Driving of Commercial Motor Vehicles

TITLE 49--TRANSPORTATION

CHAPTER III--FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION, DEPARTMENT OF TRANSPORTATION

PART 392--DRIVING OF COMMERCIAL MOTOR VEHICLES
 
Sec. 392.1 Scope of the rules in this part.

Every motor carrier, its officers, agents, representatives, and
employees responsible for the management, maintenance, operation, or
driving of commercial motor vehicles, or the hiring, supervising,
training, assigning, or dispatching of drivers, shall be instructed in
and comply with the rules in this part.

Sec. 392.2 Applicable operating rules.

Every commercial motor vehicle must be operated in accordance with
the laws, ordinances, and regulations of the jurisdiction in which it is
being operated. However, if a regulation of the Federal Motor Carrier
Safety Administration imposes a higher standard of care than that law,
ordinance or regulation, the Federal Motor Carrier Safety Administration
regulation must be complied with.

Sec. 392.3 Ill or fatigued operator.

No driver shall operate a commercial motor vehicle, and a motor
carrier shall not require or permit a driver to operate a commercial
motor vehicle, while the driver's ability or alertness is so impaired,
or so likely to become impaired, through fatigue, illness, or any other
cause, as to make it unsafe for him/her to begin or continue to operate 
the commercial motor vehicle. However, in a case of grave emergency
where the hazard to occupants of the commercial motor vehicle or other
users of the highway would be increased by compliance with this section,
the driver may continue to operate the commercial motor vehicle to the
nearest place at which that hazard is removed.

Sec. 392.4 Drugs and other substances.

(a) No driver shall be on duty and possess, be under the influence
of, or use, any of the following drugs or other substances:

(1) Any 21 CFR 1308.11 Schedule I substance;

(2) An amphetamine or any formulation thereof (including, but not
limited, to ``pep pills,'' and ``bennies'');

(3) A narcotic drug or any derivative thereof; or

(4) Any other substance, to a degree which renders the driver
incapable of safely operating a motor vehicle.

(b) No motor carrier shall require or permit a driver to violate
paragraph (a) of this section.

(c) Paragraphs (a) (2), (3), and (4) do not apply to the possession
or use of a substance administered to a driver by or under the
instructions of a licensed medical practitioner, as defined in
Sec. 382.107 of this subchapter, who has advised the driver that the
substance will not affect the driver's ability to safely operate a motor
vehicle.

(d) As used in this section, ``possession'' does not include
possession of a substance which is manifested and transported as part of
a shipment.

Sec. 392.5 Alcohol prohibition.

(a) No driver shall--

(1) Use alcohol, as defined in Sec. 382.107 of this subchapter, or
be under the influence of alcohol, within 4 hours before going on duty
or operating, or having physical control of, a commercial motor vehicle;
or

(2) Use alcohol, be under the influence of alcohol, or have any
measured alcohol concentration or detected presence of alcohol, while on
duty, or operating, or in physical control of a commercial motor
vehicle; or

(3) Be on duty or operate a commercial motor vehicle while the
driver possesses wine of not less than one-half of one per centum of
alcohol by volume, beer as defined in 26 U.S.C. 5052(a), of the Internal
Revenue Code of 1954, and distilled spirits as defined in section
5002

(a)(8), of such Code. However, this does not apply to possession of
wine, beer, or distilled spirits which are:

(i) Manifested and transported as part of a shipment; or

(ii) Possessed or used by bus passengers.

(b) No motor carrier shall require or permit a driver to--

(1) Violate any provision of paragraph (a) of this section; or

(2) Be on duty or operate a commercial motor vehicle if, by the
driver's general appearance or conduct or by other substantiating
evidence, the driver appears to have used alcohol within the preceding
four hours.

(c) Any driver who is found to be in violation of the provisons of
paragraph (a) or (b) of this section shall be placed out-of-service
immediately for a period of 24 hours.

