Federal motor carrier safety regulations; general

TITLE 49--TRANSPORTATION

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

PART 390--FEDERAL MOTOR CARRIER SAFETY REGULATIONS; GENERAL
 
Sec. 390.1 Purpose.

This part establishes general applicability, definitions, general
requirements and information as they pertain to persons subject to this
chapter.

Sec. 390.3 General applicability.

(a) The rules in subchapter B of this chapter are applicable to all
employers, employees, and commercial motor vehicles, which transport
property or passengers in interstate commerce.

(b) The rules in Part 383, Commercial Driver's License Standards;
Requirements and Penalties, are applicable to every person who operates
a commercial motor vehicle, as defined in Sec. 383.5 of this subchapter,
in interstate or intrastate commerce and to all employers of such
persons.

(c) The rules in Part 387, Minimum Levels of Financial
Responsibility for Motor Carriers, are applicable to motor carriers as
provided in Sec. 387.3 or 387.27 of this subchapter.

(d) Additional requirements. Nothing in subchapter B of this chapter
shall be construed to prohibit an employer from requring and enforcing
more stringent requirements relating to safety of operation and employee
safety and health.

(e) Knowledge of and compliance with the regulations.

(1) Every employer shall be knowledgeable of and comply with all
regulations contained in this subchapter which are applicable to that
motor carrier's operations.

(2) Every driver and employee shall be instructed regarding, and
shall comply with, all applicable regulations contained in this
subchapter.

(3) All motor vehicle equipment and accessories required by this
subchapter shall be maintained in compliance with all applicable
performance and design criteria set forth in this subchapter.

(f) Exceptions. Unless otherwise specifically provided, the rules in
this subchapter do not apply to--

(1) All school bus operations as defined in Sec. 390.5;

(2) Transportation performed by the Federal government, a State, or
any political subdivision of a State, or an agency established under a
compact between States that has been approved by the Congress of the
United States;

(3) The occasional transportation of personal property by
individuals not for compensation nor in the furtherance of a commercial
enterprise;

(4) The transportation of human corpses or sick and injured persons;

(5) The operation of fire trucks and rescue vehicles while involved
in emergency and related operations;

(6)(i) The operation of commercial motor vehicles designed or used
to transport between 9 and 15 passengers (including the driver), not for
direct compensation, provided the vehicle does not otherwise meet the
definition of a commercial motor vehicle, except that motor carriers
operating such vehicles are required to comply with Secs. 390.15,
390.19, and 390.21(a) and (b)(2).

(ii) The operation of commercial motor vehicles designed or used to
transport between 9 and 15 passengers (including the driver) for direct
compensation, provided the vehicle is notbeing operated beyond a 75 air-mile radius (86.3 statute miles or 138.9
kilometers) from the driver's normal work-reporting location, and
provided the vehicle does not otherwise meet the definition of a
commercial motor vehicle, except that motor carriers operating such
vehicles are required to comply with Secs. 390.15, 390.19, and 390.21(a)
and (b)(2).

Sec. 390.5 Definitions.

Unless specifically defined elsewhere, in this subchapter:
Accident means--

(1) Except as provided in paragraph (2) of this definition, an
occurrence involving a commercial motor vehicle operating on a highway
in interstate or intrastate commerce which results in:

(i) A fatality;"

(ii) Bodily injury to a person who, as a result of the injury,
immediately receives medical treatment away from the scene of the
accident; or

(iii) One or more motor vehicles incurring disabling damage as a
result of the accident, requiring the motor vehicle(s) to be transported
away from the scene by a tow truck or other motor vehicle.

(2) The term accident does not include:

(i) An occurrence involving only boarding and alighting from a
stationary motor vehicle; or

(ii) An occurrence involving only the loading or unloading of cargo.
Alcohol concentration (AC) means the concentration of alcohol in a
person's blood or breath. When expressed as a percentage it means grams
of alcohol per 100 milliliters of blood or grams of alcohol per 210
liters of breath.
Bus means any motor vehicle designed, constructed, and or used for
the transportation of passengers, including taxicabs.
Business district means the territory contiguous to and including a
highway when within any 600 feet along such highway there are buildings
in use for business or industrial purposes, including but not limited to
hotels, banks, or office buildings which occupy at least 300 feet of
frontage on one side or 300 feet collectively on both sides of the
highway.
Charter transportation of passengers means transportation, using a
bus, of a group of persons who pursuant to a common purpose, under a
single contract, at a fixed charge for the motor vehicle, have acquired
the exclusive use of the motor vehicle to travel together under an
itinerary either specified in advance or modified after having left the
place of origin.
Commercial motor vehicle means any self-propelled or towed motor
vehicle used on a highway in interstate commerce to transport passengers
or property when the vehicle--

