR §392.33: OBSCURED LAMPS OR REFLECTORS
No lamps or reflectors should be covered by any part
of the load, and all should be clean.
49 CFR §392.50: FUELING PRECAUTIONS
When fueling, drivers must turn off the engine and
may not smoke. They are forbidden from carrying extra
fuel in gas cans. Buses cannot put fuel in their vehicle
in a closed building or with passengers onboard.
49 CFR §392.60-§392.71: PROHIITED
PRACTICES
Commercial vehicle drivers are restricted from using
radar detectors or open flames for any reason while
in motion. Drivers cannot drive if they have been affected
by carbon monoxide poisoning, and they cannot transport
anyone apart from fellow employees, accident victims,
or livestock attendants without the written permission
of their employer. Drivers also cannot allow anyone
else to ride in their trailer unless there is an accessible
exit from the inside.
49 CFR 393: Parts and Accessories Necessary
for Safe Operation
The primary purpose of this section is to ensure that
no employer or employee of a commercial vehicle company
drives a vehicle or causes or permits one to be driven
unless the motor vehicle is in accordance with the
requirements and specifications of this section.
49 CFR §393.40: BRAKES
Trucks, buses, tractor-trailers, and combination vehicles
must have a service break system that applies and releases
the brakes when the brake pedal is used during normal
driving, a parking brake system that applies and releases
the parking brakes when the parking brake control is
used, and an emergency brake system that uses parts
of the service and parking brake systems to stop the
vehicle if there is a brake system failure. Refer to
49 CFR 393.41-393.52 for parts and specific application
of brake systems.
49 CFR §393.75: TIRES
Any commercial motor vehicle wearing a tire that has
exposed material through the tread or sidewall, has
tread or sidewall separation, is flat or has an audible
leak, or has less than 2/32 tread depth (except for
front tires which must have 4/32 tread depth) must
not be driven. Buses must not be driven if their front
tires have been regrooved, recapped, or retreaded.
49 CFR §393.95: EMERGENCY EQUIPMENT
All buses, trucks, tractor-trailers, and combination
vehicles must carry a fire extinguisher, at least one
spare fuse for each kind unless they are the reset
type, and either three liquid-burning emergency flares,
three emergency reflectors, or three emergency triangles.
However, any commercial vehicle used for the transportation
of flammable liquids, compressed gases, or Class A
or B explosives is not allowed to carry flame producing
devices even if the trailer is empty.
49 CFR §393.100: PROTECTION AGAINST SHIFTING
OR FALLING CARGO
When transporting cargo, all trucks, tractors, tractor-trailers,
combination vehicles, full trailers and pole trailers
must be loaded and equipped to prevent it from shifting
or falling.
49 CFR §393.104: BLOCKING AND BRACING
All cargo must be protected from both lateral and longitudinal
movement. It must either be securely blocked or braced
against the sides, sideboards, or stakes of the vehicle
if it is not already secured by devices that meet the
requirements in 49 CFR §393.100 to protect it
from lateral movement. For protection against longitudinal
movement, cargo must be secured so that when the vehicle
decelerates at the rate of 20 feet per second the cargo
will remain on the vehicle and will not penetrate the
vehicle's front-end structure.
49 CFR §393.106: FRONT-END STRUCTURE
With the exception of a few vehicles manufactured before
January 1974, all commercial vehicles carrying cargo
must have a headboard to prevent load shifting, penetration,
or the crushing of the driver's compartment.
49 CFR §393.201: FRAMES
The frames on buses, trucks, and tractor-trailers cannot
be cracked, loose, sagging, broken, or have loose,
broken, or missing bolts or brackets securing the cab
or body of the vehicle to the frame. They cannot have
frame rail flanges between the axles that are bent,
cut or notched, or holes drilled in the top or bottom
rail flanges (except as specified by the manufacturer.)
49 CFR §393.203
The doors on all commercial motor vehicles must not
be missing, broken, or sag to a degree that they cannot
be opened or closed properly. Bolts and brackets securing
the cab should not be loose, broken or missing, and
the hood and seats should all be secured. The front
bumper should not be loose or protruding.
49 CFR §393.205: WHEELS
The wheels on all commercial vehicles, including the
axles, leaf springs, coil springs and torsion bars
must not be cracked, broken, loose, or out of position.
The air suspension must be level with minimal leakage.
49 CFR §393.209: STEERING WHEEL SYSTEMS
The steering on all commercial vehicles must be secure,
without cracked or missing spokes, and the steering
column itself must be securely fastened. The steering
gear box should not have any cracks or loose or missing
mounting bolts. The pitman arm on the steering gear
output must not be loose, and the steering wheel should
turn freely through the limit of travel in both directions.