(1) The 24-hour out-of-service period will commence upon issuance of
an out-of-service order.

(2) No driver shall violate the terms of an out-of-service order
issued under this section.

(d) Any driver who is issued an out-of-service order under this
section shall:

(1) Report such issuance to his/her employer within 24 hours; and

(2) Report such issuance to a State official, designated by the
State which issued his/her driver's license, within 30 days unless the
driver chooses to request a review of the order. In this case, the
driver shall report the order to the State official within 30 days of an
affirmation of the order by either the Division Administrator or State
Director for the geographical area or the Administrator.

(e) Any driver who is subject to an out-of-service order under this
section may petition for review of that order by submitting a petition
for review in writing within 10 days of the issuance of the order to 
the Division Administrator or State Director for the
geographical area in which the order was issued. The Division
Administrator or State Director may affirm or reverse the order. Any
driver adversely affected by such order of the Regional Director of
Motor Carriers may petition the Administrator for review in accordance
with 49 CFR 386.13.

Sec. 392.6 Schedules to conform with speed limits.

No motor carrier shall schedule a run nor permit nor require the
operation of any commercial motor vehicle between points in such period
of time as would necessitate the commercial motor vehicle being operated
at speeds greater than those prescribed by the jurisdictions in or
through which the commercial motor vehicle is being operated.

Sec. 392.7 Equipment, inspection and use.

No commercial motor vehicle shall be driven unless the driver is
satisfied that the following parts and accessories are in good working
order, nor shall any driver fail to use or make use of such parts and
accessories when and as needed:

Service brakes, including trailer brake connections.
Parking (hand) brake.
Steering mechanism.
Lighting devices and reflectors.
Tires.
Horn.
Windshield wiper or wipers.
Rear-vision mirror or mirrors.
Coupling devices.

Sec. 392.8 Emergency equipment, inspection and use.

No commercial motor vehicle shall be driven unless the driver
thereof is satisfied that the emergency equipment required by
Sec. 393.95 of this subchapter is in place and ready for use; nor shall
any driver fail to use or make use of such equipment when and as needed.

Sec. 392.9 Inspection of cargo, cargo securement devices and systems.

(a) General. A driver may not operate a commercial motor vehicle and
a motor carrier may not require or permit a driver to operate a
commercial motor vehicle unless--

(1) The commercial motor vehicle's cargo is properly distributed and
adequately secured as specified in Secs. 393.100 through 393.142 of this
subchapter.

(2) The commercial motor vehicle's tailgate, tailboard, doors,
tarpaulins, spare tire and other equipment used in its operation, and
the means of fastening the commercial motor vehicle's cargo, are
secured; and

(3) The commercial motor vehicle's cargo or any other object does
not obscure the driver's view ahead or to the right or left sides
(except for drivers of self-steer dollies), interfere with the free
movement of his/her arms or legs, prevent his/her free and ready access
to accessories required for emergencies, or prevent the free and ready
exit of any person from the commercial motor vehicle's cab or driver's
compartment.

(b) Drivers of trucks and truck tractors. Except as provided in
paragraph (b)(4) of this section, the driver of a truck or truck tractor
must--

(1) Assure himself/herself that the provisions of paragraph (a) of
this section have been complied with before he/she drives that
commercial motor vehicle;

(2) Inspect the cargo and the devices used to secure the cargo
within the first 50 miles after beginning a trip and cause any
adjustments to be made to the cargo or load securement devices as
necessary, including adding more securement devices, to ensure that
cargo cannot shift on or within, or fall from the commercial motor
vehicle; and

(3) Reexamine the commercial motor vehicle's cargo and its load
securement devices during the course of transportation and make any
necessary adjustment to the cargo or load securement devices, including
adding more securement devices, to ensure that cargo cannot shift on or
within, or fall from, the commercial motor vehicle. Reexamination and any 
necessary adjustments must be made whenever --
(i) The driver makes a change of his/her duty status; or
(ii) The commercial motor vehicle has been driven for 3 hours; or
(iii) The commercial motor vehicle has been driven for 150 miles,
whichever occurs first.