(1) Has a gross vehicle weight rating or gross combination weight
rating, or gross vehicle weight or gross combination weight, of 4,536 kg
(10,001 pounds) or more, whichever is greater; or

(2) Is designed or used to transport more than 8 passengers
(including the driver) for compensation; or

(3) Is designed or used to transport more than 15 passengers,
including the driver, and is not used to transport passengers for
compensation; or

(4) Is used in transporting material found by the Secretary of
Transportation to be hazardous under 49 U.S.C. 5103 and transported in a
quantity requiring placarding under regulations prescribed by the
Secretary under 49 CFR, subtitle B, chapter I, subchapter C.
Conviction means an unvacated adjudication of guilt, or a
determination that a person has violated or failed to comply with the
law in a court of original jurisdiction or by an authorized
administrative tribunal, an unvacated forfeiture of bail or collateral
deposited to secure the person's appearance in court, a plea of guilty
or nolo contendere accepted by the court, the payment of a fine or court
cost, or violation of a condition of release without bail, regardless of
whether or not the penalty is rebated, suspended, or probated.
Direct assistance means transportation and other relief services
provided by a motor carrier or its driver(s) incident to the immediate restoration of essential services (such as,
electricity, medial care, sewer, water, telecommunications, and
telecommunication transmissions) or essential supplies (such as, food
and fuel). It does not include transportation related to long-term
rehabilitation of damaged physical infrastructure or routine commercial
deliveries after the initial threat to life and property has passed.
Direct compensation means payment made to the motor carrier by the
passengers or a person acting on behalf of the passengers for the
transportation services provided, and not included in a total package
charge or other assessment for highway transportation services.
Disabling damage means damage which precludes departure of a motor
vehicle from the scene of the accident in its usual manner in daylight
after simple repairs.

(1) Inclusions. Damage to motor vehicles that could have been
driven, but would have been further damaged if so driven.

(2) Exclusions.

(i) Damage which can be remedied temporarily at the scene of the
accident without special tools or parts.

(ii) Tire disablement without other damage even if no spare tire is
available.

(iii) Headlamp or taillight damage.

(iv) Damage to turn signals, horn, or windshield wipers which makes
them inoperative.

Driveaway-towaway operation means any operation in which a motor
vehicle constitutes the commodity being transported and one or more set
of wheels of the motor vehicle being transported are on the surface of
the roadway during transportation.
Driver means any person who operates any commercial motor vehicle.
Driving a commercial motor vehicle while under the influence of
alcohol means committing any one or more of the following acts in a CMV:
Driving a CMV while the person's alcohol concentration is 0.04 or more;
driving under the influence of alcohol, as prescribed by State law; or
refusal to undergo such testing as is required by any State or
jurisdiction in the enforcement of Table 1 to Sec. 383.51 or
Sec. 392.5(a)(2) of this subchapter.
Emergency means any hurricane, tornado, storm (e.g. thunderstorm,
snowstorm, icestorm, blizzard, sandstorm, etc.), high water, wind-driven
water, tidal wave, tsunami, earthquake, volcanic eruption, mud slide,
drought, forest fire, explosion, blackout or other occurrence, natural
or man-made, which interrupts the delivery of essential services (such
as, electricity, medical care, sewer, water, telecommunications, and
telecommunication transmissions) or essential supplies (such as, food
and fuel) or otherwise immediately threatens human life or public
welfare, provided such hurricane, tornado, or other event results in:

(1) A declaration of an emergency by the President of the United
States, the Governor of a State, or their authorized representatives
having authority to declare emergencies; by the FMCSA Field
Administrator for the geographical area in which the occurrence happens;
or by other Federal, State or local government officials having
authority to declare emergencies, or

