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Federal Motor Carrier Safety Regulations

Author / Coordinator:  
Minnesota
March 2007

Title 49 Code of Federal Regulations

For a complete copy of the Federal Regulations please contact the Department of Transportation

Part 382 – Controlled Substances & Alcohol Use & Testing

Part 383 – Commercial Driver’s License Standards; Requirements and Penalties

Part 385 – Safety Fitness Procedures

Part 387 – Minimum Levels of Financial Responsibility for Motor Carriers

Part 390 – Federal Motor Carrier Safety Regulations: General

Part 391 – Qualifications of Drivers

Part 392 – Driving of Motor Vehicles

Part 393 – Parts and Accessories Necessary for Safe Operation

Part 394 – Removed and Reserved

Part 395 – Hours of Service of Drivers (Reproduced in this handbook)

Part 396 – Inspection, Repair, and Maintenance  (Reproduced in this handbook)

Part 397 – Transportation of Hazardous Materials; Driving and Parking Rules Footnotes

Appendix 1 – 49 CFR Part 40 – Procedures for Transportation Workplace Drug and Alcohol Testing Programs

Appendix D – Schedules of Controlled Substances, Schedule I

Appendix E – Schedules of Controlled Substances, Schedule II, III, IV, & V

Part 390 Federal Motor Carrier Safety Regulations: General

Subpart A – General Applicability and Definitions Sec.

390.1 Purpose.

390.3 General applicability.

390.5 Definitions.

390.7 Rules of construction.

Subpart B – General Requirements and Information

390.9 State and local laws, effect on.

390.11 Motor carrier to require observance of driver regulations.

390.13 Aiding or abetting violations.

390.15 Assistance in investigations and special studies.

390.17 [Reserved]

390.19 Additional equipment and accessories.

390.21 Marking of motor vehicles. (Reproduced in this handbook)

390.23 Relief from regulations.

390.25 Extension of relief from regulationsemergencies.

390.29 [Reserved]

390.31 Copies of records or documents.

390.33 Vehicles used for purposes other than defined.

390.35 Certificates, reports, and records; falsification, reproduction, or alteration.

390.37 Violation and penalty.

Subpart C – Intermodal Transportation

390.50 Applicability.

390.52 Definitions.

390.54 Notification and certification.

390.56 Duty of motor carrier.

390.58 Forwarding and retention of certification.

390.60 Coercion.

SUBPART B – Sec. 390.21

MARKING OF COMMERCIAL MOTOR VEHICLES

(a) General. Every self-propelled commercial motor vehicle operated in interstate commerce and subject to the rules of subchapter B of this chapter must be marked as specified in paragraphs (b), (c) and (d) of this section. Self-propelled commercial motor vehicles operated by for-hire motor carriers under authority issued by the Interstate Commerce Commission (ICC) may meet the requirements of this section by complying with the marking requirements set forth in 49 CFR part 1058.

(b) Nature of marking. The marking must display the following information.

(1) The name or trade name of the commercial motor carrier operating the self-propelled commercial motor vehicle.

(2) The city or community and State (name abbreviated), in which the carrier maintains its principal place of business or in which the commercial motor vehicle is customarily based.

(3) The motor carrier identification number, if issued by the FHWA, preceded by the letters "USDOT."

(4) If the name of any person other than the operating carrier appears on the commercial motor vehicle operated under its own power, either alone or in combination, the name of the operating carrier shall be followed by the information required by paragraphs (b)(1), (2) and (3) of this section, and be preceded by the words "operated by."

(5) Other identifying information may be displayed on the commercial motor vehicle if it is not inconsistent with the information required by this paragraph.

(c) Size, shape, location, and color of marking. The marking must –

(1) Appear on both sides of the self-propelled commercial motor vehicle;

(2) Be in letters that contrast sharply in color with the background on which the letters are placed;

(3) Be readily legible, during daylight hours, from a distance of 50 feet while the commercial motor vehicle is stationary; and

(4) Be kept and maintained in a manner that retains the legibility required by paragraph (c)(3) of this section.

(d) Construction and durability. The marking may be painted on the commercial motor vehicle or may consist of a removable device, if that device meets the identification and legibility requirements of this section, and such marking shall be maintained in such a manner as to remain legible as required by this section.

(e) Rented commercial motor vehicles. A motor carrier operating a self-propelled commercial motor vehicle under a rental agreement having a term not in excess of 30 calendar days may meet the requirements of this section in either one of two ways:

(1) The commercial motor vehicle is marked in accordance with the provisions of paragraphs (b) through (d) of this section; or

(2) The commercial motor vehicle is marked as set forth below:

(i) The name or trade name of the lessor is displayed in accordance with paragraphs (c) and (d) of this section;

(ii) The city or community and State (name abbreviated), in which the lessor maintains its principal place of business or in which the commercial motor vehicle is customarily based is displayed in accordance with paragraphs (c) and (d) of this section;

(iii) The lessor’s identification number, issued by the FHWA, preceded by the letters "USDOT" is displayed in accordance with paragraphs (c) and (d) of this section; and

(iv) The rental agreement entered into by the lessor and the renting motor carrier conspicuously contains the following information:

(A) The name and complete physical address of the principal place of business of the renting motor carrier;

(B) The identification number issued the renting motor carrier by the Federal Highway Administration, preceded by the letters "USDOT", if the motor carrier has been issued such a number. In lieu of the identification number required in this paragraph, the following may be shown:

(1) Information which will indicate if the motor carrier is engaged in "interstate" or "intrastate" commerce: and:

(2) Information which will indicate if the renting motor carrier is transporting hazardous materials in the rented commercial motor vehicle;

(C) The sentence: "This lessor cooperates with all federal, state, and local law enforcement officials nationwide to provide the identify of customers who operate this rental commercial motor vehicle;" and

(v) The rental agreement entered into by the lessor and the renting motor carrier is carried on the rental commercial motor vehicle during the full term of the rental agreement.