(4) The rules in this paragraph (b) do not apply to the driver of a
sealed commercial motor vehicle who has been ordered not to open it to
inspect its cargo or to the driver of a commercial motor vehicle that
has been loaded in a manner that makes inspection of its cargo
impracticable.

Sec. 392.9a Operating authority.

(a) Registration required. A motor vehicle providing transportation
requiring registration under 49 U.S.C. 13902 may not be operated without
the required registration or operated beyond the scope of its
registration.

(b) Penalties. Every motor vehicle providing transportation
requiring registration under 49 U.S.C. 13902 shall be ordered out-of-
service if determined to be operating without registration or beyond the
scope of its registration. In addition, the motor carrier may be subject
to penalties in accordance with 49 U.S.C. 14901.

(c) Administrative Review. Upon the issuance of the out-of-service
order under paragraph (b) of this section, the driver shall comply
immediately with such order. Opportunity for review shall be provided in
accordance with section 554 of title 5, United States Code not later
than 10 days after issuance of such order.

Sec. 392.10 Railroad grade crossings; stopping required.

(a) Except as provided in paragraph (b) of this section, the driver
of a commercial motor vehicle specified in paragraphs (a) (1) through
(6) of this section shall not cross a railroad track or tracks at grade
unless he/she first: Stops the commercial motor vehicle within 50 feet
of, and not closer than 15 feet to, the tracks; thereafter listens and
looks in each direction along the tracks for an approaching train; and
ascertains that no train is approaching. When it is safe to do so, the
driver may drive the commercial motor vehicle across the tracks in a
gear that permits the commercial motor vehicle to complete the crossing
without a change of gears. The driver must not shift gears while
crossing the tracks.

(1) Every bus transporting passengers,

(2) Every commercial motor vehicle transporting any quantity of a
Division 2.3 chlorine.

(3) Every commercial motor vehicle which, in accordance with the
regulations of the Department of Transportation, is required to be
marked or placarded with one of the following classifications:
(i) Division 1.1
(ii) Division 1.2, or Division 1.3
(iii) Division 2.3 Poison gas
(iv) Division 4.3
(v) Class 7
(vi) Class 3 Flammable
(vii) Division 5.1
(viii) Division 2.2
(ix) Division 2.3 Chlorine
(x) Division 6.1 Poison
(xi) Division 2.2 Oxygen
(xii) Division 2.1
(xiii) Class 3 Combustible liquid
(xiv) Division 4.1
(xv) Division 5.1
(xvi) Division 5.2
(xvii) Class 8
(xviii) Division 1.4

(4) Every cargo tank motor vehicle, whether loaded or empty, used
for the transportation of any hazardous material as defined in the
Hazardous Materials Regulations of the Department of Transportation,
Parts 107 through 180 of this title.

(5) Every cargo tank motor vehicle transporting a commodity which at
the time of loading has a temperature above its flashpoint as determined
by Sec. 173.120 of this title.

(6) Every cargo tank motor vehicle, whether loaded or empty,
transporting any commodity under exemption in accordance with the
provisions of subpart B of part 107 of this title.

(b) A stop need not be made at:

(1) A streetcar crossing, or railroad tracks used exclusively for
industrial switching purposes, within a business district, as defined in
Sec. 390.5 of this chapter.

(2) A railroad grade crossing when a police officer or crossing
flagman directs traffic to proceed,

(3) A railroad grade crossing controlled by a functioning highway
traffic signal transmitting a green indication which, under local law,
permits the commercial motor vehicle to proceed across the railroad
tracks without slowing or stopping.