(2) A request by a police officer for tow trucks to move wrecked or
disabled motor vehicles.
Emergency relief means an operation in which a motor carrier or
driver of a commercial motor vehicle is providing direct assistance to
supplement State and local efforts and capabilities to save lives or
property or to protect public health and safety as a result of an
emergency as defined in this section.
Employee means any individual, other than an employer, who is
employed by an employer and who in the course of his or her employment
directly affects commercial motor vehicle safety. Such term includes a
driver of a commercial motor vehicle (including an independent
contractor while in the course of operating a commercial motor vehicle),
a mechanic, and a freight handler. Such term does not include an
employee of the United States, any State, any political subdivision of a
State, or any agency established under a compact between States and
approved by the Congress of the United States who is acting within the
course of such employment.
Employer means any person engaged in a business affecting interstate
commerce who owns or leases a commercial motor vehicle in connection
with that business, or assigns employees to operate it, but such terms
does not include the United States, any State, any political subdivision
of a State, or an agency established under a compact between States
approved by the Congress of the United States.
Exempt intracity zone means the geographic area of a municipality or
the commercial zone of that municipality described in appendix F to
subchapter B of this chapter. The term ``exempt intracity zone'' does
not include any municipality or commercial zone in the State of Hawaii.
For purposes of Sec. 391.62, a driver may be considered to operate a
commercial motor vehicle wholly within an exempt intracity zone
notwithstanding any common control, management, or arrangement for a
continuous carriage or shipment to or from a point without such zone.
Exempt motor carrier means a person engaged in transportation exempt
from economic regulation by the Federal Motor Carrier Safety
Administration (FMCSA) under 49 U.S.C. 13506. ``Exempt motor carriers''
are subject to the safety regulations set forth in this subchapter.
Farm vehicle driver means a person who drives only a commercial
motor vehicle that is--

(a) Controlled and operated by a farmer as a private motor carrier
of property;

(b) Being used to transport either--

(1) Agricultural products, or

(2) Farm machinery, farm supplies, or both, to or from a farm;

(c) Not being used in the operation of a for-hire motor carrier;

(d) Not carrying hazardous materials of a type or quantity that
requires the commercial motor vehicle to be placarded in accordance with
Sec. 177.823 of this subtitle; and

(e) Being used within 150 air-miles of the farmer's farm.
Farmer means any person who operates a farm or is directly involved
in the cultivation of land, crops, or livestock which--

(a) Are owned by that person; or

(b) Are under the direct control of that person.
Fatality means any injury which results in the death of a person at
the time of the motor vehicle accident or within 30 days of the
accident.
Federal Motor Carrier Safety Administrator means the chief executive
of the Federal Motor Carrier Safety Administration, an agency within the
Department of Transportation.
For-hire motor carrier means a person engaged in the transportation
of goods or passengers for compensation.
Gross combination weight rating (GCWR) means the value specified by
the manufacturer as the loaded weight of a combination (articulated)
motor vehicle. In the absence of a value specified by the manufacturer,
GCWR will be determined by adding the GVWR of the power unit and the
total weight of the towed unit and any load thereon.
Gross vehicle weight rating (GVWR) means the value specified by the
manufacturer as the loaded weight of a single motor vehicle.
Hazardous material means a substance or material which has been
determined by the Secretary of Transportation to be capable of posing an
unreasonable risk to health, safety, and property when transported in
commerce, and which has been so designated.
Hazardous substance means a material, and its mixtures or solutions,
that is identified in the appendix to Sec. 172.101, List of Hazardous
Substances and Reportable Quantities, of this title when offered for
transportation in one package, or in one transport motor vehicle if not
packaged, and when the quantity of the material therein equals or
exceeds the reportable quantity (RQ). This definition does not apply to
petroleum products that are lubricants or fuels, or to mixtures or
solutions of hazardous substances if in a concentration less than that
shown in the table in Sec. 171.8 of this title, based on the reportable
quantity (RQ) specified for the materials listed in the appendix to
Sec. 172.101.
Hazardous waste means any material that is subject to the hazardous
waste manifest requirements of the EPA specified in 40 CFR part 262 or
would be subject to these requirements absent an interim authorization to a State under 40 CFR part 123, subpart F.
Highway means any road, street, or way, whether on public or private
property, open to public travel. ``Open to public travel'' means that
the road section is available, except during scheduled periods, extreme
weather or emergency conditions, passable by four-wheel standard
passenger cars, and open to the general public for use without
restrictive gates, prohibitive signs, or regulation other than
restrictions based on size, weight, or class of registration. Toll
plazas of public toll roads are not considered restrictive gates.
Interstate commerce means trade, traffic, or transportation in the
United States--

(1) Between a place in a State and a place outside of such State
(including a place outside of the United States);

(2) Between two places in a State through another State or a place
outside of the United States; or

