Subpart A—General Applicability And Definitions
§ 390.1 Purpose
This section outlines the general applicability, terms, requirements, and guidance relevant to individuals governed by this chapter.
§ 390.3 General Applicability
(a) The regulations in Subchapter B of this chapter apply to all employers, employees, and commercial motor vehicles engaged in the transportation of goods or passengers across state lines.
(b) The rules under Part 383 of this chapter, governing Commercial Driver’s License Standards, Requirements, and Penalties, are applicable to every individual operating a commercial motor vehicle, as defined under § 383.5 of this subchapter, in either interstate or intrastate commerce, as well as the employers of such individuals.
(c) The regulations under Part 387 of this chapter, which establish the Minimum Levels of Financial Responsibility for Motor Carriers, apply to motor carriers as described in §§ 387.3 or 387.27.
(d) Additional Requirements:
These regulations do not prevent employers from adopting and enforcing stricter safety and health standards for their operations and employees.
(e) Awareness and Compliance with Regulations:
- Employers must familiarize themselves with and adhere to all applicable regulations within this subchapter concerning their operations.
- Drivers and other employees involved in motor carrier activities must receive training and comply with the relevant regulations in this subchapter.
- All equipment and accessories required under this chapter must be maintained to meet the performance and design standards outlined within.
(f) Exceptions:
Unless explicitly stated otherwise, the rules in this subchapter do not apply to:
- School bus operations as defined in § 390.5, with exceptions for §§ 391.15(e) and (f), 392.15, 392.80, and 392.82.
- Transportation conducted by federal, state, or local governments, or interstate compact agencies approved by Congress.
- Personal property transportation by private individuals without compensation or business intent.
- The movement of human remains or the transportation of injured or sick individuals.
- Fire and rescue vehicle operations during emergencies or related activities.
- Commercial motor vehicles accommodating between 9 and 15 passengers, not for direct payment, provided they do not meet the full definition of a commercial motor vehicle. Specific provisions, such as §§ 390.15, 390.21(a) and (b)(2), 390.201, and 390.205, still apply to these operators.
- Drivers transporting propane for winter heating or responding to pipeline emergencies where immediate action is necessary, as defined in § 390.5.
(g) Hazardous Materials Transport in Intrastate Commerce:
The following rules within this subchapter apply to motor carriers and vehicles transporting hazardous materials within a single state:
- Subparts A and E of Part 385, for carriers bound by § 385.403.
- Part 386, which governs practices for motor carrier and hazardous materials proceedings.
- Part 387, establishing Minimum Levels of Financial Responsibility, as specified in § 387.3.
- Subpart E of this part and § 390.21, regarding the marking of vehicles for carriers subject to § 385.403. Carriers operating before January 1, 2005, are exempt from § 390.201.
(h) Intermodal Equipment Providers:
The following rules in this subchapter govern intermodal equipment providers:
- Subpart F of Part 385, detailing safety fitness procedures.
- Part 386, covering rules for motor carrier and hazardous materials-related proceedings.
- Part 390, excluding § 390.15(b) regarding accident logs.
- Part 393, which specifies necessary parts and accessories for safe operation.
- Part 396, regarding inspection, repair, and maintenance.
(i) Brokers:
The following provisions in this subchapter apply to brokers registered under 49 U.S.C. Chapter 139:
- Part 371, which governs property brokers.
- Part 386, covering procedural rules.
- Part 387, concerning financial responsibility, as outlined in subpart C.
- Section 390.6 and subpart E, preventing driver coercion and establishing the Unified Registration System.
(j) Freight Forwarders:
Freight forwarders registered under 49 U.S.C. Chapter 139 are subject to the following:
- Part 386, for procedural rules.
- Part 387, covering financial responsibility under subpart D.
- Section 390.6 and subpart E, addressing driver coercion and registration.
(k) Cargo Tank Facilities:
Subpart E applies to cargo tank manufacturers, assemblers, repairers, inspectors, testers, and design certifiers subject to 49 CFR 107.502 and 49 U.S.C. 5108 registration requirements.
(l) Other Entities:
Shippers, receivers, and transportation intermediaries are governed by rules under § 390.6 and 49 CFR 386.12(c), prohibiting driver coercion in interstate commerce.
- 390.5 Definitions.
Unless specifically defined elsewhere, in this subchapter:
Accident means—
(1) Except as specified in paragraph (2) of this definition, an event involving a commercial motor vehicle operating on a highway in interstate or intrastate commerce that results in:
(i) A fatality;
(ii) Bodily injury to a person who, due to the injury, immediately receives medical treatment away from the accident scene; or
(iii) One or more motor vehicles sustaining disabling damage from the accident, requiring removal by a tow truck or another vehicle.
(2) The term accident does not include:
(i) Incidents involving only boarding or alighting from a stationary motor vehicle; or
(ii) Incidents solely related to the loading or unloading of cargo.
Alcohol concentration (AC) refers to the amount of alcohol in a person’s blood or breath. When expressed as a percentage, it denotes grams of alcohol per 100 milliliters of blood or grams of alcohol per 210 liters of breath.
Assistant Administrator refers to the Assistant Administrator of the Federal Motor Carrier Safety Administration or an authorized delegate.
Bus denotes any motor vehicle intended, constructed, and/or utilized for transporting passengers, including taxicabs.
Business district means the area adjacent to and encompassing a highway, where, within 600 feet along the highway, there are buildings actively used for business or industrial purposes—such as hotels, banks, or office buildings—occupying at least 300 feet of frontage on one side or 300 feet collectively on both sides of the highway.
Certified VA medical examiner refers to a qualified VA examiner listed on the National Registry of Certified Medical Examiners who has met the necessary requirements.
Charter transportation of passengers involves using a bus to transport a group of individuals with a common purpose under a single contract, at a fixed charge for the vehicle’s use, for travel based on a pre-specified or adjusted itinerary.
Coerce or Coercion means:
(1) A threat by a motor carrier, shipper, receiver, transportation intermediary, or their agents, officers, or representatives, to withhold business, employment, or work opportunities, or to take adverse actions against a driver to compel operation of a commercial motor vehicle under conditions that the driver has identified as violating one or more regulations specified in 49 CFR parts 171-173, 177-180, 380-383, or 390-399, or §§ 385.415 or 385.421; or an actual withholding of business, employment, or work opportunities, or adverse action to punish the driver for refusing such operations.
(2) A threat by a motor carrier, or its agents, officers, or representatives, to withhold business, employment, or work opportunities, or to take adverse actions against a driver to compel operation of a commercial motor vehicle under conditions that the driver has identified as violating regulations specified in 49 CFR parts 356, 360, or 365-379; or the actual withholding of business, employment, or work opportunities, or adverse action to punish the driver for refusing such operations.
Commercial motor vehicle refers to any self-propelled or towed vehicle used on a highway in interstate commerce to transport passengers or property when the vehicle:
(1) Has a gross vehicle weight rating, gross combination weight rating, or actual gross weight or combination weight of 4,536 kg (10,001 pounds) or more, whichever is greater;
(2) Is designed or utilized to transport more than eight passengers (including the driver) for compensation;
(3) Is designed or utilized to transport more than 15 passengers, including the driver, not for compensation; or
(4) Transports hazardous materials identified under 49 U.S.C. 5103 in a quantity requiring placarding as per the Secretary’s regulations in 49 CFR, subtitle B, chapter I, subchapter C.
Conviction refers to an unvacated determination of guilt, a violation or failure to comply with the law as determined by a court or authorized administrative tribunal, a forfeiture of bail or collateral, a plea of guilty or no contest accepted by the court, payment of a fine, or violation of release conditions without bail—irrespective of whether the penalty is rebated, suspended, or probated.
Covered farm vehicle—
(1) A straight truck or articulated vehicle that:
(i) Is registered in a State and identifiable by a farm-specific license plate or designation issued by the State;
(ii) Is operated by the farm or ranch owner, operator, their employee, or family member;
(iii) Is used to transport agricultural commodities, livestock, machinery, or supplies to/from a farm or ranch; and
(iv) Is not employed in for-hire motor carrier operations, except when used by a tenant under a crop-share agreement to transport the landlord’s share of the crops.
(2) Vehicles meeting the above requirements may:
(i) Weigh 26,001 pounds or less and utilize exemptions under § 390.39 across the U.S.; or
(ii) Weigh over 26,001 pounds and utilize exemptions under § 390.39 within the registration State or up to 150 air miles from the associated farm or ranch.
Crash—See Accident.
Direct assistance means transportation or other relief services provided in direct support of emergency relief efforts, as defined in § 390.23.
Disabling damage refers to damage that:
(1) Prevents a vehicle from being driven from the accident scene in its usual manner, in daylight, without further damage or hazard; or
(2) Requires the vehicle to be transported away from the scene by towing or other means.
Disabling damage does not include:
(i) Damage that can be temporarily fixed at the scene, such as with tire changes or replacement of minor components (e.g., fenders, lights, or mirrors); or
(ii) Damage to only tires, without further complications.
Driveaway-towaway operation means an operation where a commercial motor vehicle is driven or towed as part of a delivery process, involving one or more of the following:
(1) A vehicle transported between manufacturing, assembly, or distribution facilities;
(2) A vehicle transported to a dealer or purchaser; or
(3) A vehicle requiring movement to facilitate its sale or delivery.
Driver refers to any individual operating a commercial motor vehicle, including those involved in full-time, casual, intermittent, or occasional roles, and includes both employed drivers and independent contractors.
Employee refers to any individual employed by a motor carrier, including those directly engaged in driving, repairing, or loading/unloading commercial motor vehicles. This definition also includes owner-operators operating under a lease agreement with the motor carrier.
Employer means any person or entity engaged in commercial motor vehicle operations who employs drivers, including motor carriers and other persons using drivers in interstate or intrastate commerce.
Exempt intracity zone refers to the geographic area of a municipality or its commercial zone, as outlined in appendix A to part 372 of this chapter. It excludes any municipality or commercial zone within the State of Hawaii. For the purposes of § 391.62 of this chapter, a driver is deemed to operate entirely within an exempt intracity zone, regardless of any unified management, control, or arrangement involving a continuous shipment to or from a point outside the zone.
Exempt motor carrier refers to an individual or entity engaged in transportation exempt from economic regulation by the Federal Motor Carrier Safety Administration (FMCSA) under 49 U.S.C. chapter 135 but still subject to the safety regulations under this subchapter.
Farm vehicle driver describes a person who operates a commercial motor vehicle exclusively under the following conditions:
(1) The vehicle is controlled and used by a farmer acting as a private motor carrier of property.
(2) It is used to transport either:
(i) Agricultural products; or
(ii) Farm machinery or supplies to or from a farm.
(3) It is not utilized for for-hire motor carrier operations.
(4) It does not carry hazardous materials requiring placards under § 177.823 of this subtitle.
(5) Its operation is confined within a 150-air-mile radius of the farmer’s farm.
Farmer means any individual engaged in farming activities, including operating or managing a farm, and actively cultivating land, crops, or livestock that are either:
(1) Owned by the individual; or
(2) Under their direct control.
Fatality refers to an injury that results in the death of a person either at the time of the motor vehicle accident or within 30 days following the incident.
Federal Motor Carrier Safety Administrator is the executive head of the Federal Motor Carrier Safety Administration, an agency within the U.S. Department of Transportation.
Field Administrator refers to the leader of an FMCSA Service Center who is authorized to initiate compliance and enforcement actions on behalf of the FMCSA, or a delegate acting under their authority.
For-hire motor carrier means an individual or organization engaged in the compensated transportation of goods or passengers.
Gross combination weight rating (GCWR) is determined as the higher value of:
(1) The rating specified by the manufacturer on the Federal Motor Vehicle Safety Standard (FMVSS) certification label issued by the National Highway Traffic Safety Administration; or
(2) The sum of the gross vehicle weight ratings (GVWRs) or gross vehicle weights (GVWs) of the power unit and the towed unit(s) or combination of units generating the highest total weight.
Note: If the power unit is not towing another vehicle, the GCWR specified for the power unit alone is not applicable to define a commercial motor vehicle.
Gross vehicle weight rating (GVWR) refers to the maximum loaded weight of a single motor vehicle, as specified by the manufacturer.
Hazardous material includes any substance or material designated by the Secretary of Transportation as posing significant risk to health, safety, or property when transported in commerce.
Hazardous substance refers to materials or their mixtures/solutions identified in the appendix to § 172.101, List of Hazardous Substances and Reportable Quantities. It applies to materials transported in a single package or vehicle when the quantity meets or exceeds the reportable quantity (RQ). This excludes petroleum products (used as fuels or lubricants) and mixtures with concentrations below the RQ specified in § 171.8 of this title.
Hazardous waste means any material governed by the hazardous waste manifest requirements established by the EPA under 40 CFR part 262 or materials subject to these requirements in the absence of interim authorization granted to a state under 40 CFR part 123, subpart F.
Highway includes any road, street, or thoroughfare, whether public or private, that is open to public travel. Open to public travel signifies accessibility for standard four-wheel passenger vehicles, barring scheduled closures, extreme weather, or emergency conditions. It excludes toll plazas on public toll roads as restrictive gates.
Interchange is defined as:
(1) Providing intermodal equipment to a motor carrier under an intermodal equipment interchange agreement for transportation, loading, unloading, or repositioning; this does not include leasing equipment for primary freight operations.
(2) Providing a passenger-carrying commercial motor vehicle to another motor carrier at a shared service point for continuing movement.
(3) For property-carrying vehicles, refer to § 376.2 of this subchapter.
Intermodal equipment refers to trailing equipment used in intermodal transport, such as trailers or chassis, that facilitate container transportation over highways in interstate commerce.
Intermodal equipment interchange agreement is any written document, including the Uniform Intermodal Interchange and Facilities Access Agreement (UIIFA), executed between an intermodal equipment provider and a motor carrier. This agreement establishes the responsibilities and liabilities of both parties regarding the equipment’s interchange.
Intermodal equipment provider denotes any entity that interchanges intermodal equipment with a motor carrier under a written agreement or assumes responsibility for the equipment’s maintenance.
Interstate commerce pertains to trade, traffic, or transportation activities within the United States that:
(1) Cross state boundaries or involve destinations outside the U.S.;
(2) Occur between locations within a state via another state or outside the U.S.; or
(3) Are part of movements originating or terminating outside the state.
Intrastate commerce encompasses trade, traffic, or transportation confined entirely within a single state and not classified as interstate commerce.
Lease (as referenced in Subpart G) refers to any contract or agreement whereby one motor carrier of passengers grants another motor carrier the use of a passenger-carrying commercial motor vehicle, with or without a driver, for a specified duration to transport passengers. This applies even if compensation for such use is not specified or required, provided at least one of the carriers is not authorized for interstate commerce under 49 U.S.C. §§ 13901-13902. The term also encompasses interchanges or other agreements granting use of such vehicles under similar terms. For property-carrying vehicles, see the definition of “lease” in § 376.2.
Lessee (as referenced in Subpart G) denotes the motor carrier receiving the use of a passenger-carrying commercial motor vehicle from another motor carrier via a lease, interchange, or other agreement, with or without a driver. This includes situations where compensation is not specified. For the definition of “lessee” regarding property-carrying vehicles, refer to § 376.2.
Lessor (as referenced in Subpart G) is the motor carrier providing another motor carrier with use of a passenger-carrying commercial motor vehicle, with or without a driver, through a lease, interchange, or other agreement. This applies regardless of whether compensation is specified. For property-carrying vehicles, see the definition of “lessor” in § 376.2.
Medical Examiner refers to an individual certified by FMCSA and listed in the National Registry of Certified Medical Examiners per Subpart D.
Medical Variance applies to drivers granted authorization from FMCSA to obtain a medical certificate through:
- An exemption letter under part 381, Subpart C; or
- A skill performance evaluation certificate under § 391.49.
Mobile Telephone refers to mobile communication devices classified under commercial mobile radio service as per FCC regulations (47 CFR 20.3). This does not include two-way radios or Citizens Band Radio services.
Motor Carrier includes for-hire or private motor carriers and extends to agents, officers, and employees responsible for driver-related tasks, equipment, or vehicle maintenance. In Subchapter B, it encompasses the terms “employer” and “exempt motor carrier.”
Motor Vehicle covers any mechanically powered vehicle used on highways for transporting passengers or goods. It excludes rail-exclusive vehicles or trolley buses powered by fixed overhead wires.
Motor Vehicle Record is the driving history report of a driver, subject to the Driver Privacy Protection Act (18 U.S.C. §§ 2721–2725) for state-licensed drivers.
Multiple-Employer Driver refers to any driver employed or utilized by more than one motor carrier within a 7-day period.
Operating Authority means the registration required under 49 U.S.C. § 13902 and related regulations (49 CFR Parts 365, 368, and 392.9a).
Operator: See Driver.
Other Terms: Unless explicitly defined within this subchapter, terms retain their commonly accepted meanings. If defined elsewhere, the specified definition applies.
Out-of-Service Order signifies an enforcement declaration (Federal, State, Canadian, Mexican, or local) that a driver, vehicle, or carrier is prohibited from operating under relevant laws or regulations.
Person encompasses individuals, partnerships, associations, corporations, business trusts, or other organized entities.
Previous Employer refers to any DOT-regulated employer of the driver within the past three years, including current employers.
Principal Place of Business designates the location a motor carrier identifies, typically its headquarters, where required records must be available within 48 hours (excluding weekends and federal holidays) upon request by FMCSA.
Private Motor Carrier involves transportation of property or passengers via commercial motor vehicle, excluding for-hire carriers.
Private Motor Carrier of Passengers (Business) refers to carriers providing interstate passenger transport related to a commercial enterprise, unavailable to the public.
Private Motor Carrier of Passengers (Nonbusiness) covers carriers engaged in interstate passenger transport not meeting the criteria for “business” carriers.
Qualified VA Examiner refers to a VA-employed medical professional (e.g., advanced practice nurse, chiropractor, physician assistant) licensed to perform physical exams and familiar with operator standards under 49 U.S.C. § 31149, without a history of fraudulent certification actions.
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.
Receiver or consignee
means a person who takes delivery from a motor carrier or driver of a commercial motor vehicle of property transported in interstate commerce or hazardous materials transported in interstate or intrastate commerce.
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.
Residential heating fuel
includes heating oil, natural gas, and propane (also known as Liquefied Petroleum Gas or Petroleum Gas, Liquified).
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.
Shipper
means a person who tenders property to a motor carrier or driver of a commercial motor vehicle for transportation in interstate commerce, or who tenders hazardous materials to a motor carrier or driver of a commercial motor vehicle for transportation in interstate or intrastate commerce.
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 this part.
State
means a State of the United States and the District of Columbia and includes a political subdivision of a State.
Texting
means manually entering alphanumeric text into, or reading text from, an electronic device.
(1) This action includes, but is not limited to, short message service, emailing, instant messaging, a command or request to access a World Wide Web page, pressing more than a single button to initiate or terminate a voice communication using a mobile telephone, or engaging in any other form of electronic text retrieval or entry, for present or future communication.
(2) Texting does not include:
(i) Inputting, selecting, or reading information on a global positioning system or navigation system; or
(ii) Pressing a single button to initiate or terminate a voice communication using a mobile telephone; or
(iii) Using a device capable of performing multiple functions (e.g., fleet management systems, dispatching devices, smart phones, citizens band radios, music players, etc.) for a purpose that is not otherwise prohibited in this subchapter.
Trailer
includes:
(1) 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.
(2) 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.
(3) 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.
Transportation intermediary
means a person who arranges the transportation of property or passengers by commercial motor vehicle in interstate commerce, or who arranges the transportation of hazardous materials by commercial motor vehicle in interstate or intrastate commerce, including but not limited to brokers and freight forwarders.
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.
Use a hand-held mobile telephone
means:
(1) Using at least one hand to hold a mobile telephone to conduct a voice communication;
(2) Dialing or answering a mobile telephone by pressing more than a single button, or
(3) Reaching for a mobile telephone in a manner that requires a driver to maneuver so that he or she is no longer in a seated driving position, restrained by a seat belt that is installed in accordance with 49 CFR 393.93 and adjusted in accordance with the vehicle manufacturer’s instructions.
Here’s the rewritten piece while maintaining the original formatting:
United States
means the 50 States and the District of Columbia.
Veteran operator
means an operator of a commercial motor vehicle who is a veteran enrolled in the health care system established under 38 U.S.C. 1705(a).
Written or in writing
means printed, handwritten, or typewritten either on paper or another tangible medium, or by any method of electronic documentation that meets the requirements of 49 CFR 390.32.
[53 FR 18052, May 19, 1988]
- 390.5T Definitions.
Unless specifically defined elsewhere, in this subchapter:
Accident
means—
- Except as noted in paragraph (2), an occurrence involving a commercial motor vehicle operating on a highway in interstate or intrastate commerce that results in:
- (i) A fatality;
- (ii) Bodily injury to a person who, due to the injury, receives immediate medical treatment away from the accident scene; or
- (iii) One or more motor vehicles sustaining disabling damage, requiring transportation from the scene by a tow truck or another vehicle.
- The term accident does not include:
- (i) An occurrence involving only boarding or alighting from a stationary vehicle; or
- (ii) An occurrence involving only the loading or unloading of cargo.
Alcohol concentration (AC)
means the concentration of alcohol in an individual’s blood or breath. Expressed as a percentage, it refers to grams of alcohol per 100 milliliters of blood or grams of alcohol per 210 liters of breath.
Assistant Administrator
means the Assistant Administrator of the Federal Motor Carrier Safety Administration or an authorized delegate.
Bus
means any motor vehicle designed, constructed, or used for passenger transportation, including taxicabs.
Business district
refers to a territory contiguous to and including a highway, where, within any 600 feet along the highway, there are buildings used for business or industrial purposes (e.g., hotels, banks, office buildings) occupying at least 300 feet of frontage on one or both sides of the highway.
Certified VA medical examiner
is a qualified VA examiner who has completed the necessary requirements and is listed on the National Registry of Certified Medical Examiners.
Charter transportation of passengers
refers to using a bus to transport a group of individuals under a common purpose, based on a single contract and a fixed charge, granting exclusive use of the vehicle for travel according to a prearranged or amended itinerary.
Coerce or Coercion
means:
- A threat by a motor carrier, shipper, receiver, transportation intermediary, or their representatives to:
- (i) Withhold business, employment, or work opportunities; or
- (ii) Take adverse actions to induce a driver to operate a commercial vehicle under conditions they assert would violate one or more regulations codified in 49 CFR Parts 171–173, 177–180, 380–383, 390–399, § 385.415, or § 385.421T; or
- (iii) Punish a driver for refusing such operations.
- A threat by a motor carrier or its representatives to take similar actions for violations of regulations codified in 49 CFR Parts 356, 360, or 365–379, or for refusing such operations.
Commercial motor vehicle
means any self-propelled or towed motor vehicle used on a highway in interstate commerce to transport passengers or property of the vehicle:
- Has a gross vehicle weight rating (GVWR) or combination weight rating of 4,536 kg (10,001 pounds) or more, whichever is greater;
- Is designed to transport more than 8 passengers (including the driver) for compensation;
- Is designed to transport more than 15 passengers (including the driver) without compensation; or
- Transports hazardous materials requiring placarding under regulations in 49 CFR, Subtitle B, Chapter I, Subchapter C.
Conviction
means an unvacated adjudication of guilt or determination of a violation of law by a court or administrative tribunal, a forfeiture of bail, a guilty plea, or payment of a fine, regardless of suspended or probated penalties.
Covered farm vehicle
means:
- A straight truck or articulated vehicle that:
- (i) Is registered with a license or designation identifying it as a farm vehicle;
- (ii) Is operated by a farm/ranch owner, operator, employee, or family member;
- (iii) Transports agricultural goods, livestock, or supplies; and
- (iv) Is not used for for-hire operations, except under a crop-share lease for transporting the landlord’s crops.
- If meeting the conditions above:
- (i) With a weight rating of 26,001 pounds or less, it may operate nationwide under § 390.39 exemptions;
- (ii) With a weight rating exceeding 26,001 pounds, it may operate under exemptions in its registration state or within 150 air miles of the farm/ranch.
Crash
See Accident.
Direct Assistance
Refers to transportation operations by a motor carrier or driver that directly support State and local efforts to save lives, protect property, or ensure public health and safety during an emergency. These operations include the transportation of essential supplies (e.g., food, fuel, medical equipment) or services (e.g., power, water, telecommunications) necessary to restore normal operations. Routine commercial deliveries or long-term restoration efforts after the emergency threat has passed do not qualify.
Direct Compensation
Payment made directly by passengers or their representatives to a motor carrier for transportation services. It does not include fees that are part of a larger package or charges assessed for other services.
Disabling Damage
Vehicle damage that prevents the vehicle from being driven from the accident scene in its usual manner after simple repairs.
Includes damage that allows driving but could worsen the vehicle’s condition.
Excludes:
- Minor repairs made at the scene using simple tools.
- Tire disablement without additional damage, even if no spare is available.
- Damage to headlights, taillights, turn signals, or wipers.
Driveaway-Towaway Operation
Transportation of an empty or unladen vehicle using its own wheels, including:
- Movement between manufacturer facilities.
- Delivery to a dealer or purchaser.
- Transfer between a seller/lessor and buyer/lessee.
- Transportation to repair shops for accident-related damage.
- Moving a vehicle for mechanical failure repairs.
- Towing using saddle-mount or tow-bar methods.
Driver
An individual who operates a commercial motor vehicle.
Driving a Commercial Vehicle Under the Influence
Includes:
- Operating a CMV with an alcohol concentration of 0.04 or greater.
- Violating State DUI laws while operating a CMV.
- Refusing to submit to alcohol testing as required by enforcement officials.
Electronic Device
Any device used for communication, texting, or information input, including cell phones, PDAs, pagers, and computers.
Electronic Signature
A digital representation used to identify an individual and signify approval of a document, as defined under the Government Paperwork Elimination Act.
Emergency
A situation that poses an immediate threat to human life, public welfare, or essential services, including natural disasters, explosions, or power outages. Emergencies must be officially declared by the President, State Governors, FMCSA, or local authorities. Economic conditions such as strikes or material shortages do not qualify unless they threaten lives.
Emergency Condition Requiring Immediate Response
Situations where delay could result in severe harm, death, or significant property damage. For propane delivery, this includes leaks, gas odors, CO alarms, or damage caused by storms or flooding. Routine gas refills are not included.
Employee
Anyone employed by a motor carrier whose role impacts CMV safety, including drivers, mechanics, and freight handlers. This excludes government employees in official capacities.
Employer
Any business or individual involved in interstate commerce that owns or leases CMVs or assigns employees to operate them. This excludes government entities and interstate compact agencies.
Exempt Intracity Zone
Specific areas within municipalities or their commercial zones (excluding Hawaii) as defined by FMCSA regulations, where transportation exemptions apply.
Exempt Motor Carrier
A motor carrier engaged in operations not subject to FMCSA economic regulation but still required to follow safety rules.
Farm Vehicle Driver
A driver of a CMV used solely for agricultural purposes within a 150-air-mile radius of the farm and not transporting hazardous materials.
Farmer
An individual operating or controlling agricultural operations involving crops or livestock that they own or manage.
Fatality
An injury that results in death either at the time of the accident or within 30 days of the incident.
Federal Motor Carrier Safety Administrator
The head of the FMCSA within the Department of Transportation.
Field Administrator
A regional FMCSA official authorized to initiate enforcement actions.
For-Hire Motor Carrier
A motor carrier that provides transportation services for compensation.
Gross Combination Weight Rating (GCWR)
The highest value of:
- The power unit’s manufacturer-specified weight (on the FMVSS certification).
- The sum of the power unit and towed vehicles’ total weight producing the greatest combined weight.
Gross Vehicle Weight Rating (GVWR)
The maximum weight of a single vehicle as determined by the manufacturer.
Hazardous Material
Any substance designated by the Secretary of Transportation as posing risks to health, safety, or property during transport.
Hazardous Substance
Materials listed in § 172.101 transported in amounts meeting or exceeding the Reportable Quantities (RQ), excluding fuels, lubricants, or diluted concentrations below RQ levels.
Hazardous Waste
Waste materials requiring a hazardous waste manifest under EPA regulations or similar State programs.
Highway
A publicly accessible road or pathway open to standard passenger vehicles except during extreme conditions or scheduled closures.
Interchange
For intermodal equipment: The provision of equipment under an agreement for transport or repositioning.
For passenger CMVs: Vehicle transfers between authorized carriers to continue service.
Intermodal Equipment
Trailing equipment, such as chassis or trailers, used for intermodal transport on public highways.
Intermodal Equipment Interchange Agreement
A contract outlining responsibilities and liabilities between intermodal equipment providers and motor carriers.
Intermodal Equipment Provider
An entity providing or maintaining intermodal equipment for motor carriers under an agreement.
Interstate Commerce
Trade or transport:
- Between two or more States or countries.
- Within one State but passing through another State or foreign territory.
Intrastate Commerce
Trade or transport conducted entirely within one State, excluding activities crossing State lines.
Lease, as used in subpart G of this part, means a contract or agreement in which a motor carrier of passengers grants the use of a passenger-carrying commercial motor vehicle, with or without the driver, to another motor carrier, for a specified period for the transportation of passengers, whether or not compensation for such use is specified or required, when one or more of the motor carriers of passengers is not authorized to operate in interstate commerce pursuant to 49 U.S.C. 13901-13902. The term lease includes an interchange, as defined in this section, or other agreement granting the use of a passenger-carrying commercial motor vehicle, with or without the driver, for a specified period, whether or not compensation for such use is specified or required. For a definition of lease in the context of property-carrying vehicles, see § 376.2 of this subchapter.
Lessee, as used in subpart G of this part, means the motor carrier obtaining the use of a passenger-carrying commercial motor vehicle, with or without the driver, from another motor carrier, through a lease as defined in this section. The term lessee includes a motor carrier obtaining the use of a passenger-carrying commercial motor vehicle, with or without the driver, from another motor carrier under an interchange or other agreement, whether or not compensation for such use is specified. For a definition of lessee in the context of property-carrying vehicles, see § 376.2 of this subchapter.
Lessor, as used in subpart G of this part, means the motor carrier granting the use of a passenger-carrying commercial motor vehicle, with or without the driver, to another motor carrier, through a lease as defined in this section. The term lessor includes a motor carrier granting the use of a passenger-carrying commercial motor vehicle, with or without the driver, to another motor carrier under an interchange or other agreement, whether or not compensation for such use is specified. For a definition of lessor in the context of property-carrying vehicles, see § 376.2 of this subchapter.