SUBPART C – INTERMODAL TRANSPORTATION

(Note: The effective date of this rule has been extended by FHWA until September 1, 1996).

ß390.50 Applicability.

The provisions of this subpart apply to any person tendering a loaded container or trailer which is transported by a motor carrier on a public highway in the United States and to carriers used to transport such containers or trailers. This subpart also applies to any person who coerces or attempts to coerce a motor carrier to transport a loaded container or trailer in violation of this subpart.

ß390.52 Definitions.

In this subpart:

Applicable state law means the vehicle weight laws, including overweight operating permit regulations, of each State in which intermodal transportation occurs or where an act of coercion allegedly occurs.

Carrier means:

(1) A motor carrier, water carrier, and rail carrier (as such terms are defined in 49 U.S.C. 10102), and

(2) An ocean common carrier (as such term is defined in 46 U.S.C. App. 1702), providing transportation of property in commerce.

Coerce or attempt to coerce means a threat to inflict physical harm or to withhold business from a person participating in intermodal transportation in order to induce that person to transport a loaded container or trailer in violation of the provisions of ßß390.56 or 390.60.

Container means an article of transport equipment:

(1) Of a permanent character and accordingly strong enough to be suitable for repeated use;

(2) Specially designed to facilitate the carriage of goods by one or more modes of transport, without intermediate reloading;

(3) Fitted with devices permitting its ready handling, particularly its transfer from one mode of transport to another;

(4) So designed as to be easy to fill and empty; and

(5) Having an internal volume of one cubic meter (35.3 cubic feet) or more.

Initial carrier means the first carrier transporting in intermodal transportation a loaded container or trailer.

Intermodal transportation means successive carriage of a loaded container or trailer from an origin point to a destination point by more than one type of carrier in interstate or foreign commerce. Such term shall include carriage by more than one mode of transportation in interstate or foreign commerce both under a single bill of lading and under separate bills of lading.

Loaded container or trailer means a container or trailer in intermodal transportation with an actual gross cargo weight (inclusive of packing material and pallets) of more than 10,000 pounds or 4,356 kilograms.

Reasonable description means a representative statement that characterizes the cargo transported, such as, but not limited to, the term freight all kinds and other similar generic descriptions. A reasonable description shall identify a container or trailer loaded with perishable agricultural commodities. A reasonable description shall identify a container or trailer whose contents are likely to shift during intermodal transportation causing an uneven or concentrated weight distribution which may result in an axle weight violation during highway transportation. For the purposes of reasonable description, likely to shift means the contents of a container or trailer by the nature of its transportation characteristics has a high probability of moving within the container or trailer. Hazardous material shipping paper requirements (49 CFR part 172, subpart C) are not affected by this definition, and shipping papers must be prepared as required.

Tender a loaded container or trailer means to present a loaded container or trailer to an initial carrier for intermodal transportation. A person who loads the container or trailer, including a person who consolidates multiple shipments, shall be considered to be the person tendering a loaded container or trailer unless some other appropriate party assumes that responsibility. Trailer means a nonpower, cargo carrying, trailing unit which is designed for use in combination with a truck tractor.

ß390.54 Notification and certification.

(a) If the initial carrier is a motor carrier, before any person tenders a container or trailer subject to this subpart having a projected gross cargo weight (inclusive of packing material and pallets) of more than 10,000 pounds or 4,536 kilograms, such person shall notify the initial carrier of the projected gross cargo weight and a reasonable description of the contents of the container or trailer. The notification may be communicated by electronic transmission or telephone.

(b) At or before the time any person tenders a loaded container or trailer subject to this subpart, such person shall provide a certification to the initial carrier.

(1) If the initial carrier is a motor carrier, the certification shall be provided in a tangible form.

(2) This certification may be transmitted electronically, provided that the certification can be reproduced in a tangible form.

(3) A carrier, agent of a carrier, broker, customs broker, freight forwarder, warehouseman, and terminal operator shall not be considered to be tendering a loaded container or trailer unless such person loads the container or trailer or issues the certification on the basis of information available from the person who loads the container or trailer.

(c) The certification shall include:

(1) The title "INTERMODAL CERTIFICATION";

(2) The identification number of the container or trailer;

(3) The actual gross cargo weight, including the unit of measurement, of the contents of the container or trailer, including packing material and pallets;

(4) A reasonable description of the contents;

(5) The name and company of the person tendering the loaded container or trailer; and

(6) The date.

(d) Signature. The certification required by paragraph (c) of this section:

(1) Must be legibly signed by the person or representative tendering the loaded container or trailer; and

(2) May be legibly signed manually, by typewriter, or other mechanical means.

(e) The required elements of a certification shall be legible and in the English language.

(f) No person may provide false or erroneous information in a certification.

(g) The following form may be used to comply with this section:

Intermodal Certification

Identification number:

Cargo weight:

Reasonable description:

(Name and company of the person tendering the loaded container or trailer)

(Signature of the person tendering the loaded container or trailer)

(Date)

ß390.56 Duty of motor carrier.

(a) No motor carrier may provide transportation of a loaded container or trailer subject to this subpart prior to receiving the certification required by ß390.54 in a tangible form.

(b) The certification in a tangible form shall accompany the loaded container or trailer during transportation by a motor carrier.

ß390.58 Forwarding and retention of certification.

(a) A carrier, agent of a carrier, broker, customs broker, freight forwarder, warehouseman, or terminal operator that receives the certification required by ß390.54 in the course of intermodal transportation shall forward the certification to a subsequent carrier transporting the loaded container or trailer.

(1) If received in a tangible form, the certification may be converted into an electronic format.

(2) If received as a separate document, the certification may be incorporated into a shipping document corresponding to the loaded container or trailer.