The power steering must be in operational condition
without loose or broken parts, and the system should
have enough fluid and should not leak.
49 CFR 395: Hours of Service of Drivers
The regulations in this part apply to all drivers of
commercial vehicles and motor carriers. However, there
are a few notable exceptions stated under 49 CFR 395.1,
including drivers operating vehicles that carry more
than 15 people, weigh more than 10,000 pounds, or transport
an amount of hazardous material that requires placards.
From the time a driver begins to work until the driver
is relieved from all work responsibility, the driver
is considered “on-duty”. On-duty time includes:
all time spent at a loading or unloading facility,
terminal, or on any public or private property
waiting to be dispatched,
all time involving the inspection process,
driving time,
all other non-driving time (except time spent
resting in the sleeper) spent in a commercial vehicle,
all time repairing the vehicle or obtaining assistance
to repair the vehicle,
miscellaneous time spent such as travel time
for taking a drug and alcohol test,
time performing any work in the service or employment
of a common or private motor carrier, and
all time spent performing any compensated work
for any non-motor carrier business.
49 CFR §395.1: ADVERSE DRIVING CONDITIONS
If a driver on a run is confronted by hazardous weather
conditions such as rain, snow, fog, or any one of other
unusual road and traffic conditions, the driver is
allowed to drive up to 2 hours longer than the regulations
permit if he normally could have completed the run
in no longer than 10 hours of driving, and provided
that dispatch was unaware of the adverse driving conditions
at the time of dispatch. However, drivers are prohibited
from driving more than 12 hours after 8 consecutive
hours off, or if the driver has been on duty for 15
hours following 8 consecutive hours off. If an emergency
condition occurs, a driver is allowed to finish his
run without being in violation of this regulation if
the run could have been completed in a reasonable amount
of time if there was no emergency condition. Drivers
may use their sleeper berths to accumulate the required
8 consecutive hours off-duty time, and may use two
separate time periods that total 8 hours. Neither period
may be less than 2 hours.
Under §395.1 there are special duty status provisions
for drivers from Alaska and Hawaii, drivers of agricultural
operations, ground water well drilling operations,
drivers who transport constructions materials and equipment,
and utility service vehicles.
49 CFR §395.3: MAXIMUM DRIVING TIME
A driver is forbidden to drive more than 10 hours following
8 straight hours off duty or for any period after having
been on duty 15 hours following 8 consecutive hours
off duty. A motor carrier cannot require or even permit
a driver, regardless of the number of motor carriers
using the driver's services, to drive for any period
after having been on duty 60 hours in any 7 consecutive
days if the employing motor carrier does not operate
during the week. A driver is also prohibited from driving
if he has been on duty 70 hours in any period of 8
consecutive days if the employing motor carrier operates
motor vehicles every day of the week.
49 CFR §395.8: DRIVER'S RECORD OF DUTY
STATUS
A driver must either submit or forward by mail the
original driver's record of duty status to the regular
employing motor carrier within 13 days following the
completion of the form, and must retain a copy of each
record of duty status for the previous 7 consecutive
days and keep them available in his possession for
inspection while on duty.
49 CFR §395.8: RETENTION OF DRIVER'S RECORD
OF DUTY STATUS
Each motor carrier is required to maintain their records
of duty status and all supporting documents for 6 months.
49 CFR §395.13: DRIVERS DECLARED OUT OF
SERVICE
A driver will be considered "out of service" if he
has neglected to keep up his duty status. An "out of
service" driver is prohibited from operating a commercial
motor vehicle until he has had 8 consecutive hours
off duty. A copy documenting this must be sent to the
employer within 15 days.
49 CFR 395.15: AUTOMATIC ON-BOARD RECORDING
DEVICES
A driver must have records of duty status for the previous
seven days at all times. It is permissible for drivers
of commercial motor vehicles to use on-board recording
devices in place of a log book, but the information
must be retrievable and instructions for the recording
system must be kept inside the vehicle. In the event
that the recording device is not working, the record
of duty status for the current day and any of the past
7 days that the driver is missing records for must
be handwritten until the recording device is working
again.
49 CFR 396: Inspection, Repair, and Maintenance
The driver of a commercial vehicle that carries more
than 15 people, weighs over 10,000 pounds, or transports
enough hazardous materials to require a placard, as
well as all motor carriers, their officers, agents,
representatives, and employees directly concerned with
the inspection or maintenance of the motor vehicles
are required to follow this part of the federal regulation.