Medical examiner means an individual certified by FMCSA and listed on the National Registry of Certified Medical Examiners in accordance with subpart D of this part.
Medical variance means a driver has received one of the following from FMCSA that allows the driver to be issued a medical certificate:
(1) An exemption letter permitting operation of a commercial motor vehicle pursuant to part 381, subpart C, of this chapter; or
(2) A skill performance evaluation certificate permitting operation of a commercial motor vehicle pursuant to § 391.49 of this chapter.
Mobile telephone means a mobile communication device that falls under or uses any commercial mobile radio service, as defined in regulations of the Federal Communications Commission, 47 CFR 20.3. It does not include two-way or Citizens Band Radio services.
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 this subchapter, 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.
Motor vehicle record means the report of the driving status and history of a driver generated from the driver record that is provided to users, such as drivers or employers, and, for drivers licensed by a State, is subject to the provisions of the Driver Privacy Protection Act, 18 U.S.C. 2721-2725.
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.
Operating authority means the registration required by 49 U.S.C. 13902, 49 CFR part 365, 49 CFR part 368, and 49 CFR 392.9a.
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 49 CFR 386.72, 392.5, 392.9a, 395.13, or 396.9, or compatible laws, or the North American Standard Out-of-Service Criteria.
Person means any individual, partnership, association, corporation, business trust, or any other organized group of individuals.
Previous employer means any DOT regulated person who employed the driver in the preceding 3 years, including any possible current employer.
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).
Qualified VA examiner means an advanced practice nurse, doctor of chiropractic, doctor of medicine, doctor of osteopathy, physician assistant, or other medical professional who is employed in the Department of Veterans Affairs; is licensed, certified, or registered in a State to perform physical examinations; is familiar with the standards for, and physical requirements of, an operator certified pursuant to 49 U.S.C. 31149; and has never, with respect to such section, been found to have acted fraudulently, including by fraudulently awarding a medical certificate.
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.
Receiver or consignee means a person who takes delivery from a motor carrier or driver of a commercial motor vehicle of property transported in interstate commerce or hazardous materials transported in interstate or intrastate commerce.
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.
Residential heating fuel includes heating oil, natural gas, and propane (also known as Liquefied Petroleum Gas or Petroleum Gas, Liquified).
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.
Shipper means a person who tenders property to a motor carrier or driver of a commercial motor vehicle for transportation in interstate commerce, or who tenders hazardous materials to a motor carrier or driver of a commercial motor vehicle for transportation in interstate or intrastate commerce.
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 this part.
State means a State of the United States and the District of Columbia and includes a political subdivision of a State.
Texting means manually entering alphanumeric text into, or reading text from, an electronic device.
1) This action includes, but is not limited to, short message service, emailing, instant messaging, a command or request to access a World Wide Web page, pressing more than a single button to initiate or terminate a voice communication using a mobile telephone, or engaging in any other form of electronic text retrieval or entry, for present or future communication.
(2) Texting does not include:
(i) Inputting, selecting, or reading information on a global positioning system or navigation system; or
(ii) Pressing a single button to initiate or terminate a voice communication using a mobile telephone; or
(iii) Using a device capable of performing multiple functions (e.g., fleet management systems, dispatching devices, smart phones, citizens band radios, music players, etc.) for a purpose that is not otherwise prohibited in this subchapter.
Trailer includes:
(1) 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.
(2) 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.
(3) 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.
Transportation intermediary means a person who arranges the transportation of property or passengers by commercial motor vehicle in interstate commerce, or who arranges the transportation of hazardous materials by commercial motor vehicle in interstate or intrastate commerce, including but not limited to brokers and freight forwarders.
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.
Use a hand-held mobile telephone means:
(1) Using at least one hand to hold a mobile telephone to conduct a voice communication;
(2) Dialing or answering a mobile telephone by pressing more than a single button; or
(3) Reaching for a mobile telephone in a manner that requires a driver to maneuver so that he or she is no longer in a seated driving position, restrained by a seat belt that is installed in accordance with 49 CFR 393.93 and adjusted in accordance with the vehicle manufacturer’s instructions.
United States means the 50 States and the District of Columbia.
Veteran operator means an operator of a commercial motor vehicle who is a veteran enrolled in the health care system established under 38 U.S.C. 1705(a).
Written or in writing means printed, handwritten, or typewritten either on paper or other tangible medium, or by any method of electronic documentation that meets the requirements of 49 CFR 390.32.
- 390.6 Coercion prohibited.
(a) Prohibition.
(1) A motor carrier, shipper, receiver, or transportation intermediary, including their agents, officers, or representatives, must not coerce a commercial motor vehicle driver into operating such vehicle in violation of 49 CFR parts 171-173, 177-180, 380-383, or 390-399, or §§ 385.415 or 385.421;
(2) A motor carrier, along with its agents, officers, or representatives, must not coerce a commercial motor vehicle driver to operate such vehicle in violation of 49 CFR parts 356, 360, or 365-379.
(b) Complaint process.
(1) A driver who believes they were coerced into violating a regulation described in paragraph (a)(1) or (2) of this section may file a written complaint under § 386.12(c) of this subchapter.
(2) A complaint filed under paragraph (b)(1) of this section must describe the action the driver claims constitutes coercion and specify the regulation the driver was coerced to violate.
(3) A complaint under paragraph (b)(1) of this section may include any supporting evidence that would aid the Division Administrator in evaluating the merits of the complaint.
[80 FR 74710, Nov. 30, 2015, as amended at 81 FR 68348, Oct. 4, 2016]
- 390.7 Rules of construction.
(a) In part 325 of subchapter A and this subchapter, unless the context indicates otherwise:
(1) Words denoting the singular include the plural;
(2) Words denoting the plural include the singular;
(3) Words denoting the present tense include the future tense.
(b) In this subchapter, the term—
(1) Officer includes any person authorized by law to perform the duties of the office;
(2) Shall is used in an imperative sense;
(3) Must is used in an imperative sense;
(4) Should is used in a recommendatory sense;
(5) May is used in a permissive sense; and
(6) Includes is used as a term of inclusion, not limitation.
[53 FR 18052, May 19, 1988, as amended at 60 FR 38744, July 28, 1995; 83 FR 16226, Apr. 16, 2018]
- 390.8 Separation of functions.
(a) An Agency employee who has actively participated in investigating, prosecuting, advocating, or making an initial Agency determination in a proceeding under § 380.723, § 382.717, § 390.115, § 390.135, or § 391.47 of this chapter or section 5.4 to appendix A to subpart B of part 395 of this chapter may not, in that case or a related case, provide advice or assistance to the Agency official authorized to issue a final decision in the applicable proceeding.
(b) Nothing in this section prevents the Agency official authorized to issue a final decision or anyone advising that official from taking part in a determination to launch an investigation or issue a complaint, or similar preliminary decision.
[86 FR 57073, Oct. 14, 2021]
Subpart B—General Requirements and Information
- 390.9 State and local laws, effect on.
Unless otherwise specifically stated, subchapter B of this chapter does not prevent States or their subdivisions from establishing or enforcing State or local laws related to safety, as long as compliance with such laws does not prevent full adherence to these regulations by the person subject to them.
- 390.11 Motor carrier to require observance of driver regulations.
Whenever a duty is prescribed for a driver or a prohibition is imposed upon the driver in part 325 of subchapter A or this subchapter, it is the responsibility of the motor carrier to ensure the driver observes such duty or prohibition. If the motor carrier is also a driver, they are likewise bound by this requirement.
- 390.13 Aiding or abetting violations.
No person shall aid, abet, encourage, or require a motor carrier or its employees to violate the rules outlined in this chapter.
- 390.15 Assistance in investigations and special studies.
(a) Responsibilities of motor carriers and intermodal equipment providers.
(1) Motor carriers and intermodal equipment providers must make all records and information related to an accident available to an authorized representative or special agent of the Federal Motor Carrier Safety Administration (FMCSA), an authorized State or local enforcement agency representative, or an authorized third-party representative. This must be done within the time frame specified by the request or investigation.
(2) Motor carriers and intermodal equipment providers must provide all reasonable assistance to an authorized representative in the investigation of any accident, including offering a full, true, and accurate response to any questions posed during the inquiry.
(b) Accident register requirements.
Motor carriers are required to maintain an accident register for 3 years following the date of each accident. The register must include at least the following information for each accident:
(1) A list of accidents as defined in § 390.5 of this chapter, which must include:
(i) The date of the accident.
(ii) The city or town, or the nearest location, where the accident occurred, along with the state in which the accident took place.
(iii) The name of the driver involved.
(iv) The number of injuries.
(v) The number of fatalities.
(vi) Whether hazardous materials (other than fuel spilled from the fuel tanks of the motor vehicle involved in the accident) were released.
(2) Copies of all accident reports required by state or other governmental entities, or by insurers.
(Approved by the Office of Management and Budget under control number 2126-0009)
[69 FR 16719, Mar. 30, 2004, as amended at 73 FR 76821, Dec. 17, 2008; 83 FR 22878, May 17, 2018; 88 FR 80184, Nov. 17, 2023]
- 390.16 [Reserved]
- 390.17 Additional equipment and accessories.
Nothing in this subchapter should be interpreted to prohibit the use of additional equipment or accessories, as long as they do not contradict or are not prohibited by the provisions of this subchapter. Such equipment or accessories must not reduce the safety of operation of the commercial motor vehicles on which they are used.
[53 FR 18052, May 19, 1988, as amended at 60 FR 38744, July 28, 1995. Redesignated at 65 FR 35296, June 2, 2000]
- 390.19 Motor carrier identification reports for certain Mexico-domiciled motor carriers.
(a) Applicability. A Mexico-domiciled motor carrier seeking authority to transport property or passengers in interstate commerce between Mexico and points in the United States, beyond the municipalities and commercial zones along the United States-Mexico international border, must submit Form MCS-150 to FMCSA as follows:
(b) Filing schedule. Each motor carrier must file the required form under paragraph (a) of this section according to the following schedule:
(1) Before initiating operations; and
(2) Every 24 months, according to the established schedule.
| USDOT No. 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 a motor carrier’s USDOT Number is odd, the carrier must file its update in every odd-numbered calendar year. If the next-to-last digit is even, the carrier must file its update in every even-numbered calendar year.
(4) Failure to complete the biennial updates as required by paragraph (b)(2) of this section may result in penalties as specified in 49 U.S.C. 521(b)(2)(B) or 49 U.S.C. 14901(a), as applicable, and deactivation of the motor carrier’s USDOT Number.
(c) Availability of forms. The Form MCS-150 and complete instructions can be obtained from the FMCSA website at https://www.fmcsa.dot.gov/urs, from FMCSA Service Centers and Division offices nationwide, or by calling 1-800-832-5660.
(d) Where to file. The Form MCS-150 must be filed with the FMCSA Office of Registration and Safety Information. The form may be filed electronically as per the instructions on the Agency’s website, or it can be mailed to the following address:
Federal Motor Carrier Safety Administration
Office of Registration and Safety Information
MC-RS
1200 New Jersey Avenue SE
Washington, DC 20590
(e) Special instructions. A motor carrier should submit the Form MCS-150 together with its application for operating authority (OP-1(MX)) to the appropriate address listed on the form. Alternatively, the form can be submitted separately by mail or electronically to the address in paragraph (d).
(f) Legal name requirement. Only the legal name or a single trade name of the motor carrier is permitted on the Form MCS-150.
(g)
(1) A motor carrier that fails to file the Form MCS-150, or provides misleading information or false statements on the form, is subject to the penalties outlined in 49 U.S.C. 521(b)(2)(B).
(2) A motor carrier that does not update the Form MCS-150 as required under paragraph (b) will have its USDOT Number deactivated and will be prohibited from conducting transportation.
(h)
(1) Upon receipt and processing of the form mentioned in paragraph (a) of this section, FMCSA will assign an identification number (USDOT Number) to the motor carrier or intermodal equipment provider.
(2) A Mexico-domiciled motor carrier seeking to transport property or passengers in interstate commerce between Mexico and points in the U.S., beyond the municipalities and commercial zones along the United States-Mexico international border, must pass the pre-authorization safety audit outlined in § 365.507 of this subchapter. FMCSA will not issue a USDOT Number until after the protest period under § 365.115 of this chapter, or—if a protest is filed—after FMCSA denies or rejects the protest.
(3) The motor carrier must display the USDOT Number on each self-propelled commercial motor vehicle (CMV), as defined in § 390.5, along with the additional information required by § 390.21.
[80 FR 63711, Oct. 21, 2015, as amended at 88 FR 80184, Nov. 17, 2023]
- 390.19T Motor Carrier, Hazardous Material Safety Permit Applicant/Holder, and Intermodal Equipment Provider Identification Reports.
(a) Applicability. Every motor carrier and intermodal equipment provider must submit the appropriate form to FMCSA as outlined below:
(1) A motor carrier domiciled in the U.S., Canada, Mexico, or outside North America that operates in interstate commerce must file the Motor Carrier Identification Report (Form MCS-150).
(2) A motor carrier operating in intrastate commerce that requires a Safety Permit under 49 CFR part 385, subpart E, must file the Combined Motor Carrier Identification Report and Hazardous Materials (HM) Permit Application (Form MCS-150B).
(3) Any intermodal equipment provider offering intermodal equipment for use in interstate commerce must file the Intermodal Equipment Provider Identification Report (Form MCS-150C).
(b) Filing Schedule. Motor carriers and intermodal equipment providers must submit the relevant form at the following times:
(1) Before commencing operations; and
(2) Every 24 months, following the schedule outlined in the regulations.
| USDOT No. 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 second-to-last digit of the USDOT Number is odd, the motor carrier or intermodal equipment provider must file its update during every odd-numbered calendar year. If the second-to-last digit is even, the update must be filed in every even-numbered calendar year.
(4) Failure to complete biennial updates as outlined in paragraph (b)(2) will result in penalties as defined in 49 U.S.C. 521(b)(2)(B) or 49 U.S.C. 14901(a), as applicable, and the deactivation of the USDOT Number.
(c) Availability of Forms. The forms referenced in paragraph (a), along with detailed instructions, are available on the FMCSA website at https://www.fmcsa.dot.gov (search for “MCS-150,” “MCS-150B,” or “MCS-150C”); at FMCSA Service Centers and Division offices nationwide; or by calling 1-800-832-5660.
(d) Where to File. The required form under paragraph (a) must be submitted to the FMCSA Office of Registration and Safety Information. It can be filed electronically following the instructions on the FMCSA website, or mailed to Federal Motor Carrier Safety Administration, Office of Registration and Safety Information (MC-RS), 1200 New Jersey Avenue SE., Washington, DC 20590.
(e) Special Instructions for For-Hire Motor Carriers. For-hire motor carriers should submit the Form MCS-150 or MCS-150B along with their operating authority application (Form OP-1, OP-1(MX), OP-1(NNA), or OP-2) to the appropriate address listed on the form. Alternatively, the form can be submitted electronically or by mail separately to the address in paragraph (d).
(f) Name Usage on Forms. Only the legal name or a single trade name of the motor carrier or intermodal equipment provider should be used on the forms referenced in paragraph (a) (Form MCS-150, MCS-150B, or MCS-150C).
(g) A motor carrier or intermodal equipment provider that fails to file the required form under paragraph (a), or submits false or misleading information on the form, is subject to penalties under 49 U.S.C. 521(b)(2)(B).
(h)
(1) Once FMCSA receives and processes the form described in paragraph (a), it will issue the motor carrier or intermodal equipment provider a USDOT Number.
(2) The following applicants must pass a pre-authorization safety audit before receiving a USDOT Number:
(i) A Mexico-domiciled motor carrier wishing to operate in interstate commerce beyond the municipalities and commercial zones along the U.S.-Mexico border must undergo a pre-authorization safety audit under § 365.507T. The USDOT Number will not be issued until the protest period under § 365.115 expires or, if a protest is filed, until FMCSA resolves or rejects it.
(ii) A non-North America-domiciled motor carrier seeking to provide interstate transportation within the U.S. must undergo a pre-authorization safety audit under § 385.607T(c). The USDOT Number will not be issued until the protest period under § 365.115 expires or, if a protest is filed, after FMCSA resolves or rejects it.
(3) The motor carrier must display the USDOT Number on each self-propelled commercial motor vehicle (CMV) as defined in § 390.5T, along with additional information required by § 390.21T.
(4) The intermodal equipment provider must label each unit of interchanged intermodal equipment with its assigned USDOT Number.
(i) Motor carriers registering vehicles in a State participating in the Performance and Registration Information Systems Management (PRISM) program are exempt from the requirements of this section, provided they submit all necessary information to the relevant State office.
[82 FR 5316, Jan. 17, 2017, as amended at 83 FR 22878, May 17, 2018; 88 FR 80184, Nov. 17, 2023]
Marking of Self-Propelled CMVs and Intermodal Equipment
(a) General Requirements All self-propelled Commercial Motor Vehicles (CMVs) subject to this chapter must be marked as described in sections (b), (c), and (d). Intermodal equipment offered for interchange to motor carriers must be marked as described in section (g).
(b) Information Required on the Marking The marking on the vehicle must include:
- The legal name or a single trade name of the motor carrier, as listed in the necessary forms or applications.
- The motor carrier’s USDOT identification number, prefixed with “USDOT.”
- If a name other than the operating carrier is displayed, it must be followed by the phrase “operated by,” along with the operating carrier’s name and USDOT number.
- Additional identifying information may appear, provided it does not conflict with the required details.
(c) Marking Specifications The marking must:
- Be visible on both sides of the self-propelled CMV.
- Use letters that contrast sharply with the background.
- Be legible from at least 50 feet during daylight hours, while the vehicle is stationary.
- Be maintained to ensure legibility.
(d) Durability and Construction The marking can be painted or made with a removable device, as long as it meets the identification and legibility standards above, and is maintained in good condition.
(e) Requirements for Rented or Leased CMVs When operating a rented self-propelled CMV or a leased passenger-carrying CMV (for periods not exceeding 30 days), the vehicle must be marked as follows:
- The vehicle should have the lessor’s name and USDOT number marked.
- The rental or lease agreement must contain specific details, including the renting motor carrier’s information and a statement that the lessor cooperates with law enforcement.
- The rental agreement or lease must be carried on the vehicle throughout the term.
- Passenger-carrying CMVs under emergency exceptions do not need to meet these marking requirements.
- Motor carriers must begin complying with these requirements by January 1, 2021.
(f) Driveaway Services In driveaway services, removable marking devices may be placed on either side or at the rear of the vehicle, showing the motor carrier’s name and USDOT number.
(g) Intermodal Equipment Marking For intermodal equipment:
- The provider’s legal name and USDOT number must be marked on the equipment.
- The marking must be placed on the curbside of the equipment and be legible from 50 feet during daylight.
- If a label is used, it must also be highly visible and readable.
- The provider’s USDOT number must be included in the interchange agreement or documented in a weatherproof container on the equipment.
- The provider’s information is accessible via a database for real-time inquiries.
- 390.21T Marking of self-propelled CMVs and intermodal equipment.
(a) General. Every self-propelled CMV subject to this subchapter must be marked as specified in paragraphs (b), (c), and (d) of this section, and each unit of intermodal equipment interchanged or offered for interchange to a motor carrier by an intermodal equipment provider subject to this subchapter must be marked as specified in paragraph (g) 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 § 390.19T.
(2) The identification number issued by FMCSA to the motor carrier or intermodal equipment provider, 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 (b).
(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 and leased passenger-carrying CMVs. A motor carrier operating a self-propelled CMV under a rental agreement or a passenger-carrying CMV under a lease, when the rental agreement or lease has 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) Except as provided in paragraph (e)(2)(v) of this section, 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 or lease as applicable entered into by the lessor and the renting motor carrier or lessee conspicuously contains the following information:
(A) The name and complete physical address of the principal place of business of the renting motor carrier or lessee;
(B) The identification number issued to the renting motor carrier or lessee by 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 information may be shown in a rental agreement:
(1) Whether the motor carrier is engaged in “interstate” or “intrastate” commerce; and
(2) Whether the renting motor carrier or lessee is transporting hazardous materials in the rented or leased 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 or leased CMV”; and
(iv) The rental agreement or lease as applicable entered into by the lessor and the renting motor carrier or lessee is carried on the rental CMV or leased passenger-carrying CMV during the full term of the rental agreement or lease. See the property-carrying leasing regulations at 49 CFR part 376 and the passenger-carrying leasing regulations at subpart G of this part for information that should be included in all leasing documents.
(v) Exception.
(A) A passenger-carrying CMV operating under the 48-hour emergency exception pursuant to § 390.403(a)(2) of this part does not need to comply with paragraphs (e)(2)(iii) and (iv) of this section, provided the lessor and lessee comply with the requirements of § 390.403(a)(2).
(B) A motor carrier operating a self-propelled CMV under a lease subject to subpart G of this part (§§ 390.401 and 390.403) must begin complying with this paragraph (e) on January 1, 2021.
(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.
(g) Intermodal equipment.
(1) The requirements for marking intermodal equipment apply to each intermodal equipment provider, as defined in § 390.5T, that interchanges or offers for interchange intermodal equipment to a motor carrier.
(2) Each unit of intermodal equipment interchanged or offered for interchange to a motor carrier by an intermodal equipment provider subject to this subchapter must identify the intermodal equipment provider.
(3) The intermodal equipment provider must be identified by its legal name or a single trade name and the identification number issued by FMCSA, preceded by the letters “USDOT.”
(4) The intermodal equipment must be identified as follows, using any one of the following methods:
(i) The identification marking must appear on the curb side of the item of equipment. It must be in letters that contrast sharply in color with the background on which the letters are placed. The letters must be readily legible, during daylight hours, from a distance of 50 feet (15.24 meters) while the CMV is stationary; and be kept and maintained in a manner that retains this legibility; or
(ii) The identification marking must appear on a label placed upon the curb side of the item of equipment. The label must be readily visible and legible to an inspection official during daylight hours when the vehicle is stationary. The label must be a color that contrasts sharply with the background on which it is placed, and the letters must also contrast sharply in color with the background of the label. The label must be kept and maintained in a manner that retains this legibility; or
(iii) The USDOT number of the intermodal equipment provider must appear on the interchange agreement so that it is clearly identifiable to an inspection official. The interchange agreement must include additional information to identify the specific item of intermodal equipment (such as the Vehicle Identification Number (VIN) and 4-character Standard Carrier Alpha Code (SCAC) code and 6-digit unique identifying number); or
(iv) The identification marking must be shown on a document placed in a weathertight compartment affixed to the frame of the item of intermodal equipment. The color of the letters used in the document must contrast sharply in color with the background of the document. The document must include additional information to identify the specific item of intermodal equipment (such as the VIN and 4-character SCAC code and 6-digit unique identifying number).
(v) The USDOT number of the intermodal equipment provider is maintained in a database that is available via real-time internet and telephonic access. The database must:
(A) Identify the name and USDOT number of the intermodal equipment provider responsible for the intermodal equipment, in response to an inquiry that includes:
(i) SCAC plus trailing digits; or
(ii) License plate number and State of license; or
(iii) VIN of the item of intermodal equipment.
(B) Offer read-only access for inquiries on individual items of intermodal equipment, without requiring advance user registration, a password, or a usage fee.
[82 FR 5316, Jan. 17, 2017, as amended at 84 FR 40294, Aug. 14, 2019]
§ 390.23 Automatic Relief from Regulations
(a) Presidential Emergency Declaration:
The provisions in Parts 390 through 399 of this chapter, or any part thereof, do not apply to motor carriers or drivers operating commercial vehicles while providing direct assistance during an emergency declared by the U.S. President under 42 U.S.C. 5191(b). This exemption remains in effect for the duration of the emergency period or up to 30 days from the initial emergency declaration, whichever is shorter.
(b) Regional Emergency Declarations:
Unless otherwise specified in subsection (b)(1), the regulations in §§ 395.3 and 395.5 of this chapter do not apply to motor carriers or drivers offering direct assistance during a regional emergency declared by a State Governor, an authorized representative, or FMCSA. This exemption is valid for the duration of the emergency or up to 14 days from the initial declaration, whichever is shorter.
- Residential Heating Fuel Shortages:
In cases where the Governor declares an emergency due to a residential heating fuel shortage, the exemptions in Parts 390 through 399 apply to motor carriers or drivers transporting fuel within the designated emergency area. If the Governor extends the emergency declaration beyond 30 days due to the ongoing shortage, the relief may continue for up to two additional 30-day periods, not exceeding a total of 90 days.
(c) Local Emergencies:
The regulations in §§ 395.3 and 395.5 do not apply to motor carriers or drivers providing direct assistance during an emergency declared by federal, state, or local government authorities, for the period of assistance or up to 5 days from the initial declaration, whichever is shorter.
(d) Tow Trucks in Emergency Response:
Section 395.3 is exempt for motor carriers or drivers providing assistance to tow wrecked or disabled vehicles when requested by federal, state, or local law enforcement officers. This exemption applies for the duration of the assistance or up to 24 hours from the initial request, whichever is shorter.
(e) Termination of Regulatory Relief:
- When direct assistance to the emergency effort ends, motor carriers and drivers must adhere to previously exempted sections, with one exception: drivers may return empty to their terminal or normal work location without complying with these sections. However, drivers requesting immediate rest must be given at least 10 consecutive hours off duty before resuming operations. Upon return to the terminal, drivers must be relieved of all duties and responsibilities.
- Direct assistance ends when a driver or vehicle is used for interstate commerce, transporting cargo unrelated to the emergency, or when dispatched to another operation.
- Once direct assistance ends, drivers must meet the requirements of §§ 395.3(a) and (c) and 395.5(a) before resuming commercial driving.
§ 390.25 Extension or Modification of Emergency Relief
(a) FMCSA Authority:
FMCSA may extend or modify the regulatory relief outlined in § 390.23 based on the ongoing emergency conditions. Interested parties may request an extension or modification by submitting a detailed explanation to FMCSA before the relief period expires. FMCSA will assess the need for relief based on the situation and the requested modifications.
(b) Extension Approval:
If FMCSA approves an extension, a new time limit will be set, and specific terms or conditions may be imposed on motor carriers or drivers relying on continued or modified relief. These conditions may include reporting obligations.
§ 390.27 Locations of motor carrier safety service centers
| Service center | Territory included | Location of office |
| Eastern | Connecticut, Delaware, District of Columbia, Maine, Maryland, Massachusetts, New Hampshire, New Jersey, New York, Pennsylvania, Puerto Rico, Rhode Island, United States Virgin Islands, Vermont, Virginia, West Virginia | 31 Hopkins Plaza, Suite 800, Baltimore, Maryland 21201. |
| Midwestern | Illinois, Indiana, Iowa, Kansas, Michigan, Minnesota, Missouri, Nebraska, Ohio, Wisconsin | 600 Holiday Plaza Drive, Suite 240, Matteson, Illinois 60443. |
| Southern | Alabama, Arkansas, Florida, Georgia, Kentucky, Louisiana, Mississippi, North Carolina, Oklahoma, South Carolina, Tennessee | 61 Forsyth Street SW, Suite 3M40, Atlanta, GA 30303. |
| Western | Alaska, American Samoa, Arizona, California, Colorado, Guam, Hawaii, Idaho, Mariana Islands, Montana, Nevada, New Mexico, North Dakota, Oregon, South Dakota, Texas, Utah, Washington, Wyoming | 12600 West Colfax Avenue, Suite B-300, Lakewood, Colorado 80215. |
[83 FR 22878, May 17, 2018, as amended at 88 FR 80184, Nov. 17, 2023; 89 FR 90622, Nov. 18, 2024]
- 390.29 Record Location Requirements
(a) A motor carrier with multiple locations, such as offices or terminals, may keep the required records and documents at the principal business location, a regional office, or a driver work-reporting site unless specific instructions are outlined in this subchapter.
(b) Records and documents stored at a regional office or driver work-reporting location must be accessible for inspection upon request. A Federal Motor Carrier Safety Administration (FMCSA) agent or authorized representative may inspect them at the motor carrier’s main office or other designated location within 48 hours after the request. The 48-hour time frame excludes Saturdays, Sundays, and federal holidays.
[63 FR 33276, June 18, 1998]
- 390.31 Record Copies
All required records and documents must be maintained for the designated periods. Unless otherwise specified, legible copies that accurately reflect the required information may be kept instead of the originals.
[83 FR 16226, Apr. 16, 2018]
- 390.32 Electronic Records and Signatures
(a) Applicability: This section applies to documents entities or individuals are required to retain, regardless of whether FMCSA later requires them to be produced or shown. It does not apply to documents that must be directly submitted to FMCSA.
(b) Electronic Records: Any individual or entity that needs to create, store, or exchange documents as part of the regulations in chapter III of subtitle B of title 49 (49 CFR 300-399) may use electronic methods to meet these requirements.
(c) Electronic Signatures: (1) An electronic signature may be used by anyone required to sign or certify a document to meet the requirements of chapter III of subtitle B of title 49 (49 CFR parts 300-399). (2) Any available technology that complies with FMCSA requirements can be used to create an electronic signature.
(d) Requirements: Documents created, signed, certified, or exchanged electronically can be used if they accurately reflect the required information. Electronic records, documents, or signatures do not meet the requirements if they are not capable of being retained, are not used for their intended purpose, or cannot be accurately reproduced within the necessary timeframes for access by the entitled parties. Also, such documents must prove consent to use electronic records, as specified in 15 U.S.C. 7001(c).
[83 FR 16226, Apr. 16, 2018]
- 390.33 Use of Commercial Motor Vehicles for Different Purposes
When a commercial motor vehicle of one type is used to perform the duties of a different type, the regulations of this subchapter and part 325 of subchapter A apply to the vehicle and its operation as if it were a commercial motor vehicle of the second type. For example, if a vehicle that is not a bus is used to carry passengers, it must comply with the regulations for buses.
[53 FR 18052, May 19, 1988, as amended at 60 FR 38744, July 28, 1995]
- 390.35 Falsification, Reproduction, or Alteration of Records
No motor carrier, or its agents, officers, representatives, or employees, shall: (a) Make a fraudulent or intentionally false statement in any application, certificate, report, or record required by part 325 of subchapter A or this subchapter; (b) Intentionally falsify any application, certificate, report, or record required to comply with this subchapter or part 325 of subchapter A; (c) Reproduce any application, certificate, report, or record for fraudulent purposes.
- 390.36 Prohibition on Driver Harassment
(a) Definition of Harassment: Harassment occurs when a motor carrier uses information from an electronic logging device (ELD), as defined in § 395.2 of this chapter, or other technology connected to the ELD, knowing or having reason to know that such use would cause the driver to violate § 392.3 or part 395 of this subchapter.