(3) The person who converts a certification into an electronic format and/or incorporates a certification into a shipping document corresponding to the loaded container or trailer shall state in writing that the conversion and/or incorporation was performed accurately. Such statement shall take the following form: "Electronic Format and/or Incorporation by John Doe, X Company, Month/Day/Year." Such statement shall appear immediately after the certification of the person tendering the loaded container or trailer.

(b) The certification may be forwarded by electronic transmission provided that all subsequent motor carriers receive the certification in a tangible form.

(c) The forwarding of any certification required or statement authorized by this section does not constitute a verification or affirmation of the accuracy or completeness of the certification or statement.

(d) Any person who tenders a loaded container or trailer that is transported by a motor carrier, and each motor carrier transporting a loaded container or trailer shall maintain a copy of the certification for a period of one year from the date of the tendering. Certifications may be maintained electronically if the certification can be reproduced in a tangible form.

ß390.60 Coercion.

(a) No person may coerce or attempt to coerce a person to transport a loaded container or trailer subject to this subpart without the certification required by ß390.54.

(b) No person, knowing that the weight of a tractor-trailer combination which includes a loaded container or trailer is in excess of that permitted by applicable State law, may coerce or attempt to coerce a motor carrier or driver in violation of such law-

(1) To transport the loaded container or trailer; or

(2) To operate the tractor-trailer combination.

(c) Exception. This section does not apply to a carrier transferring a loaded container or trailer to another carrier in the course of intermodal transportation. This exception does not apply if the transferring carrier is also the person tendering the loaded container or trailer.

Appendix H to Subchapter B-State Enforcement and Liens

This appendix reprints for informational purposes those portions of sec. 2 of the Intermodal Safe Container Transportation Act of 1992 (Pub. L. 102-548, 106 Stat. 3646) which enacted 49 U.S.C.5904, 5905, and 5906, concerning State and liens, and amended 49 U.S.C. 5901 by adding the definition of beneficial owner.

The text of 49 U.S.C. 5901(2) reads:

(2) "Beneficial owner" means a person not having title to property, but having ownership rights in the property, including a trustee of property in transit from an overseas place of origin that is domiciled or doing business in the United States, except that a carrier, agent of a carrier, broker, customs broker, freight forwarder, warehouser, or terminal operator is not a beneficial owner only because of providing or arranging for any part of the intermodal transportation of property.

The text of 49 U.S.C. 5904, State enforcement, reads:

(a) GENERAL.-A State may enact a law to permit the State or a political subdivision of the State-

(1) to impose a fine or penalty, for a violation of a State highway weight law or regulation by a tractor-trailer combination carrying a loaded container or trailer for which a certification is required by section 5902(b) of this title, against the person tendering the loaded container or trailer to the first carrier if the violation results from the person’s having provided erroneous information in the certification in violation of section 5903(a) of this title; and
(2) to impound the container or trailer until the fine or penalty has been paid by the owner or beneficial owner of the contents of the container or trailer or the person tendering the loaded container or trailer to the first carrier.

(b) LIMITATION.-This chapter does not require a person tendering a loaded container or trailer to the first carrier to ensure that the first carrier or any other carrier involved in the intermodal transportation will comply with any State highway weight law or regulation, other than as required by this chapter.

The text of 49 U.S.C. 5905, Liens, reads:

(a) GENERAL.-If a person involved in the intermodal transportation of a loaded container or trailer for which a certification is required by section 5902(b) of this title is required under State law to post a bond or pay any fine, penalty, cost, or interest resulting from providing erroneous information in the certification to the first carrier in violation of section 5903(a) of this title, the person has a lien against the contents equal to the amount of the bond, fine, penalty, cost, or interest incurred, until the person receives a payment of that amount from the owner or beneficial owner of the contents or from the person responsible for making the certification.

(b) LIMITATIONS.-(1) A lien under this section does not authorize a person to dispose of the contents of a loaded container or trailer until the person who tendered the container or trailer to the first carrier is given a reasonable opportunity to establish responsibility for the bond, fine, penalty, cost, or interest.

(2) In this section, an owner or beneficial owner of the contents of a container or trailer or a person tendering a container or trailer to the first carrier is deemed not to be a person involved in the intermodal transportation of the container or trailer.

The text of 49 U.S.C. 5906, Perishable agricultural commodities, reads:

Sections 5904(a)(2) and 5905 of this title do not apply to a container or trailer the contents of which are perishable agricultural commodities (as defined in the Perishable
Agricultural Commodities Act, 1930 (7 U.S.C. 499a et seq.)).

PART 395 – HOURS OF SERVICE OF DRIVERS

Sec 395.1 Scope of the rules in this part.

395.2 Definitions.

395.3 Maximum driving and on-duty time

395.6 [Reserved]

395.7 [Reserved]

395.8 Driver’s record of duty status.

395.10 [Reserved]

395.11 [Reserved]

395.12 [Reserved]

395.13 Drivers declared out of service.

395.15 Automatic on-board recording devices.

AUTHORITY: 49 U.S.C. 31133, 31136 and 31502; and 49 CFR 1.48.

ß395.1 Scope of rules in this part.

(a) General. The rules in this part apply to all motor carriers and drivers, except as provided in paragraphs (b) through (k) of this section.

(b) Adverse driving conditions. (1) Except as provided in paragraph (i)(2) of this section, a driver who encounters adverse driving conditions, as defined in ß395.2, and cannot, because of those conditions, safely complete the run within the 10-hr maximum driving time permitted by ß395.3(a) may drive and be permitted or required to drive a commercial motor vehicle for not more than 2 additional hours in order to complete that run or to reach a place offering safety for vehicle occupants and security for the commercial motor vehicle and its cargo. However, that driver may not drive or be permitted to drive –

(i) For more than 12 hours in the aggregate following 8 consecutive hours off duty; or

(ii) After he/she has been on duty 15 hours following 8 consecutive hours off duty.

(2) Emergency conditions. In case of any emergency, a driver may complete his/her run without being in violation of the provisions of the regulations in this part, if such run reasonably could have been completed absent the emergency.