(3) Between two places in a State as part of trade, traffic, or
transportation originating or terminating outside the State or the
United States.
Intrastate commerce means any trade, traffic, or transportation in
any State which is not described in the term ``interstate commerce.''
Medical examiner means a person who is licensed, certified, and/or
registered, in accordance with applicable State laws and regulations, to
perform physical examinations. The term includes but is not limited to,
doctors of medicine, doctors of osteopathy, physician assistants,
advanced practice nurses, and doctors of chiropractic.
Motor carrier means a for-hire motor carrier or a private motor
carrier. The term includes a motor carrier's agents, officers and
representatives as well as employees responsible for hiring,
supervising, training, assigning, or dispatching of drivers and
employees concerned with the installation, inspection, and maintenance
of motor vehicle equipment and/or accessories. For purposes of
subchapter B, this definition includes the terms employer, and exempt
motor carrier.
Motor vehicle means any vehicle, machine, tractor, trailer, or
semitrailer propelled or drawn by mechanical power and used upon the
highways in the transportation of passengers or property, or any
combination thereof determined by the Federal Motor Carrier Safety
Administration, but does not include any vehicle, locomotive, or car
operated exclusively on a rail or rails, or a trolley bus operated by
electric power derived from a fixed overhead wire, furnishing local
passenger transportation similar to street-railway service.
Multiple-employer driver means a driver, who in any period of 7
consecutive days, is employed or used as a driver by more than one motor
carrier.
Operator -- See driver.
Other terms -- Any other term used in this subchapter is used in its
commonly accepted meaning, except where such other term has been defined
elsewhere in this subchapter. In that event, the definition therein
given shall apply.
Out-of-service order means a declaration by an authorized
enforcement officer of a Federal, State, Canadian, Mexican, or local
jurisdiction that a driver, a commercial motor vehicle, or a motor
carrier operation, is out-of-service pursuant to Secs. 386.72, 392.5,
395.13, 396.9, or compatible laws, or the North American Uniform Out-of-
Service Criteria.
Person means any individual, partnership, association, corporation,
business trust, or any other organized group of individuals.
Principal place of business means the single location designated by
the motor carrier, normally its headquarters, for purposes of
identification under this subchapter. The motor carrier must make
records required by parts 382, 387, 390, 391, 395, 396, and 397 of this
subchapter available for inspection at this location within 48 hours
(Saturdays, Sundays, and Federal holidays excluded) after a request has
been made by a special agent or authorized representative of the Federal
Motor Carrier Safety Administration.
Private motor carrier means a person who provides transportation of
property or passengers, by commercial motor vehicle, and is not a for-
hire motor carrier.
Private motor carrier of passengers (business) means a private motor
carrier engaged in the interstate transportation of passengers which is
provided in the furtherance of a commercial enterprise and is not
available to the public at large.
Private motor carrier of passengers (nonbusiness) means private
motor carrier involved in the interstate transportation of passengers
that does not otherwise meet the definition of a private motor carrier
of passengers (business).
Radar detector means any device or mechanism to detect the emission
of radio microwaves, laser beams or any other future speed measurement
technology employed by enforcement personnel to measure the speed of
commercial motor vehicles upon public roads and highways for enforcement
purposes. Excluded from this definition are radar detection devices that
meet both of the following requirements:

(1) Transported outside the driver's compartment of the commercial
motor vehicle. For this purpose, the driver's compartment of a
passenger-carrying CMV shall include all space designed to accommodate
both the driver and the passengers; and

(2) Completely inaccessible to, inoperable by, and imperceptible to
the driver while operating the commercial motor vehicle.
Regional Director of Motor Carriers means the Field Administrator,
Federal Motor Carrier Safety Administration, for a given geographical
area of the United States.
Residential district means the territory adjacent to and including a
highway which is not a business district and for a distance of 300 feet
or more along the highway is primarily improved with residences.
School bus means a passenger motor vehicle which is designed or used
to carry more than 10 passengers in addition to the driver, and which
the Secretary determines is likely to be significantly used for the
purpose of transporting preprimary, primary, or secondary school
students to such schools from home or from such schools to home.
School bus operation means the use of a school bus to transport only
school children and/or school personnel from home to school and from
school to home.
Secretary means the Secretary of Transportation.
Single-employer driver means a driver who, in any period of 7
consecutive days, is employed or used as a driver solely by a single
motor carrier. This term includes a driver who operates a commercial
motor vehicle on an intermittent, casual, or occasional basis.
Special agent See appendix B to subchapter B -- Special agents.
State means a State of the United States and the District of
Columbia and includes a political subdivision of a State.
Trailer includes:

(a) Full trailer means any motor vehicle other than a pole trailer
which is designed to be drawn by another motor vehicle and so
constructed that no part of its weight, except for the towing device,
rests upon the self-propelled towing motor vehicle. A semitrailer
equipped with an auxiliary front axle (converter dolly) shall be
considered a full trailer.

(b) Pole trailer means any motor vehicle which is designed to be
drawn by another motor vehicle and attached to the towing motor vehicle
by means of a ``reach'' or ``pole,'' or by being ``boomed'' or otherwise
secured to the towing motor vehicle, for transporting long or
irregularly shaped loads such as poles, pipes, or structural members,
which generally are capable of sustaining themselves as beams between
the supporting connections.