(b) Prohibition: (1) A motor carrier may not harass a driver. (2) This provision does not prevent a motor carrier from using technology to monitor driver productivity, as long as it does not result in harassment.
(c) Complaint Process: A driver who believes they have been harassed by a motor carrier may file a complaint in writing under § 386.12(b) of this subchapter.
[80 FR 78383, Dec. 16, 2015]
- 390.37 Violation and Penalty
Anyone found violating the regulations outlined in this subchapter or part 325 of subchapter A may be subject to civil or criminal penalties. - 390.38 Exemptions for Pipeline Welding Trucks
(a) Federal Requirements
Pipeline welding trucks, as defined in paragraph (b) of this section, and their operators and employers, are exempt from the following:
- Requirements related to registration as a motor carrier, including the obligation to obtain and display a Department of Transportation number as outlined in 49 CFR part 365 or 390.
- Driver qualification requirements as specified in 49 CFR part 391.
- Regulations concerning the operation of commercial motor vehicles under 49 CFR part 392.
- Requirements for parts, accessories, inspection, maintenance, and repair of commercial motor vehicles in 49 CFR parts 393 and 396.
- Hours of service requirements, including restrictions on driving time and on-duty limits in 49 CFR part 395.
(b) Definition
A “Pipeline welding truck” refers to a motor vehicle that:
- Travels within its state of registration or another state.
- Is owned by a welder and has a pick-up truck design.
- Is equipped with a welding rig used for pipeline construction or maintenance.
- Has a gross vehicle weight rating or combination weight rating of 15,000 pounds or less.
[81 FR 47720, July 22, 2016]
- 390.39 Exemptions for “Covered Farm Vehicles”
(a) Federal Requirements
Covered farm vehicles, as defined in § 390.5, and their operators, are exempt from the following:
- Commercial driver’s license requirements in 49 CFR part 383, and from controlled substances and alcohol use/testing in 49 CFR part 382.
- Physical qualifications and examinations requirements in 49 CFR part 391, Subpart E.
- Hours of service regulations in 49 CFR part 395.
- Inspection, repair, and maintenance requirements in 49 CFR part 396.
(b) State Requirements
- General Provision
Federal transportation funding to a state will not be affected by that state’s decision to exempt a covered farm vehicle and its operator from:- Any requirement specified in paragraph (a) of this section, or
- Any other state minimum standard concerning vehicle operation.
- Exception
The provision in paragraph (b)(1) does not apply to covered farm vehicles transporting hazardous materials requiring a placard.
(c) Additional Exemptions and Exceptions
The exemptions listed in paragraphs (a) and (b) of this section are supplementary to, and do not replace, the agricultural exemptions provided in §§ 383.3(d)(1), 383.3(e), 383.3(f), 391.2(a), 391.2(b), 391.2(c), 391.67, 395.1(e)(1), 395.1(e)(2), 395.1(h), 395.1(i), and 395.1(k) of this chapter. Motor carriers and drivers can take advantage of any combination of these exemptions, as long as they fully comply with each specific exemption and exception.
[78 FR 16194, Mar. 14, 2013, as amended at 81 FR 47720, July 22, 2016]
Subpart C—Requirements for Intermodal Equipment Providers and Motor Carriers Operating Intermodal Equipment
Source: 73 FR 76822, Dec. 17, 2008, unless otherwise noted.
- 390.40 Intermodal Equipment Providers
An intermodal equipment provider must:
(a) Identification Requirement
Identify its operations with the Federal Motor Carrier Safety Administration (FMCSA) by filing Form MCSA-1 as required by § 390.201.
(b) Marking of Equipment
Ensure that intermodal equipment is marked with the USDOT number, as required by § 390.21, before offering the equipment to a motor carrier.
(c) Inspection, Repair, and Maintenance
Systematically inspect, repair, and maintain, or ensure the inspection, repair, and maintenance of, intermodal equipment intended for interchange with a motor carrier, in accordance with § 396.3(a)(1), as applicable.
(d) Safe Operating Condition
Provide intermodal equipment intended for interchange that is in a safe and properly functioning condition.
(e) Driver Vehicle Inspection Reports
Maintain a system for receiving driver vehicle inspection reports, as required by § 396.11, submitted to the intermodal equipment provider.
(f) Inspection, Repair, and Maintenance Records
Maintain a system of inspection, repair, and maintenance records for equipment intended for interchange, as outlined in § 396.3(b)(3).
(g) Periodic Inspections
Ensure periodic inspections of equipment intended for interchange, as required by § 396.17.
(h) Pre-Trip Inspection Procedures
At facilities where intermodal equipment is made available for interchange, provide procedures and sufficient space for drivers to perform pre-trip inspections of the tendered equipment.
(i) Damage, Defect, or Deficiency Repair Procedures
Develop and implement procedures to repair any equipment damage, defects, or deficiencies identified during pre-trip inspections or replace the equipment, as necessary, before the driver’s departure. This must be done after being notified by a driver of such issues.
(j) Hazardous Equipment
Refrain from placing intermodal equipment into service on public highways if it is found to present an imminent hazard, as defined in § 386.72(b)(3).
[73 FR 76822, Dec. 17, 2008, as amended at 74 FR 68708, Dec. 29, 2009; 78 FR 58483, Sept. 24, 2013; 79 FR 59457, Oct. 2, 2014; 80 FR 63712, Oct. 21, 2015]
- 390.40T Intermodal Equipment Providers
An intermodal equipment provider must:
(a) Identification Requirement
Identify its operations to the FMCSA by filing the Form MCS-150C as required by § 390.19T.
(b) Marking of Equipment
Mark intermodal equipment with the USDOT number, as required by § 390.21T, before offering the equipment to a motor carrier.
(c) Inspection, Repair, and Maintenance
Systematically inspect, repair, and maintain, or ensure the systematic inspection, repair, and maintenance of, intermodal equipment intended for interchange with a motor carrier, in compliance with § 396.3(a)(1), as applicable.
(d) Safe Operating Condition
Ensure that intermodal equipment intended for interchange is in safe and proper operating condition.
(e) Driver Vehicle Inspection Reports
Maintain a system for receiving driver vehicle inspection reports submitted to the intermodal equipment provider, as required by § 396.11.
(f) Inspection, Repair, and Maintenance Records
Maintain inspection, repair, and maintenance records for equipment intended for interchange, as required by § 396.3(b)(3).
(g) Periodic Inspections
Ensure that equipment intended for interchange is periodically inspected, as required by § 396.17.
(h) Pre-Trip Inspection Procedures
At facilities where intermodal equipment is made available for interchange, provide procedures and sufficient space for drivers to conduct pre-trip inspections of the tendered equipment.
(i) Damage, Defect, or Deficiency Repair Procedures
Implement procedures at interchange facilities to repair or replace any equipment damage, defects, or deficiencies identified during pre-trip inspections, prior to the driver’s departure. These repairs or replacements must be made after being notified by the driver.
(j) Hazardous Equipment
Refrain from placing intermodal equipment into service on public highways if it poses an imminent hazard, as defined in § 386.72(b)(3).
[82 FR 5318, Jan. 17, 2017]
- 390.42 Drivers and Motor Carriers Operating Intermodal Equipment
(a) Driver Inspection Requirement
Before operating intermodal equipment, the driver accepting the equipment must inspect the components listed in § 392.7(b) and verify they are in good working order.
(b) Reporting Damage or Defects
A driver or motor carrier transporting intermodal equipment must report any known damage, defects, or deficiencies in the equipment to the intermodal equipment provider or its designated agent when returning the equipment. The report must include the items listed in § 396.11(b)(1).
[73 FR 76822, Dec. 17, 2008, as amended at 77 FR 34852, June 12, 2012; 77 FR 59828, Oct. 1, 2012; 80 FR 59074, Oct. 1, 2015]
- 390.44 Correcting the Safety Record of a Motor Carrier or an Intermodal Equipment Provider
(a) Filing Disputes Regarding Violations
An intermodal equipment provider or its agent may electronically file concerns about Federal and State data, including safety violations related to the equipment components listed in § 392.7(b), at dataqs.fmcsa.dot.gov. Providers should not be held accountable for violations if the motor carrier previously indicated that the equipment was defect-free during a pre-trip inspection.
(b) Motor Carrier Disputes
A motor carrier or its agent may file concerns about safety violations regarding components of intermodal equipment (other than those listed in § 392.7(b)) at dataqs.fmcsa.dot.gov. These violations will not impact the FMCSA safety fitness determination unless the driver or motor carrier substantially contributed to the violations, as they may not have been detectable during the pre-trip inspection.
(c) Investigating Noncompliance
An intermodal equipment provider or its agent may request an FMCSA investigation into a motor carrier suspected of noncompliance with the regulations governing the interchange of intermodal equipment by contacting the appropriate FMCSA Field Office.
(d) Investigating Noncompliance by Providers
A motor carrier or its agent may request an FMCSA investigation into an intermodal equipment provider believed to be noncompliant with interchange regulations by contacting the appropriate FMCSA Field Office.
- 390.46 Preemption of State and Local Laws and Regulations on the Inspection, Repair, and Maintenance of Intermodal Equipment
(a) General Preemption
As outlined in 49 U.S.C. 31151(d), any state, local, or tribal law, regulation, order, or requirement relating to the inspection, repair, and maintenance of intermodal equipment is preempted if it exceeds or conflicts with the requirements set by the Federal Motor Carrier Safety Regulations.
(b) Pre-existing State Requirements
(1) General Rule
Under 49 U.S.C. 31151(e)(1), state requirements for periodic inspections of intermodal chassis by intermodal equipment providers that were in effect on January 1, 2005, remain valid until June 17, 2009, unless superseded by federal law.
(2) Nonpreemption Determinations
(i) General
If a state law described in paragraph (b)(1) is determined to be as effective as the FMCSA final rule and does not unduly burden interstate commerce, it will not be preempted.
(ii) Application Requirement
States seeking nonpreemption must apply to the Administrator for a determination before June 17, 2009. The Administrator will respond within 6 months of receiving the application.
(iii) Amended State Requirements
If a state amends a nonpreempted regulation, it must apply for a new determination of nonpreemption before the amendment takes effect. The amendment will not be considered unless it meets the FMCSA final rule’s standards and does not unduly burden interstate commerce.
Subpart D—National Registry of Certified Medical Examiners
Source: 77 FR 24127, Apr. 20, 2012, unless otherwise noted.
- 390.101 Scope
(a) This section outlines the minimum qualifications necessary for FMCSA certification of medical examiners and their listing in FMCSA’s National Registry of Certified Medical Examiners. The National Registry is designed to enhance highway safety and operator health by ensuring that medical examiners are properly trained and certified to assess whether an operator meets FMCSA’s physical qualification standards as outlined in part 391 of this chapter. A key component of the Registry is its database, which includes the names and contact information of medical examiners certified by FMCSA to perform medical exams for operators.
(b) A qualified VA examiner, as defined in either § 390.5 or § 390.5T, may be listed on the National Registry of Certified Medical Examiners by fulfilling the certification requirements specified in either § 390.103 or § 390.123.
[83 FR 26860, June 11, 2018]
- 390.103 Eligibility Requirements for Medical Examiner Certification
(a) To obtain medical examiner certification from FMCSA, an individual must:
(1) Be licensed, certified, or registered in accordance with applicable state laws and regulations to conduct physical examinations. The individual must be an advanced practice nurse, doctor of chiropractic, doctor of medicine, doctor of osteopathy, physician assistant, or another medical professional authorized by state law to perform physical exams.
(2) Register on the National Registry website and obtain a National Registry number before enrolling in the training required by § 390.105.
(3) Complete a training program that meets the standards outlined in § 390.105.
(4) Successfully pass the medical examiner certification test administered by FMCSA or an approved testing organization that complies with the criteria set forth in § 390.107, ensuring that the applicant’s test results are forwarded electronically to FMCSA no more than 3 years after completing the training program required under paragraph (a)(3).
(b) For medical examiners with existing FMCSA certification, renewal of certification requires maintaining the qualifications specified in paragraph (a)(1) and undergoing additional testing and training as mandated by § 390.111(a)(5).
[77 FR 24127, Apr. 20, 2012, as amended at 83 FR 26860, June 11, 2018]
- 390.105 Medical Examiner Training Programs
An applicant seeking medical examiner certification must complete a training program that:
(a) Is offered by a provider that:
(1) Holds accreditation from a nationally recognized medical accrediting organization to deliver continuing education units; and
(2) Complies with the following administrative requirements:
(i) Provides proof of participation to all training participants.
(ii) Supplies FMCSA contact information to training participants.
(b) Covers the following subjects:
(1) The background, rationale, mission, and goals of FMCSA’s role in reducing accidents, injuries, and fatalities involving commercial motor vehicles.
(2) Familiarity with the duties and working conditions of commercial motor vehicle operators.
(3) Identification of the operator and the collection, review, and documentation of their medical history, including prescription and over-the-counter medications.
(4) Conducting, reviewing, and documenting the operator’s medical examination.
(5) Performing, acquiring, and documenting additional diagnostic tests or obtaining medical opinions from specialists or the operator’s treating physician.
(6) Educating the operator about medications and medical conditions that are non-disqualifying but require remedial care.
(7) Determining the outcome of operator certification and the period for which the certification will be valid.
(8) Understanding FMCSA’s reporting and documentation requirements.
FMCSA provides guidance on the core curriculum specifications for training providers.
- 390.107 Medical Examiner Certification Testing
To obtain medical examiner certification or recertification, an applicant must apply through an approved testing organization that meets the following criteria:
(a) The testing organization must have documented policies and procedures that:
(1) Use secure protocols for handling test items, forms, data, and candidate information, ensuring access is restricted to authorized personnel.
(2) Provide testing environments that are reasonably comfortable with minimal distractions.
(3) Prevent fraudulent testing practices to the greatest extent possible.
(4) Ensure that test center staff who interact with candidates or provide technical support have received formal training, demonstrate competency, and are monitored regularly for quality assurance.
(5) Accommodate individuals with disabilities to ensure equal testing opportunities without compromising test security.
(b) Testing organizations offering remote, computer-based testing must also ensure:
(1) Authentication of the test taker’s identity.
(2) Monitoring of the test taker’s activities during the exam.
(3) Protection of test content from being reproduced or recorded.
(c) The testing organization must submit its policies and procedures to FMCSA for review and agree to periodic audits to ensure compliance.
(d) The organization must administer only the currently authorized version of the FMCSA medical examiner certification test.
[77 FR 24127, Apr. 20, 2012, as amended at 78 FR 58483, Sept. 24, 2013]
- 390.109 Issuance of FMCSA Medical Examiner Certification Credential
Upon meeting the requirements of § 390.103(a) or (b), FMCSA will issue a medical examiner certification credential and add the examiner’s name to the National Registry of Certified Medical Examiners. The credential is valid for 10 years from the date of issuance.
[77 FR 24127, Apr. 20, 2012, as amended at 83 FR 26860, June 11, 2018]
- 390.111 Requirements for Continued Listing on the National Registry of Certified Medical Examiners
(a) To remain listed on the National Registry, each medical examiner must:
(1) Continue to meet the requirements of §§ 390.103 through 390.115 and applicable regulations in part 391 of this chapter.
(2) Report any changes to the registration information submitted under § 390.103(a)(2) within 30 days.
(3) Maintain licensure, certification, or registration to perform physical examinations in accordance with state laws for each state in which they perform exams.
(4) Keep documentation of licensure, registration, certification, and completion of all training required by this section, and provide this documentation upon request within 48 hours for investigations or within 10 days for regular audits.
(5) Maintain certification by completing required training and testing:
(i) No earlier than 4 years and no later than 5 years after the credential’s issuance, complete periodic training as specified by FMCSA.
(ii) No earlier than 9 years and no later than 10 years after the credential’s issuance:
(A) Complete periodic training as specified by FMCSA; and
(B) Pass the certification test required by § 390.103(a)(4).
(b) FMCSA will issue a new medical examiner certification credential valid for 10 years upon successful completion of the renewal training and testing.
[77 FR 24127, Apr. 20, 2012, as amended at 83 FR 26860, June 11, 2018]
- 390.113 Reasons for removal from the National Registry of Certified Medical Examiners.
FMCSA has the authority to remove a medical examiner from the National Registry of Certified Medical Examiners if the medical examiner fails to meet or uphold the qualifications outlined in §§ 390.103 through 390.115, other applicable regulatory requirements, or the standards set forth by 49 U.S.C. 31149. The removal may occur for reasons including, but not limited to:
(a) The medical examiner does not fulfill the necessary conditions for continued listing on the National Registry, as outlined in § 390.111.
(b) FMCSA identifies errors, omissions, or other signs of improper certification in the Medical Examination Reports or medical examiner’s certificates.
(c) FMCSA determines that the medical examiner issued a certificate to an operator of a commercial motor vehicle who did not meet the necessary standards at the time of the examination.
(d) The medical examiner does not comply with the examination requirements specified in § 391.43 of this chapter.
(e) The medical examiner falsely claims completion of required training in physical and medical examination standards, as detailed in §§ 390.103 through 390.115.
[77 FR 24127, Apr. 20, 2012, as amended at 83 FR 26860, June 11, 2018]
- 390.115 Procedure for removal from the National Registry of Certified Medical Examiners.
(a) Voluntary removal. To voluntarily remove themselves from the National Registry of Certified Medical Examiners, a medical examiner must submit a request to FMCSA, ATTN: Removal from National Registry of Certified Medical Examiners, 1200 New Jersey Ave. SE, Washington, DC 20590. However, after receiving a notice of proposed removal, as explained in paragraph (b), FMCSA will not approve the voluntary removal request.
(b) Notice of proposed removal. Except where specified in paragraphs (a) and (e), FMCSA begins the removal process by sending a written notice to the medical examiner, stating the reasons for the proposed removal under § 390.113, and the corrective actions needed to stay listed on the National Registry.
(c) Response to notice of proposed removal and corrective action. A medical examiner receiving a notice of proposed removal must respond in writing to FMCSA within 30 days of the notice’s issuance. The response should indicate whether the medical examiner disputes the reasons for removal, as outlined in paragraph (c)(1), or will comply with the corrective actions specified in paragraph (c)(2).
(1) Opposing a notice of proposed removal. If the medical examiner believes FMCSA has based the removal on incorrect reasons, in whole or in part, the examiner must provide an explanation. FMCSA will review the explanation.
(i) If FMCSA finds the removal is based on an entirely erroneous reason, the notice will be withdrawn, and the medical examiner will be notified. If the removal is based on partly erroneous reasons, the notice will be modified, and the medical examiner will be notified. The examiner must then comply with §§ 390.103 through 390.115 and rectify any deficiencies within 60 days of the modified notice.
(ii) If FMCSA determines no errors were made in the removal notice, the notice will be upheld, and the medical examiner must correct the deficiencies within 60 days.
(iii) If no response is provided within 30 days of the notice, the removal becomes effective, and the medical examiner will be removed from the National Registry.
(2) Compliance and corrective action.
(i) The medical examiner must correct the deficiencies specified in the notice within 60 days of the notice’s issuance or modification. Documentation of compliance must be submitted to FMCSA. FMCSA may conduct investigations or request further documentation to verify compliance. Once compliance is confirmed, FMCSA will notify the medical examiner of their continued eligibility.
(ii) If the medical examiner does not complete the corrective actions within the 60-day period, they will be removed from the National Registry, and FMCSA will notify them in writing.
(3) Resolution before final notice. A matter may be resolved through mutual agreement between FMCSA and the recipient before the removal notice becomes final.
(d) Request for administrative review. If a person has been removed from the National Registry, they may request an administrative review no later than 30 days after the removal takes effect. The request must include an explanation of the error(s) involved in the removal, as well as any disputed factual, legal, or procedural issues.
(1) Additional procedures for administrative review. FMCSA may request additional data or require attendance at a conference to discuss the removal. If the person fails to provide the requested information or attend the conference, FMCSA may dismiss the review request.
(2) Decision on administrative review. FMCSA will complete the review and notify the person in writing of its decision. If the review finds the removal was unjustified, FMCSA will reinstate the person and reissue their certification, valid until the original expiration date. The reinstated medical examiner must:
(i) Continue to meet the requirements of §§ 390.103 through 390.115 and part 391 of this chapter.
(ii) Report any changes in registration information to FMCSA within 30 days.
(iii) Be licensed, certified, or registered to perform physical examinations in accordance with State laws.
(iv) Maintain and provide documentation of licensure and training upon request.
(v) Complete periodic training as required by FMCSA.
(e) Emergency removal. In cases of willfulness or when public health, safety, or interest is at risk, FMCSA may immediately remove a medical examiner from the National Registry without following the procedures in paragraph (b). The medical examiner may request an administrative review of this emergency removal as described in paragraph (d).
(f) Reinstatement on the National Registry of Certified Medical Examiners. After 30 days of removal, a person may apply for reinstatement to the National Registry. They must:
(1) Continue to meet all regulatory requirements.
(2) Report any changes in registration information to FMCSA.
(3) Be licensed to perform physical examinations.
(4) Maintain documentation of State licensure and training as required, and make it available to FMCSA upon request.
(5) Complete required FMCSA training and testing.
(6) In cases of involuntary removal, provide proof of corrective actions completed.
(g) Effect of final decision by FMCSA. If a person is removed from the National Registry, their certification credential becomes invalid. However, the person’s removal is publicly visible for 3 years, with a note indicating they are no longer listed on the National Registry as of the removal date.
[77 FR 24127, Apr. 20, 2012, as amended at 80 FR 59074, Oct. 1, 2015; 83 FR 22878, May 17, 2018; 83 FR 26860, June 11, 2018; 86 FR 57074, Oct. 14, 2021]
§ 390.123 Certification of Medical Examiners for Qualified Department of Veterans Affairs Examiners
(a) To receive medical examiner certification from the FMCSA under §§ 390.123 through 390.135, a VA examiner must:
- Be an advanced practice nurse, a doctor of chiropractic, a doctor of medicine, a doctor of osteopathy, a physician assistant, or another medical professional employed by the Department of Veterans Affairs.
- Hold the necessary license, certification, or registration in a state to perform physical examinations.
- Register on the National Registry website and obtain a National Registry number prior to completing training that meets the requirements outlined in § 390.125.
- Familiarize themselves with FMCSA’s standards and physical requirements for commercial motor vehicle operators by completing the training program defined in § 390.125.
- Pass the FMCSA medical examiner certification test, administered as per § 390.127, and have the results sent to FMCSA.
- Never have been found to engage in fraudulent activity related to certifying commercial motor vehicle operators, including issuing a medical certificate fraudulently.
(b) To renew certification, a certified VA medical examiner must continue to meet the qualifications specified in paragraphs (a)(1) and (2) of this section and complete additional training and testing as mandated by § 390.131(a)(5).
§ 390.125 Certification Training for Qualified VA Examiners
A VA examiner seeking certification under §§ 390.123 through 390.135 must complete FMCSA-provided training through the National Registry of Certified Medical Examiners system.
[89 FR 90622, Nov. 18, 2024]
§ 390.127 Certification Testing for Qualified VA Examiners
To obtain medical examiner certification from FMCSA under §§ 390.123 through 390.135, a qualified VA examiner must pass the certification test developed and offered by FMCSA through the National Registry of Certified Medical Examiners system.
[89 FR 90622, Nov. 18, 2024]
§ 390.129 Issuance of FMCSA Medical Examiner Certification
Once the requirements of § 390.123(a) or (b) are met, FMCSA will issue a medical examiner certification credential to the qualified or certified VA medical examiner. The examiner’s name will also be added to the National Registry of Certified Medical Examiners. This certification credential will expire 10 years after issuance.
§ 390.131 Continued Listing of Certified VA Medical Examiners on the National Registry
(a) To remain listed on the National Registry of Certified Medical Examiners, certified VA medical examiners must:
- Continue to meet the qualifications defined in §§ 390.123 through 390.135, as well as the applicable standards in part 391 of this chapter.
- Notify FMCSA within 30 days of any changes to the registration information submitted under § 390.123(a)(3).
- Maintain valid state licensure, certification, or registration to conduct physical examinations.
- Retain proof of their state licensure, registration, or certification, along with documentation of completed training as required by this section and § 390.125. This documentation must be available for review by FMCSA or other authorized government representatives upon request, within 48 hours for investigations or 10 days for regular audits.
- Maintain their certification by completing the required training and testing at the following intervals: (i) No sooner than 4 years and no later than 5 years after the certification credential is issued, complete periodic training as specified by FMCSA. (ii) No sooner than 9 years and no later than 10 years after the certification credential is issued: (A) Complete the periodic training as specified by FMCSA. (B) Pass the medical examiner certification test specified in § 390.123(a)(5).
(b) If a certified VA medical examiner meets the above conditions and completes the required training and testing, FMCSA will issue a new certification credential valid for 10 years.
(c) If a certified VA medical examiner no longer works for the Department of Veterans Affairs, they must inform FMCSA within 30 days. The individual must meet the criteria outlined in § 390.111 to remain listed on the National Registry. Their medical license(s) must be verified and accepted by FMCSA before performing any examinations or issuing medical certificates.
§ 390.133 Removal of Certified VA Medical Examiners from the National Registry
FMCSA may remove a certified VA medical examiner from the National Registry of Certified Medical Examiners if they fail to meet the qualifications required by §§ 390.123 through 390.135 or violate any regulations associated with certification. Reasons for removal include, but are not limited to:
- Failure to comply with continued listing requirements as outlined in § 390.131.
- Errors or omissions in certification records, or improper certifications issued by the examiner.
- Issuing medical certificates to commercial motor vehicle operators who do not meet the required standards.
- Noncompliance with the medical examination requirements in § 391.43 of this chapter.
- Falsifying training records related to physical and medical examination standards.
§ 390.135 Procedure for Removal of Certified VA Medical Examiners from the National Registry
(a) Voluntary Removal: To voluntarily remove themselves from the National Registry, a certified VA medical examiner must submit a request to FMCSA, Attention: Removal from National Registry of Certified Medical Examiners, 1200 New Jersey Ave. SE, Washington, DC 20590. FMCSA will approve the request, and removal will be immediate unless a notice of proposed removal has already been issued.
(b) Notice of Proposed Removal: FMCSA can initiate the removal process by sending a notice to the certified VA medical examiner outlining the reasons for removal under § 390.133, along with any corrective actions needed to remain on the National Registry.
(c) Response to Notice: A certified VA medical examiner must respond to the notice of proposed removal within 30 days. They can either:
- Contest the removal, providing reasons FMCSA’s decision was incorrect.
- Agree to take corrective actions specified in the notice.
(i) If the examiner disputes the reasons for removal, FMCSA will review the explanation. If FMCSA finds the reasons to be incorrect, they will withdraw or modify the removal notice. If the reasons are correct, FMCSA will affirm the removal notice.
(ii) If corrective actions are required, the examiner must complete them within 60 days of receiving the notice. Failure to do so will result in removal.
(d) Request for Administrative Review: If removed from the National Registry, the certified VA medical examiner may request an administrative review within 30 days of removal. The request must include reasons why the removal was erroneous and any supporting documents. If the review supports the removal, FMCSA will notify the examiner, and the decision will be final.
(e) Failure to Comply: If the certified VA medical examiner does not take the necessary corrective actions within the required time, the removal will take effect immediately.
Subpart E—Unified Registration System
Source: 80 FR 63712, Oct. 21, 2015, unless otherwise noted.
§ 390.200T USDOT Registration
(a) Purpose. This section outlines the requirements for who must register with FMCSA using the Form MCSA-1, the URS online application, beginning January 14, 2017.
(b) Applicability. Notwithstanding other provisions in this part or 49 CFR 385.305T(b)(2), any new applicant private motor carrier or new applicant exempt for-hire motor carrier subject to this subchapter must submit Form MCSA-1 with FMCSA to identify its operations for safety oversight. Form MCSA-1 is the URS online application, and both the application and its instructions are available on the FMCSA website at https://www.fmcsa.dot.gov/urs.
(c) Definition. For the purposes of this section, a “new applicant” refers to an entity applying for operating authority registration and a USDOT number who does not have an active registration or USDOT, Motor Carrier (MC), Mexican owned or controlled (MX), or Freight Forwarder (FF) number at the time of application, and who has never had an active registration or USDOT, MC, MX, or FF number.
[82 FR 5318, Jan. 17, 2017, as amended at 88 FR 80184, Nov. 17, 2023]
§ 390.201 USDOT Registration
(a) Purpose. This section specifies who must register with FMCSA under the Unified Registration System, outlines the filing schedule, and provides general information for individuals subject to the registration requirements under the Unified Registration System.
(b) Applicability.
(1) Except as provided in paragraph (g) of this section, each motor carrier (including a private motor carrier, an exempt for-hire motor carrier, a non-exempt for-hire motor carrier, and a motor carrier of passengers participating in a through ticketing arrangement with one or more interstate for-hire motor carriers of passengers), intermodal equipment provider, broker, and freight forwarder subject to the requirements of this subchapter must submit Form MCSA-1, the URS online application, to FMCSA to:
(i) Identify its operations with FMCSA for safety oversight, as applicable;
(ii) Obtain operating authority as required under 49 U.S.C. chapter 139, as applicable; and
(iii) Obtain a hazardous materials safety permit as required under 49 U.S.C. 5109, as applicable.
(2) A cargo tank and cargo tank motor vehicle manufacturer, assembler, repairer, inspector, tester, and design certifying engineer that is subject to registration under 49 CFR 107.502 and 49 U.S.C. 5108 must comply with these requirements by electronically submitting Form MCSA-1, the URS online application, to FMCSA.
(c) General.
(1)
(i) Any person who fails to submit Form MCSA-1, the URS online application, as required by paragraph (d)(1) of this section is subject to the penalties outlined in 49 U.S.C. 521(b)(2)(B) or 49 U.S.C. 14901(a), as applicable.
(ii) Any person who fails to complete biennial updates as required by paragraph (d)(2) of this section is subject to the penalties outlined in 49 U.S.C. 521(b)(2)(B) or 49 U.S.C. 14901(a), as applicable, and the deactivation of their USDOT Number.
(iii) Any person who provides false information or makes false statements on Form MCSA-1, the URS online application, is subject to the penalties under 49 U.S.C. 521(b)(2)(B), 49 U.S.C. 14901(a), or 49 U.S.C. 14907, as applicable.