(c) Driver-salesperson. The provisions of ß395.3(b) shall not apply to any driver-salesperson whose total driving time does not exceed 40 hours in any period of 7 consecutive days.

(d) Oilfield operations. (1) In the instance of drivers of commercial motor vehicles used exclusively in the transportation of oilfield equipment, including the stringing and picking up of pipe used in pipelines, and servicing of the field operations of the natural gas and oil industry, any period of 8 consecutive days may end with the beginning of any off-duty period of 24 or more successive hours.

(2) In the case of specially trained drivers of commercial motor vehicles which are specially constructed to service oil wells, on-duty time shall not include waiting time at a natural gas or oil well site; provided; that all such time shall be fully and accurately accounted for in records to be maintained by the motor carrier. Such records shall be made available upon request of the Federal Highway Administration.

(e) 100 air-mile radius driver. A driver is exempt from the requirements of Section 395.8 if:

(1) The driver operates within a 100 air-mile radius of the normal work reporting location;

(2) The driver, except a driver salesperson, returns to the work reporting location and is released from work within 12 consecutive hours;

(3) At least 8 consecutive hours off duty separate each 12 hours on duty;

(4) The driver does not exceed 10 hours maximum driving time following 8 consecutive hours off duty; and,

(5) The motor carrier that employs the driver maintains and retains for a period of 6 months accurate and true time records showing:

(i) The time the driver reports for duty each day;

(ii) The total number of hours the driver is on duty each day;

(iii) The time the driver is released from duty each day; and

(iv) The total time for the preceding 7 days in accordance with ß395.8(j)(2) for drivers used for the first time or intermittently.

(f) Retail store deliveries. The provisions of ß395.3(a) and (b) shall not apply with respect to drivers of commercial motor vehicles engaged solely in making local deliveries from retail stores and/or retail catalog businesses to the ultimate consumer when driving solely within a 100-air mile radius of the driver’s work-reporting location, during the period from
December 10 to December 25, both inclusive, of each year.

(g) Retention of driver’s record of duty status. Upon written request to, and with the approval of, the Regional Director of Motor Carriers for the region in which the motor carrier has its principal place of business, a motor carrier may forward and maintain the driver’s records of duty status at a regional or terminal office. The addresses and jurisdictions of the Regional Directors’ offices are shown in ß390.27 of this chapter.

(h) Sleeper berths. Drivers using sleeper berth equipment as defined in ß395.2 or who are off duty at a natural gas or oil well location, may cumulate the required 8 consecutive hours off duty, as required by ß395.3, resting in a sleeper berth in two separate periods totaling 8 hours, neither period to be less than 2 hours, or resting while off duty in other sleeping accommodations at a natural gas or oil well location.

(i) State of Alaska. (1) The provisions of ß395.3 shall not apply to any driver who is driving a commercial motor vehicle in the State of Alaska. A driver who is driving a commercial motor vehicle in the State of Alaska must not drive or be required or permitted to drive –

(i) More than 15 hours following 8 consecutive hours off duty;

(ii) After being on duty for 20 hours or more following 8 consecutive hours off duty;

(iii) After having been on duty for 70 hours in any period of 7 consecutive days, if the motor carrier for which the driver does not operate every day in the week; or

(iv) After having been on duty for 80 hours in any period of 8 consecutive days, if the motor carrier for which the driver drives operates every day in the week.

(2) A driver who is driving a commercial motor vehicle in the State of Alaska and who encounters adverse driving conditions (as defined in ß395.2) may drive and be permitted or required to drive a commercial motor vehicle for the period of time needed to complete the run. After he/she completes the run, that driver must be off duty for 8 consecutive hours before he/she drives again.

(j) State of Hawaii. The rules in ß395.8 do not apply to a driver who drives a commercial motor vehicle in the State of Hawaii, if the motor carrier who employs the driver maintains and retains for a period of 6 months accurate and true records showing –

(1) The total number of hours the driver is on duty each day, and

(2) The time at which the driver reports for, and is released from, duty each day.

(k) Travel time. When a driver at the direction of the motor carrier is traveling, but not driving or assuming any other responsibility to the carrier, such time shall be counted as on-duty time unless the driver is afforded at least 8 consecutive hours off duty when arriving at destination, in which case he/she shall be considered off duty for the entire period.

ß395.2 Definitions.

As used in this part, the following words and terms are construed to mean:

Adverse driving conditions means snow, sleet, fog, other adverse weather conditions, a highway covered with snow or ice, or unusual road and traffic conditions, none of which were apparent on the basis of information known to the person dispatching the run at the time it was begun.

Automatic on-board recording device means an electric, electronic, electromechanical, or mechanical device capable of recording driver’s duty status information accurately and automatically as required by ß395.15. The device must be integrally synchronized with specific operations of the commercial motor vehicle in which it is installed. At a minimum, the device must record engine use, road speed, miles driven, the date, and time of day.

Driver-salesperson means any employee who is employed solely as such by a private carrier of property by commercial motor vehicle who is engaged both in selling goods, services, or the use of goods, and in delivering by commercial motor vehicle the goods sold or provided or upon which the services are performed, who does so entirely within a radius of 100 miles of the point at which he/she reports for duty, who devotes not more than 50 percent of his/her hours on duty to driving time. The term selling goods for purposes of this section shall include in all cases solicitation or obtaining of reorders or new accounts, and may also include other selling or merchandising activities designed to retain the customer or to increase the sale of goods or services in addition to solicitation or obtaining of reorders or new accounts.

Driving time means all time spent at the driving controls of a commercial motor vehicle in operation.

Eight consecutive days means the period of 8 consecutive days beginning on any day at the time designated by the motor carrier for a 24-hour period.

Multiple stops means all stops made in any one village, town, or city may be computed as one.