(c) Semitrailer means any motor vehicle, other than a pole trailer,
which is designed to be drawn by another motor vehicle and is
constructed so that some part of its weight rests upon the self-
propelled towing motor vehicle.
Truck means any self-propelled commercial motor vehicle except a
truck tractor, designed and/or used for the transportation of property.
Truck tractor means a self-propelled commercial motor vehicle
designed and/or used primarily for drawing other vehicles.
United States means the 50 States and the District of Columbia.

Editorial Note: For Federal Register citations affecting Sec. 390.5,
see the List of CFR Sections Affected, which appears in the Finding Aids
section of the printed volume and on GPO Access.

Sec. 390.7 Rules of construction.

a) In part 325 of subchapter A and in this subchapter, unless the
context requires otherwise:

(1) Words imparting the singular include the plural;

(2) Words imparting the plural include the singular;

(3) Words imparting the present tense include the future tense.

(b) In this subchapter the word--

(1) Officer includes any person authorized by law to perform the
duties of the office;

(2) Writing includes printing and typewriting;

(3) Shall is used in an imperative sense;

(4) Must is used in an imperative sense;

(5) Should is used in a recommendatory sense;

(6) May is used in a permissive sense; and

(7) Includes is used as a word of inclusion, not limitation.

Sec. 390.9 State and local laws, effect on.

Except as otherwise specifically indicated, subchapter B of this
chapter is not intended to preclude States or subdivisions thereof from
establishing or enforcing State or local laws relating to safety, the
compliance with which would not prevent full compliance with these
regulations by the person subject thereto.

Sec. 390.11 Motor carrier to require observance of driver regulations.

Whenever in part 325 of subchapter A or in this subchapter a duty is
prescribed for a driver or a prohibition is imposed upon the driver, it
shall be the duty of the motor carrier to require observance of such
duty or prohibition. If the motor carrier is a driver, the driver shall
likewise be bound.

Sec. 390.13 Aiding or abetting violations.

No person shall aid, abet, encourage, or require a motor carrier or
its employees to violate the rules of this chapter.

Sec. 390.15 Assistance in investigations and special studies.

(a) A motor carrier shall make all records and information
pertaining to an accident available to an authorized representative or
special agent of the Federal Motor Carrier Safety Administration upon
request or as part of any inquiry within such time as the request or
inquiry may specify. A motor carrier shall give an authorized
representative of the Federal Motor Carrier Safety Administration all
reasonable assistance in the investigation of any accident including
providing a full, true and correct answer to any question of the
inquiry.

(b) Motor carriers shall maintain for a period of one year after an
accident occurs, an accident register containing at least the following
information:

(1) A list of accidents containing for each accident:

(i) Date of accident,

(ii) City or town in which or most near where the accident occurred
and the State in which the accident occurred,

(iii) Driver name,

(iv) Number of injuries,

(v) Number of fatalities, and

(vi) Whether hazardous materials, other than fuel spilled from the
fuel tanks of motor vehicles involved in the accident, were released.

(2) Copies of all accident reports required by State or other
governmental entities or insurers.

Sec. 390.17 Additional equipment and accessories.

Nothing in this subchapter shall be construed to prohibit the use of
additional equipment and accessories, not inconsistent with or
prohibited by this subchapter, provided such equipment and accessories do not decrease the safety of operation of the commercial motor vehicles on which they are used.

Sec. 390.19 Motor carrier identification report.

(a) Each motor carrier that conducts operations in interstate
commerce must file a Motor Carrier Identification Report, Form MCS-150
at the following times:

(1) Before it begins operations; and

(2) Every 24 months, according to the following schedule:

------------------------------------------------------------------------
USDOT Number ending in Must file by last day of;
------------------------------------------------------------------------
1......................................... January
2......................................... February
3......................................... March
4......................................... April
5......................................... May
6......................................... June
7......................................... July
8......................................... August
9......................................... September
0......................................... October
------------------------------------------------------------------------

(3) If the next-to-last digit of its USDOT number is odd, the motor
carrier shall file its update in every odd-numbered calendar year. If
the next-to-last digit of the USDOT number is even, the motor carrier
shall file its update in every even-numbered calendar year.

(b) The Motor Carrier Information Report, Form MCS-150, with
complete instructions, is available from the FMCSA's web site at: http:/
/www.fmcsa.dot.gov (keyword ``MCS-150''), from all FMCSA Service Centers
and Division offices nationwide, or by calling 1-800-832-5660.

(c) The completed Motor Carrier Identification Report, Form MCS-150,
shall be filed with the FMCSA's Office of Data Analysis and Information
Systems.