(2) Upon receipt and processing of Form MCSA-1, the URS online application, FMCSA will issue an inactive USDOT Number to the applicant. The USDOT Number will be activated after the completion of any necessary administrative filings under § 390.205(a), unless the applicant is subject to § 390.205(b). The applicant cannot begin operations or display the USDOT Number on a commercial motor vehicle until after receiving written notice from FMCSA confirming the activation of the USDOT Number.
(3) The motor carrier is required to display the USDOT Number on each self-propelled CMV, as defined in § 390.5, along with additional information as specified in § 390.21.
(d) Filing Schedule. Each person listed in § 390.201(b) must electronically file Form MCSA-1, the URS online application, at the following times:
(1) Prior to beginning operations; and
(2) Every 24 months, as specified in paragraph (d)(3) of this section.
(3)
(i) Persons assigned a USDOT Number must file an updated Form MCSA-1, the URS online application, every 24 months, according to the following schedule:
| USDOT No. 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. |
(ii) If the next-to-last digit of its USDOT Number is odd, the person must file their update in every odd-numbered calendar year. Conversely, if the next-to-last digit of the USDOT Number is even, the update must be filed in every even-numbered calendar year.
(4) Change of Legal Name, Business Form, or Address. A registered entity must inform the Agency of any changes to its legal name, business form, or address within 30 days of the change by submitting an updated Form MCSA-1, the URS online application, reflecting the new information. This notification does not exempt the entity from the requirement to file an updated Form MCSA-1 every 24 months, as stipulated in paragraph (d)(3) of this section.
(5) Transfer of Operating Authority.
(i) Both the transferee (person receiving the operating authority) and the transferor (person transferring the operating authority) must notify the Agency of the transfer within 30 days of its completion by submitting:
(A) An updated Form MCSA-1, the URS online application, for the transferor, and for the transferee, if the transferee had an existing USDOT Number at the time of the transfer; or
(B) A new Form MCSA-1, the URS online application, if the transferee did not possess an existing USDOT Number at the time of the transfer.
(C) A copy of the operating authority being transferred.
(ii) Notification of the transfer of operating authority does not relieve a registered entity from the requirement to file an updated Form MCSA-1, the URS online application, every 24 months in accordance with paragraph (d)(3) of this section.
(e) Availability of Form. Form MCSA-1, the URS online application, along with complete instructions, can be accessed on the FMCSA website at https://www.fmcsa.dot.gov/urs.
(f) Filing Instructions. Individuals or entities subject to the registration requirements under this subpart must electronically file Form MCSA-1, the URS online application, through the FMCSA website at https://www.fmcsa.dot.gov/urs.
(g) Exception. The provisions of this subpart do not apply to Mexico-domiciled motor carriers seeking to transport property or passengers in interstate commerce between Mexico and points in the United States beyond the municipalities and commercial zones along the United States-Mexico international border. The procedures for transportation by Mexico-domiciled motor carriers are outlined in § 390.19.
[80 FR 63712, Oct. 21, 2015, as amended at 88 FR 80184, Nov. 17, 2023]
- 390.203 PRISM State Registration/Biennial Updates.
(a) A motor carrier registering its vehicles in a State participating 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]) may alternatively meet the requirements set forth in § 390.201 by electronically filing all required USDOT registration and biennial update information with the State, in accordance with the State’s policies and procedures, provided that the State has integrated USDOT registration/update capabilities into its vehicle registration system.
(b) If the State procedures do not permit a motor carrier to file Form MCSA-1, the URS online application, or submit updates within the timeframe specified in § 390.201(d)(2), the motor carrier must submit such filings directly to FMCSA.
(c) A for-hire motor carrier, unless providing transportation exempt from the commercial registration requirements of 49 U.S.C. chapter 139, must obtain operating authority as prescribed under § 390.201(b) and part 365 of this subchapter prior to operating in interstate commerce.
- 390.205 Special Requirements for Registration.
(a)
(1) General. A person applying to operate as a motor carrier, broker, or freight forwarder under this subpart must complete the additional filings outlined in paragraphs (a)(2) and (a)(3) of this section as a condition for registration under this subpart, within 90 days from the application filing date:
(2) Evidence of Financial Responsibility.
(i) A person registering to operate in interstate commerce as a for-hire motor carrier, broker, or freight forwarder must provide evidence of financial responsibility as required under part 387, subparts C and D of this subchapter.
(ii) A person registering to transport hazardous materials as defined in 49 CFR 171.8 (or any quantity of a material listed as a select agent or toxin in 42 CFR part 73) in interstate commerce must provide evidence of financial responsibility as required under part 387, subpart C of this subchapter.
(3) Designation of Agent for Service of Process. All motor carriers (both private and for-hire), brokers, and freight forwarders required to register under this subpart must designate an agent for service of process (a person upon whom court or Agency process may be served) in accordance with the rules in part 366 of this subchapter:
(b) If an application is subject to a protest period, the Agency will not activate a USDOT Number until the protest period has expired as outlined in § 365.115 of this subchapter or—if a protest is filed—after FMCSA has denied or rejected the protest, as applicable.
- 390.207 Other Governing Regulations.
(a) Motor Carriers.
(1) A motor carrier granted registration under this part must successfully complete the applicable New Entrant Safety Assurance Program as described in paragraphs (a)(1)(i) through (a)(1)(iii) of this section as a condition for permanent registration:
(i) A U.S.- or Canada-domiciled motor carrier is subject to the new entrant safety assurance program under part 385, subpart D, of this subchapter.
(ii) A Mexico-domiciled motor carrier is subject to the safety monitoring program under part 385, subpart B, of this subchapter.
(iii) A Non-North America-domiciled motor carrier is subject to the safety monitoring program under part 385, subpart I of this subchapter.
(2) Only the legal name or a single trade name of the motor carrier may be used on the Form MCSA-1, the URS online application.
(b) Brokers, Freight Forwarders, and Non-Exempt For-Hire Motor Carriers.
(1) A broker or freight forwarder must obtain operating authority pursuant to part 365 of this chapter as a condition for obtaining USDOT registration.
(2) A motor carrier registering to engage in transportation that is not exempt from economic regulation by FMCSA must obtain operating authority pursuant to part 365 of this subchapter as a condition for obtaining USDOT registration.
(c) Intermodal Equipment Providers.
An intermodal equipment provider is subject to the requirements of subpart C of this part.
(1) Only the legal name or a single trade name of the intermodal equipment provider may be used on the Form MCSA-1, the URS online application.
(2) The intermodal equipment provider must identify each unit of interchanged intermodal equipment by its assigned USDOT Number.
(d) Hazardous Materials Safety Permit Applicants.
A person applying for a hazardous materials safety permit is subject to the requirements of part 385, subpart E, of this subchapter.
(e) Cargo Tank Facilities.
A cargo tank facility is subject to the requirements of 49 CFR part 107, subpart F, 49 CFR part 172, subpart H, and 49 CFR part 180.
Subpart F [Reserved]
Subpart G—Lease and Interchange of Passenger-Carrying Commercial Motor Vehicles
Source: 84 FR 40295, Aug. 14, 2019, unless otherwise noted.
- 390.401 Applicability.
(a) General: Starting on January 1, 2021, and with the exceptions noted in paragraphs (b)(1) and (2) of this section, this subpart applies to the following actions, regardless of duration or compensation:
(1) The lease of passenger-carrying commercial motor vehicles; and
(2) The interchange of passenger-carrying commercial motor vehicles between motor carriers.
(b) Exceptions:
(1) Contracts and Agreements Between Active Motor Carriers: This subpart does not apply to contracts and agreements between motor carriers of passengers that hold active passenger carrier operating authority registrations with the Federal Motor Carrier Safety Administration (FMCSA), when one motor carrier acquires transportation services from another.
(2) Financial Leases: This subpart does not apply to contracts (whether labeled as leases, hire purchase agreements, or other similar terms) between a motor carrier and a bank, financial institution, or manufacturer/dealer, where the motor carrier is allowed to use a passenger-carrying commercial motor vehicle.
(c) Penalties: If a motor carrier uses a passenger-carrying commercial motor vehicle without a lease or interchange agreement, or under an agreement that does not meet the conditions of this subpart, both the lessor and lessee motor carriers will be subject to civil penalties.
- 390.403 Lease and Interchange Requirements.
Starting on January 1, 2021, and unless exempted by § 390.401(b), a motor carrier may only transport passengers in a leased or interchanged commercial motor vehicle under the following conditions:
(a) General Requirements:
(1) Lease or Agreement: There must be an active lease or agreement in place that meets the conditions outlined in paragraphs (b) and (c) of this section. The lease must be adhered to by the lessee, or the interchange agreement must govern the interchange of vehicles between motor carriers conducting service on a specific route.
(2) Exception: In cases where an event (e.g., an accident or vehicle malfunction) requires immediate replacement of a vehicle from another motor carrier, the two carriers may delay the written lease or agreement for up to 48 hours after the lessee takes possession of the vehicle. During this period, the driver must carry a document, signed and dated, confirming the vehicle’s lease under § 390.403(a)(2).
(b) Lease Contents: The lease or interchange agreement must include the following details:
(1) Vehicle Identification: The name of the manufacturer, year of manufacture, and the last six digits of the VIN for each vehicle transferred under the lease or interchange.
(2) Parties: The legal name, USDOT number, and phone number of both the motor carrier providing the transportation (lessee) and the one providing the vehicle (lessor), along with signatures of both parties or their representatives.
(3) Duration: The specific start and end times, dates, and locations of the lease or interchange agreement.
(4) Exclusive Possession and Responsibilities:
(i) A statement confirming that the lessee has exclusive possession and responsibility for the vehicle for the duration of the lease and assumes full responsibility for vehicle operation and regulatory compliance.
(ii) If a sublease occurs, the same requirements apply to the sublease agreement.
(c) Copies of the Lease: A copy of the lease must be kept with the vehicle during the lease or interchange period, and both the lessee and lessor must retain copies for one year after the lease’s expiration.
Appendix A to Part 390—Applicability of the Registration, Financial Responsibility, and Safety Regulations to Motor Carriers of Passengers
- FMCSA’s Jurisdiction
The Federal Motor Carrier Safety Regulations (FMCSRs), found in parts 350-399 of Title 49 of the Code of Federal Regulations (CFR), establish minimum safety standards for motor carriers, drivers, and vehicles in interstate commerce. These regulations cover motor carrier registration, financial responsibility, driver qualifications, and vehicle safety, among other areas. However, Congress has enacted certain exemptions for specific categories of vehicles and operations, which means FMCSA does not regulate all operators who fit the motor carrier, vehicle, or driver definitions under its jurisdiction.
FMCSA’s jurisdiction over safety regulations is primarily based on the definition of “commercial motor vehicle” (CMV) in the Motor Carrier Safety Act of 1984 (MCSA). Under this definition, a passenger vehicle is considered a CMV if it is used to transport 9 or more passengers for compensation or 16 or more passengers regardless of compensation. Vehicles with a GVWR or GVW of 10,001 pounds or more also qualify as CMVs, regardless of passenger capacity. However, passenger-carrying vehicles that transport 8 or fewer passengers, have a GVWR or GVW of 10,000 pounds or less, and do not transport hazardous materials are exempt from FMCSA regulation.
FMCSA also has jurisdiction over vehicles based on the Commercial Motor Vehicle Safety Act of 1986 (CMVSA), which impacts the CDL program and drug and alcohol testing requirements. This includes vehicles that weigh 26,001 pounds or more and transport passengers, or vehicles that transport 16 or more passengers.
For determining if a passenger carrier operation requires a CDL, FMCSA’s jurisdiction is determined by the vehicle’s weight or passenger capacity, along with whether it transports hazardous materials.
- Jurisdictional Limitations and Exemptions
FMCSA regulations include certain exemptions and exceptions, which are primarily codified in 49 U.S.C. 13506 and 49 CFR 390.3. These exemptions or exceptions limit the applicability of FMCSA’s safety regulations. To determine whether FMCSA’s regulations apply to a specific operation, it is necessary to assess the operation’s jurisdictional scope and check if any statutory or regulatory exemptions apply.
Passenger Transportation to and From Airports and Other Points of Interstate Departure/Arrival
In 1938, Congress revised Section 203(b) of the Motor Carrier Act of 1935 to exempt transportation by motor vehicle when it is incidental to air travel. This exemption, codified in 49 U.S.C. 13506(a)(8)(A) and implemented through 49 CFR 372.117(a), allowed motor carriers to transport passengers to and from airports without requiring operating authority registration, as long as the transportation was linked to air travel.
In 1964, the Interstate Commerce Commission (ICC) reinforced its stance that this exemption did not require a through ticket for passengers. It confirmed that passenger transport connected to air travel could be exempt even if the air and motor services were not part of a common through-ticketing arrangement. FMCSA concurs with this interpretation, affirming that through-ticketing is not required for the exemption to apply.
However, the exemption applies only to prearranged motor vehicle transportation. This includes situations where a passenger has secured an advance guarantee for the service, demonstrating their commitment to take the transport either before or after their interstate flight. This ensures the movement is considered part of a continuous interstate journey. Motor carriers conducting intrastate operations for interstate air passengers within the specified radius outlined in § 372.117(a) are not required to register for operating authority, but they remain subject to Federal Motor Carrier Safety Regulations (FMCSRs) unless specifically exempt.
Historically, it has been reported that airlines rarely issue through tickets combining ground and air transportation, which remains true today. Package deals may be offered by travel agents or online services, but airlines themselves seldom provide such arrangements. The FMCSA finds no reason to change the ICC’s reasoning that motor carriers providing airport-related transportation are eligible for the exemption, even when passengers are not traveling on a combined air and ground ticket.
It’s important to note, however, that the exemption from operating authority registration does not extend to safety regulations. Prearranged motor vehicle transportation, arranged with an advance guarantee, remains part of interstate commerce and is subject to the FMCSRs, even if the motor carrier is only operating intrastate, as long as it is part of a continuous interstate journey.
Prearranged Passenger Transportation
Federal courts have long held that the classification of transportation as interstate or intrastate depends on the shipper’s intent at the time of shipment. The key factor is whether the shipper has shown a fixed and persisting intent to ship goods or passengers in interstate commerce. In the case of passenger transportation, this intent is demonstrated by prearranging the transportation, both by air and by motor vehicle, prior to the start of the journey.
For example, a passenger booking an airport limousine service along with an interstate flight several weeks in advance demonstrates their intent to engage in interstate commerce. This prearranged transportation is considered part of a continuous interstate journey. On the other hand, a decision made at the last minute to take a taxi to or from the airport would not be considered part of interstate commerce.
This principle also applies to cruise passengers who have arranged for ground transportation to an inland destination, which is part of a broader interstate or international trip. Federal court decisions have upheld that even when travel segments are booked separately, the intent to engage in interstate commerce, demonstrated through the prearrangement of both air and ground transportation, places the entire trip within the scope of interstate commerce.
FMCSA’s Jurisdiction Over Passenger Transportation
FMCSA has been asked whether the agency’s jurisdiction over motor carriers of passengers requires a certain threshold of interstate travel. Past cases have confirmed that even if only a small percentage of a carrier’s trips are interstate, FMCSA maintains jurisdiction over all operations. This is particularly true if the carrier is undertaking trips with commercial motor vehicles (CMVs) in interstate commerce.
FMCSA’s jurisdiction is broad, encompassing safety regulations and operational standards for motor carriers that perform both interstate and intrastate operations, regardless of the balance between the two. As such, carriers with mixed operations are still required to comply with FMCSA regulations when engaged in interstate transport.
Jurisdiction Over Infrequent Interstate Operations
FMCSA has clarified that its authority over carriers extends even to infrequent interstate operations. Evidence of interstate transport, even if it only occurs occasionally, subjects the motor carrier to the FMCSA’s jurisdiction. This is consistent with previous interpretations of similar regulations, such as those under the Fair Labor Standards Act, which held that a motor carrier with a small percentage of interstate trips could still be subject to certain safety regulations.
FMCSA continues to uphold this position, meaning that any carrier engaging in interstate passenger transport—no matter how infrequent—is subject to FMCSA regulations.
“For Compensation” and “For-Hire” Definitions
FMCSA’s safety jurisdiction, except for CDL regulations, is defined by the term “commercial motor vehicle” as outlined in 49 U.S.C. 31132(1). Under this statute, a commercial motor vehicle is defined as a vehicle used to transport passengers or property in interstate commerce. Specifically, for passenger transport, a vehicle is considered a commercial motor vehicle if it is either designed for or actually used to carry more than eight passengers, with compensation received. Additionally, any vehicle designed or used to transport more than 15 passengers, regardless of compensation, is also classified as a commercial motor vehicle. In these definitions, the total number of passengers always includes the driver (49 U.S.C. 31132(1)(B)-(C)).
Furthermore, a motor carrier applying for commercial operating authority under 49 U.S.C. 13902 is governed by the definition of a motor carrier in 49 U.S.C. 13102(14), which includes anyone providing motor vehicle transportation for compensation.
FMCSRs include “compensation” in the definition of a “for-hire motor carrier,” referring to any individual or company engaged in transporting goods or passengers for payment (§§ 390.5T and 390.5). In a 1993 interpretation notice, FHWA provided an expanded definition of “compensation,” explaining that both direct and indirect payment constitute compensation. This interpretation also indicated that nonbusiness organizations, such as churches and charities, may operate as for-hire passenger carriers if they charge fees for charter services (58 FR 27328, 27329). For example, hotels, car rental services, shuttle buses, and certain recreational activities like rafting or diving operations, which charge fees, are considered for-hire motor carriers. The notice emphasized that “compensation” can include both direct and indirect payments and does not require a profit motive.
This stance was reiterated in regulatory guidance in 1993 and 1997 (58 FR 60734, 60745; 62 FR 16370, 16407), as well as in the 1994 final rule on private motor carriers of passengers (59 FR 8748). It adopted exceptions for “private motor carriers of passengers (business)” and “private motor carriers of passengers (nonbusiness)” (now codified in 49 CFR 391.69 and 391.68).
“Compensation,” in the context of for-hire motor carriers under §§ 390.5T and 390.5, includes both direct and indirect payments. For example, intercity motorcoach services receive direct compensation, while services like hotel shuttle buses or car rental companies indirectly charge by including transportation costs in their rates. By law, most taxi services are exempt from commercial operating authority registration (49 U.S.C. 13506(a)(2)) and are not subject to the FMCSRs because their designed passenger capacity is less than nine and their GVW is below the threshold for a commercial motor vehicle.
Passenger transportation can be categorized as either for-hire or private. Unless exempt, for-hire motor carriers must register for operating authority under 49 U.S.C. 13902 before offering interstate transport. A passenger carrier may operate both for-hire and private transport, but the classification of a specific trip—whether for-hire or private—depends on whether compensation is involved. For-hire transport may or may not be open to the public. Nonprofit or nonbusiness entities that receive any form of compensation for transportation are considered to be engaged in for-hire passenger transport, even if the compensation comes in non-traditional forms like donations or reimbursements.
Vanpools
In a 1999 interim final rule (64 FR 48510), FHWA clarified its earlier broad interpretation of “compensation” in vanpools. The agency acknowledged that Congress did not intend for commuter vanpools, which are organized for convenience and not for profit, to be federally regulated. While payments for vanpool rides could technically be considered compensation, FHWA stated that as long as the money collected wasn’t used for business purposes or as income, vanpools would not be subject to FMCSA regulations. This position was solidified in the Motor Carrier Safety Improvement Act of 1999 (MCSIA), which tasked FMCSA with deciding whether all motor carriers operating vehicles for 9-15 passengers receiving payment should be covered by FMCSRs. FMCSA concluded that small passenger carriers operating for direct compensation posed a safety risk and should be regulated, as detailed in its 2003 final rule (68 FR 47860).
FMCSA now clarifies that a vehicle used to transport 9-15 passengers (counting the driver) is not considered a commercial motor vehicle for FMCSRs unless compensation is involved or the vehicle’s GVW or GVWR exceeds 10,000 pounds. The term “compensation” is crucial in determining FMCSA jurisdiction. If a vehicle is used to transport fewer than 16 passengers and is not for compensation, it is not considered a commercial motor vehicle, and FMCSA does not have jurisdiction.
This interpretation also has implications for vanpools. Payments made to cover vehicle expenses can be considered compensation, but only if they are used for business purposes or reported as income to the IRS. Otherwise, vanpool operations are exempt from FMCSRs.
FMCSA’s stance remains unchanged—commuter vanpools will not be regulated if all of the following apply: (1) the vehicle is used for daily commutes to and from work, (2) it transports no more than 15 individuals (including the driver), (3) the GVW/GVWR is less than 10,001 pounds, and (4) the payments received are not reported to the IRS as income.
Compliance and Clarification
FMCSA acknowledges that some motor carriers have incorrectly assumed their operations were not subject to certain regulations, especially when they believed their operations were intrastate or non-commercial. However, it’s important to note that for-hire motor carriers engaged in interstate commerce must register for commercial operating authority, regardless of vehicle size or weight (unless exempt). Safety regulations apply only to motor carriers operating interstate and using vehicles that qualify as commercial motor vehicles under FMCSA guidelines.
To illustrate the implications of these regulations, FMCSA provides examples in the following categories: the meaning of “interstate commerce,” operating authority registration, minimum financial responsibility, and general safety jurisdiction. These examples help clarify how various exemptions and regulatory requirements apply to passenger transportation services.
III. Specific Example Scenarios
In assessing the scope of FMCSA’s jurisdiction for each scenario, the framework outlined earlier in this notice is applied. For each case, the Agency determines whether the operation falls within FMCSA’s jurisdiction based on statutory definitions and whether any exemptions limit the applicability of the FMCSRs. This same framework will be used to evaluate any new scenarios that arise in the future.
This section provides example scenarios illustrating the FMCSRs’ applicability to motor carriers of passengers engaged in interstate commerce. These scenarios are divided into six categories, and some references to regulatory sections are based on temporary provisions established in the final rule published on January 17, 2017 (82 FR 5292). FMCSA clarifies that when the language between the suspended and temporary sections is the same, the guidance applies to both the suspended section once it is reinstated and to the temporary section.
Passengers Using Multiple Transportation Modes
- Scenario 1: A couple takes a trip that starts with a limousine ride from their residence to an airport within the same state. After flying to another state, they board a prearranged mini-bus that takes them to a port, where they embark on a cruise to foreign countries.
Guidance: This scenario involves for-hire transportation by motor vehicle as part of an interstate journey. Since the transportation was prearranged, both the limousine and mini-bus operators may be subject to FMCSRs, including registration and safety regulations, unless exempt under the “incident to air travel” provision. The prearranged nature of the trip and the continuous interstate movement throughout the journey solidify its classification in interstate commerce. - Scenario 2: A company operates a bus service that transports cruise passengers to local attractions. The buses, designed to carry more than 15 passengers, do not cross state lines, but the cruises originate in another state or country. The bus tours are booked by passengers before or during the cruise.
Guidance: This scenario also involves transportation as part of continuous interstate movement. The company must comply with all relevant FMCSRs, including those related to registration, safety, and driver requirements, as it operates a commercial motor vehicle (CMV) designed to carry 16 or more passengers. The bus tour, prearranged by passengers with the intention of continuing interstate travel, ensures the transportation is classified as part of interstate commerce. - Scenario 3: A person books an airline flight and a rental car with a shuttle service from the airport to the car rental facility. The shuttle service operates within a 25-mile radius and does not require reservations, but all vehicles have a GVWR of 10,001 pounds or more, and they transport 16 or more passengers.
Guidance: While the shuttle service is considered part of continuous interstate movement, certain exemptions apply. The company must comply with FMCSRs related to registration and driver requirements, but it is not required to register for operating authority under the “incident to air travel” exemption, provided the service is within a 25-mile radius of the airport and meets other criteria. Despite this, the company must maintain the required financial responsibility.
Hotel-Related Passenger Transportation
- Scenario 1: A hotel offers a courtesy van to shuttle guests between the hotel and an airport within a 25-mile radius. The van, designed for 15 passengers, is not subject to FMCSRs for registration or CDL requirements, provided the transportation occurs within the exempt zone.
Guidance: This scenario qualifies for the exemption outlined in §§ 390.3T(f)(6) and 390.3(f)(6) based on the van’s size and the non-compensatory nature of the transportation. The hotel must still adhere to registration requirements but is exempt from the operating authority provisions. While the transportation is part of interstate commerce, the van’s 15-passenger capacity exempts the hotel from requiring a CDL for the driver and from drug and alcohol testing regulations. - Scenario 2: A hotel located outside the 25-mile radius of a major airport offers a similar shuttle service to and from the airport.
Guidance: In this case, the hotel must comply with registration and other FMCSR requirements as the shuttle service does not fall within the 25-mile radius exemption. The hotel is also required to maintain financial responsibility under §§ 387.33T and 387.33, and while the van’s size means it is not subject to CDL and drug/alcohol testing regulations, the service still qualifies as interstate transportation.
Employer-Related Passenger Transportation
Scenario 1: A cleaning company operates 15-passenger vans to transport employees to client locations. Located near a state border, the employer sometimes transports employees to neighboring states. For trips outside a specified distance from the company’s office, the transportation is provided free of charge. However, when trips are within the specified distance, the company charges employees a transportation fee, which is deducted from their pay. Most transportation occurs outside the company’s commercial zone, and all vehicles and drivers participate in interstate transportation.
Guidance: This situation involves for-hire transportation by a commercial motor vehicle (CMV) engaged in continuous interstate movement. The vans qualify as CMVs under § 390.5 and must adhere to regulations outlined in 49 CFR parts 350 through 399. Since employees are charged a fee, the company is not eligible for the limited exception under §§ 390.3T(f)(6) and 390.3(f)(6) for vehicles not operated for direct compensation. The company must register in accordance with 49 CFR part 365 subpart A and part 390 subpart E, and maintain financial responsibility of $1.5 million, as required under §§ 387.33T and 387.33. Although drivers are not required to hold CDLs, they must meet the general driver qualifications under part 391, including medical certification.
Scenario 2: A construction company uses a bus designed for more than 15 passengers to transport employees to work sites, but occasionally uses it on weekends to take employees to an amusement park in another state. The company charges passengers a fee for this recreational trip, which is open to employees and their guests.
Guidance: This situation also involves interstate transportation by a CMV and falls under the applicable regulations in 49 CFR parts 350 through 399. The company must register for operating authority and USDOT number as outlined in 49 CFR part 365 subpart A and part 390 subpart E. The driver must hold a valid CDL with a passenger endorsement and comply with drug and alcohol testing regulations. The company is required to maintain at least $5 million in financial responsibility, as per §§ 387.33T and 387.33. If the company engages in interstate operations only occasionally, FMCSA’s jurisdiction extends to the company, vehicle, and driver for up to 4 months after such trips.
Education-Related Passenger Transportation
Scenario 1: A non-profit organization conducts educational tours using 15-passenger vans. The tours, which cross state or international borders, are booked as part of a course or as standalone trips. A flat fee, which includes transportation, is charged for each tour. The vans have a gross vehicle weight rating (GVWR) under 10,000 pounds.
Guidance: The organization provides for-hire transportation by a CMV and meets the definition in §§ 390.5T and 390.5, operating in interstate commerce. While the organization does not receive direct compensation, it still must comply with FMCSA registration requirements under 49 CFR part 365 subpart A and part 390 subpart E. The vehicles and drivers are not subject to CDL or drug and alcohol testing regulations because the vans fall below the necessary thresholds. Despite its non-profit status, the organization is engaged in for-hire operations and must maintain financial responsibility of $1.5 million under §§ 387.33T and 387.33.
Scenario 2: A school bus contractor transports athletes, faculty, and volunteers to out-of-state events. The same contractor later transports elementary students to a historic site. The bus used has a capacity of more than 15 passengers.
Guidance: This scenario involves interstate transportation by a CMV, subject to FMCSA regulations. The contractor must comply with safety registration and USDOT number requirements under 49 U.S.C. 31134 and register as per 49 CFR part 390 subpart E. Because the bus is a CMV and the transportation is for-hire, the driver must hold a CDL with the appropriate endorsements and comply with drug and alcohol testing requirements. However, the contractor is exempt from operating authority registration because the transportation is organized and financed by the school district, and they qualify for the exception for school bus operations under § 372.103.
Scenario 3: A private university uses buses to transport athletes and employees to games in other states. The transportation is funded by the university’s athletic department budget.
Guidance: This situation involves interstate transportation by a private motor carrier, subject to regulations in 49 CFR parts 350 through 399. The university must register for FMCSA authority and the driver must hold a CDL with the necessary endorsements and be subject to drug and alcohol testing. There is an exception in § 391.69 regarding driver qualifications, and the university is not required to maintain operating authority registration because the transportation is not for-hire. Financial responsibility requirements do not apply to private motor carriers of passengers.
Scenario 4: A private high school uses buses to transport students, faculty, and athletes to games out of state. The buses have a capacity of 16 or more passengers.
Guidance: This scenario involves interstate transportation by a CMV and requires the high school to comply with FMCSA regulations. The transportation is financed by the school’s athletic budget. However, the school qualifies for exemptions from certain FMCSA requirements, such as operating authority registration and financial responsibility requirements, because the transportation is organized, sponsored, and paid for by the school district. The school must comply with driver qualification requirements, including holding a CDL and adhering to drug and alcohol testing regulations.
Miscellaneous Passenger Transportation
Scenario 1: An assisted living community operates a bus that can carry more than 15 passengers, including the driver. The bus is used to transport residents to appointments, shopping, and entertainment. While local transportation within the state is funded by fees paid by residents, the community charges a special fee for entertainment-related trips. The bus is not available for public use. Some trips extend to a neighboring state, but all transportation remains within the commercial zone of the community.
Guidance: This situation describes interstate transportation by a commercial motor vehicle (CMV), with certain exemptions. The assisted living community is using a CMV, as defined under §§ 390.5T and 390.5, for interstate travel. Although the transportation stays within the community’s commercial zone, it is still classified as interstate commerce for regulatory purposes. The community must comply with all relevant provisions of 49 CFR parts 350–399 regarding passenger carrier operations.
The bus, with seating for 16 or more passengers, qualifies as a CMV as defined in § 383.5, and the driver must have a valid Commercial Driver’s License (CDL) with a passenger endorsement, as well as enrollment in a drug and alcohol testing program according to 49 CFR part 382.
While the community charges a special fee for entertainment trips across state lines, it does not need to register for operating authority because all transportation occurs within the commercial zone (49 U.S.C. 13506(b)(1)). However, it must register for a USDOT number in compliance with 49 CFR part 390 subpart E due to operating a CMV in interstate commerce.
As a for-hire motor carrier, the community must maintain $5 million in financial responsibility under §§ 387.33T and 387.33 due to the use of vehicles with 16 or more passenger seats. The general fees residents pay cover local transportation, which is considered a for-hire service, and the additional charge for entertainment transportation is also classified as a for-hire service.