On-duty time means all time from the time a driver begins to work or is required to be in readiness to work until the time he/she relieved from work and all responsibility for performing work. On-duty time shall include:

(1) All time at a carrier or shipper plant, terminal facility, or other property, or on any public property, waiting to be dispatched, unless the driver has been relieved from duty by the motor carrier;

(2) All time inspecting equipment as required by ßß392.7 and 392.8 of this chapter or otherwise inspecting, servicing, or conditioning any commercial motor vehicle at any time.

(3) All driving time as defined in the term driving time in this section;

(4) All time, other than driving time, in or upon any commercial motor vehicle except time spent resting in a sleeper berth as defined by the term sleeper berth of this section;

(5) All time loading or unloading a commercial motor vehicle, supervising, or assisting in the loading or unloading, attending a commercial motor vehicle being loaded or unloaded, remaining in readiness to operate the commercial motor vehicle, or in giving or receiving receipts for shipments loaded or unloaded;

(6) All time repairing, obtaining assistance, or remaining in attendance upon a disabled commercial motor vehicle;

(7) All time spent providing a breath sample or urine specimen, including travel time to and from the collection site, in order to comply with the random, reasonable suspicion, post-accident, or follow-up testing required by part 382 or part 391, subpart H, of this subchapter, whichever is applicable, when directed by a motor carrier.

(8) Performing any other work in the capacity of, or in the employ or service of, a common, contract or private motor carrier; and

(9) Performing any compensated work for any nonmotor carrier entity.

Seven consecutive days means the period of 7 consecutive days beginning on any day at the time designated by the motor carrier for a 24-hour period.

Sleeper berth means a berth conforming to the requirements of ß393.76 of this chapter.

Twenty-four-hour period means any 24-consecutive-hour period beginning at the time designated by the motor carrier for the terminal from which the driver is normally dispatched.

ß395.3 Maximum driving time.

(a) Except as provided in ßß395.1 (b)(1), 395.1(f)and 395.1(i), no motor carrier shall permit or require any driver used by it to drive nor shall any such driver drive:

(1) More than 10 hours following 8 consecutive hours off duty; or

(2) For any period after having been on duty 15 hours following 8 consecutive hours off duty.

(b) No motor carrier shall permit or require a driver of a commercial motor vehicle to drive, nor should any driver drive, regardless of the number of motor carriers using the driver’s services, to drive for any period after-

(1) Having been on duty 60 hours in any 7 consecutive days if the employing motor carrier does not operate commercial motor vehicles every day in the week; or

(2) Having been on duty 70 hours in any period of 8 consecutive days if the employing motor carrier operates commercial motor vehicles every day of the week.

ß395.6 [Reserved]

ß395.7 [Reserved]

ß395.8 Driver’s record of duty status.

(a) Except for a private motor carrier of passengers (nonbusiness), every motor carrier shall require every driver used by the motor carrier to record his/her duty status for each 24 hour period using the methods prescribed in either paragraphs (a)(1) or (2) of this section.

(1) Every driver who operates a commercial motor vehicle shall record his/her duty status, in duplicate, for each 24 hour period. The duty status time shall be recorded on a specified grid, as shown in paragraph (g) of this section. The grid and the requirements of paragraph (d) of this section may be combined with any company forms. The previously approved format of the Daily Log Form MCS-59 or the Multi-day Log, MCS-139 and 139A, which meets the requirements of this section, may continue to be used.

(2) Every driver who operates a commercial motor vehicle shall record his/her duty status by using an automatic on-board recording device that meets the requirements of ß395.15 of this part. The requirements of ß395.8 shall not apply, except paragraphs (e) and (k)(1) and (2) of this section.

(b) The duty status shall be recorded as follows:

(1) "Off duty" or "Off"

(2) "Sleeper berth" or "SB" (only if a sleeper berth used).

(3) "Driving" or "D".

(4) "On-duty not driving" or "ON".

(c) For each change of duty status (e.g., the place of reporting for work, starting to drive, on-duty not driving and where released from work), the name of the city, town, or village, with State abbreviation, shall be recorded.

Note-If a change of duty status occurs at a location other than a city, town, or village, show one of the following: (1) The highway number and nearest milepost followed by the name of the nearest city, town, or village and State abbreviation, (2) The highway number and the name of the service plaza followed by the name of the nearest city, town, or village and State abbreviation, or (3) The highway numbers of the nearest two intersecting roadways followed by the name of the nearest city, town, or village and State abbreviation.

(d) The following information must be included on the form in addition to the grid:

(1) Date;

(2) Total miles driving today;

(3) Truck or tractor and trailer number;

(4) Name of carrier;

(5) Driver’s signature/certification;

(6) 24-hour period starting time (e.g., midnight, 9:00 am., noon, 3:00 p.m.);

(7) Main office address;

(8) Remarks;

(9) Name of co-driver;

(10) Total hours (far right edge of grid); and

(11) Shipping document number(s), or name of shipper and commodity;

(e) Failure to complete the record of duty activities of this section or ß395.15, failure to preserve a record of such duty activities, or making of false reports in connection with such duty activities shall make the driver and/or the carrier liable to prosecution.

(f) The driver’s activities shall be recorded in accordance with the following provisions:

(1) Entries to be current. Drivers shall keep their record of duty status current to the time shown for the last change of duty status.

(2) Entries made by driver only. All entries relating to driver’s duty status must be legible and in the driver’s own handwriting.

(3) Date. The month, day and year for the beginning of each 24-hour period shall be shown on the form containing the driver’s duty status record.

(4) Total mileage driving today. Total mileage driven during the 24-hour period shall be recorded on the form containing the driver’s duty status record.

(5) Commercial motor vehicle identification. The driver shall show the number assigned by the motor carrier or State and the license number of each commercial motor vehicle operated during each 24-hour period on his/her record of duty status. The driver of an articulated (combination) commercial motor vehicle shall show the number assigned by the motor carrier or the State and the license number of each motor vehicle used in each commercial motor vehicle combination operated during that 24-hour period on his/her record of duty status.