(4) An abandoned railroad grade crossing which is marked with a sign
indicating that the rail line is abandoned,

(5) An industrial or spur line railroad grade crossing marked with a
sign reading ``Exempt.'' Such ``Exempt'' signs shall be erected only by
or with the consent of the appropriate State or local authority.

Sec. 392.11 Railroad grade crossings; slowing down required.

Every commercial motor vehicle other than those listed in
Sec. 392.10 shall, upon approaching a railroad grade crossing, be driven
at a rate of speed which will permit said commercial motor vehicle to be
stopped before reaching the nearest rail of such crossing and shall not
be driven upon or over such crossing until due caution has been taken to
ascertain that the course is clear.

Sec. 392.14 Hazardous conditions; extreme caution.

Extreme caution in the operation of a commercial motor vehicle shall
be exercised when hazardous conditions, such as those caused by snow,
ice, sleet, fog, mist, rain, dust, or smoke, adversely affect visibility
or traction. Speed shall be reduced when such conditions exist. If
conditions become sufficiently dangerous, the operation of the
commercial motor vehicle shall be discontinued and shall not be resumed
until the commercial motor vehicle can be safely operated. Whenever
compliance with the foregoing provisions of this rule increases hazard
to passengers, the commercial motor vehicle may be operated to the
nearest point at which the safety of passengers is assured.

Sec. 392.16 Use of seat belts.

A commercial motor vehicle which has a seat belt assembly installed
at the driver's seat shall not be driven unless the driver has properly
restrained himself/herself with the seat belt assembly.

Sec. 392.22 Emergency signals; stopped commercial motor vehicles.

(a) Hazard warning signal flashers. Whenever a commercial motor
vehicle is stopped upon the traveled portion of a highway or the
shoulder of a highway for any cause other than necessary traffic stops,
the driver of the stopped commercial motor vehicle shall immediately
activate the vehicular hazard warning signal flashers and continue the
flashing until the driver places the warning devices required by
paragraph (b) of this section. The flashing signals shall be used during
the time the warning devices are picked up for storage before movement
of the commercial motor vehicle. The flashing lights may be used at
other times while a commercial motor vehicle is stopped in addition to,
but not in lieu of, the warning devices required by paragraph (b) of this section.

(b) Placement of warning devices--(1) General rule. Except as
provided in paragraph (b)(2) of this section, whenever a commercial
motor vehicle is stopped upon the traveled portion or the shoulder of a
highway for any cause other than necessary traffic stops, the driver
shall, as soon as possible, but in any event within 10 minutes, place
the warning devices required by Sec. 393.95 of this subchapter, in the
following manner:

(i) One on the traffic side of and 4 paces (approximately 3 meters
or 10 feet) from the stopped commercial motor vehicle in the direction
of approaching traffic;

(ii) One at 40 paces (approximately 30 meters or 100 feet) from the
stopped commercial motor vehicle in the center of the traffic lane or
shoulder occupied by the commercial motor vehicle and in the direction
of approaching traffic; and

(iii) One at 40 paces (approximately 30 meters or 100 feet) from the
stopped commercial motor vehicle in the center of the traffic lane or
shoulder occupied by the commercial motor vehicle and in the direction
away from approaching traffic.

(2) Special rules--(i) Fusees and liquid-burning flares. The driver
of a commercial motor vehicle equipped with only fusees or liquid-
burning flares shall place a lighted fusee or liquid-burning flare at
each of the locations specified in paragraph (b)(1) of this section.
There shall be at least one lighted fusee or liquid-burning flare at
each of the prescribed locations, as long as the commercial motor
vehicle is stopped. Before the stopped commercial motor vehicle is
moved, the driver shall extinguish and remove each fusee or liquid-
burning flare.

(ii) Daylight hours. Except as provided in paragraph (b)(2)(iii) of
this section, during the period lighted lamps are not required, three
bidirectional reflective triangles, or three lighted fusees or liquid-
burning flares shall be placed as specified in paragraph (b)(1) of this
section within a time of 10 minutes. In the event the driver elects to
use only fusees or liquid-burning flares in lieu of bidirectional
reflective triangles or red flags, the driver must ensure that at least
one fusee or liquid-burning flare remains lighted at each of the
prescribed locations as long as the commercial motor vehicle is stopped
or parked.