Scenario 2: A youth camp transports campers in 15-passenger vans to and from airports, parks, medical facilities, and across state lines. The camp charges a flat fee for the camp package, which includes transportation. The vans have a Gross Vehicle Weight (GVW) and Gross Vehicle Weight Rating (GVWR) under 10,001 pounds. The vans operate within a 25-mile radius of the airport, but trips also extend beyond this boundary, including out-of-state travel.
Guidance: If the camp includes transportation as part of a total package fee, it generally does not need to comply with most of the safety regulations for commercial motor vehicles. Although the camp operates CMVs as defined in §§ 390.5T and 390.5, it qualifies for an exemption under §§ 390.3T(f)(6) and 390.3(f)(6), which applies to vehicles designed to carry between 9 and 15 passengers and not for direct compensation. The camp’s vehicles do not meet the alternative CMV definitions based on GVW or GVWR, and therefore, it only needs to comply with specific provisions in §§ 390.3T(f)(6) and 390.3(f)(6). The camp must also register for a USDOT number as per 49 CFR part 390 subpart E.
However, if the camp charges a specific fee for transportation, it receives direct compensation, meaning the camp would not be eligible for the exception and would have to follow all applicable regulations in 49 CFR parts 350–399, including motor carrier registration under § 390.201. In this case, the drivers of 15-passenger vans are not required to hold a CDL since the vehicles have a GVW and GVWR below 10,001 pounds, and these vans are not classified as CMVs under § 383.5. Though CDLs are not required, drivers must undergo medical exams and certification according to §§ 391.41, 391.43, and 391.45, and follow other driver qualification requirements under part 391, as these vehicles are still considered CMVs under §§ 390.5T and 390.5.
Even though the camp is engaged in for-hire interstate transportation, it is exempt from the operating authority registration requirement under 49 U.S.C. 13506(a)(16), which applies to youth or family camps providing recreational or educational services. However, as an interstate for-hire carrier compensated indirectly via camp fees, the camp must maintain $1.5 million in financial responsibility as specified in §§ 387.33T and 387.33. Evidence of financial responsibility does not need to be filed with FMCSA.
[87 FR 68372, Nov. 15, 2022]
Appendix B to Part 390—Special Agents
Cautionary Note:
This appendix pertains solely to federal authority for enforcing the regulations within this subchapter. As it stands, it does not apply to the States and should not be included in any state adoption of these regulations as part of the eligibility criteria for grants under part 350 of this chapter.
- Authority
Individuals designated as special agents of the Federal Motor Carrier Safety Administration (FMCSA) are authorized to enter, inspect, and examine the premises, buildings, and equipment of motor carriers and other entities governed by the Interstate Commerce Act, the Department of Transportation Act, and other related statutes. They are also permitted to inspect and copy any records, books, accounts, memoranda, correspondence, and other documents associated with these carriers and entities. - Compliance
Motor carriers and entities subject to these laws must provide access to their accounts, books, records, memoranda, correspondence, and documents for inspection and copying. Additionally, they must allow the inspection and examination of their lands, buildings, and equipment upon request from a special agent. Special agents must display their FMCSA credentials, either in person or in writing, to identify themselves. - Definition of Special Agent
Special agents are employees of the Federal Motor Carrier Safety Administration, identified by credentials issued by FMCSA. These credentials authorize them to enforce 42 U.S.C. 4917 and exercise powers granted to the Secretary of Transportation under 49 U.S.C. 113, chapters 5, 51, 57, 131–149, 311, 313, and 315, as well as other statutes delegated to FMCSA under 49 CFR 1.87. Special agents are empowered to inspect and copy records and to inspect and examine lands, buildings, and equipment as outlined by law. - Facsimile of the Administration Credential
United States of America
Department of Transportation
Federal Motor Carrier Safety Administration
This certifies that ____________ (name), whose photograph and signature appear hereon, is accredited as ____________ (title) with authority to inspect and examine lands, buildings, and equipment, and to inspect and copy records and documents of carriers and other persons, in carrying out his/her duties under the Department of Transportation Act, related acts, and regulations of the Department.
By direction of the Secretary
(Certifying Authority) (Bearer)
(49 U.S.C. 504, 5121, 14122, 31502, 31503; 49 CFR 1.87)
Qualifications Of Drivers And Longer Combination Vehicle Instructions
Subpart A—General
- 391.1 Scope of the Rules; Additional Qualifications; Duties of Carrier-Drivers.
(a) This section outlines the minimum qualifications required for individuals who operate commercial motor vehicles on behalf of motor carriers. It also specifies the responsibilities of motor carriers to ensure their drivers meet these qualifications.
(b) If an individual functions as both a motor carrier and a driver employed by that motor carrier, they must comply with all applicable rules for both roles under this section.
[Originally published on April 22, 1970, and amended on May 19, 1988; July 28, 1995; and October 1, 2015]
- 391.2 General Exceptions.
(a) Farm Custom Operations:
Drivers operating commercial motor vehicles for custom-harvesting activities are exempt from these rules, except for § 391.15(e) and (f), under the following conditions:
- Transporting farm machinery, supplies, or both, to or from a farm for custom-harvesting purposes.
- Transporting custom-harvested crops to storage facilities or markets.
(b) Beekeeping Industries:
Drivers engaged in the seasonal transport of bees using commercial motor vehicles controlled and operated by beekeepers are exempt from these rules, except for § 391.15(e) and (f).
(c) Certain Farm Vehicle Drivers:
Farm vehicle drivers are exempt from these rules, except for § 391.15(e) and (f), unless they operate articulated (combination) commercial motor vehicles as defined in § 390.5. Limited exemptions for such drivers are outlined in § 391.67.
(d) Covered Farm Vehicles:
Drivers of “covered farm vehicles,” as defined in § 390.5, are exempt from the physical qualifications and examinations requirements under Subpart E of this part.
(e) Pipeline Welding Trucks:
Drivers of “pipeline welding trucks,” as defined in § 390.38(b), are exempt from the rules in this section.
Subpart B—Driver Qualification and Disqualification
§ 391.11 General Driver Qualifications
(a) No individual may operate a commercial motor vehicle (CMV) without being qualified. Similarly, motor carriers must not allow or require a person to drive a CMV unless they meet the qualifications, except as outlined in § 391.63.
(b) To qualify as a CMV driver, except under subpart G, an individual must:
- Be at least 21 years old;
- Have sufficient proficiency in English to converse with the public, understand traffic signs/signals, respond to inquiries, and complete reports;
- Demonstrate the necessary skills and training to safely operate the specific CMV;
- Meet physical fitness requirements per subpart E;
- Hold a valid CMV operator’s license issued by a single state/jurisdiction;
- Not be disqualified under § 391.15;
- Pass a driver’s road test and possess a certificate of completion or present an accepted equivalent license or certificate under § 391.31 and § 391.33.
§ 391.13 Driver Responsibilities
Motor carriers must not allow a person to operate a CMV unless the driver can:
- Assess whether cargo, including passenger baggage, is properly loaded, distributed, and secured.
- Demonstrate knowledge of cargo securing methods and procedures.
§ 391.15 Driver Disqualification
(a) General Rule
Disqualified drivers must not operate CMVs, and motor carriers cannot employ them for CMV driving.
(b) Loss of Driving Privileges
- Drivers are disqualified during any period when their CMV license is revoked, suspended, or denied until the license is reinstated.
- Drivers must inform their employer of such disqualifications by the end of the next business day after receiving notification.
(c) Disqualification for Criminal and Other Offenses
- Drivers convicted of disqualifying offenses, as detailed below, are disqualified if the offense occurred on duty or while engaged in commercial transport.
- Disqualifying offenses include:
- Operating a CMV under the influence of alcohol (≥0.04 BAC or per state law) or refusing required testing.
- Driving under the influence of Schedule I controlled substances or amphetamines.
- Transporting, possessing, or misusing controlled substances on duty.
- Leaving the scene of a CMV accident.
- Felonies involving the use of a CMV.
- Disqualification periods:
- First offense: 1 year, reduced to 6 months if limited to controlled substance possession/transportation.
- Subsequent offenses: 3 years within a 3-year period.
(d) Violations of Out-of-Service Orders
- Drivers violating out-of-service orders face:
- First violation: 90 days to 1 year disqualification.
- Second violation (within 10 years): 1–5 years disqualification.
- Third or subsequent violation (within 10 years): 3–5 years disqualification.
- Hazardous materials/passenger CMVs: 180 days to 2 years for the first violation, 3–5 years for subsequent violations.
(e) Texting While Driving
- Drivers violating texting bans (§ 392.80(a)) are disqualified as follows:
- Second violation (in 3 years): 60 days.
- Third or subsequent violation (in 3 years): 120 days.
(f) Use of Hand-Held Mobile Phones
- Drivers violating hand-held mobile phone restrictions (§ 392.82(a)) face disqualification:
- Second violation (in 3 years): 60 days.
- Third or subsequent violation (in 3 years): 120 days.
Subpart C—Background and Character
- 391.21 Application for Employment
(a) Except as specified in Subpart G of this part, an individual is prohibited from driving a commercial motor vehicle unless they have completed and provided their employing motor carrier with an employment application that adheres to the requirements outlined in paragraph (b) of this section.
(b) The employment application must be prepared using a form supplied by the motor carrier. The form must be filled out and signed by the applicant and must include the following information:
- The name and address of the motor carrier employing the applicant.
- The applicant’s name, address, date of birth, and social security number.
- A record of all addresses where the applicant resided during the three years preceding the submission of the application.
- The date the application is completed and submitted.
- Details of the issuing driver’s licensing authority, license number, and expiration date for each unexpired commercial motor vehicle operator’s license or permit held by the applicant.
- A description of the applicant’s driving experience, including the types of motor vehicle equipment operated (e.g., buses, trucks, truck tractors, semitrailers, full trailers, and pole trailers).
- A list of motor vehicle accidents involving the applicant in the three years preceding the application date, specifying the date, nature of each accident, and any resulting fatalities or personal injuries.
- A record of all convictions for motor vehicle law violations (excluding parking violations) or bond/collateral forfeitures within the three years prior to the application date.
- A detailed account of any denial, revocation, or suspension of licenses, permits, or privileges to operate a motor vehicle, or a statement declaring that no such events have occurred.
- Names and addresses of the applicant’s employers over the past three years.
ii. Employment dates with each employer.
iii. Reasons for leaving each position.
iv. For employment after October 29, 2004:
A. Confirmation of whether the applicant was subject to the FMCSRs during employment.
B. Whether the job involved safety-sensitive functions in a DOT-regulated mode requiring compliance with alcohol and controlled substance testing under 49 CFR Part 40.
- For applicants seeking to drive commercial motor vehicles as defined by Part 383, a record of employer names and addresses from the seven years preceding the three-year period mentioned in (b)(10), including employment dates and reasons for leaving each position.
- A certification statement and signature line at the end of the application form, to be signed by the applicant, stating:
“This certifies that this application was completed by me, and that all entries on it and information in it are true and complete to the best of my knowledge.”
(Date)
(Applicant’s Signature)
(c) Motor carriers may require additional information from the applicant beyond what is specified in paragraph (b).
(d) Before submitting the application, the motor carrier must notify the applicant that the information provided in accordance with (b)(10) may be used to investigate their safety performance history, including contacting previous employers. Applicants must also be informed in writing about their due process rights under § 391.23(i) regarding information obtained through these investigations.
- 391.23: Investigations and Inquiries for Driver Employment
(a) Mandatory Investigations for New Drivers
Unless stated otherwise in Subpart G, motor carriers must conduct the following investigations for each driver they hire, except for those continuously employed since before January 1, 1971:
- License History Check: Within 30 days of employment, carriers must obtain the driver’s motor vehicle record (MVR) for the past three years from all states where the driver held a license.
- Safety Performance Review: Investigate the driver’s safety performance history with Department of Transportation (DOT)-regulated employers for the preceding three years.
(b) Retention of Motor Vehicle Records
A copy of the MVR(s) obtained must be placed in the driver’s qualification file within 30 days of employment and retained according to § 391.51. If no response is received from a licensing authority, the carrier must document a good faith effort to obtain the record.
(c) Driver Safety Performance Documentation
- Replies to safety performance investigations or proof of good faith efforts to obtain them must be kept in the driver’s investigation history file. The 30-day deadline for documentation does not include time needed for the driver to exercise their right to review or dispute records.
- Investigations may include interviews, calls, letters, or other suitable methods. Carriers must maintain written records of all efforts, including contact details and responses received.
- Carriers can report unresponsive employers to the FMCSA using § 386.12 procedures and must keep copies of such complaints in the driver’s investigation file.
- For drivers without prior DOT-regulated experience, document that no investigation was required within 30 days of employment.
(d) Information to be Investigated from Previous Employers
Carriers must request the following information for the past three years from previous employers who hired the driver to operate a commercial motor vehicle (CMV):
- Verification of employment and identification.
- Accident data from § 390.15(b)(1) for accidents involving the driver.
(e) Additional Investigations for DOT-Regulated Employment
For the past three years, carriers must investigate whether drivers:
- Violated DOT alcohol and drug regulations.
- Failed or completed a substance abuse rehabilitation program as per § 382.605 or 49 CFR Part 40, Subpart O.
- After January 6, 2023, carriers must consult the FMCSA’s Drug and Alcohol Clearinghouse for required information.
(f) Driver Consent for Information Release
Carriers must obtain written consent from drivers to access their safety and substance abuse histories. Refusal to consent disqualifies the driver from operating CMVs.
(g) Responsibilities of Previous Employers
Previous employers must respond to investigation requests within 30 days, confirm non-existent safety records if applicable, and take steps to ensure record accuracy.
(h) Confidentiality Requirements
Records must remain confidential and be shared only with authorized parties, excluding insurers except where specifically allowed.
(i) Driver Rights Regarding Investigation Data
Drivers must be informed of their rights to:
- Review safety performance data.
- Request corrections to inaccurate data.
- Add rebuttals to unresolved discrepancies.
(j) Driver Requests for Data Corrections or Rebuttals
- Drivers may request corrections directly from previous employers.
- Employers must respond within 15 days, either correcting or rejecting the request.
- Rebuttals submitted by drivers must be appended to their record and shared with future prospective employers.
§ 391.25 Annual Inquiry and Review of Driving Record
(a) Each motor carrier must, at least once every 12 months, request the driving record of every driver it employs. This inquiry should cover the previous 12 months and be made to the licensing authority where the driver held a commercial motor vehicle operator’s license or permit during that period. Exceptions are provided in subpart G of this part.
(b) Similarly, at least once every 12 months, each motor carrier must review the driving record of each employed driver to ensure the driver meets minimum safety standards or determine if they are disqualified under § 391.15.
- The review must include any evidence of violations of the Federal Motor Carrier Safety Regulations or Hazardous Materials Regulations (49 CFR Chapter I, Subchapter C).
- The motor carrier must assess the driver’s accident history and any traffic law violations. Special consideration should be given to serious offenses such as speeding, reckless driving, or operating under the influence of alcohol or drugs, as these indicate a disregard for public safety.
(c)
- A copy of the motor vehicle record obtained under paragraph (a) must be kept in the driver’s qualification file.
- Documentation of the review required under paragraph (b), including the name of the reviewer and the date of the review, must also be kept in the qualification file.
(Amended at various dates: 63 FR 33277, June 18, 1998; 73 FR 73127, Dec. 1, 2008; 87 FR 13209, Mar. 9, 2022; 87 FR 59036, Sept. 29, 2022.)
§ 391.27 [Reserved]
Subpart D—Tests
§ 391.31 Road Test
(a) Except as specified in subpart G, no individual may drive a commercial motor vehicle without first passing a road test and receiving a corresponding certificate of completion.
(b) The road test must be administered by the motor carrier or its designated representative. Drivers who are also motor carriers cannot test themselves and must be tested by another qualified individual. The examiner must be competent to assess the driver’s ability to operate the assigned vehicle and its equipment safely.
(c) The road test must comprehensively evaluate the driver’s skills using the specific type of vehicle and equipment they will operate. At a minimum, the test must assess the following:
- Pre-trip inspections as outlined in § 392.7;
- Coupling and uncoupling procedures for combination units, if applicable;
- Safe vehicle operation;
- Use of controls and emergency equipment;
- Traffic navigation and overtaking of other vehicles;
- Turning;
- Braking and deceleration (including methods other than braking);
- Backing and parking.
(d) The motor carrier must use a standardized road test form to document the driver’s performance in each area of evaluation. The examiner must complete and sign the form after administering the test.
(e) Upon successful completion of the road test, the examiner must issue a certificate of completion using the format specified in paragraph (f).
(f) Certification of Road Test
- Driver’s Name:
- Type of Power Unit: ____________
- Type of Trailer(s): ____________
- If Passenger Carrier, Type of Bus: ____________
- Certification:
“This certifies that the above-named driver successfully completed a road test under my supervision on ________, 20, covering approximately ______ miles of driving. It is my opinion that this driver possesses sufficient skill to safely operate the specified commercial motor vehicle.”
(Signature of Examiner)
(Title)
(Organization and Address of Examiner)
(g) A copy of the road test certificate must be provided to the driver. The motor carrier must retain the following in the driver’s qualification file:
- The original signed road test form; and
- The original or a copy of the road test certificate.
(h) The information collection requirements of this section comply with the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.) and are assigned OMB control number 2126-0072.
§ 391.33 Equivalent to Road Test
(a) In lieu of the road test required under § 391.31, an individual seeking to drive a commercial motor vehicle may provide, and a motor carrier may accept, one of the following as an equivalent:
- Valid Commercial Driver’s License (CDL):
- The driver presents a valid CDL as defined in § 383.5 of this subchapter.
- The CDL must not include double/triple trailer or tank vehicle endorsements.
- It must authorize the operation of specific categories of commercial motor vehicles.
- The license must have been issued by a state that requires passing a road test in the same type of commercial motor vehicle the motor carrier intends to assign.
- Valid Certificate of Road Test:
- The driver provides a copy of a valid certificate of road test issued under § 391.31 within the last three years.
(b) If a motor carrier accepts a license or certificate as an equivalent to the road test, it must retain a legible copy of the document in the driver’s qualification file.
(c) A motor carrier may still require a driver who presents a license or certificate to complete a road test or any other evaluation of their driving skills as a condition of employment.
Here is a rewritten version of the text for improved clarity and readability while retaining the original meaning and structure:
Subpart E — Physical Qualifications and Examinations
§ 391.41 Physical Qualifications for Drivers
(a) General Requirements
- Medical Certification Requirement
- A person may not operate a commercial motor vehicle (CMV) unless they are medically certified as physically qualified.
- Except as outlined in paragraph (a)(2), drivers must carry the original or a copy of a current medical examiner’s certificate confirming their physical qualifications while on duty.
- Note:
- As of December 29, 1991, and updated on January 19, 2017, the Licencia Federal de Conductor issued by Mexico is recognized as proof of medical fitness.
- A Reciprocity Agreement between the United States and Canada (effective March 30, 1999) allows Canadian drivers with valid commercial driver’s licenses to operate CMVs without carrying a medical examiner’s certificate, provided their license and medical status can be electronically verified.
- Drivers with medical authorizations that deviate from mutually accepted standards are not qualified to operate CMVs in other participating countries.
- Drivers with a medical variance from FMCSA (e.g., an exemption letter or skill performance evaluation certificate) must carry documentation of the variance while on duty.
- CDL/CLP Exceptions
- January 30, 2015 – June 22, 2025: Drivers with commercial driver’s licenses (CDLs) who submit their medical examiner’s certificates to the State under § 383.71(h) are not required to carry the certificate or a copy after 15 days from issuance.
- On or after June 23, 2025: CDL and commercial learner’s permit (CLP) holders who meet physical qualification requirements no longer need to carry their medical examiner’s certificates while on duty.
- Drivers with medical variances from FMCSA must always carry the variance documentation.
- In case of conflicts between FMCSA electronic medical certification and a paper certificate, the electronic record prevails.
- Physical Qualification Standards
A person is physically qualified to drive a CMV if:- They meet the physical qualification standards outlined in paragraph (b).
- They have received a medical variance and comply with the examination requirements in § 391.43.
(b) Physical Qualification Standards
A person is physically qualified to drive a CMV if they meet the following criteria:
- Limb Functionality
- No loss of a foot, leg, hand, or arm, unless granted a skill performance evaluation certificate under § 391.49.
- No impairment or defect that interferes with normal operation of a CMV.
- Medical Conditions
- No medical history or diagnosis of:
- Diabetes treated with insulin, unless compliant with § 391.46.
- Cardiovascular conditions like myocardial infarction or congestive heart failure.
- Respiratory dysfunction affecting driving ability.
- High blood pressure is likely to interfere with safe CMV operation.
- Neuromuscular, vascular, or orthopedic diseases impairing control of a CMV.
- Epilepsy or conditions causing loss of consciousness or control.
- Mental or psychiatric disorders interfering with safe operation.
- No medical history or diagnosis of:
- Vision Requirements
- Minimum visual acuity of 20/40 (Snellen) in each eye with or without corrective lenses.
- Horizontal field of vision of at least 70° in each eye.
- Ability to recognize traffic signal colors.
- Hearing Ability
- Detect a forced whispered voice at 5 feet (with or without a hearing aid) or meet audiometric standards (40 dB hearing loss maximum at specific frequencies).
- Substance Use
- No use of drugs listed in 21 CFR 1308.11 (Schedule I), amphetamines, narcotics, or habit-forming substances unless prescribed by a licensed medical practitioner who determines it does not impair driving.
- Alcohol Dependency
- No current clinical diagnosis of alcoholism.
§ 391.43 Medical Examination; Certificate of Physical Examination
(a) The medical examination must be conducted by a medical examiner listed in the National Registry of Certified Medical Examiners under subpart D of part 390, except as specified in paragraph (b).
(b) Exceptions:
- A licensed ophthalmologist or optometrist may evaluate the driver’s visual acuity, field of vision, and color recognition as outlined in § 391.41(b)(10).
- Certified VA medical examiners are limited to examining veteran operators.
(c) Medical Examiners’ Responsibilities:
- Medical examiners must be knowledgeable about the physical and mental requirements of operating a commercial motor vehicle, as well as FMCSA’s medical advisory criteria to make qualification determinations.
- They must be proficient in and utilize appropriate medical protocols to perform the required examination.
(d) Drivers authorized to operate a commercial motor vehicle within an exempt intracity zone under § 391.62 must provide the medical examiner with documentation of the medical findings that supported the issuance of their original medical certificate.
(e) [Reserved]
(f) The medical examination and results must be documented on the Medical Examination Report Form, MCSA-5875.
§ 391.43(g) Medical Examination Completion and Certification
(1) Upon completing the medical examination, the medical examiner must:
- Date and sign the Medical Examination Report.
- Provide their full name, office address, and telephone number on the Report.
(2) Certification Requirements:
- Before June 23, 2025: If the individual is physically qualified under § 391.41(b), the medical examiner must:
- Complete the certification form described in paragraph (h).
- Provide the original to the individual examined and a copy to a prospective or current employing motor carrier upon request.
- On or after June 23, 2025:
- For drivers not requiring a commercial driver’s license (CDL) or learner’s permit, the same process applies if the individual is physically qualified.
- If the individual is not physically qualified, the examiner must:
- Inform the individual that they are not qualified.
- Report this status to FMCSA.
- Invalidate all previously issued medical certificates, which will no longer satisfy § 391.41(a).
(3) Delayed Determination (Effective December 22, 2015):
If further information or examination is needed to determine qualification under § 391.41(b):
- The medical examiner must inform the individual that they have 45 days to provide the additional information or complete further testing.
- This pending status will be reported to FMCSA.
(4) Electronic Transmission of Examination Results:
- May 21, 2014, to June 22, 2018: Medical examiners must transmit a completed CMV Driver Medical Examination Results Form (MCSA-5850) for examinations conducted during the prior month via the National Registry’s secure web account.
- Beginning June 22, 2018:
- Results must be transmitted electronically by midnight of the next calendar day after completing the examination, via an FMCSA-designated website.
- The Form must include details of all examinations conducted and any State-required variations.
- If no examinations are conducted in a given calendar month (from June 22, 2015):
- Medical examiners must report this to FMCSA via the designated website by the last business day of the month.
(5) Medical Examiner’s Certificate:
The certificate must be completed as outlined in Form MCSA-5876.
(6) The original completed Medical Examination Report (whether paper or electronic) and a copy or electronic version of each medical examiner’s certificate must be retained in the medical examiner’s office for a minimum of 3 years from the date of the examination. The medical examiner is required to make all records and information in these files accessible to an authorized representative of FMCSA, or any authorized Federal, State, or local enforcement agency representative, within 48 hours of the request.
- 391.44 Physical qualification standards for individuals who do not meet the distant visual acuity standard with corrective lenses or the field of vision standard, or both, in their worse eye.
(a) General. An individual who does not meet the distant visual acuity standard with corrective lenses or the field of vision standard, or both, in their worse eye as outlined in § 391.41(b)(10)(i) is physically qualified to operate a commercial motor vehicle in interstate commerce if:
(1) The individual meets the other physical qualification standards in § 391.41 or holds an exemption or skill performance evaluation certificate, if required; and
(2) The individual has completed the vision evaluation required in paragraph (b) of this section and the medical examination required in paragraph (c) of this section.
(b) Evaluation by an ophthalmologist or optometrist. Before the examination required by § 391.45 or before the expiration of a medical examiner’s certificate, the individual must be evaluated by a licensed ophthalmologist or optometrist.
(1) During the evaluation, the ophthalmologist or optometrist must complete the Vision Evaluation Report, Form MCSA-5871.
(2) After completing the Vision Evaluation Report, Form MCSA-5871, the ophthalmologist or optometrist must sign, date the Report, and provide their full name, office address, and telephone number on the Report.
(c) Examination by a medical examiner. Annually, an individual who does not meet the distant visual acuity standard with corrective lenses or the field of vision standard, or both, in their worse eye as outlined in § 391.41(b)(10)(i) must undergo a medical examination and be certified by a medical examiner as physically qualified to operate a commercial motor vehicle in accordance with § 391.43. The examination must begin no more than 45 days after the ophthalmologist or optometrist signs and dates the Vision Evaluation Report, Form MCSA-5871.
(1) The medical examiner must receive a completed and signed Vision Evaluation Report, Form MCSA-5871, from an ophthalmologist or optometrist for each required examination. This Report must be treated and retained as part of the Medical Examination Report Form, MCSA-5875.
(2) The medical examiner must assess whether the individual meets the physical qualification standards in § 391.41 to operate a commercial motor vehicle. In making this determination, the medical examiner must review the Vision Evaluation Report, Form MCSA-5871, signed by an ophthalmologist or optometrist, and apply the following standards using their medical judgment:
(i) The individual is not physically qualified to operate a commercial motor vehicle if the distant visual acuity in the better eye is less than 20/40 (Snellen), with or without corrective lenses, and the field of vision is less than 70° in the horizontal meridian.
(ii) The individual is not physically qualified to operate a commercial motor vehicle if they are unable to recognize the colors of traffic signals and devices showing standard red, green, and amber.
(iii) The individual is not physically qualified to operate a commercial motor vehicle if their vision deficiency is unstable.
(iv) The individual is not physically qualified to operate a commercial motor vehicle if insufficient time has passed since their vision deficiency became stable, preventing the individual from adapting to the change.
(d) Road test.
(1) Except as specified in paragraphs (d)(3), (4), and (5) of this section, an individual physically qualified under this section for the first time must not drive a commercial motor vehicle until they have successfully completed a road test following physical qualification and been issued a certificate of driver’s road test in accordance with § 391.31. The individual must notify the motor carrier responsible for the road test under § 391.31(b) that a road test is required by paragraph (d) of this section. The motor carrier must conduct the road test in accordance with § 391.31(b) through (g).
(2) For road tests required under paragraph (d)(1) of this section, the provisions of § 391.33 regarding equivalent road tests do not apply. If the individual successfully completes the road test and is issued a certificate of driver’s road test under § 391.31, any otherwise applicable provisions of § 391.33 will apply thereafter.
(3) An individual physically qualified under this section for the first time is not required to complete a road test if the motor carrier determines the individual held a valid commercial driver’s license or non-commercial driver’s license to operate a commercial motor vehicle in intrastate or interstate commerce (excepted under § 390.3T(f) or § 391.2) with the vision deficiency during the 3-year period prior to physical qualification under this section.
(i) The individual must certify in writing to the motor carrier the date when the vision deficiency began.
(ii) If the motor carrier confirms the individual held a valid commercial or non-commercial driver’s license and operated a commercial motor vehicle with the vision deficiency, the motor carrier must:
(A) Prepare a written statement affirming that the individual met these criteria and is not required to take a road test;
(B) Provide the individual with a copy of the written statement;
(C) Retain a copy of the written statement and the individual’s certification in the driver’s qualification file.
(4) An individual physically qualified under this section for the first time is not required to complete a road test if they held a valid exemption from the vision standard in § 391.41(b)(10)(i) on March 22, 2022, issued by FMCSA under 49 CFR part 381.
(5) An individual physically qualified under this section for the first time is not required to complete a road test if they were medically certified on March 22, 2022, under § 391.64(b) for drivers who participated in a prior vision waiver study program.
- 391.45 Persons Who Must Be Medically Examined and Certified
The following individuals are required to undergo a medical examination and certification in accordance with § 391.43 to ensure they are physically qualified to operate a commercial motor vehicle:
(a) Any individual who has not been medically examined and certified as physically qualified to operate a commercial motor vehicle.
(b) Any driver who has not undergone a medical examination and been certified as qualified to operate a commercial motor vehicle in the past 24 months, unless the driver is subject to the requirements outlined in paragraphs (c), (d), (e), (f), (g), or (h) of this section.
(c) Any driver authorized to operate a commercial motor vehicle exclusively within an exempt intracity zone under § 391.62, provided the driver has not been medically examined and certified for operation within such a zone in the past 12 months.
(d) [Reserved]
(e) Any driver with diabetes mellitus who requires insulin for management and who has obtained a medical examiner’s certificate under the standards in § 391.46, provided the driver’s most recent medical examination and certification did not occur within the past 12 months.
(f) Any driver who fails to meet the distant visual acuity or field of vision standards for the worse eye with corrective lenses, or both, as specified in § 391.41(b)(10)(i), and who has obtained a medical examiner’s certificate under the standards in § 391.44, provided the driver’s most recent medical examination and certification did not occur within the past 12 months.