(6) Name of carrier. The name(s) of the motor carrier(s) for which work is performed shall be shown on the form containing the driver’s duty status record. When work is performed for more than one motor carrier during the same 24-hour period, the beginning and finishing time, showing a.m. or p.m., worked for each motor carrier shall be shown after each motor carrier’s name. Drivers of leased commercial motor vehicles shall show the name of the motor carrier performing the transportation.

(7) Signature/certification. The driver shall certify to the correctness of all entries by signing the form containing the driver’s duty status record with his/her legal name or name of record. The driver’s signature certifies that all entries required by this section made by the driver are true and correct.

(8) Time based to be used. (i)The driver’s duty status record shall be prepared, maintained, and submitted using the time standard in effect at the driver’s home terminal, for a 24-hour period beginning with the time specified by the motor carrier for that driver’s home terminal.

(ii) The term "7 or 8 consecutive days" means the 7 or 8 consecutive 24hour periods as designated by the carrier for the driver’s home terminal.

(iii) The 24-hour period starting time must be identified on the driver’s duty status record. One-hour increments must appear on the graph, be identified, and preprinted. The words "Midnight" and "Noon" must appear above or beside the appropriate one-hour increment.

(9) Main office address. The motor carrier’s main office address shall be shown on the form containing the driver’s duty status record.

(10) Recording days off duty. Two or more consecutive 24-hour periods off duty may be recorded on one duty status record.

(11) Total hours. The total hours in each duty status: off duty other than in a sleeper berth; off duty in a sleeper berth; driving, and on duty not driving, shall be entered to the right of the grid, the total of such entries shall equal 24 hours.

(12) Shipping document number(s), or name of shipper and commodity shall be shown on the driver’s record of duty status.

(g) Graph grid. The following graph grid must be incorporated into a motor carrier recordkeeping system which must also contain the information required in paragraph (d) of this section.

(h) Graph Grid Preparation. The graph grid may be used horizontally or vertically and shall be completed as follows:

(1) Off duty. Except for time spent resting in a sleeper berth, a continuous line shall be drawn between the appropriate time markers to record the period(s) of time when driver is not on duty, is not required to be in readiness to work, or is not under any responsibility for performing work.

(2) Sleeper berth. A continuous line shall be drawn between the appropriate time markers to record the period(s) of time off duty resting in a sleeper berth, as defined in ß395.2. (If a non-sleeper berth operation, sleeper berth need not be shown on the grid.)

(3) Driving. A continuous line shall be drawn between the appropriate time markers to record the period(s) of driving time as defined in ß395.2.

(4) On duty not driving. A continuous line shall be drawn between the appropriate time markers to record the period(s) of time on duty not driving specified in ß395.2.

(5) Location – Remarks. The name of the city, town, or village, with State abbreviation where each change of duty status occurs shall be recorded.

Note- If a change of duty status occurs at a location other than a city, town, or village, show one of the following. (1) The highway number and nearest milepost followed by the name of the nearest city, town, or village and State abbreviation. (2) The highway number and the name of the service plaza followed by the name of the nearest city, town, or village and State abbreviation, or (3) The highway numbers of the nearest two intersecting roadways followed by the name of the nearest city, town, or village and State abbreviation.

(i) Filing driver’s record of duty status. The driver shall 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.

(j) Drivers used by more than one motor carrier. (1) When the services of a driver are used by more than one motor carrier during any 24-hour period in effect at the driver’s home terminal, the driver shall submit a copy of the record of duty status to each motor carrier. The record shall include:

(I) All duty time for the entire 24-hour period;

(ii) The name of each motor carrier served by the driver during that period; and

(iii) The beginning and finishing time, including a.m. or p.m., worked for each carrier.

(2) Motor carriers, when using a driver for the first time or intermittently, shall obtain from the driver a signed statement giving the total time on duty during the immediately preceding 7 days and the time at which the driver was last relieved from duty prior to beginning work for the motor carriers.

(k) Retention of driver’s record of duty status. (1) Driver’s records of duty status for each calendar month may be retained at the driver’s home terminal until the 20th day of the succeeding calendar month. Such records shall then be forwarded to the carrier’s principal place of business where they shall be retained with all supporting documents for a period of 6 months from date of receipt.

(2) The driver shall retain a copy of each record of duty status for the previous 7 consecutive days which shall be in his/her possession and available for inspection while on duty.
Note – Driver’s record of duty status.

The graph grid, when incorporated as part of any form used by a motor carrier, must be of sufficient size to be legible.

The following executed specimen grid illustrates how a driver’s duty status should be recorded for a trip from Richmond, Virginia, to Newark, New Jersey. The grid reflects the midnight to midnight 24 hour period.

The driver in this instance reported for duty at the motor carrier’s terminal. The driver reported for work at 6 a.m., helped load, checked with dispatch, made a pretrip inspection, and performed other duties until 7:30 a.m when the driver began driving. At 9 a.m. the driver had a minor accident in Fredericksburg, Virginia, and spent one half hour handling details with the local police. The driver arrived at the company’s Baltimore, Maryland, terminal at noon and went to lunch while minor repairs were made to the tractor. At 1 p.m. the driver resumed the trip and made a delivery in Philadelphia, Pennsylvania, between 3 p.m. and 3:30 at which time the driver started driving again. Upon arrival at Cherry Hill, New Jersey, at 4 p.m., the driver entered the sleeper berth for a rest break until 5:45 p.m. at which time the driver resumed driving again. At 7 p.m. the driver arrived at the company’s terminal in Newark, New Jersey. Between 7 p.m. and 8 p.m. the driver prepared the required paperwork including completing the driver’s record of duty status, driver vehicle inspection report, insurance report for the Fredericksburg, Virginia accident, checked for the next day’s dispatch, etc. At 8p.m. the driver went off duty.