49 CFR §396.7: UNSAFE OPERATIONS FORBIDDEN
If a motor vehicle is in poor condition and likely
to breakdown or cause an accident, a driver is forbidden
to operate it.
49 CFR §396.9: INSPECTIONS OF MOTOR VEHICLES
IN OPERATION
If a vehicle has been placed out of service, a driver
must not drive it until all of the needed repairs are
completed.
49 CFR §396.11: DRIVER VEHICLE INSPECTIONS
REPORT
All drivers of commercial motor vehicles must inspect
their vehicle at the beginning and end of each day,
and report any defects. The next driver of the vehicle
is required to review the prior driver's post-trip
inspection report, and if the report shows anything
likely to affect the safety of the vehicle, the driver
must sign the report indicating that the employer certified
the problems were fixed. If the employer has not certified
this, the driver must not sign the report. At the end
of each day of work when drivers complete and sign
a written vehicle inspection report on each vehicle
they operated that day, they must be sure to document
their inspection of all brakes, the steering mechanism,
all lighting devices and reflectors, tires, the horn,
the windshield wipers, rear vision mirrors, coupling
devices, wheels and rims, and all emergency equipment.
49 CFR §396.13: DRIVER INSPECTION
When the driver inspects his motor vehicle he must
carefully review the last driver's vehicle inspection
report. If any defects on the vehicle were observed,
the driver must sign the report only if the problems
were corrected. A driver must always be completely
confident that the motor vehicle he has inspected is
in safe operating condition.
49 CFR 397: Transportation of Hazardous Materials;
Driving and Parking Rules
This part regulations applies to all drivers of commercial
vehicles transporting hazardous materials that must
be marked or placarded in accordance with §177.823
of this title, to all motor carriers who are involved
with the transportation of hazardous materials, and
to each employee of the motor carrier who performs
supervisory duties related to the transportation of
hazardous materials. All concerned must know and obey
these regulations. If the hazardous materials must
be marked or placarded, the driver of these materials
must follow the regulations found in parts 390-397.
49 CFR §397.5: ATTENDANCE AND SURVEILLANCE
OF MOTOR VEHICLES
If the driver of a commercial motor vehicle is hauling
explosives he cannot leave his vehicle unattended unless
it is parked on either company property, the shipper
or receiver's property, a safe haven (anywhere approved
by local, state, or U.S. government officials), or,
if the truck is loaded with less than 50 pounds of
explosives, a survey or construction site. A driver
must be certain that the recipient of the explosives
knows what they are and what to do in the event of
an emergency. If the truck is left unattended, it must
always remain in clear view of the driver. A vehicle
that carries hazardous materials apart from Class A
or B explosives and is on a public street or highway
must always be attended by the driver unless the driver
is forced to leave the vehicle in order to perform
duties necessary to resume driving.
49 CFR §397.7: PARKING
Drivers carrying explosives cannot park on or within
5 feet of any roadway, on private property without
permission, within 300 feet of a bridge, tunnel, house,
or any place where people congregate unless it is impossible
to park the vehicle elsewhere. If the driver is carrying
any kind of hazardous material he must stop at least
5 feet from the traveled part of the highway except
for short periods when the vehicle must be parked and
it is impossible to park anywhere else.
49 CFR §397.11: FIRES
When transporting hazardous materials, a driver must
not park within 300 feet of a fire or drive anywhere
near an open fire unless precautions are taken to ensure
a safe passage.
49 CFR §397.13: SMOKING
No one is allowed to smoke within 25 feet of a motor
vehicle containing explosives, oxidizing or flammable
materials, or an empty trailer that has transported
placarded flammable liquids in the past.
49 CFR §397.15: FUELING
The engine must be turned off and someone must always
be in attendance when the vehicle is being refueled.
49 CFR §397.17: TIRES
All tires must be inspected at the beginning of a trip,
whenever the vehicle is parked, and either every two
hours or 100 miles, whichever comes first. Overheated
tires must be removed and taken away from the vehicle
to cool, and the driver must not drive the vehicle
again until the cause of the overheating is discovered
and corrected.
49 CFR §397.19: INSTRUCTIONS AND DOCUMENTS
Any driver carrying Class A or Class B explosives needs
to know what type of explosives he is transporting,
and also what emergency steps need to be taken if an
emergency such as a fire, accident or leak were to
occur. The driver is required to carry a copy of the
rules in part 397 of the federal regulations along
with a document instructing him on what to do in the
event of an accident or delay.
49 CFR §397.67: ROUTING OF NON-RADIOACTIVE
HAZARDOUS MATERIALS
A driver must plan all routes carefully and avoid heavily
populated areas when transporting non-radioactive hazardous
materials. A driver transporting Class 1, Division
1.1, 1.2, and 1.3 explosives must have a written route
plan before leaving the terminal, but if the trip does
not begin at the terminal the driver can produce a
handwritten route plan.