(g) Any driver whose ability to perform normal duties has been impaired by a physical or mental injury or disease.
(h) On or after June 23, 2025, any individual determined by a medical examiner to be physically unqualified to operate a commercial motor vehicle under the provisions of paragraph (g)(3) of § 391.43.
- 391.46 Physical Qualification Standards for Individuals with Diabetes Mellitus Treated with Insulin
(a) Diabetes Mellitus Treated with Insulin
An individual with diabetes mellitus treated with insulin for control is physically qualified to operate a commercial motor vehicle provided:
(1) The individual meets all physical qualification standards in § 391.41 or holds an exemption or skill performance evaluation certificate, if required; and
(2) The individual has undergone the evaluation outlined in paragraph (b) and the medical examination required in paragraph (c) of this section.
(b) Evaluation by the Treating Clinician
Before the examination required by § 391.45 or before the expiration of a medical examiner’s certificate, the individual must be evaluated by their “treating clinician.” For the purpose of this section, a “treating clinician” refers to a healthcare professional authorized by the state licensing authority to manage and prescribe insulin for the treatment of the individual’s diabetes mellitus.
(1) During the evaluation, the treating clinician must complete the Insulin-Treated Diabetes Mellitus Assessment Form (MCSA-5870).
(2) Once the Insulin-Treated Diabetes Mellitus Assessment Form is completed, the treating clinician must sign and date the form, providing their full name, office address, and contact number.
(c) Medical Examiner’s Examination
At least annually, but no later than 45 days after the treating clinician signs the Insulin-Treated Diabetes Mellitus Assessment Form (MCSA-5870), the individual must be examined by a medical examiner to ensure they are physically qualified under § 391.43 and free from any complications of diabetes mellitus that might impair their ability to operate a commercial motor vehicle safely.
(1) The medical examiner must receive a completed, signed, and dated Insulin-Treated Diabetes Mellitus Assessment Form (MCSA-5870) from the treating clinician for each required examination. This form will be treated as part of the Medical Examination Report Form (MCSA-5875).
(2) The medical examiner must assess whether the individual meets the physical qualification standards in § 391.41 to operate a commercial motor vehicle. In making this determination, the medical examiner must consider the information in the completed Insulin-Treated Diabetes Mellitus Assessment Form and apply the following qualifications, using independent medical judgment:
(i) The individual is not physically qualified if they are not maintaining a stable insulin regimen and are not properly controlling their diabetes mellitus.
(ii) The individual is not physically qualified on a permanent basis if they have severe non-proliferative diabetic retinopathy or proliferative diabetic retinopathy.
(iii) The individual is not physically qualified to operate a commercial motor vehicle for the maximum 12-month period under § 391.45(e) unless they provide at least the preceding three months of electronic blood glucose self-monitoring records, generated according to paragraph (d).
(iv) The individual must provide at least the preceding three months of electronic blood glucose self-monitoring records for certification. If the records are provided and the treating clinician completes a new Insulin-Treated Diabetes Mellitus Assessment Form, the medical examiner may issue a certificate valid for up to the full 12-month period as outlined in § 391.45(e) and paragraph (c)(2)(iii).
(d) Blood Glucose Self-Monitoring Records
Individuals with diabetes mellitus treated with insulin must self-monitor their blood glucose as per the treatment plan prescribed by the treating clinician. Blood glucose records must be maintained using an electronic glucometer that stores all readings, including date and time, and allows data to be downloaded electronically. A printout of these records or the glucometer data must be provided to the treating clinician during each evaluation.
(e) Severe Hypoglycemic Episodes
(1) An individual who experiences a severe hypoglycemic episode after being certified as physically qualified is prohibited from operating a commercial motor vehicle. The individual must report the episode to their treating clinician and undergo evaluation as soon as possible. A severe hypoglycemic episode is defined as one requiring assistance from others or resulting in loss of consciousness, seizure, or coma. The prohibition on operating a commercial motor vehicle remains in effect until the treating clinician:
(i) Determines the cause of the episode has been addressed;
(ii) Confirms the individual is maintaining a stable insulin regimen and proper control of their diabetes; and
(iii) Completes a new Insulin-Treated Diabetes Mellitus Assessment Form (MCSA-5870).
(2) The individual must retain this form and provide it to the medical examiner at their next medical examination.
§ 391.47 Resolution of Medical Evaluation Conflicts
(a) Application for Medical Qualifications
Applications for determining a driver’s medical qualifications will only be accepted if they meet the following requirements:
(b) Content Requirements for Applications
To be considered, applications must include:
- Basic Information: The name and address of the driver, motor carrier, and all medical examiners or specialists involved.
- Proof of Disagreement: Evidence of a disagreement between the driver’s medical examiner and the motor carrier’s medical examiner regarding the driver’s qualifications.
- Impartial Medical Specialist Opinion: A report from an impartial medical specialist in the relevant field who has conducted tests. This specialist must be agreed upon by both the driver and motor carrier.
- If the driver refuses to agree to a specialist, and the motor carrier is the applicant, the carrier must submit a statement confirming their agreement to an impartial specialist, proof of the request to the driver, and the driver’s response.
- If the motor carrier refuses to agree to a specialist, the driver must submit an opinion and test results from an impartial medical specialist, proof of their request for the motor carrier’s agreement, and the motor carrier’s response.
- Explanation of Unacceptability: A statement explaining why the opinion of the identified medical specialist is unacceptable.
- Medical History and Work Details: Proof that the medical specialist received the driver’s medical history and an agreed description of the driver’s job duties before making a determination.
- Supporting Documents: The application must include the medical history, work details, and statements from all involved medical professionals.
- Written Evidence: A description and copies of all written and documentary evidence supporting the application, as required by 49 CFR 386.37.
- Interstate Commerce Statement: The driver must confirm their intent to drive in interstate commerce or the motor carrier must state the driver will be used for such work.
- Copies of the Application: Three copies of the application and supporting records.
(c) Additional Information Request
FMCSA may request more information if they cannot make a decision based on the evidence provided. If the applicant fails to submit the requested information, FMCSA may reject the application.
(d) FMCSA Action on Applications
- Notice of Acceptance: Once FMCSA accepts the application, they will notify the involved parties (driver, motor carrier, or other stakeholders) and attach all received evidence to the notice.
- Reply to Notification: Parties may submit a reply within 15 days, along with all evidence they wish FMCSA to consider in the decision-making process.
- Parties Involved: A party refers to the motor carrier, driver, or anyone else submitting an application.
(e) Petition to Review
The driver or motor carrier can petition to review FMCSA’s decision. The petition must be submitted according to § 386.13(a) and the burden of proof lies with the petitioner.
(f) Driver Status During Review
Once the application is submitted, the driver is deemed disqualified until FMCSA makes a final determination or orders otherwise.
- 391.49 – Alternative Physical Qualification Standards for Limb Loss or Impairment
(a) General Rule:
A person disqualified under § 391.41(b)(1) or (2) due to limb impairment may still drive a commercial vehicle if they receive an SPE Certificate from FMCSA.
(b) Application Process:
- Joint Application: A letter of application can be submitted jointly by the driver and the motor carrier employing the driver.
- Unilateral Application: Alternatively, a driver can apply on their own, addressing the FMCSA service center in their state of residence.
(c) Contents of Application:
The application must include:
- Identification: Name and address of the motor carrier (if applicable), the driver, and the DOT number.
- Description of Limitation: Details about the driver’s limb impairment.
- Employment Details: Including states of operation, job tasks, and vehicle specifications.
- Qualification Cert: Certification from the motor carrier or the driver that all other qualifications are met.
(d) Additional Documents Required:
- Medical Examination Reports: Including MCSA-5875 and MCSA-5876 forms.
- Medical Evaluation Summary: From a physiatrist or orthopedic surgeon assessing the driver’s ability to operate a vehicle and use any prosthetic devices.
- Road Test Results: Documenting the driver’s ability to operate the vehicle with the necessary equipment.
(e) Responsibilities of the Motor Carrier:
If employing a driver with an SPE certificate, the motor carrier must:
- Submit incident reports to FMCSA.
- Evaluate the driver’s ability to perform safety-related tasks.
- Ensure the driver adheres to the SPE certificate’s terms.
(f) Driver Responsibilities:
Drivers must provide each motor carrier with a copy of their SPE certificate.
(g) Evaluation by FMCSA:
FMCSA may require the driver to demonstrate their ability to operate the vehicle as part of the SPE certification.
(h) Certificate Approval and Renewal:
FMCSA may approve or deny the application. The SPE certificate is valid for up to 2 years, and can be renewed with the necessary documentation.
(i) Renewal Process:
For certificate renewal, the driver or motor carrier must submit:
- Updated records, including medical examinations and driving history.
- A declaration of any changes in the vehicle or job tasks.
(j) Notification and Recordkeeping:
(1) FMCSA will notify the driver and motor carrier of the certificate’s terms. The motor carrier must keep a copy of the SPE certificate for 3 years after employment ends.
(2) Upon successful completion of the Skill Performance Evaluation (SPE), the FMCSA will notify the driver via letter and provide an SPE certificate. The certificate will be in the following format:
Skill Performance Evaluation Certificate
- Issuing Agency Name:
- Agency Address:
- Phone Number: ( )
- Issued under 49 CFR 391.49, Subchapter B of the Federal Motor Carrier Safety Regulations
Driver Information:
- Name of Driver:
- Effective Date:
- Social Security Number (SSN):
- Date of Birth (DOB):
- Expiration Date:
- Address:
- Driver Disability:
- New
- Renewal
- Driver’s License: (State) (Number)
In accordance with 49 CFR 391.49, Subchapter B of the Federal Motor Carrier Safety Regulations (FMCSRs), the driver’s application for an SPE certificate is hereby approved, authorizing the above-named driver to operate in interstate or foreign commerce under the conditions listed below. This certificate is valid for the period shown above, up to a maximum of 2 years, and is subject to periodic review if necessary. Renewal of this certificate requires submission of a renewal application. Continuation of this certificate depends on the driver’s strict compliance with the FMCSRs. Any non-compliance may result in cancellation.
Conditions:
- Reports of accidents, arrests, suspensions, revocations, driver license withdrawals, or convictions involving the named driver must be submitted by the employing motor carrier to the Issuing Agency in writing within 30 days of occurrence.
Limitations:
- Vehicle Type (power unit):
- Vehicle Modifications:
- Prosthetic/Orthotic Devices Required for Driving:
- Additional Provisions:
Notice:
Motor carriers employing a driver with an SPE certificate are responsible for evaluating the driver through a road test using the trailer types the carrier intends for the driver to operate. If applicable, this evaluation may be based on the road test completed during the SPE, provided the trailer types are similar. Motor carriers must also evaluate the driver for other safety-related non-driving tasks associated with the trailer types used, as well as other job-specific safety tasks unique to the carrier’s operations.
The SPE for the driver above was conducted by an authorized SPE evaluator. The evaluation was completed using the listed power unit and (if applicable) the corresponding trailer.
The vehicle used for evaluation had a ________ transmission.
Please review the Notice section above.
Evaluator Information:
- Name:
- Signature:
- Title:
- Date:
FMCSA may revoke the SPE certificate after providing notice to the certificate holder and allowing a reasonable opportunity for appeal.
Warning:
It is prohibited for either the applicant or the motor carrier to falsify any information in the application or in the information required under this section.
Subpart F—Files and Records
- 391.51 Driver Qualification Files—General Requirements
(a) Each motor carrier is required to maintain a driver qualification file for every driver it employs. This file may be integrated with the driver’s personnel file.
(b) The driver qualification file must include the following documents and records:
(1) The completed driver’s application for employment, in compliance with § 391.21.
(2) A copy of the driver’s motor vehicle record (MVR) obtained from each applicable licensing authority, as required under § 391.23(a)(1).
(3) One of the following, as applicable:
- The certificate of the driver’s road test as specified under § 391.31(e);
- A copy of the license or certificate accepted by the motor carrier as an equivalent to the road test, as permitted under § 391.33; or
- The original written statement demonstrating that the driver is exempt from completing a road test under § 391.44(d)(3)(ii)(A), along with the certification required under § 391.44(d)(3)(i).
(4) A copy of the motor vehicle record obtained annually from the licensing authority, as mandated by § 391.25(a).
(5) A record of the driver’s annual driving record review, as stipulated under § 391.25(c)(2).
(6) Medical certification documents, as follows:
- (i) A current medical examiner’s certificate, as required under § 391.43(g), or a legible copy of that certificate.
- (ii) For drivers holding a Commercial Driver’s License (CDL), beginning January 30, 2012, if the medical certification status is included on the CDLIS motor vehicle record, the motor carrier must fulfill this requirement by obtaining the CDLIS record (defined in § 384.105 of this chapter) from the state of issuance. After January 30, 2015, CDL holders without medical certification status on the CDLIS record are classified as “not certified” for interstate operation. Between January 30, 2015, and June 22, 2025, motor carriers may accept a driver’s medical examiner’s certificate submitted to the state as proof of medical certification, provided it is used within 15 days of issuance.
- (iii) For drivers who obtain medical certification based on an FMCSA medical variance, a copy of the variance documentation must also be included in accordance with paragraph (b)(7) of this section.
(7) A copy of the driver’s Skill Performance Evaluation (SPE) Certificate issued under § 391.49, or a Medical Exemption document issued through a Federal medical program in compliance with part 381 of this chapter.
(8) Notes verifying the medical examiner’s listing on the National Registry of Certified Medical Examiners, as applicable:
- (i) For drivers not required to hold a CDL, the verification note required under § 391.23(m)(1).
- (ii) Through June 22, 2025, for CDL drivers, the verification note required under § 391.23(m)(2).
(c) Unless specified otherwise in paragraph (d) of this section, all documents in the driver qualification file must be retained for the duration of the driver’s employment with the motor carrier and for a period of three years after employment ends.
(d) The following records may be removed from the driver qualification file three years after their execution date:
(1) The annual motor vehicle record received from the licensing authority, as required by § 391.25(a).
(2) The record of the annual driving record review required under § 391.25(c)(2).
(3) The medical examiner’s certificate, a legible copy of the certificate, or for CDL drivers, the CDLIS motor vehicle record obtained as specified in paragraph (b)(6)(ii) of this section.
(4) Any medical variance issued by FMCSA, including the Skill Performance Evaluation Certificate under § 391.49, or a Medical Exemption document issued under part 381 of this chapter.
(5) The note verifying the medical examiner’s listing on the National Registry of Certified Medical Examiners, as required by § 391.23(m).
- 391.53 Driver Investigation History File
(a) Motor carriers are required to maintain records related to the investigation of a new or prospective driver’s safety performance history, as outlined in § 391.23(d) and (e). These records must be kept in a secure location with restricted access.
(1) Access to the information must be limited to personnel directly involved in the hiring process or those responsible for controlling access to these records. The motor carrier’s insurer may also be permitted access to the records, except for data concerning alcohol or controlled substances.
(2) The records may only be used to support decisions during the hiring process.
(b) The investigation history file must include the following:
(1) A copy of the driver’s written consent authorizing the motor carrier to obtain information regarding the driver’s alcohol and controlled substance history, as specified under § 391.23(f)(1).
(2) Documentation of the responses received during the investigations required under § 391.23(d) and (e) from all previous employers. If a response could not be obtained, evidence of the motor carrier’s good faith attempts to contact prior employers must be included. Each record must provide:
- The name and address of the previous employer,
- The date contact was attempted,
- Details of any information received from the previous employer.
If a previous employer fails to respond or declines to provide the required information, this must be documented as part of the file.
(c) For any driver who is hired, the safety performance history obtained from previous employers must be retained for the duration of the driver’s employment and for an additional three years following termination of employment.
(d) Upon request, motor carriers must make all records and information contained in this file available to the following authorized entities within the specified time frame:
- An authorized representative or special agent of the Federal Motor Carrier Safety Administration (FMCSA),
- State or local enforcement agency representatives,
- An authorized third party conducting an inquiry.
- 391.55 LCV Driver-Instructor Qualification Files
(a) Motor carriers are required to maintain a qualification file for every LCV driver-instructor they employ or utilize. This file may be integrated with the individual’s personnel file.
(b) The LCV driver-instructor qualification file must include the following documentation:
- (1) For both skills and classroom instructors: Documentation demonstrating that the instructor satisfies the requirements outlined in 49 CFR 380.301 or 380.303.
- (2) For skills instructors only: A copy of the instructor’s valid commercial driver’s license (CDL) with the necessary endorsements.
Subpart G—Limited Exemptions
- 391.61 Drivers Employed Continuously Before January 1, 1971
The requirements set forth in §§ 391.21 (concerning employment applications), 391.23 (concerning background investigations and inquiries), and 391.31 (concerning road testing) do not apply to a driver who has served as a single-employer driver, as defined in § 390.5 of this subchapter, for a motor carrier without interruption since before January 1, 1971. This exemption remains valid as long as the driver continues their status as a single-employer driver for that same motor carrier.
- 391.62 Limited Exemptions for Intracity Zone Drivers
The requirements outlined in §§ 391.11(b)(1) and 391.41(b)(1) through (b)(11) do not apply to individuals who:
(a) Were qualified to operate and actively operated a commercial motor vehicle within a municipality or an exempt intracity zone for the entire one-year period ending on November 18, 1988;
(b) Fulfill all other conditions specified in this section;
(c) Operate exclusively within the exempt intracity zone, as defined in 49 CFR 390.5;
(d) Do not drive vehicles transporting hazardous materials in quantities that require placarding under regulations issued by the Secretary under 49 U.S.C. chapter 51; and
(e) Have a medical or physical condition that:
(1) Would have disqualified the individual from operating a commercial motor vehicle under the Federal Motor Carrier Safety Regulations outlined in this subchapter;
(2) Existed as of July 1, 1988, or at the time of their first required physical examination following that date; and
(3) Has been evaluated by a qualified physician, who determined that the condition has not significantly worsened since July 1, 1988, or since the first required physical examination after that date.
- 391.63 Multiple-Employer Drivers
(a) When a motor carrier hires an individual as a multiple-employer driver (as defined in § 390.5 of this subchapter), the motor carrier must adhere to all the requirements of this part, except that the motor carrier is not required to—
(1) Obtain an employment application from the driver as outlined in § 391.21;
(2) Conduct the investigations and inquiries specified in § 391.23 regarding the driver;
(3) Complete the annual inquiry into the driver’s motor vehicle record as required under § 391.25(a); or
(4) Conduct the annual review of the driver’s motor vehicle record in accordance with § 391.25(b).
(b) Prior to allowing a multiple-employer driver to operate a commercial motor vehicle, the motor carrier must collect the following information: the driver’s full name, social security number, and details of the driver’s commercial motor vehicle operator’s license, including the license identification number, type, and issuing authority. The motor carrier must retain this information for a period of three years following the termination of the driver’s employment.
- 391.64 Grandfathering Provisions for Drivers in Vision Waiver Study Programs
(a) [Reserved]
(b) Until March 22, 2023, the requirements of § 391.41(b)(10) do not apply to drivers who were active participants in good standing as of March 31, 1996, in a waiver study program related to commercial vehicle operation by individuals with vision impairment in one eye, provided that:
(1) The driver undergoes an annual physical examination, which must include an evaluation by an ophthalmologist or optometrist confirming that:
(i) The driver meets all other qualifications under § 391.41; and
(ii) The vision in the driver’s better eye remains at least 20/40 (Snellen).
(2) The driver submits the ophthalmologist’s or optometrist’s report to the medical examiner during the required annual physical examination.
(3) The driver provides the employer with a copy of the annual medical certification, which must be retained in the driver’s qualification file. Additionally, the driver must carry a copy of the certification while operating a commercial motor vehicle for inspection by authorized federal, state, or local enforcement officials.
(4) As of March 22, 2023, this paragraph (b) is no longer applicable. Any medical examiner’s certificate issued under § 391.43 that relies on the provisions of this paragraph for drivers with vision impairment in one eye becomes void as of that date.
- 391.65 Drivers Supplied by Other Motor Carriers
(a) A motor carrier may utilize a driver who is not its single-employer driver (as defined in § 390.5) without meeting all standard driver qualification file requirements, provided that:
(1) The driver is a single-employer driver for a different motor carrier; and
(2) The driver’s primary motor carrier issues a written certification stating that the driver meets all qualifications for operating a commercial motor vehicle. The certification must:
(i) Be signed and dated by an authorized officer or representative of the employing motor carrier;
(ii) Include the driver’s name and signature;
(iii) Confirm that the driver is classified as a single-employer driver;
(iv) Certify the driver’s full compliance with all qualification standards under part 391 of the Federal Motor Carrier Safety Regulations;
(v) Provide the expiration date of the driver’s current medical examiner’s certificate;
(vi) Specify the certificate’s expiration date, which cannot exceed 2 years or the expiration of the driver’s medical examiner’s certificate, whichever comes first; and
(vii) Follow a format substantially similar to this example:
Certification of Driver Qualification
- Driver Name: ____________________
- Social Security Number: ____________________
- Driver Signature: ____________________
I hereby certify that the above-named driver, as defined under § 390.5, is a single-employer driver for our motor carrier and is fully qualified under part 391 of the Federal Motor Carrier Safety Regulations. The driver’s current medical examiner’s certificate is valid until ______ (date).
This certification expires on: ______ (date not beyond the medical certificate’s expiration).
Issued on: ______ (date)
Issued by: ____________________ (Name of Carrier)
Carrier Address: ____________________
Authorized Signature: ____________________
Title: ____________________
(b) The motor carrier receiving the certification must:
(1) Verify the accuracy of the certificate by contacting the certifying motor carrier, either in person, by phone, or in writing.
(2) Maintain a copy of the certification on file for at least three years.
(c) The motor carrier issuing the driver qualification certification is responsible for ensuring its accuracy. The certification becomes invalid if the driver leaves employment with the issuing motor carrier or no longer meets the qualification standards specified under this part.
- 391.67 Farm Vehicle Drivers Operating Articulated Commercial Motor Vehicles
Farm vehicle drivers, as defined in § 390.5, who are 18 years of age or older and operate articulated commercial motor vehicles are exempt from the following provisions under this part:
(a) § 391.11(b)(1) and (7): Requirements concerning general driver qualifications;
(b) Subpart C: Rules regarding driver background checks, character assessments, and driving record investigations;
(c) Subpart D: Requirements for conducting road tests; and
(d) Subpart F: Regulations for maintaining driver qualification files and related records.
- 391.68 Private Motor Carriers of Passengers (Nonbusiness)
The following provisions of this part do not apply to private motor carriers of passengers (nonbusiness) and their drivers:
(a) § 391.11(b)(1) and (7): Requirements related to general driver qualifications;
(b) Subpart C: Provisions regarding background investigations, character assessments, and driving record inquiries;
(c) §§ 391.41 and 391.45: The requirements for drivers to undergo medical examinations and carry a medical examiner’s certificate; and
(d) Subpart F: Rules concerning the maintenance of driver qualification files and associated records.
- 391.69 Private Motor Carrier of Passengers (Business)
The requirements outlined in § 391.21 (concerning employment applications), § 391.23 (pertaining to investigations and inquiries), and § 391.31 (related to road tests) do not apply to a driver who was a single-employer driver (as defined in § 390.5) of a private motor carrier of passengers (business) as of July 1, 1994, provided the driver continues to be employed as a single-employer driver by that motor carrier.
- 391.71 [Reserved]
Appendix A to Part 391—Medical Advisory Criteria
- Introduction
This appendix outlines the Federal Motor Carrier Safety Administration’s (FMCSA) recommendations and guidance in the form of Medical Advisory Criteria. These are intended to assist medical examiners in evaluating a driver’s physical qualification. These criteria are advisory only and do not carry the weight of law. They were developed after reviewing public comments and incorporating feedback from the FMCSA’s Medical Review Board.
- Interpretation of Medical Standards
Since the implementation of physical qualification regulations for commercial motor vehicle drivers, the FMCSA has published advisory criteria to help medical examiners assess whether a driver meets the required physical standards. These criteria are based on the Medical Examiner’s Handbook and provide guidance directly relevant to the qualification examination.
- Medical Advisory Criteria for 49 CFR 391.41(b)(1)
- Loss of Hand or Limb: Individuals who lose all five fingers are considered to have lost a hand under § 391.41(b)(1).
- Prosthetics: The use of prosthetics does not qualify a driver unless they hold a skill performance evaluation certificate.
- Eligibility for Skill Performance Evaluation Certificate: An individual may qualify for a skill performance evaluation certificate under § 391.41(b)(1) or § 391.41(b)(2), or both.
- Medical Advisory Criteria for 49 CFR 391.41(b)(2)
- Partial Limb Loss: Loss of fewer than all five fingers or any toes should be evaluated under § 391.41(b)(2) to assess if there is a defect or limitation of a hand or foot that affects the ability to operate a commercial vehicle.
- Skill Performance Evaluation Certificate: Available only for impairment or limitations of limbs, not for impairments affecting the spine or torso.
- Eligibility for Skill Performance Evaluation Certificate: An individual may be eligible for a certificate under § 391.41(b)(1) or § 391.41(b)(2), or both.
- Medical Advisory Criteria for 49 CFR 391.41(b)(4)
- Cardiovascular Conditions: “No current clinical diagnosis of” refers to cardiovascular conditions that are either unresolved or still symptomatic, including those likely to cause syncope or other related symptoms.
- Procedures like Bypass Surgery or Pacemakers: These treatments do not automatically disqualify a driver. However, devices like implantable cardioverter-defibrillators are used to address ongoing conditions that could cause syncope or collapse.
- Anticoagulation Therapy: While anticoagulation therapy is generally beneficial, it should not automatically disqualify the driver unless other underlying conditions are a concern.
- Medical Advisory Criteria for 49 CFR 391.41(b)(5)
- Respiratory Conditions: Conditions like emphysema, chronic asthma, and other respiratory issues may affect the ability to safely operate a commercial vehicle. Medical examiners should investigate potential undiagnosed or inadequately treated respiratory dysfunctions.
- Referral to Specialists: If a dysfunction is suspected, the examiner should recommend further evaluation by a specialist.
- Medical Advisory Criteria for 49 CFR 391.41(b)(6)
- Confirming Blood Pressure: Elevated blood pressure should be confirmed with at least two additional measurements.
- Hypertension and Driving: Mild hypertension alone is generally not disqualifying, but when it is accompanied by target organ damage, certification should be reconsidered.
- Classification of Hypertension: Hypertension is classified in stages based on systolic and diastolic measurements, with specific guidance on certification duration for each stage.
- Medical Advisory Criteria for 49 CFR 391.41(b)(7)
- Chronic Disease History: Individuals diagnosed with chronic diseases such as arthritis, muscular disorders, or vascular diseases must be evaluated based on the severity of their condition and its potential impact on driving ability.
- Functional Impairment: Severe impairment disqualifies the individual from driving, and a shorter certification period may be appropriate for those requiring frequent monitoring.
- Medical Advisory Criteria for 49 CFR 391.41(b)(8)
- Epilepsy and Seizure Disorders: Drivers with epilepsy or seizure disorders are typically disqualified unless they meet certain criteria, such as being seizure-free for extended periods and off antiseizure medication.
- Seizure History: Those who have experienced a single unprovoked seizure may be certified if certain conditions are met, such as being seizure-free for a specified period and not taking antiseizure medication.
- Nonepileptic Seizures: If a person has had a provoked seizure and has recovered fully, they may be eligible for certification if the provoking cause is avoidable or reversible.
- Medical Advisory Criteria for 49 CFR 391.41(b)(9)
- Mental Health Disorders: Emotional or adjustment disorders, which impact memory, reasoning, and judgment, should be thoroughly evaluated. Individuals with significant emotional instability may be disqualified.
- Medication Effects: Medications for mental or functional disorders may interfere with driving ability and should be considered during qualification.
- Medical Advisory Criteria for 49 CFR 391.41(b)(11)
- Hearing Tests: Audiometric results may need conversion from the ISO to the ANSI standard. Specific guidelines are provided for testing and evaluating hearing in individuals applying for certification.
- Whispered Voice Test: This is another method for testing hearing, requiring specific procedures for both ears.
- Hearing Aids: If hearing aids are used, the individual should still meet the necessary hearing thresholds for qualification. If they do not, a hearing exemption may be requested.
Part 392—Driving Of Commercial Motor Vehicles
Authority:
49 U.S.C. 504, 13902, 31136, 31151, 31502; Section 112 of Pub. L. 103-311, 108 Stat. 1673, 1676 (1994), as amended by sec. 32509 of Pub. L. 112-141, 126 Stat. 405-805 (2012); and 49 CFR 1.87.
Source:33 FR 19732, Dec. 25, 1968, unless otherwise noted.
Subpart A—General
§ 392.1 Scope of the rules in this part.
(a) 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.
(b) The rules in this part do not apply to drivers of “pipeline welding trucks” as defined in 49 CFR 390.38(b).
[53 FR 18057, May 19, 1988, as amended at 60 FR 38746, July 28, 1995; 81 FR 47721, July 22, 2016]
§ 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.
[35 FR 7800, May 21, 1970, as amended at 60 FR 38746, July 28, 1995; 66 FR 49874, Oct. 1, 2001]
§ 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.
[35 FR 7800, May 21, 1970, as amended at 60 FR 38746, July 28, 1995]
§ 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 § 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.
[61 FR 9567, Mar. 8, 1996, as amended at 62 FR 37153, July 11, 1997]
§ 392.5 Alcohol prohibition.
(a) No driver shall—
(1) Use alcohol, as defined in § 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, or 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.
(49 U.S.C. 304, 1655; 49 CFR 1.48(b) and 301.60)
[47 FR 47837, Oct. 28, 1982, as amended at 52 FR 27201, July 20, 1987; 59 FR 7515, Feb. 15, 1994; 61 FR 9567, Mar. 8, 1996; 66 FR 49874, Oct. 1, 2001; 79 FR 59457, Oct. 2, 2014]
§ 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.
[33 FR 19732, Dec. 25, 1968, as amended at 60 FR 38746, July 28, 1995]
§ 392.7 Equipment, inspection and use.
(a) 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.
Wheels and rims.
Emergency equipment.