(1) The form may be filed electronically according to the
instructions at the agency's web site, or it may be sent to Federal
Motor Carrier Safety Administration, Data Analysis and Information
Systems, MC-RIS, 400 Seventh Street, SW, Washington, DC 20590.

(2) A for-hire motor carrier should submit the Form MCS-150 along
with its application for operating authority (Form OP-1 or OP-2) to the
appropriate address referenced on that form, or may submit it
electronically or by mail separately to the address mentioned in this
section.

(d) Only the legal name or a single trade name of the motor carrier
may be used on the motor carrier identification report (Form MCS-150).

(e) A motor carrier that fails to file a Motor Carrier
Identification Report, Form MCS-150, or furnishes misleading information
or makes false statements upon Form MCS-150, is subject to the penalties
prescribed in 49 U.S.C. 521(b)(2)(B).

(f) Upon receipt and processing of the Motor Carrier Identification
Report, Form MCS-150, the FMCSA will issue the motor carrier an
identification number (USDOT number). The motor carrier must display the
number on each self-propelled CMV, as defined in Sec. 390.5, along with
the additional information required by Sec. 390.21.

(g) A motor carrier that registers its vehicles in a State that
participates in the Performance and Registration Information Systems
Management (PRISM) program (authorized under section 4004 of the
Transportation Equity Act for the 21st Century [(Public Law 105-178, 112
Stat. 107]) is exempt from the requirements of this section, provided it
files all the required information with the appropriate State office.

Sec. 390.21 Marking of CMVs.

(a) General. Every self-propelled CMV, as defined in Sec. 390.5,
subject to subchapter B of this chapter must be marked as specified in
paragraphs (b), (c), and (d) of this section.

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

(1) The legal name or a single trade name of the motor carrier
operating the self-propelled CMV, as listed on the motor carrier
identification report (Form MCS-150) and submitted in accordance with
Sec. 390.19.

(2) The motor carrier identification number issued by the FMCSA,
preceded by the letters ``USDOT''.

(3) If the name of any person other than the operating carrier
appears on the CMV, the name of the operating carrier must be followed
by the information required by paragraphs (b)(1), and (2) of this
section, and be preceded by the words ``operated by.''

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

(5) Each motor carrier shall meet the following requirements
pertaining to its operation:

(i) All CMVs that are part of a motor carrier's existing fleet on
July 3, 2000, and which are marked with an ICCMC number must come into
compliance with paragraph (b)(2) of this section by July 3, 2002.

(ii) All CMVs that are part of a motor carrier's existing fleet on
July 3, 2000, and which are not marked with the legal name or a single
trade name on both sides of their CMVs, as shown on the Motor Carrier
Identification Report, Form MCS-150, must come into compliance with
paragraph (b)(1) of this section by July 5, 2005.

(iii) All CMVs added to a motor carrier's fleet on or after July 3,
2000, must meet the requirements of this section before being put into
service and operating on public ways.

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

(1) Appear on both sides of the self-propelled CMV;

(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 (15.24 meters) while the CMV 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
CMV or may consist of a removable device, if that device meets the
identification and legibility requirements of paragraph (c) of this
section, and such marking must be maintained as required by paragraph
(c)(4) of this section.
(e) Rented CMVs. A motor carrier operating a self-propelled CMV
under a rental agreement having a term not in excess of 30 calendar days
meets the requirements of this section if:

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

(2) The CMV is marked as set forth in paragraph (e)(2)(i) through
(iv) of this section:

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

(ii) The lessor's identification number preceded by the letters
``USDOT'' is displayed in accordance with paragraphs (c) and (d) of this
section; and

(iii) 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 FMCSA, 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 in the rental agreement:

(1) Information which indicates whether the motor carrier is engaged
in ``interstate'' or ``intrastate'' commerce; and

(2) Information which indicates whether the renting motor carrier is
transporting hazardous materials in the rented CMV;
(C) The sentence: ``This lessor cooperates with all Federal, State,
and local law enforcement officials nationwide to provide the identity
of customers who operate this rental CMV''; and

(iv) The rental agreement entered into by the lessor and the renting
motor carrier is carried on the rental CMV during the full term of the
rental agreement. See the leasing regulations at 49 CFR 376 for
information that should be included in all leasing documents.

(f) Driveaway services. In driveaway services, a removable device
may be affixed on both sides or at the rear of a single driven vehicle.
In a combination driveaway operation, the device may be affixed on both
sides of any one unit or at the rear of the last unit. The removable
device must display the legal name or a single trade name of the motor
carrier and the motor carrier's USDOT number.