ß395.10 [Reserved]

ß395.11 [Reserved]

ß395.12 [Reserved]

ß395.13 Drivers declared out of service.

(a) Authority to declare drivers Out of Service. Every special agent of the Federal Highway Administration (as defined in Appendix B to this subchapter) is authorized to declare a
driver out of service and to notify the motor carrier of that declaration, upon finding at the time and place of examination that the driver has violated the out of service criteria as set forth in paragraph (b) of this Section.

(b) Out of service criteria. (1) No driver shall drive after being on duty in excess of the maximum periods permitted by this part.

(2) No driver required to maintain a record of duty status under ß395.8 or ß395.15 of this part shall fail to have a record of duty status current on the day of examination and for the prior 7 consecutive days.

(3) Exception. A driver failing only to have possession of a record of duty status current on the day of examination and the prior day, but has completed records of duty status up to that time (previous 6 days), will be given the opportunity to make the duty status record current.

(c) Responsibilities of motor carriers. (1) No motor carrier shall:

(i) Require or permit a driver who has been declared out of service to operate a commercial motor vehicle until that driver may lawfully do so under the rules in this part.

(ii) Require a driver who has been declared out of service for failure to prepare a record of duty status to operate a commercial motor vehicle until that driver has been off duty for 8 consecutive hours and is in compliance with this section. The consecutive 8 hour off-hour duty period may include sleeper berth time.

(2) A motor carrier shall complete the "Motor Carrier Certification of Action Taken" portion of the Form MCS-63 (Driver-Vehicle Examination Report) and deliver the copy of the form either personally or by mail to the Regional Director, Office of Motor Carrier Safety, Federal Highway Administration, at the address specified upon the form within 15 days following the date of examination. If the motor carrier mails the form, delivery is made on the date it is postmarked.

(d) Responsibilities of the driver. (1) No driver who has been declared out of service shall operate a commercial motor vehicle until that driver may lawfully do so under the rules of this part.

(2) No driver who has been declared out of service, for failing to prepare a record of duty status, shall operate a commercial motor vehicle until the driver has been off duty for 8 consecutive hours and is in compliance with this section.

(3) A driver to whom a form has been tendered declaring the driver out of service shall within 24 hours thereafter deliver or mail the copy to a person or place designated by motor carrier to receive it.

(4) Section ß395.13 does not alter the hazardous materials requirements prescribed in ß397.5 pertaining to attendance and surveillance of commercial motor vehicles.

ß395.15 Automatic on-board recording devices.

(a) Authority to use automatic on-board recording device.

(1) A motor carrier may require a driver to use an automatic on-board recording device to record the driver’s hours of service in lieu of complying with the requirements of ß395.8 of this part.

(2) Every driver required by a motor carrier to use an automatic on-board recording device shall use such device to record the driver’s hours of service.

(b) Information requirements.

(1) Automatic on-board recording devices shall produce, upon demand, a driver’s hours of service chart, electronic display, or printout showing the time and sequence of duty status changes including the driver’s starting time at the beginning of each day.

(2) The device shall provide a means whereby authorized Federal, State, or local officials can immediately check the status of a driver’s hours of service. This information may be used in conjunction with handwritten or printed records of duty status, for the previous 7 days.

(3) Support systems used in conjunction with on-board recorders at a driver’s home terminal or the motor carrier’s principal place of business must be capable of providing authorized Federal, State or local officials with summaries of an individual driver’s hours of service records, including the information specified in ß395.8(d) of this part. The support systems must also provide information concerning on-board system sensor failures and identification of edited data. Such support systems should meet the information interchange requirements of the American National Standard Code for Information Interchange (ANSCII) (EIARS-232/CCITT V.24 port (National Bureau of Standards "Code for Information Interchange," FIPS PUB 1-1)).

(4) The driver shall have in his/her possession records of duty status for the previous 7 consecutive days available for inspection while on duty. These records shall consist of information stored in and retrievable from the automatic on-board recording device, handwritten records, computer generated records, or any combination thereof.

(5) All hard copies of the driver’s record of duty status must be signed by the driver. The driver’s signature certifies that the information contained thereon is true and correct.

(c) The duty status and additional information shall be recorded as follows:

(1) "Off duty" or "OFF", or by an identifiable code or character.

(2) "Sleeper berth" or "SB" or by an identifiable code or character (only if the sleeper berth is used);

(3) "Driving" or "D", or by an identifiable code or character; and

(4) "On-duty not driving" or "ON" or by an identifiable code or character.

(5) Date;

(6) Total miles driving today;

(7) Truck or tractor and trailer number;

(8) Name of carrier;

(9) Main office address;

(10) 24-hour period starting time (e.g., midnight, 9:00 a.m., noon, 3:00 p.m.)

(11)Name of co-driver;

(12) Total hours; and

(13) Shipping document number(s), or name of shipper and commodity.

(d) Location of duty status change.

(1) For each change of duty status (e.g., the place and time of reporting for work, starting to drive, on-duty not driving and where released from work), the name of the city, town, or village, with State abbreviation, shall be recorded.

(2) Motor carriers are permitted to use location codes in lieu of the requirements of paragraph (d)(1) of this section. A list of such codes showing all possible location identifiers shall be carried in the cab of the commercial motor vehicle and available at the motor carrier’s principal place of business. Such lists shall be made available to an enforcement official on request.

(e) Entries made by driver only. If a driver is required to make written entries relating to the driver’s duty status, such entries must be legible and in the driver’s own handwriting.

(f) Reconstruction of records of duty status. Drivers are required to note any failure of automatic on-board recording devices, and to reconstruct the driver’s record of duty status for the current day, and the past 7 days, less any days for which the drivers have records, and to continue to prepare a handwritten record of all subsequent duty status until the device is again operational.