(b) Drivers preparing to transport intermodal equipment must make an inspection of the following components, and must be satisfied they are in good working order before the equipment is operated over the road. Drivers who operate the equipment over the road shall be deemed to have confirmed the following components were in good working order when the driver accepted the equipment:
—Service brake components that are readily visible to a driver performing as thorough a visual inspection as possible without physically going under the vehicle, and trailer brake connections
—Lighting devices, lamps, markers, and conspicuity marking material
—Wheels, rims, lugs, tires
—Air line connections, hoses, and couplers
—King pin upper coupling device
—Rails or support frames
—Tie down bolsters
—Locking pins, clevises, clamps, or hooks
—Sliders or sliding frame lock
[33 FR 19732, Dec. 25, 1968, as amended at 60 FR 38746, July 28, 1995; 66 FR 49874, Oct. 1, 2001; 73 FR 76823, Dec. 17, 2008; 74 FR 68708, Dec. 29, 2009; 79 FR 75449, Dec. 18, 2014]
§ 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 § 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.
[49 FR 38290, Sept. 28, 1984, as amended at 60 FR 38746, July 28, 1995]
§ 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 §§ 393.100 through 393.136 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.
[67 FR 61224, Sept. 27, 2002, as amended at 72 FR 55703, Oct. 1, 2007]
§ 392.9a Operating authority.
(a) Operating authority required. A motor vehicle providing transportation requiring operating authority must not be operated—
(1) Without the required operating authority or
(2) Beyond the scope of the operating authority granted.
(b) Penalties. Every motor carrier providing transportation requiring operating authority shall be ordered out of service if it is determined that the motor carrier is operating a vehicle in violation of paragraph (a) of this section. In addition, the motor carrier may be subject to penalties in accordance with 49 U.S.C. 14901.
(c) Administrative review. Upon 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 5 U.S.C. 554 not later than 10 days after issuance of such order.
[71 FR 50867, Aug. 28, 2006, as amended at 78 FR 60233, Oct. 1, 2013]
- 392.9b Prohibited Transportation
(a) Safety Registration Requirement: A commercial motor vehicle operating in interstate commerce must have a valid safety registration and an active USDOT number to be legally operated.
(b) Penalties: If it is determined that the motor carrier is violating the safety registration requirement in paragraph (a), they may face penalties as outlined in 49 U.S.C. 521.
[78 FR 52655, Aug. 23, 2013, amended at 81 FR 68358, Oct. 4, 2016]
Subpart B—Driving of Commercial Motor Vehicles
- 392.10 Railroad Grade Crossings; Stopping Requirement
(a) The driver of a commercial motor vehicle listed in paragraphs (a)(1) through (6) must stop the vehicle within 50 feet, but no closer than 15 feet, from railroad tracks before crossing. The driver must then look and listen for approaching trains and ensure no train is coming. The vehicle should only proceed when it is safe, and it must cross the tracks without shifting gears.
Affected Vehicles:
- Buses carrying passengers
- Vehicles transporting Division 2.3 chlorine
- Vehicles requiring placarding under specific hazardous materials regulations
- Cargo tanks used for hazardous materials transport
- Cargo tanks transporting commodities above their flashpoint
- Cargo tanks under specific exemptions
(b) Exceptions to the Stop Requirement:
- Streetcar crossings or tracks used only for industrial purposes in business districts.
- When directed by a police officer or crossing flagman.
- Railroad crossings with a functioning green traffic signal.
- Abandoned tracks marked with an “abandoned” sign.
- Industrial or spur line crossings marked as “Exempt.”
[33 FR 19732, Dec. 25, 1968, amended at various dates]
- 392.11 Railroad Grade Crossings; Slowing Down Required
Commercial motor vehicles not covered by § 392.10 must slow to a speed that allows them to stop safely before reaching the nearest rail of a railroad crossing. The vehicle should not proceed until it is certain the tracks are clear.
[33 FR 19732, Dec. 25, 1968, amended at 60 FR 38747, July 28, 1995]
- 392.12 Highway-Rail Crossings; Safe Clearance
A driver of a commercial motor vehicle must not enter a highway-rail crossing unless there is enough space on the other side to clear the crossing completely without stopping.
[78 FR 58923, Sept. 25, 2013]
- 392.14 Hazardous Conditions; Extreme Caution
Drivers must exercise extreme caution when driving under hazardous conditions such as snow, ice, fog, or smoke, which impair visibility or traction. Speed must be reduced, and if conditions become too dangerous, the driver must stop and not resume driving until it is safe.
[33 FR 19732, Dec. 25, 1968, amended at 60 FR 38747, July 28, 1995]
- 392.15 Prohibited Driving Status
A driver with a commercial learner’s permit or commercial driver’s license may not operate a commercial motor vehicle if prohibited under § 382.501(a) of this subchapter.
[86 FR 55743, Oct. 7, 2021]
- 392.16 Use of Seat Belts
(a) Driver Requirement: A driver may not operate a commercial motor vehicle unless they are properly restrained by the seat belt installed at the driver’s seat.
(b) Passenger Requirement: A driver of a property-carrying commercial vehicle may not operate the vehicle unless all passengers are properly restrained by seat belts.
[81 FR 36479, June 7, 2016; 81 FR 43957, July 6, 2016]
- 392.22 Emergency Signals; Stopped Commercial Motor Vehicles
(a) Hazard Warning Flashers: When a commercial motor vehicle is stopped on a highway for reasons other than traffic stops, the driver must immediately activate the hazard warning flashers. These must remain on until the warning devices are properly set up as required in paragraph (b).
(b) Warning Device Placement:
- General Rule: The driver must place warning devices within 10 minutes, as follows:
- One on the traffic side, 4 paces from the vehicle.
- One at 40 paces ahead in the direction of approaching traffic.
- One at 40 paces behind the vehicle.
- Special Rules for Emergency Signals:
- Fusees and Flares: If using fusees or liquid-burning flares, they must be placed at the prescribed distances and remain lit until the vehicle is moved.
- Daylight Conditions: During daylight hours, three reflective triangles or lighted flares must be used as per the guidelines.
- Business or Residential Districts: Warning device placement is not required in these areas unless the conditions require lighted lamps for visibility.
- Hills, Curves, or Obstructions: Warning signals must be placed between 100 to 500 feet in the direction of the obstruction.
- Divided or One-Way Roads: Warning devices must be placed at specific distances on such roads to alert approaching traffic.
[37 FR 17175, Aug. 25, 1972, as amended at various dates]
- 392.24 Emergency Signals; Flame-Producing Devices
A driver may not attach or allow anyone to attach any lighted fusee or flame-producing emergency signal to any part of a commercial motor vehicle.
[33 FR 19732, Dec. 25, 1968, amended at 60 FR 38747, July 28, 1995]
Subpart D—Use of Lighted Lamps and Reflectors
- § 392.30-392.32 [Reserved]
- 392.33 Obscured Lamps or Reflective Devices/Materials
(a) A commercial motor vehicle must not be operated if any lamps or reflective devices/materials required by Subpart B of Part 393 are obstructed. Obstructions can include the tailboard, parts of the load or its covering, dirt, additional vehicle or work equipment, or any other factor that impairs visibility.
(b) Exception: The conspicuity treatments on the trailer’s front end protection devices may be covered by part of the load being transported.
[70 FR 48025, Aug. 15, 2005]
Subpart E—License Revocation; Duties of Driver
- § 392.40-392.41 [Reserved]
Subpart F—Fueling Precautions
- 392.50 Prevention of Fuel Ignition
No driver or motor carrier employee may:
(a) Fuel a commercial motor vehicle with the engine running, except when necessary for fueling.
(b) Smoke or expose an open flame near a commercial motor vehicle being fueled.
(c) Fuel a commercial motor vehicle unless the nozzle of the fuel hose remains in continuous contact with the fuel tank intake pipe.
(d) Permit any person to engage in activities that could lead to a fire or explosion, as far as practicable.
[33 FR 19732, Dec. 25, 1968, as amended at 60 FR 38747, July 28, 1995]
- 392.51 Reserve Fuel; Materials of Trade
Small quantities of fuel for vehicle operation or maintenance may be classified as materials of trade (per 49 CFR 171.8).
(a) The total weight of materials of trade on a motor vehicle may not exceed 200 kg (440 pounds).
(b) Gasoline packaging must be metal or plastic and comply with the requirements in 49 CFR Parts 171, 172, 173, and 178 or the Occupational Safety and Health Administration regulations in 29 CFR 1910.106.
(c) For Packing Group II (including gasoline), Packing Group III (including aviation fuel and fuel oil), or ORM-D materials, the limit is 30 kg (66 pounds) or 30 L (8 gallons).
(d) For diesel fuel, the package size is limited to 450 L (119 gallons).
(e) A Division 2.1 material in a cylinder is restricted to 100 kg (220 pounds) gross weight. (Division 2.1 materials are flammable gases like propane, butane, and methane).
[63 FR 33279, June 18, 1998]
- 392.52 [Reserved]
Subpart G—Prohibited Practices
- 392.60 Unauthorized Person Transportation
(a) A driver may not transport any person on a commercial motor vehicle, except for buses, unless specifically authorized by the motor carrier. The authorization must include the name of the person, the points of transport, and the expiration date of the authorization. No authorization is required for:
(1) Employees or others assigned by the motor carrier to a commercial motor vehicle.
(2) Individuals transported during the rendering of aid in an accident or emergency.
(3) An attendant caring for livestock.
(b) This does not apply to commercial vehicles operated by farmers for transporting agricultural goods or supplies to and from the farm.
[60 FR 38747, July 28, 1995]
- 392.61 [Reserved]
- 392.62 Safe Operation of Buses
A person may not drive a bus, nor may a motor carrier require or permit bus driving, unless:
(a) Standee passengers are located behind the standee line, as prescribed in § 393.90.
(b) All aisle seats meet the requirements of § 393.91.
(c) Baggage or freight is properly secured to:
(1) Ensure the driver can operate the bus without obstruction.
(2) Allow unobstructed access to all exits for passengers.
(3) Protect passengers from injury due to shifting cargo.
[63 FR 33278, June 18, 1998]
- 392.63 Towing or Pushing Loaded Buses
No disabled bus with passengers aboard shall be towed or pushed, nor may any bus be used to tow or push another disabled vehicle, unless such action would reduce the hazard to passengers. In these cases, the bus may proceed to the nearest location where passenger safety is assured.
[33 FR 19732, Dec. 25, 1968, as amended at 60 FR 38747, July 28, 1995]
- 392.64 Riding Inside Closed Commercial Motor Vehicles
No one shall ride within the enclosed body of a commercial motor vehicle unless there is a means of exit that can be easily operated by the occupant.
[33 FR 19732, Dec. 25, 1968, as amended at 60 FR 38747, July 28, 1995]
- 392.65 [Reserved]
- 392.66 Carbon Monoxide; Use of Commercial Vehicles When Detected
(a) A commercial motor vehicle or its passengers cannot be dispatched or operated, and no passengers may be allowed, if:
(1) An occupant is affected by carbon monoxide.
(2) Carbon monoxide is detected in the vehicle.
(3) A mechanical condition exists that could expose occupants to carbon monoxide hazards.
(b) [Reserved]
[60 FR 38747, July 28, 1995]
- 392.67 Flame-Producing Heaters in Motion
Open flame heaters used for loading or unloading shall not be in operation while the commercial motor vehicle is moving.
[33 FR 19732, Dec. 25, 1968, as amended at 60 FR 38747, July 28, 1995]
- § 392.68-392.69 [Reserved]
- 392.71 Radar Detectors; Use and Possession
(a) No driver may use or possess a radar detector in a commercial motor vehicle.
(b) No motor carrier shall require or allow a driver to use a radar detector in a commercial motor vehicle.
[58 FR 67375, Dec. 21, 1993]
Subpart H—Limiting the Use of Electronic Devices
- 392.80 Prohibition Against Texting
(a) No driver may engage in texting while driving.
(b) Motor carriers must not allow or require drivers to engage in texting while driving.
(c) “Driving” refers to operating a commercial motor vehicle with the motor running, including moments of temporary stoppage due to traffic, signals, or delays. It does not include stopping the vehicle on the side of the road in a safe location.
(d) Emergency Exception: Texting while driving is allowed when communicating with law enforcement or emergency services.
[75 FR 59136, Sept. 27, 2010, as amended at 76 FR 75487, Dec. 2, 2011]
- 392.82 Use of Hand-Held Mobile Telephones
(a)
(1) No driver shall use a hand-held mobile phone while driving a commercial motor vehicle.
(2) No motor carrier shall allow or require its drivers to use a hand-held mobile phone while driving.
(b) “Driving” refers to operating a commercial motor vehicle on a highway, including temporary stops due to traffic, signals, or other delays. It excludes operating a vehicle when safely halted at the side of or off the highway.
(c) Emergency Exception: Drivers may use hand-held mobile phones in emergencies to communicate with law enforcement or emergency services.
[76 FR 75487, Dec. 2, 2011]
Part 393—Parts And Accessories Necessary For Safe Operation
Subpart A—General
Source: 53 FR 49384, Dec. 7, 1988, unless otherwise stated.
- 393.1 Scope of the regulations in this section.
(a) The regulations in this section set forth minimum standards for commercial motor vehicles as defined in § 390.5 of this title. Only motor vehicles (as defined in § 390.5) and combinations of motor vehicles that qualify as commercial motor vehicles are subject to the requirements of this section. All provisions that reference motor vehicles with a Gross Vehicle Weight Rating (GVWR) of less than 4,536 kg (10,001 pounds) apply solely when the motor vehicle or combination of motor vehicles qualifies as a commercial motor vehicle.
(b)
(1) Every motor carrier and its personnel must be familiar with and comply with the regulations and specifications outlined in this section.
(2) Every intermodal equipment provider and its employees or agents responsible for inspecting, repairing, and maintaining intermodal equipment transferred to motor carriers must be knowledgeable about and comply with the relevant regulations and specifications in this section.
(c) No motor carrier may operate, or allow the operation of, a commercial motor vehicle unless it is equipped in compliance with the requirements and specifications set forth in this section.
(d) No intermodal equipment provider may operate, or allow the operation of, intermodal equipment unless it is equipped in accordance with the requirements and specifications set forth in this section.
(e) The provisions in this section do not apply to “pipeline welding trucks” as defined in 49 CFR 390.38(b).
[70 FR 48025, Aug. 15, 2005, as amended at 73 FR 76823, Dec. 17, 2008; 81 FR 47721, July 22, 2016]
- 393.3 Additional equipment and accessories.
The use of additional equipment or accessories that impair the safety of operating a commercial motor vehicle in interstate commerce is prohibited. However, this subchapter does not forbid the use of extra equipment and accessories that are not inconsistent with or prohibited by these regulations, provided that such additions do not compromise the safety of the vehicle’s operation.
[78 FR 58484, Sept. 24, 2013]
- 393.5 Definitions.
For the purposes of this section, the following terms are defined as:
- Aggregate working load limit: The combined working load limits or restraining capacity of all devices used to secure cargo on a vehicle.
- Agricultural commodity trailer: A trailer designed for transporting bulk agricultural commodities from off-road harvesting locations to processing plants or storage areas. It features a skeletal structure designed to carry harvest containers, a maximum length of 28 feet, and an air control system that minimizes damage during field operations.
- Air brake system: A braking system, including an air-over-hydraulic subsystem, that uses air to transmit force or pressure from the driver’s control to the service brake. This does not include systems that only use compressed air or vacuum to assist the driver in applying muscular force to hydraulic or mechanical components.
- Air-over-hydraulic brake subsystem: A subsystem in an air brake system that uses compressed air to transmit force from the driver’s control to a hydraulic brake system to actuate the service brakes.
- Anchor point: A part of the vehicle or cargo structure used to attach a tiedown.
- Antilock Brake System (ABS): A portion of the service brake system that controls wheel rotational slip during braking by:
(1) Monitoring wheel rotational speed;
(2) Sending wheel speed data to a controller that processes and generates appropriate control signals; and
(3) Transmitting control signals to modulating devices that adjust braking forces accordingly. - Article of cargo: A unit of cargo, excluding liquids, gases, or non-structured aggregates (e.g., grain, gravel), including units grouped together or unitized by wrapping, strapping, or banding.
- Auxiliary driving lamp: A lamp designed to supplement the upper beam of a vehicle’s headlamp system, providing additional forward illumination. It is not intended to operate independently or in conjunction with a standard headlamp’s lower beam.
- Bell pipe concrete: A type of pipe whose flanged end has a larger diameter than the barrel.
- Blocking: A structure, device, or article placed around or against cargo to prevent its horizontal movement.
- Boat trailer: A trailer specifically designed with cradle-type mountings for transporting a boat, also allowing the boat to be launched from the rear.
- Bracing: A structure, device, or substantial article placed against cargo to prevent tipping and shifting.
- Brake: A mechanism used to stop or hold a vehicle in place.
- Brake power assist unit: A device that reduces the effort needed to operate the brakes in a hydraulic brake system. If it fails, it does not prevent braking through continued use of muscular force.
- Brake power unit: A device in a brake system that supplies the necessary energy to actuate the brakes, either directly or via an auxiliary device, with the operator’s action limited to modulating the energy application.
- Brake tubing/hose: Tubing and hoses used in a brake system to transport or contain fluids or vacuum used in braking.
- Chassis: The load-supporting frame of a commercial motor vehicle, excluding any additional components for accommodating cargo.
- Clearance lamps: Lamps mounted to indicate the overall width of the vehicle, providing illumination at the front or rear of the vehicle.
- Container chassis trailer: A semitrailer with a skeletal structure designed for transporting intermodal cargo containers, equipped with locking mechanisms to secure the container.
- Converter dolly: A vehicle designed to convert a semitrailer into a full trailer, equipped with one or more axles, a fifth wheel, and a drawbar.
- Crib-type log trailer: A trailer designed for transporting logs, with stakes and structures to prevent movement from side to side or front to back.
- Curb weight: The weight of a motor vehicle with standard equipment, full fuel, oil, and coolant, including optional air conditioning or engine equipment, but excluding the driver.
- Dunnage: Loose materials used to protect and support cargo.
- Dunnage bag: An inflatable bag used to fill gaps between cargo or between cargo and the vehicle’s walls.
- Edge protector: A device placed on cargo edges to distribute tiedown forces over a broader area, protecting both the tiedown and cargo.
- Electric brake system: A brake system that uses electric current to activate the service brakes.
- Emergency brake: A mechanism designed to stop a vehicle following a failure in the service brake system.
- Emergency brake system: A system designed to stop a vehicle after a failure occurs in part of the service brake system that contains compressed air or brake fluid.
- Fifth wheel: A device mounted on a truck tractor or similar towing vehicle that connects to a semitrailer’s upper coupler.
- Frame vehicle: A vehicle with a skeletal structure and bunk units designed for transporting logs, with the bunks integrated into the vehicle’s main beams.
- Friction mat: A mat placed between cargo and a vehicle’s deck, or between cargo items, to increase friction and reduce movement.
- Front fog lamp: A lighting device designed to provide low-level illumination ahead of the vehicle in fog, snow, rain, or dust conditions.
- Fuel tank fitting: A removable device affixed to the opening in a fuel tank, excluding the filler cap.
- Grommet: A protective device that supports materials passing through it.
- Hazard warning signal: Flashing lamps on both the front and rear of a vehicle to signal a vehicular hazard to approaching drivers.
- Head lamps: Lamps used for general illumination ahead of a vehicle.
- Heater: A device used to heat a vehicle’s interior, including catalytic heaters when transporting flammable liquids or gases.
- Heavy hauler trailer: A trailer with special characteristics, such as adaptive brake lines or a low-profile platform, but not classified as a container chassis trailer.
- Hook-lift container: A container used primarily in industries such as waste management and recycling, lifted and unloaded using a hook-arm system.
- Hydraulic brake system: A brake system that uses hydraulic fluid to transmit force from the control to the brake mechanism.
- Identification lamps: Lamps used to identify commercial motor vehicles.
- Integral securement system: A system used on certain containers and their transport vehicles, where hold-down devices are mated to secure both the vehicle and cargo.
- Lamp: A device used for producing artificial light.
- Length of a Manufactured Home:
The largest exterior length in the traveling mode, including projections that contain interior space. This does not include bay windows, roof projections, overhangs, or eaves without interior space, nor does it include drawbars, couplings, or hitches. - License Plate Lamp:
A lamp used to illuminate the license plate at the rear of a motor vehicle. - Longwood:
Logs, including utility poles, longer than 4.9 m (16 feet), typically referred to as long logs or treelength. - Low Chassis Vehicle:
- A trailer or semitrailer manufactured after January 26, 1998, with a chassis extending beyond the rear tires, meeting guard width, height, and rear surface requirements.
- A motor vehicle with a chassis extending behind the rear tires, meeting rear impact guard configuration requirements.
- Major Tread Groove:
The space between two adjacent tread ribs or lugs on a tire containing a tread wear indicator or wear bar. - Manufactured Home:
A transportable structure, either 8 feet wide or 40 feet long, or at least 320 square feet when erected on-site. It is built on a permanent chassis and designed as a dwelling, with or without a permanent foundation, and includes the necessary utilities. - Metal Coil:
A roll, coil, or spool of metal, metal foil, wire, rod, or chain, including plastic or rubber-coated electrical and communication cables. - Multi-Piece Windshield:
A windshield made of two or more glazing surface areas. - Parking Brake System:
A system designed to prevent the movement of a stationary motor vehicle. - Play:
Any free movement of components. - Pulpwood Trailer:
A trailer designed specifically for transporting logs or pulpwood, typically with a skeletal frame. - Rail Vehicle:
A vehicle with a skeletal structure and stakes at the front and rear to carry logs crosswise. - Rear Extremity:
The rearmost point of a motor vehicle, measured above 560 mm (22 inches) and below 1,900 mm (75 inches), excluding non-structural protrusions. - Reflective Material:
Material meeting Federal Specification L-S-300 for reflective sheeting and tape. - Reflex Reflector:
A device that reflects light from lamps on an approaching vehicle to indicate vehicle presence. - Road Construction Controlled Horizontal Discharge Trailer:
A trailer equipped to deliver asphalt and materials to paving equipment during road construction. - Saddle-Mount:
A demountable device used in driveaway-towaway operations, consisting of upper and lower halves and a king-pin to couple vehicles. - Service Brake System:
The primary brake system used to slow or stop a vehicle. - Shoring Bar:
A device placed between vehicle walls and cargo to prevent tipping or shifting. - Shortwood:
Logs typically up to 4.9 m (16 feet) long, often referred to as cut-up logs or pulpwood. - Sided Vehicle:
A vehicle with cargo compartments enclosed by walls, capable of containing cargo, such as vans or dump trucks. - Side Extremity:
The outermost point on the side of a vehicle, measured between 560 mm (22 inches) and 1,900 mm (75 inches) from the ground. - Side Marker Lamp (Intermediate):
A lamp mounted on the side of a vehicle to indicate the approximate middle for vehicles 9.14 meters (30 feet) or longer. - Side Marker Lamps:
Lamps mounted on the sides of a vehicle to indicate the overall length. - Special Purpose Vehicle:
- A trailer or semitrailer with work-performing equipment that may interfere with rear impact guard areas.
- A motor vehicle with similar work-performing equipment affecting the rear impact guard area.
- Split Service Brake System:
A brake system with two or more subsystems designed to prevent failure in one from impairing others. - Steering Wheel Lash:
The condition in which the steering wheel turns without moving the front wheels. - Stop Lamps:
Lamps at the rear of a vehicle indicating when the service brake system is engaged. - Surge Brake:
A hydraulic brake system for trailers relying on inertial forces from the towing vehicle’s braking to stop the towed vehicle. - Tail Lamps:
Lamps used to designate the rear of a vehicle. - Tiedown:
A securing device assembly that attaches cargo to a vehicle or trailer. - Tow Bar:
A device used to temporarily attach a towing vehicle to a towed vehicle. - Tractor-Pole Trailer:
A combination vehicle carrying logs lengthwise, with a rotating bunk and mechanical features to assist with turning. - Trailer Kingpin:
A pin that locks a semitrailer to a fifth wheel. - Turn Signals:
Lamps used to indicate a change in direction by emitting flashing lights. - Upper Coupler Assembly:
A structure connecting the towing vehicle to a fifth wheel. - Upper Coupler Plate:
A plate through which the king-pin extends and connects to the fifth wheel. - Vacuum Brake System:
A brake system using vacuum and atmospheric pressure to transmit braking force. - Vehicle Safety Technology:
Systems and equipment designed to promote safety, such as lane departure warning, collision mitigation, and GPS. - Void Filler:
Material used to fill spaces between cargo and vehicle structure to prevent movement. - Well:
A depression formed between two cylindrical cargo items placed horizontally. - Wheels Back Vehicle:
- A trailer or semitrailer with the rear axle located no more than 305 mm (12 inches) from the rear.
- A motor vehicle with a similar rear axle location, no more than 610 mm (24 inches) forward.
- Width of a Manufactured Home:
The largest exterior width in traveling mode, including projections that contain interior space, excluding non-living projections like overhangs. - Windshield:
The principal forward-facing glazed surface for vision in a motor vehicle. - Working Load Limit (WLL):
The maximum load a component of a cargo securement system can safely handle during normal use, as specified by the manufacturer.
- 393.7 Matter Incorporated by Reference
(a) Incorporation by Reference
Part 393 references certain materials, listed in paragraph (b) of this section, which are not included in the regulations. These materials are made part of the regulations in part 393. The Director of the Federal Register has approved the materials incorporated by reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Only the specific versions of materials, approved by the Director of the Federal Register and specified in the regulation, are incorporated. Materials are included as they exist at the time of approval, and any changes will be published in the Federal Register.
(b) Matter or Materials Referenced in Part 393
The following materials are incorporated by reference in the corresponding sections:
- Auxiliary Upper Beam Lamps, SAE J581, July 2004, approved for § 393.24(b).
- Front Fog Lamp, SAE J583, August 2004, approved for § 393.24(b).
- Stop Lamps for Motor Vehicles Less Than 2032 mm in Overall Width, SAE J586, March 2000, approved for § 393.25(c).
- Stop Lamps and Turn Signal Lamps for Motor Vehicles 2032 mm or More in Overall Width, SAE J2261, January 2002, approved for § 393.25(c).
- Tail Lamps for Motor Vehicles Less Than 2032 mm in Overall Width, SAE J585, March 2000, approved for § 393.25(c).
- Tail Lamps for Vehicles 2032 mm or More in Overall Width, SAE J2040, March 2002, approved for § 393.25(c).
- Turn Signal Lamps for Motor Vehicles Less Than 2032 mm in Overall Width, SAE J588, March 2000, approved for § 393.25(c).
- Sidemarker Lamps for Vehicles Less Than 2032 mm in Overall Width, SAE J592, August 2000, approved for § 393.25(c).
- Directional Flashing Optical Warning Devices for Emergency Vehicles, SAE J595, January 2005, approved for § 393.25(e).
- Optical Warning Devices for Emergency Vehicles, SAE J845, May 1997, approved for § 393.25(e).
- Gaseous Discharge Warning Lamp for Emergency Vehicles, SAE J1318, May 1998, approved for § 393.25(e).
- Reflex Reflectors, SAE J594, December 2003, approved for § 393.26(c).
- Retroreflective Sheeting for Traffic Control, ASTM D 4956-04, 2004, approved for § 393.26(c).
- Automobile and Motor Coach Wiring, SAE J1292, October 1981, approved for § 393.28.
- Highway Emergency Signals, UL No. 912, July 30, 1979 (Amendment: November 9, 1981), approved for § 393.95(j).
- Safety Glazing Materials for Motor Vehicles, SAE Z26.1-1996, August 1997, approved for § 393.62(d).
- Sound Level Meters, ANSI S1.4-1983, approved for § 393.94(c).
- Strapping, Flat Steel and Seals, ASTM D3953-97, February 1998, approved for § 393.104(e).
- Welded Steel Chain Specifications, National Association of Chain Manufacturers, September 28, 2005, approved for § 393.104(e).
- Synthetic Web Tiedowns, WSTDA-T1, 1998, approved for § 393.104(e).
- Wire Rope Users Manual, 2nd Edition, Wire Rope Technical Board, November 1985, approved for § 393.104(e).
- Cordage Institute Rope Standards, approved for § 393.104(e):
- PETRS-2, Polyester Fiber Rope, 3-Strand and 8-Strand Constructions, January 1993;
- PPRS-2, Polypropylene Fiber Rope, 3-Strand and 8-Strand Constructions, August 1992;
- CRS-1, Polyester/Polypropylene Composite Rope, May 1979;
- NRS-1, Nylon Rope, May 1979;
- C-1, Double Braided Nylon Rope, January 1984.
(c) Availability
The incorporated materials are available from the following sources:
- Underwriters Laboratories, Inc., 333 Pfingsten Road, Northbrook, Illinois 60062.
- American Society for Testing and Materials, 100 Barr Harbor Drive, West Conshohocken, Pennsylvania 19428-2959.
- National Association of Chain Manufacturers, P.O. Box 22681, Lehigh Valley, Pennsylvania 18002-2681.
- Web Sling and Tiedown Association, 5024-R Campbell Blvd, Baltimore, Maryland 21236-5974.
- Wire Rope Technical Board, P.O. Box 849, Stevensville, Maryland 21666.
- Cordage Institute, 350 Lincoln Street, #115, Hingham, Massachusetts 02043.
- Society of Automotive Engineers, Inc., 400 Commonwealth Drive, Warrendale, Pennsylvania 15096.
- American National Standards Institute, 25 West 43rd Street, New York, New York 10036.
All materials incorporated by reference are available for inspection at:
- Federal Motor Carrier Safety Administration, 1200 New Jersey Ave., SE., Washington, DC 20590-0001.
- The National Archives and Records Administration (NARA).
- 393.11 Lamps and Reflective Devices
(a)
(1) Lamps and Reflex Reflectors: Table 1 outlines the requirements for lamps, reflective devices, and related equipment by the type of commercial motor vehicle. Diagrams in this section show the positions of these devices, as specified in Table 1. All commercial motor vehicles manufactured on or after December 25, 1968, must comply with the applicable requirements of 49 CFR 571.108 (FMVSS No. 108) at the time of manufacture. Vehicles manufactured before December 25, 1968, must meet the part 393 requirements that were in effect when the vehicle was manufactured.
(2) Exceptions: Pole trailers and trailer converter dollies must meet the part 393 requirements for lamps, reflective devices, and electrical equipment that were in effect at the time of their manufacture. Trailers equipped with conspicuity material that meets the specifications in § 393.11(b) do not need the reflex reflectors listed in Table 1, provided that:
(i) The conspicuity material is placed in locations where reflex reflectors would otherwise be required by Table 1; and
(ii) The installed conspicuity material meets the visibility requirements for reflex reflectors.