State Laws New York
The New York Department of Public Safety has adopted
Title 49, Parts 382-384 and 390-399 of the federal
regulations.
Driving of Motor Vehicles:
New York had adopted Part 392 of the Federal Regulations
with some exceptions. Drivers involved in an accident
must stop, take precautions to prevent any further
accidents at the scene, provide necessary information
to parties concerned, and report the accident as required.
The use of radar detectors and laser detectors in any
commercial vehicle with a gross vehicle weight rating
of more than 10,000 pounds is prohibited.
Parts and Accessories:
New York has adopted Pat 393 of the Federal Regulations
in their entirety. No one can drive a vehicle on a
public highway that emits unnecessary smoke or unnecessary
offensive vapors.
Loads:
New York has adopted Part 393 of the Federal Regulations,
including regulations dealing with projecting and shifting
or falling.
Crash reports are available from:
Department of Motor Vehicles
Accident Records Bureau
Swan Street Building, 4th Floor
Empire State Plaza
Albany, NY 12228
(518) 474-076
New Jersey
The New Jersey Department of Public Safety has adopted
Title 49, Parts 382-384 and 390-399 of the federal
regulations.
Driver Qualification:
New Jersey has adopted Part 391 of the Federal Regulations
with two notable exceptions. The 21-year age requirement
applies unless a driver is transporting non-hazardous
materials, in which case, it is 18. A driver engaged
in intrastate commerce not transporting hazardous materials
requiring placards, but who is not physically qualified
to drive under Section 391.41 (b), may continue to
drive a motor vehicle if the driver has a valid New
Jersey CDL as of September 20th, 1993.
Vehicle Marking/Identification:
New Jersey did not adopt Sec. 390.21 of the Federal
Regulations for intrastate commerce. Every vehicle
used for commercial purposes on a street or highway
must in plain view display the name of the owner or
lessee, and the name of the municipality in which the
owner or lessee has his principal place of business.
Crash reports are available from:
Accident Report Request
Operations Department
New Jersey Turnpike Authority
P.O. Box 1121
New Brunswick, NJ 08903
(732) 247-0900
Pennsylvania
The Pennsylvania Department of Public Safety has adopted
Title 49, Parts 382-384 and 390-399 of the federal
regulations.
Driver Qualification:
Pennsylvania has adopted Part 391 of the Federal Regulations
with a few modifications. The age limit is 18 years
old if he is not transporting hazardous waste. Otherwise,
the limit is 21. Also, a driver who does not meet the
physical qualifications to operate a commercial vehicle
in Pennsylvania may apply for a waiver from the state.
Vehicle Marking/Identification:
Pennsylvania has not adopted Sec. 390.21 of the Federal
Regulations for intrastate operation. Intrastate vehicles
under the jurisdiction of the Public Utility Commission,
however, are subject to any applicable vehicle identification
requirements issued by that agency.
Loads:
Pennsylvania has adopted Part 393 of the Federal Regulations,
including regulations dealing with projecting and shifting
or falling. In addition to the Federal Regulations,
see 67 Pennsylvania Code Sec. 231.209 for requirements
regarding projecting loads.
Crash reports are available from:
Crash Reports Unit
Bureau of Records and Identification
Pennsylvania State Police
1800 Elmerton Ave.
Harrisburg, PA 17110-9758
(717) 783-5516
Connecticut
The Connecticut Department of Public Safety has adopted
Title 49, Parts 382-384 and 390-399 of the federal
regulations.
Driver Qualification:
Connecticut has adopted part 391 of the Federal Regulations
with the exception of Sec. 391.11(b)(1), which states
that an intrastate driver must be at least 21 years
old. In Connecticut, the minimum age limit is 18 as
long as the driver is not transporting hazardous materials.
Hours of Service:
Connecticut has adopted Part 395 for intrastate vehicles
with a gross combination weight rating of over 18,000
pounds, or vehicles transporting hazardous materials
requiring placards. However, Section 395.3 does not
apply to a public service company vehicle providing
assistance during a major loss of utility service.
Vehicle Marking/Identification:
Connecticut has adopted Sec. 390.21 of the Federal
Regulations. Intrastate vehicles have to display the
name or trade name of the motor carrier and a Connecticut
issued US DOT number followed by the letters CT.
Crash reports are available from:
Connecticut State Police
Attn. Reports & Records
P.O. Box 2794
Middletown, CT 06457-9294
(860) 685-8403