Sec. 390.23 Relief from regulations.

(a) Parts 390 through 399 of this chapter shall not apply to any
motor carrier or driver operating a commercial motor vehicle to provide
emergency relief during an emergency, subject to the following time
limits:

(1) Regional emergencies. (i) The exemption provided by paragraph
(a)(1) of this section is effective only when:

(A) An emergency has been declared by the President of the United
States, the Governor of a State, or their authorized representatives
having authority to declare emergencies; or

(B) The FMCSA Field Administrator has declared that a regional
emergency exists which justifies an exemption from parts 390 through 399
of this chapter.

(ii) Except as provided in Sec. 390.25, this exemption shall not
exceed the duration of the motor carrier's or driver's direct assistance
in providing emergency relief, or 30 days from the date of the initial
declaration of the emergency or the exemption from the regulations by
the FMCSA Field Administrator, whichever is less.

(2) Local emergencies. (i) The exemption provided by paragraph
(a)(2) of this section is effective only when:

(A) An emergency has been declared by a Federal, State or local
government official having authority to declare an emergency; or

(B) The FMCSA Field Administrator has declared that a local
emergency exists which justifies an exemption from parts 390 through 399
of this chapter.

(ii) This exemption shall not exceed the duration of the motor
carrier's or driver's direct assistance in providing emergency relief,
or 5 days from the date of the initial declaration of the emergency or
the exemption from the regulations by the FMCSA Field Administrator,
whichever is less.

(3) Tow trucks responding to emergencies. (i) The exemption provided
by paragraph (a)(3) of this section is effective only when a request has
been made by a Federal, State or local police officer for tow trucks to
move wrecked or disabled motor vehicles.

(ii) This exemption shall not exceed the length of the motor
carrier's or driver's direct assistance in providing emergency relief,
or 24 hours from the time of the initial request for assistance by the
Federal, State or local police officer, whichever is less.

(b) Upon termination of direct assistance to the regional or local
emergency relief effort, the motor carrier or driver is subject to the
requirements of parts 390 through 399 of this chapter, with the
following exception: A driver may return empty to the motor carrier's
terminal or the driver's normal work reporting location without
complying with parts 390 through 399 of this chapter. However, a driver
who informs the motor carrier that he or she needs immediate rest must
be permitted at least 10 consecutive hours off duty before the driver is
required to return to such terminal or location. Having returned to the
terminal or other location, the driver must be relieved of all duty and
responsibilities. Direct assistance terminates when a driver or
commercial motor vehicle is used in interstate commerce to transport
cargo not destined for the emergency relief effort, or when the motor
carrier dispatches such driver or commercial motor vehicle to another
location to begin operations in commerce.

(c) When the driver has been relieved of all duty and
responsibilities upon termination of direct assistance to a regional or
local emergency relief effort, no motor carrier shall permit or require
any driver used by it to drive nor shall any such driver drive in
commerce until:

(1) The driver has met the requirements of Secs. 395.3(a) and
395.5(a) of this chapter; and

(2) The driver has had at least 34 consecutive hours off-duty when:

(i) The driver has been on duty for more than 60 hours in any 7
consecutive days at the time the driver is relieved of all duty if the
employing motor carrier does not operate every day in the week, or

(ii) The driver has been on duty for more than 70 hours in any 8
consecutive days at the time the driver is relieved of all duty if the
employing motor carrier operates every day in the week.

Sec. 390.25 Extension of relief from regulations--emergencies.

The FMCSA Field Administrator may extend the 30-day time period of
the exemption contained in Sec. 390.23(a)(1), but not the 5-day time
period contained in Sec. 390.23(a)(2) or the 24-hour period contained in
Sec. 390.23(a)(3). Any motor carrier or driver seeking to extend the 30-
day limit shall obtain approval from the FMCSA Field Administrator in
the region in which the motor carrier's principal place of business is
located before the expiration of the 30-day period. The motor carrier or
driver shall give full details of the additional relief requested. The
FMCSA Field Administrator shall determine if such relief is necessary
taking into account both the severity of the ongoing emergency and the
nature of the relief services to be provided by the carrier or driver.
If the FMCSA Field Administrator approves an extension of the exemption,
he or she shall establish a new time limit and place on the motor
carrier or driver any other restrictions deemed necessary.

Sec. 390.27 Locations of motor carrier safety service centers.