(iii) Business or residential districts. The placement of warning
devices is not required within the business or residential district of a
municipality, except during the time lighted lamps are required and when
street or highway lighting is insufficient to make a commercial motor
vehicle clearly discernable at a distance of 500 feet to persons on the
highway.

(iv) Hills, curves, and obstructions. If a commercial motor vehicle
is stopped within 500 feet of a curve, crest of a hill, or other
obstruction to view, the driver shall place the warning signal required
by paragraph (b)(1) of this section in the direction of the obstruction
to view a distance of 100 feet to 500 feet from the stopped commercial
motor vehicle so as to afford ample warning to other users of the
highway.

(v) Divided or one-way roads. If a commercial motor vehicle is
stopped upon the traveled portion or the shoulder of a divided or one-
way highway, the driver shall place the warning devices required by
paragraph (b)(1) of this section, one warning device at a distance of
200 feet and one warning device at a distance of 100 feet in a direction
toward approaching traffic in the center of the lane or shoulder
occupied by the commercial motor vehicle. He/she shall place one warning
device at the traffic side of the commercial motor vehicle within 10
feet of the rear of the commercial motor vehicle.

(vi) Leaking, flammable material. If gasoline or any other flammable
liquid, or combustible liquid or gas seeps or leaks from a fuel
container or a commercial motor vehicle stopped upon a highway, no
emergency warning signal producing a flame shall be lighted or placed
except at such a distance from any such liquid or gas as will assure the
prevention of a fire or explosion.

Sec. 392.24 Emergency signals; flame-producing.

No driver shall attach or permit any person to attach a lighted
fusee or other flame-producing emergency signal to any part of a
commercial motor vehicle.

Sec. 392.25 Flame producing devices.

No driver shall use or permit the use of any flame-producing
emergency signal for protecting any commercial motor vehicle
transporting Division 1.1, Division 1.2, or Division 1.3 explosives; any
cargo tank motor vehicle used for the transportation of any Class 3 or
Division 2.1, whether loaded or empty; or any commercial motor vehicle
using compressed gas as a motor fuel. In lieu thereof, emergency
reflective triangles, red electric lanterns, or red emergency reflectors
shall be used, the placement of which shall be in the same manner as
prescribed in Sec. 392.22(b).

Sec. 392.33 Obscured lamps or reflectors.

No commercial motor vehicle shall be driven when any of the required
lamps or reflectors are obscured by the tailboard, by any part of the
load, by dirt, or otherwise.

Sec. 392.50 Ignition of fuel; prevention.

No driver or any employee of a motor carrier shall:

(a) Fuel a commercial motor vehicle with the engine running, except
when it is necessary to run the engine to fuel the commercial motor
vehicle;

(b) Smoke or expose any open flame in the vicinity of a commercial
motor vehicle being fueled;

(c) Fuel a commercial motor vehicle unless the nozzle of the fuel
hose is continuously in contact with the intake pipe of the fuel tank;

(d) Permit, insofar as practicable, any other person to engage in
such activities as would be likely to result in fire or explosion.

Sec. 392.51 Reserve fuel; materials of trade.

Small amounts of fuel for the operation or maintenance of a
commercial motor vehicle (including its auxiliary equipment) may be
designated as materials of trade (see 49 CFR 171.8).

(a) The aggregate gross weight of all materials of trade on a motor
vehicle may not exceed 200 kg (440 pounds).

(b) Packaging for gasoline must be made of metal or plastic and
conform to requirements of 49 CFR Parts 171, 172, 173, and 178 or
requirements of the Occupational Safety and Health Administration
contained in 29 CFR 1910.106.