(g) On-board information. Each commercial motor vehicle must have on-board the commercial motor vehicle an information packet containing the following items:

(1) An instruction sheet describing in detail how data may be stored and retrieved from an automatic on-board recording system; and

(2) A supply of blank driver’s records of duty status graph-grids sufficient to record the driver’s duty status and other related information for the duration of the current trip.

(h) Submission of driver’s record of duty status.

(1) The driver shall submit, electronically or by mail to the employing motor carrier, each record of the driver’s duty status within 13 days following the completion of each record;

(2) The driver shall review and verify that all entries are accurate prior to submission to the employing motor carrier; and

(3) The submission of the record of duty status certifies that all entries made by the driver are true and correct.

(i) Performance of recorders. Motor carriers that use automatic on-board recording devices for recording their drivers’ records of duty status in lieu of the handwritten record shall ensure that:

(1) A certificate is obtained from the manufacturer certifying that the design of the automatic on-board recorder has been sufficiently tested to meet the requirements of this section and under the conditions it will be used;

(2) The automatic on-board recording device permits duty status to be updated only when the commercial motor vehicle is at rest, except when registering the time a commercial motor vehicle crosses a State boundary;

(3) The automatic on-board recording device and associated support systems are to the maximum extent practicable, tamperproof and do not permit altering of the information collected concerning the driver’s hours of service;

(4) The automatic on-board recording device warns the driver visually and/or audibly that the device has ceased to function. Devices installed and operational as of October 31, 1988 and authorized to be used in lieu of the handwritten record of duty status by the FHWA are exempted from this requirement.

(5) Automatic on-board recording devices with electronic displays shall have the capability of displaying the following:

(i) Driver’s total hours of driving today;

(ii) The total hours on duty today;

(iii) Total miles driving today;

(iv) Total hours on duty for the 7 consecutive day period, including today;

(v) Total hours on duty for the prior 8 consecutive day period, including the present day; and

(vi) The sequential changes in duty status and the times the changes occurred for each driver using the device.

(6) The on-board recorder is capable of recording separately each driver’s duty status when there is a multiple-driver operation;

(7) The on-board recording device/system identifies sensor failures and edited data when reproduced in printed form. Devices installed and operational as of October 31, 1988, and authorized to be used in lieu of the handwritten record of duty status by the FHWA are exempted from this requirement.

(8) The on-board recording device is maintained and recalibrated in accordance with the manufacturer’s specifications;

(9) The motor carrier’s drivers are adequately trained regarding the proper operation of the device; and

(10) The motor carrier must maintain a second copy (back-up copy) of the electronic hours-of-service files, by month, in a different physical location than where the original data is stored.

(j) Rescission of authority.

(1) The FHWA may, after notice and opportunity to reply, order any motor carrier or driver to comply with the requirements of ß395.8 of this part.

(2) The FHWA may issue such an order if the FHWA has determined that-

(i) The motor carrier has been issued a conditional or unsatisfactory safety rating by the FHWA;

(ii) The motor carrier has required or permitted a driver to establish, or the driver has established a pattern of exceeding the hours of service limitations of ß395.3 of this part;

(iii) The motor carrier has required or permitted a driver to fail, or the driver has failed, to accurately and completely record the driver’s hours of service as required in this section; or

(iv)The motor carrier or driver has tampered with or otherwise abused the automatic on-board recording device on any commercial motor vehicle.

Part 396 – INSPECTION, REPAIR, AND MAINTENANCE

Sec.

396.1 Scope.

396.3 Inspection, repair, and maintenance.

396.5 Lubrication.

396.7 Unsafe operations forbidden.

396.9 Inspection of motor vehicles in operation.

396.11 Driver vehicle inspection report(s)

396.13 Driver inspection.

396.15 Driveaway-towaway operations, inspections.

396.17 Periodic inspection.

396.19 Inspector qualifications.

396.21 Periodic inspection recordkeeping requirements.

396.23 Equivalent to periodic inspection.

396.25 Qualifications of brake inspectors.

Authority: 49 U.S.C. 31133, 31136 and 31502; and 49 CFR 1.48.

ß396.1 Scope

General. Every motor carrier, its officers, drivers, agents, representatives, and employees directly concerned with the inspection or maintenance of motor vehicles shall comply and be conversant with the rules in this part.

ß396.3 Inspection, repair, and maintenance.

(a) General. Every motor carrier shall systematically inspect, repair and maintain, or cause to be systematically inspected, repaired, and maintained, all motor vehicles subject to its control.

(1) Parts and accessories shall be in safe and proper operating condition at all times. These include those specified in Part 393 of this subchapter and any additional parts and accessories which may affect safety of operation, including but not limited to, frame and frame assemblies, suspension systems, axles and attaching parts, wheels and rims, and steering systems.

(2) Pushout windows, emergency doors, and emergency door marking lights in buses shall be inspected at least every 90 days.

(b) Required records – For vehicles controlled for 30 consecutive days or more, except for a private motor carrier of passengers (nonbusiness), the motor carriers shall maintain, or cause to be maintained, the following record for each vehicle.

(1) An identification of the vehicle including company number, is so marked, make, serial number, year and tire size. In addition, if the motor vehicle is not owned by the motor carrier, the record shall identify the name of the person furnishing the vehicle;

(2) A means to indicate the nature and due date of the various inspection and maintenance operations to be performed;

(3) A record of inspection and repairs, and maintenance indicating their date and nature; and

(4) A record of tests conducted on pushout windows, emergency doors, and emergency door marking lights on buses.

(c) Record Retention. The records required by this section shall be retained where the vehicle is either housed or maintained for a period of 1 year and for 6 months after the motor vehicle leaves the motor carrier’s control.

ß395.6 Lubrication.
Every motor carrier shall ensure that each motor vehicle subject to its control is –

(a) properly lubricated; and

(b) free of oil and grease leaks.

ß396.7 Unsafe operations forbidden.

(a) General. A motor vehicle shall not be operated in such a condition as to likely cause an accident or a breakdown of the vehicle.

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