------------------------------------------------------------------------
Service center Territory included Location of office
------------------------------------------------------------------------
Eastern............. CT, DC, DE, MA, MD, ME, City Crescent Building,
NJ, NH, NY, PA, PR, RI, 10 South
VA, VT, Virgin Islands, Howard Street, Suite
WV. 4000, Baltimore, MD
21201-2819.
Midwestern.......... IA, IL, IN, KS, MI, MO, 19900 Governors Drive,
MN, NE, OH, WI. Suite 210, Olympia
Fields, IL 60461-1021.
Southern............ AL, AR, FL, GA, KY, LA, 61 Forsyth Street, SW,
MS, NC, NM, OK, SC, TN, Suite 17T75, Atlanta,
TX. GA 30303-3104.
Western............. American Samoa, AK, AZ, 201 Mission Street,
CA, CO, Guam, HI, ID, Suite 2100, San
Mariana Islands, MT, Francisco, CA 94105-
ND, NV, OR, SD, UT, WA, 1838.
WY.
------------------------------------------------------------------------

Note 1: Canadian carriers, for information regarding proper service
center, contact a FMCSA division (State) office in AK, ME, MI, MT, NY,
ND, VT, or WA.

Note 2: Mexican carriers, for information regarding proper service
center, contact a FMCSA division (State) office in AZ, CA, NM, or TX.

Sec. 390.29 Location of records or documents.

(a) A motor carrier with multiple offices or terminals may maintain
the records and documents required by this subchapter at its principal
place of business, a regional office, or driver work-reporting location
unless otherwise specified in this subchapter.

(b) All records and documents required by this subchapter which are
maintained at a regional office or driver work-reporting location shall
be made available for inspection upon request by a special agent or
authorized representative of the Federal Motor Carrier Safety
Administration at the motor carrier's principal place of business or
other location specified by the agent or representative within 48 hours
after a request is made. Saturdays, Sundays, and Federal holidays are
excluded from the computation of the 48-hour period of time.

Sec. 390.31 Copies of records or documents.

(a) All records and documents required to be maintained under this
subchapter must be preserved in their original form for the periods
specified, unless the records and documents are suitably photographed
and the microfilm is retained in lieu of the original record for the
required retention period.

(b) To be acceptable in lieu of original records, photographic
copies of records must meet the following minimum requirements:

(1) Photographic copies shall be no less readily accessible than the
original record or document as normally filed or preserved would be and
suitable means or facilities shall be available to locate, identify,
read, and reproduce such photographic copies.

(2) Any significant characteristic, feature or other attribute of
the original record or document, which photography in black and white
will not preserve, shall be clearly indicated before the photograph is
made.

(3) The reverse side of printed forms need not be copied if nothing
has been added to the printed matter common to all such forms, but an
identified specimen of each form shall be on the film for reference.

(4) Film used for photographing copies shall be of permanent record-
type meeting in all respects the minimum specifications of the National
Bureau of Standards, and all processes recommended by the manufacturer
shall be observed to protect it from deterioration or accidental
destruction.

(5) Each roll of film shall include a microfilm of a certificate or
certificates stating that the photographs are direct or facsimile
reproductions of the original records. Such certificate(s) shall be
executed by a person or persons having personal knowledge of the
material covered thereby.

(c) All records and documents required to be maintained under this
subchapter may be destroyed after they have been suitably photographed
for preservation.

(d) Exception. All records except those requiring a signature may be
maintained through the use of computer technology provided the motor
carrier can produce, upon demand, a computer printout of the required
data.

Sec. 390.33 Commercial motor vehicles used for purposes other than defined.

Whenever a commercial motor vehicle of one type is used to perform
the functions normally performed by a commercial motor vehicle of
another type, the requirements of this subchapter and part 325 of
subchapter A shall apply to the commercial motor vehicle and to its
operation in the same manner as though the commercial motor vehicle were
actually a commercial motor vehicle of the latter type. Example: If a
commercial motor vehicle other than a bus is used to perform the
functions normally performed by a bus, the regulations pertaining to
buses and to the transportation of passengers shall apply to that
commercial motor vehicle.

Sec. 390.35 Certificates, reports, and records: Falsification, reproduction, or alteration.

No motor carrier, its agents, officers, representatives, or
employees shall make or cause to make--

(a) A fraudulent or intentionally false statement on any
application, certificate, report, or record required by part 325 of
subchapter A or this subchapter;

(b) A fraudulent or intentionally false entry on any application,
certificate, report, or record required to be used, completed, or
retained, to comply with any requirement of this subchapter or part 325
of subchapter A; or

(c) A reproduction, for fraudulent purposes, of any application,
certificate, report, or record required by this subchapter or part 325
of subchapter A.

Sec. 390.37 Violation and penalty.

Any person who violates the rules set forth in this subchapter or
part 325 of subchapter A may be subject to civil or criminal penalties.

-- END --

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