(c) For Packing Group II (including gasoline), Packing Group III
(including aviation fuel and fuel oil), or ORM-D, the material is
limited to 30 kg (66 pounds) or 30 L (8 gallons).

(d) For diesel fuel, the capacity of the package is limited to 450 L
(119 gallons).

(e) A Division 2.1 material in a cylinder is limited to a gross
weight of 100 kg (220 pounds). (A Division 2.1 material is a flammable
gas, including liquefied petroleum gas, butane, propane, liquefied
natural gas, and methane).

Sec. 392.60 Unauthorized persons not to be transported.

(a) Unless specifically authorized in writing to do so by the motor
carrier under whose authority the commercial motor vehicle is being
operated, no driver shall transport any person or permit any person to be 
transported on any commercial motor vehicle other than a bus. When such
authorization is issued, it shall state the name of the person to be
transported, the points where the transportation is to begin and end,
and the date upon which such authority expires. No written
authorization, however, shall be necessary for the transportation of:

(1) Employees or other persons assigned to a commercial motor
vehicle by a motor carrier;

(2) Any person transported when aid is being rendered in case of an
accident or other emergency;

(3) An attendant delegated to care for livestock.

(b) This section shall not apply to the operation of commercial
motor vehicles controlled and operated by any farmer and used in the
transportation of agricultural commodities or products thereof from his/
her farm or in the transportation of supplies to his/her farm.

Sec. 392.62 Safe operation, buses.

No person shall drive a bus and a motor carrier shall not require or
permit a person to drive a bus unless--

(a) All standees on the bus are rearward of the standee line or
other means prescribed in Sec. 393.90 of this subchapter;

(b) All aisle seats in the bus conform to the requirements of
Sec. 393.91 of this subchapter; and

(c) Baggage or freight on the bus is stowed and secured in a manner
which assures--

(1) Unrestricted freedom of movement to the driver and his proper
operation of the bus;

(2) Unobstructed access to all exits by any occupant of the bus; and

(3) Protection of occupants of the bus against injury resulting from
the falling or displacement of articles transported in the bus.

Sec. 392.63 Towing or pushing loaded buses.

No disabled bus with passengers aboard shall be towed or pushed; nor
shall any person use or permit to be used a bus with passengers aboard
for the purpose of towing or pushing any disabled motor vehicle, except
in such circumstances where the hazard to passengers would be increased
by observance of the foregoing provisions of this section, and then only
in traveling to the nearest point where the safety of the passengers is
assured.

Sec. 392.64 Riding within closed commercial motor vehicles without proper exits.

No person shall ride within the closed body of any commercial motor
vehicle unless there are means on the inside thereof of obtaining exit.
Said means shall be in such condition as to permit ready operation by
the occupant.

Sec. 392.66 Carbon monoxide; use of commercial motor vehicle when detected.

(a) No person shall dispatch or drive any commercial motor vehicle
or permit any passengers thereon, when the following conditions are
known to exist, until such conditions have been remedied or repaired:

(1) Where an occupant has been affected by carbon monoxide;

(2) Where carbon monoxide has been detected in the interior of the
commercial motor vehicle;

(3) When a mechanical condition of the commercial motor vehicle is
discovered which would be likely to produce a hazard to the occupants by
reason of carbon monoxide.

(b) [Reserved]

Sec. 392.67 Heater, flame-producing; on commercial motor vehicle in motion.

No open flame heater used in the loading or unloading of the
commodity transported shall be in operation while the commercial 
motor vehicle is in motion.

Sec. 392.71 Radar detectors; use and/or possession.

(a) No driver shall use a radar detector in a commercial motor
vehicle, or operate a commercial motor vehicle that is equipped with or
contains any radar detector.

(b) No motor carrier shall require or permit a driver to violate
paragraph (a) of this section.

-- END --

+ BACK TO FEDERAL TRUCKING LAWS & REGULATIONS