(b) Conspicuity Systems: Each trailer that is 2,032 mm (80 inches) or wider and has a Gross Vehicle Weight Rating (GVWR) over 4,536 kg (10,000 pounds), and that is manufactured on or after December 1, 1993—except for pole trailers and those designed exclusively for living or office use—must be equipped with either retroreflective sheeting that complies with FMVSS No. 108 (S5.7.1), reflex reflectors that comply with FMVSS No. 108 (S5.7.2), or a combination of retroreflective sheeting and reflex reflectors that meet FMVSS No. 108 (S5.7.3). The system must be installed and located as specified in FMVSS No. 108 [S5.7.1.4 for retroreflective sheeting, S5.7.2.2 for reflex reflectors, S5.7.3 for a combination of both] and meet certification and marking requirements as specified by S5.7.1.5 (for retroreflective tape) and S5.7.2.3 (for reflex reflectors).
(c) Prohibition of Amber Stop and Tail Lamps: No commercial motor vehicle may be equipped with amber stop lamps, tail lamps, or any lamp optically combined with an amber stop or tail lamp.
| Item on the vehicle | Quantity | Color | Location | Position | Height above the road surface in millimeters (mm) (with English units in parenthesis) measured from the center of the lamp at curb weight | Vehicles for which the devices are required |
| Headlamps | 2 | White | Front | On the front at the same height, with an equal number at each side of the vertical center line as far apart as practicable | Not less than 559 mm (22 inches) nor more than 1,372 mm (54 inches) | A, B, C |
| Turn signal (front). See footnotes #2 and 12 | 2 | Amber | At or near the front | One on each side of the vertical centerline at the same height and as far apart as practicable | Not less than 381 mm (15 inches) nor more than 2,108 mm (83 inches) | A, B, C |
| Identification lamps (front). See footnote #1 | 3 | Amber | Front | As close as practicable to the top of the vehicle, at the same height, and as close as practicable to the vertical centerline of the vehicle (or the vertical centerline of the cab where different from the centerline of the vehicle) with lamp centers spaced not less than 152 mm (6 inches) or more than 305 mm (12 inches) apart. Alternatively, the front lamps may be located as close as practicable to the top of the cab | All three on the same level as close as practicable to the top of the motor vehicle | B, C |
| Tail lamps. See footnotes #5 and 11 | 2 | Red | Rear | One lamp on each side of the vertical centerline at the same height and as far apart as practicable | Both on the same level between 381 mm (15 inches) and 1,829 mm (72 inches) | A, B, C, D, E, F, G, H |
| Stop lamps. See footnotes #5 and 13 | 2 | Red | Rear | One lamp on each side of the vertical centerline at the same height and as far apart as practicable | Both on the same level between 381 mm (15 inches) and 1,829 mm (72 inches) | A, B, C, D, E, F, G |
| Clearance lamps. See footnotes #8, 9, 10, 15 & 17 | 2 | Amber | One on each side of the front of the vehicle | One on each side of the vertical centerline to indicate overall width | Both on the same level as high as practicable | B, C, D, G, H |
| 2 | Red | One on each side of the rear of the vehicle | One on each side of the vertical centerline to indicate overall width | Both on the same level as high as practicable | B, D, G, H | |
| Reflex reflector, intermediate (side) | 2 | Amber | One on each side | At or near the midpoint between the front and rear side marker lamps, if the length of the vehicle is more than 9,144 mm (30 feet) | Between 381 mm (15inches) and 1,524 (60 inches) | A, B, D, F, G |
| Reflex reflector (rear). See footnotes #5, 6, and 8 | 2 | Red | Rear | One on each side of the vertical centerline, as far apart as practicable and at the same height | Both on the same level, between 381 mm (15 inches) and 1,524 mm (60 inches) | A, B, C, D, E, F, G |
| Reflex reflector (rear side). | 2 | Red | One on each side (rear) | As far to the rear as practicable | Both on the same level, between 381 mm (15 inches) and 1,524 mm (60 inches) | A, B, D, F, G |
| Reflex reflector (front side). See footnote #16 | 2 | Amber | One on each side (front) | As far to the front as practicable | Between 381 mm (15 inches) and 1,524 mm (60 inches) | A, B, C, D, F, G |
| License plate lamp (rear). See footnote #11 | 1 | White | At rear license plate to illuminate the plate from the top or sides | No requirements | A, B, C, D, F, G | |
| Side marker lamp (front). See footnote #16 | 2 | Amber | One on each side | As far to the front as practicable | Not less than 381 mm (15 inches) | A, B, C, D, F |
| Side marker lamp intermediate | 2 | Amber | One on each side | At or near the midpoint between the front and rear side marker lamps, if the length of the vehicle is more than 9,144 mm (30 feet) | Not less tan 381 mm (15 inches) | A, B, D, F, G |
| Side marker lamp (rear). See footnotes #4 and 8 | 2 | Red | One on each side | As far to the rear as practicable | Not less than 381 mm (15 inches), and on the rear of trailers not more than 1,524 mm (60 inches) | A, B, D, F, G |
| Turn signal (rear). See footnotes #5 and 12 | 2 | Amber or red | Rear | One lamp on each side of the vertical centerline as far apart as practicable | Both on the same level, between 381 mm (15 inches) and 2,108 mm (83 inches) | A, B, C, D, E, F, G |
| Identification lamp (rear). See footnotes #3, 7, and 15 | 3 | Red | Rear | One as close as practicable to the vertical centerline. One on each side with lamp centers spaced not less than 152 mm (6 inches) or more than 305 mm (12 inches) apart | All three on the same level as close as practicable to the top of the vehicle | B, D, G |
| Vehicular hazard warning signal flasher lamps. See footnotes #5 and 12 | 2 | Amber | Front | One lamp on each side of the vertical centerline, as far apart as practicable | Both on the same level, between 381 mm (15 inches) and 2,108 mm (83 inches) | A, B, C |
| 2 | Amber or red | Rear | One lamp on each side of the vertical centerline, as far apart as practicable | Both on the same level, between 381 mm (15 inches) and 2,108 mm (83 inches) | A, B, C, D, E, F, G | |
| Backup lamp. See footnote #14 | 1 or 2 | White | Rear | Rear | No requirement | A, B, C |
| Parking lamp | 2 | Amber or white | Front | One lamp on each side of the vertical centerline, as far apart as practicable | Both on the same level, between 381 mm (15 inches) and 2,108 mm (83 inches) | A |
§ 393.13 Retroreflective Sheeting and Reflex Reflectors: Requirements for Trailers Manufactured Before December 1, 1993
(a) Applicability
This section applies to trailers and semitrailers built before December 1, 1993, that are at least 80 inches (2,032 mm) wide and have a gross vehicle weight rating of over 10,000 pounds (4,536 kg), except for trailers designed solely as offices or dwellings, pole trailers (as defined in § 390.5), and those involved in driveaway-towaway operations. Motor carriers must comply with this section by June 1, 2001, for all trailers, except for container chassis, which must comply by December 1, 2001.
(b) Retroreflective Sheeting and Reflex Reflectors
Motor carriers are encouraged to retrofit trailers with a conspicuity system that meets the standards for trailers manufactured after December 1, 1993, including retroreflective sheeting or reflex reflectors arranged in a red and white pattern (as per FMVSS No. 108, § 5.7). If an alternative color combination is used, it must comply with the specific conditions outlined below.
- Retroreflective sheeting or reflex reflectors may use colors other than red and white on the sides or lower rear area until June 1, 2009, but must be consistent across the trailer’s sides and lower rear.
- The upper rear area must feature white retroreflective sheeting or reflex reflectors, in compliance with FMVSS No. 108.
- The width of retroreflective sheeting should be no less than 2 inches (50 mm).
(c) Location Requirements for Retroreflective Sheeting
(1) Sides
Retroreflective sheeting should cover each side of the trailer. The strip should be placed horizontally and as close to the front and rear as possible. The total length of all segments must equal at least half the trailer’s length, with even spacing between them. Each strip should be positioned between 15 inches (375 mm) and 60 inches (1,525 mm) from the road surface when unladen, or as close as feasible. To avoid rivet heads or other obstructions, a 2-inch wide strip may be split into two 1-inch strips, separated by no more than 1 inch.
(2) Lower Rear Area
The rear must have retroreflective sheeting that spans the full width of the trailer, positioned horizontally, as close as possible to the edges. The strip should be placed 15 inches (375 mm) to 60 inches (1,525 mm) from the road surface when the trailer is unladen.
(3) Upper Rear Area
Two pairs of white strips, each 12 inches (300 mm) long, should be positioned horizontally and vertically at the upper corners of the trailer’s rear, placed as high and as far apart as possible. If the trailer’s rear is not rectangular, the strips may follow the perimeter along the uppermost and outermost areas.
(d) Location Requirements for Reflex Reflectors
(1) Sides
Reflex reflectors must be placed along the trailer’s sides in a horizontal array, positioned as close to the front and rear as possible. The total length of the array must cover at least half the trailer’s length, with even spacing between segments. The centerline of the array should be between 15 inches (375 mm) and 60 inches (1,525 mm) above the road surface when unladen.
(2) Lower Rear Area
The rear of the trailer must be equipped with a horizontal array of reflex reflectors, spanning the full width of the trailer. Each reflector’s center should be no more than 4 inches (100 mm) from adjacent reflectors.
(3) Upper Rear Area
Two pairs of white reflex reflectors, each at least 12 inches (300 mm) long, must be positioned horizontally and vertically on the upper corners of the trailer’s rear. As with retroreflective sheeting, if the trailer’s perimeter is irregular, the reflectors may follow the perimeter as close to the top and outer edges as possible, ensuring the distance between each reflector does not exceed 4 inches (100 mm).
§ 393.17 Lamps and Reflectors: Combinations in Driveaway-Towaway Operations
In a driveaway-towaway operation, all vehicles must be equipped with functional lamps and reflectors as detailed below.
(a) Towing Vehicle Requirements
- Front: Two headlamps (one on each side), two turn signals (one on each side), and two clearance lamps (one on each side).
- Sides: One side-marker lamp, located near the front of the vehicle.
- Rear: Two tail lamps, two stop lamps, and two clearance lamps (one of each type on each side).
(b) Towed Vehicle Requirements
For the rearmost towed vehicle in any combination (including tow-bar or saddle-mount combinations), the following equipment is required:
- Sides: One side-marker lamp near the rear.
- Rear: Two tail lamps, two stop lamps, two turn signals, two clearance lamps, and two reflectors (one of each type on each side).
- For vehicles 80 inches or more in width, three identification lamps are required on the rear.
(c) Mobile Structure Trailer Requirements
A mobile structure trailer (used as a dwelling or commercial unit, at least 10 feet wide) must be equipped as follows:
- Special Permit Operations:
- Two stop lamps, two tail lamps, two red reflex reflectors, and two turn signal lamps.
- All Other Times: Equipped as per the requirements in paragraph (b).
(d) Intermediate Towed Vehicle Requirements
For any combination of more than two vehicles, such as in double or triple saddle-mount configurations, each intermediate towed vehicle must have one side-marker lamp on each side, near the rear.
- 393.19 Hazard Warning Signals
The hazard warning signal unit on each commercial motor vehicle must operate independently of the ignition or equivalent switch. When activated, it will cause all turn signals, as required by § 393.11, to flash simultaneously.
[70 FR 48046, Aug. 15, 2005]
- 393.20 [Reserved]
- 393.22 Combination of Lighting Devices and Reflectors
(a) Permitted Combinations
Two or more lighting devices and reflectors (whether required by this part or not) may be optically combined, provided:
- Each required lighting device and reflector conforms to applicable rules in this part.
- The mounting or use of any non-required device does not impair the effectiveness or cause inconsistency with the required lighting devices or reflectors.
(b) Prohibited Combinations
- A turn signal lamp must not be optically combined with a headlamp or any other lighting device that produces greater light intensity than the turn signal.
- A turn signal lamp cannot be combined optically with a stop lamp unless the stop lamp is deactivated when the turn signal is active.
- A clearance lamp cannot be optically combined with a tail or identification lamp.
[39 FR 26908, July 24, 1974]
- 393.23 Power Supply for Lamps
All required lamps must be powered by the vehicle’s electrical system, except for battery-powered lamps used on projecting loads.
[70 FR 48046, Aug. 15, 2005]
- 393.24 Requirements for Headlamps, Auxiliary Driving Lamps, and Front Fog Lamps
(a) Headlamps
All buses, trucks, and truck tractors must be equipped with headlamps, as specified in § 393.11(a). These headlamps must provide both upper and lower beam light distribution, selectable by the driver, and be steady-burning. They must be marked according to FMVSS No. 108. Auxiliary driving and front fog lamps may not replace these headlamps.
(b) Auxiliary Driving Lamps and Front Fog Lamps
Commercial vehicles may have auxiliary driving lamps and/or front fog lamps in addition to the required headlamps, but these cannot replace the required lamps. Auxiliary lamps must comply with SAE Standard J581 (Auxiliary Upper Beam Lamps, July 2004), and front fog lamps must comply with SAE Standard J583 (Front Fog Lamp, August 2004). (See § 393.7 for information on incorporating these standards.)
(c) Mounting
Headlamps must be mounted and aimable according to FMVSS No. 108. Auxiliary driving and front fog lamps must be mounted to be aimable, with secure mounting to prevent disturbance of the beam while the vehicle is in motion.
(d) Aiming
Headlamps, auxiliary driving lamps, and front fog lamps must be aimed according to the specifications in FMVSS No. 108 (49 CFR 571.108), SAE J581, and SAE J583, respectively.
[70 FR 48046, Aug. 15, 2005]
- 393.25 Requirements for Lamps Other Than Headlamps
(a) Mounting
All lamps must be securely mounted on a rigid part of the vehicle. Temporary lamps must be securely mounted to the load but need not be attached to a permanent vehicle part.
(b) Visibility
Each lamp must be positioned to meet visibility requirements as specified by FMVSS No. 108 at the time of the vehicle’s manufacture. If certain vehicle equipment obstructs required lamp visibility, an auxiliary lamp or device must be provided to meet the visibility requirements. This does not apply to lamps on one unit obscured by another in a vehicle combination.
(c) Specifications
Required lamps (except for marker lamps on projecting loads, lamps temporarily attached to vehicles in driveaway-towaway operations, and lamps on converter dollies and pole trailers) on vehicles manufactured after December 25, 1968, must meet FMVSS No. 108 requirements. Lamps on projecting loads, temporary lamps, and lamps on converter dollies and pole trailers must meet the applicable SAE standards.
(d) Reserved
(e) Steady-Burning Requirement
All exterior lamps must be steady-burning, except for turn signal lamps, hazard warning signal lamps, school bus warning lamps, amber warning lamps on oversized load vehicles, and certain warning lamps on emergency vehicles. Lamps combined with turn signals need not be steady-burning while the turn signal is in use. Amber warning lamps must meet SAE J845, SAE J595, and SAE J1318 standards.
(f) Stop Lamp Operation
Stop lamps must activate upon applying service brakes. These lamps do not need to activate when using the emergency feature of trailer brakes or when optically combined with turn signals, and the turn signal is in use.
[70 FR 48047, Aug. 15, 2005]
- 393.26 Requirements for Reflectors
(a) Mounting
Reflex reflectors must be mounted at locations required by § 393.11. If mounting 381 mm (15 inches) above the road is impractical, they must be mounted as close as possible to the required height. Reflex reflectors must be securely attached to a rigid part of the vehicle. Temporary reflectors on projecting loads must be securely mounted to the load but need not be permanent.
(b) Specifications
All required reflex reflectors (except those on projecting loads, vehicles in driveaway-towaway operations, and converter dollies/pole trailers) on vehicles manufactured after December 25, 1968, must meet FMVSS No. 108 standards. Reflectors on projecting loads and vehicles in driveaway-towaway operations must meet SAE J594 standards.
(c) Substitute Material for Side Reflectors
Reflective materials conforming to ASTM D 4956-04 can substitute for side reflex reflectors, provided they meet performance standards in SAE J594.
(d) Use of Additional Retroreflective Surfaces
Additional retroreflective surfaces may be used alongside required reflectors, provided the design does not resemble traffic control signs or devices and does not distort the vehicle’s dimensions. These surfaces must be at least 3 inches from any required lamp or reflector unless they match the same color. No red color may be used on the front of a vehicle, except where required for specific markings.
§ 393.27 [Reserved]
§ 393.28 Wiring Systems
All electrical wiring must comply with SAE J1292—Automobile, Truck, Truck-Tractor, Trailer, and Motor Coach Wiring (October 1981), except jumper cable plugs and receptacles are not required to meet SAE J560 standards. The reference to SAE J1292 does not mandate circuit protection for trailers. (Refer to § 393.7(b) for details on incorporation by reference and availability.)
[70 FR 48047, Aug. 15, 2005]
§ 393.29 [Reserved]
§ 393.30 Battery Installation
Every vehicle storage battery must:
- Be covered by a fixed vehicle part or a securely fastened removable cover/enclosure, unless located in the engine compartment.
- Have compartments and adjacent metal parts coated with acid-resistant material to prevent corrosion from leakage, with ventilation and drainage openings provided.
- Include insulated, acid- and waterproof bushings where starting motor cables pass through metal compartments.
For batteries placed under the driver’s seat alongside fuel tanks:
- Each must have a separate partition, independent cover, ventilation, and drainage system.
§§ 393.31–393.33 [Reserved]
Subpart C—Brakes
§ 393.40 Required Brake Systems
(a) General Requirements:
Each commercial motor vehicle must have brakes adequate to stop and hold the vehicle or vehicle combinations, including service, parking, and emergency brake systems, as detailed below:
(b) Service Brakes:
- Hydraulic Brake Systems: Vehicles manufactured on/after September 2, 1983, must meet FMVSS No. 105 requirements as of their manufacturing date. Vehicles exempt from FMVSS No. 105 must comply with §§ 393.42, 393.48, 393.49, 393.51, and 393.52.
- Air Brake Systems: Vehicles with air brakes, manufactured on/after March 1, 1975 (buses/trucks/truck-tractors) or January 1, 1975 (trailers), must meet FMVSS No. 121 standards at the time of manufacture. Vehicles exempt from FMVSS No. 121 must meet applicable sections of this subpart.
- Vacuum Brake Systems: Vehicles with vacuum brakes must comply with §§ 393.42, 393.48, 393.49, 393.51, and 393.52.
- Electric Brake Systems: Vehicles with electric brakes must meet §§ 393.42, 393.48, 393.49, and 393.52.
- Surge Brake Systems: Vehicles equipped with surge brakes must meet §§ 393.42, 393.48, 393.49, and 393.52.
(c) Parking Brakes:
All vehicles must have a parking brake system that meets § 393.41 requirements.
(d) Emergency Brakes—Partial Service Brake Failure:
- Hydraulic Brake Systems: Vehicles manufactured on/after September 2, 1983, with split service brakes must meet the partial failure standards under FMVSS No. 105.
- Air Brake Systems: Vehicles with air brakes manufactured on/after March 1, 1975 (buses/trucks/truck-tractors) or January 1, 1975 (trailers) must meet FMVSS No. 121 standards.
- Exempt Vehicles: Vehicles not covered under FMVSS Nos. 105 or 121 must comply with §§ 393.40(e) or 393.43 for trailers.
(e) Emergency Brakes for Vehicles Manufactured on/after July 1, 1973:
- Vehicles not covered under (d)(1) or (d)(2) must have an emergency brake system integrated into the service brakes or as a separate system, meeting §§ 393.43 and 393.52.
- Controls for applying the emergency brake must be operable by the driver from a seated position while restrained. Combined service, emergency, and parking brake controls are not permitted.
(f) Interconnected Systems:
- Any interconnected brake systems must ensure brake functionality, even with failures in part of the operating mechanism (excluding the service brake pedal/valve). Vehicles manufactured on/after July 1, 1973, must meet § 393.52(b) requirements.
- Vehicles compliant with FMVSS No. 105 (S5.1.2) for partial failure at manufacture are deemed compliant if maintained to FMVSS standards and meet § 393.52(b).
- Buses meeting §§ 393.44 and 393.52(b) satisfy these requirements.
[70 FR 48048, Aug. 15, 2005, amended at 72 FR 9870, Mar. 6, 2007]
§ 393.41 Parking Brake System
(a) Hydraulic-braked Vehicles (Post-September 2, 1983):
Hydraulic-braked trucks and buses must comply with FMVSS No. 571.105 (S5.2) requirements, ensuring the parking brake holds the vehicle under all loading conditions on public roads (free of ice and snow). Exempt vehicles must meet (c) requirements.
(b) Air-braked Vehicles (Post-March 1, 1975):
Vehicles with air brakes (buses, trucks, trailers) manufactured after March 1, 1975 must meet FMVSS No. 121 (S5.6) standards. Certain trailers (e.g., agricultural, heavy hauler) must carry chocks for secure parking.
(c) Vehicles Not Subject to FMVSS Nos. 105/121:
- Such vehicles must have parking brakes adequate to hold them on any grade under loading conditions.
- Parking brakes must apply via muscular effort, spring action, or isolated energy sources.
- Parking brakes must remain applied without reliance on fluid, air, or electric pressure, and they cannot release without sufficient energy to reapply them effectively.
Exception: Air-applied, mechanically-held brakes compliant with FMVSS No. 121 (S5.6) are exempt.
[70 FR 48048, Aug. 15, 2005]
§ 393.42 Brakes Required on All Wheels
(a) General Rule:
All commercial motor vehicles must have brakes on all wheels, including towed vehicles in certain configurations:
- Vehicles towed via tow-bars with full-mounted vehicles.
- Saddlemount configurations with a fullmount.
(b) Exceptions:
- Trucks/truck tractors with three+ axles manufactured before July 25, 1980 are exempt from front wheel brakes but must meet § 393.52.
- Vehicles towed in driveaway-towaway operations (e.g., last truck in triple saddlemounts) are exempt if the combination meets § 393.52.
- Semitrailers or pole trailers under 1,361 kg (3,000 lbs) with axle weight ≤ 40% of the towing vehicle’s axle weight.
§ 393.43 Breakaway and Emergency Braking
(a) Towing Vehicle Protection System
Motor vehicles towing trailers equipped with brakes must have a system that ensures the towing vehicle can stop if the trailer disconnects. For air-braked towing vehicles, a tractor protection valve (or similar device) must activate automatically when the air pressure is between 138 kPa (20 psi) and 310 kPa (45 psi).
(b) Emergency Brake Requirements for Air Brakes
Trucks or truck tractors with air brakes towing vehicles with air brakes must have two ways to activate the trailer’s emergency brakes:
- Automatic Activation: Activates when the towing vehicle’s air supply drops to a fixed pressure between 20 psi and 45 psi.
- Manual Control: A separate, readily accessible control for the driver to operate while seated. The manual system cannot interfere with the automatic system.
The manual and automatic systems may share components but are not required to be separate.
(c) Emergency Brake Requirements for Vacuum Brakes
Trucks or truck tractors towing vehicles with vacuum brakes must have an additional manual control to operate the towed vehicle’s brakes during emergencies. This control must work independently of the primary braking system unless a failure in the pressure system triggers automatic braking. This control does not need to provide gradual braking.
(d) Trailer Breakaway Braking Requirements
Trailers equipped with brakes must have a system that automatically applies the brakes if they disconnect from the towing vehicle. For trailers with fewer than three axles, all brakes must activate and remain applied for at least 15 minutes.
(e) Emergency Valves
Air brake systems on towed vehicles must include “no-bleed-back” relay emergency valves or similar devices to prevent air loss from the brake reservoir when towing vehicle air pressure drops.
(f) Exception
Sections (b), (c), and (d) do not apply to commercial motor vehicles in driveaway-towaway operations.
§ 393.44 Front Brake Lines Protection
Buses equipped with air brakes must have a braking system that allows the driver to apply rear brakes even if a front brake line breaks. The control for the rear brakes can be located in front of the driver’s seat as long as the driver can operate it while restrained by a seatbelt. Buses must meet this requirement or comply with regulations in effect at their time of manufacture.
§ 393.45 Brake Tubing, Hoses, Assemblies, and Fittings
(a) General Requirements
All brake tubing, hoses, assemblies, and fittings must comply with FMVSS No. 106 (49 CFR 571.106).
(b) Installation Requirements
Brake tubing and hoses must:
- Be flexible and long enough to handle all normal movements without damage.
- Be secured to prevent chafing, kinking, or mechanical damage.
- Be positioned away from the vehicle’s exhaust or other high-temperature sources.
(c) Nonmetallic Brake Tubing
Coiled nonmetallic tubing may be used between towing and towed vehicles or adjustable axles if:
- Each end has a straight segment (pigtail) at least 51 mm (2 inches) long, protected by a spring guard or similar device to prevent kinking.
- The spring guard extends 38 mm (1½ inches) into the coiled section and has 51 mm (2 inches) of protection at the fitting interface.
(d) Brake Tubing and Hose Connections
Connections for air, vacuum, or hydraulic brakes must be leak-free, unobstructed, and securely installed to ensure proper brake performance.
§ 393.47 Brake Components: Actuators, Slack Adjusters, Linings, and Drums
(a) General Requirements
Brake components must be designed, installed, and maintained to prevent issues like grabbing or fading and ensure reliable stopping.
(b) Brake Chambers
The service and spring brake chambers on both ends of an axle must be the same size.
(c) Slack Adjusters
The slack adjusters on both ends of an axle must be the same length.
(d) Brake Linings and Pads
- Steering Axle Brakes:
- For air drum brakes: Lining/pad thickness must be at least 4.8 mm (3/16 inch) for continuous linings or 6.4 mm (1/4 inch) for dual pads.
- For air disc brakes: Minimum thickness is 3.2 mm (1/8 inch).
- For hydraulic disc/drum or electric brakes: Minimum thickness is 1.6 mm (1/16 inch).
- Non-Steering Axle Brakes:
- For air drum brakes: Lining/pad thickness must be at least 6.4 mm (1/4 inch).
- For air disc brakes: Minimum thickness is 3.2 mm (1/8 inch).
- For hydraulic or electric brakes: Minimum thickness is 1.6 mm (1/16 inch).
- Wedge Brake Adjustment: The movement of the scribe mark on the brake lining must not exceed 1.6 mm (1/16 inch).
- Drums and Rotors: The thickness of brake drums or rotors must meet or exceed the minimum limits specified by the manufacturer.
- 393.48 Brakes to be operative.
(a) General rule. Except as specified in paragraphs (b), (c), and (d) of this section, all brakes installed on a motor vehicle must remain operational at all times.
(b) Devices to reduce or remove front-wheel braking effort. A commercial motor vehicle may feature a device to reduce front-wheel braking effort (or, for three-axle trucks or truck tractors manufactured prior to March 1, 1975, a device to remove front-wheel braking effort), provided that it complies with paragraphs (b)(1) and (b)(2):
(1) Manually operated devices. Such devices are permissible only on buses, trucks, or truck tractors manufactured before March 1, 1975, and may only be used under adverse conditions, such as wet, icy, or snowy roads.
(2) Automatic devices. These devices must not reduce the front-wheel braking force by more than 50% of the available force when the automatic device is deactivated, regardless of antilock system failures. The device must activate solely upon brake system application and cannot function when the brake control application pressure exceeds 85 psig (air brakes) or 85% of the system’s maximum pressure (non-air brakes).
(c) Exception. Paragraph (a) does not apply to:
(1) Towed vehicles with disabling damage (§ 390.5);
(2) Driveaway-towaway vehicles exempt under § 393.42(b);
(3) Unladen converter dollies with a gross weight ≤ 1,361 kg (3,000 lbs) manufactured before March 1, 1998;
(4) Steering axles on three-axle dollies steered by a co-driver;
(5) Specialized equipment like house-moving dollies or industrial transporters, provided the vehicle combination operates ≤ 32 km/h (20 mph) and stops within 12.2 m (40 feet);
(6) Raised lift axles. Brakes on lift axles must engage when lowered but need not operate while raised.
(d) Surge brakes.
(1) Surge brakes are permitted for:
(i) Trailers ≤ 12,000 lbs GVWR if GVWR ≤ 1.75 times the towing vehicle’s GVWR; and
(ii) Trailers > 12,000 lbs but < 20,001 lbs GVWR, if GVWR ≤ 1.25 times the towing vehicle’s GVWR.
(2) Trailers with missing GVWR labels may use their GVW to confirm compliance.
(3) GVW must be used if it exceeds the GVWR for compliance calculations.
(4) Surge brakes must comply with § 393.40.
[70 FR 48051, Aug. 15, 2005, as amended at 72 FR 9870, Mar. 6, 2007]
- 393.49 Control valves for brakes.
(a) General rule. Motor vehicles manufactured after June 30, 1953, with power brakes must have a single application valve that activates all service brakes. Additional valves for trailers or specific bus operations (§ 393.44) are permissible.
(b) Driveaway-Towaway Exception. This rule does not apply unless the braking system is designed to operate via a single valve.
(c) Surge brake exception. This rule does not apply to trailers meeting § 393.48(d) requirements.
[72 FR 9871, Mar. 6, 2007; 78 FR 58484, Sept. 24, 2013]
- 393.50 Reservoirs required.
(a) Reservoir capacity for air-braked vehicles. Air-braked buses, trucks, and trailers manufactured on or after specific dates must comply with FMVSS No. 121, S5.1.2.
(b) Vehicles not subject to FMVSS No. 121. Vehicles using air or vacuum braking must maintain reserve capacity for at least one full brake application without pressure or vacuum dropping below 70% of pre-application levels.
(c) Safeguarding systems. Air or vacuum reservoirs must include check valves or equivalent devices to prevent pressure loss from failures, which can be tested without disconnections.
(d) Drain valves for air brakes. Reservoirs must feature manually operable condensate drain valves. Automatic valves are allowed if:
(1) They can be operated manually; or
(2) A manual drainage method remains available.
[70 FR 48052, Aug. 15, 2005]
- 393.51 Warning signals, air pressure and vacuum gauges.
(a) General Rule. All buses, trucks, and truck tractors must include a warning signal for brake system failures, as outlined in paragraphs (b)-(e).
(b) Hydraulic brakes. Vehicles manufactured on or after September 1, 1975, must meet FMVSS No. 571.105 (S5.3) indicator lamp requirements. Vehicles produced between July 1, 1973, and September 1, 1975, or not subject to FMVSS No. 571.105, require a continuous, audible or visible warning signal during hydraulic brake failures.
(c) Air brakes. Vehicles with air brakes must include a pressure gauge and warning signal. Vehicles post-March 1, 1975, must comply with FMVSS No. 121 (S5.1.4 and S5.1.5). For earlier vehicles:
(1) A visible pressure gauge indicating available braking pressure; and
(2) A continuous audible/visible signal when pressure ≤ 379 kPa (55 psi) or half the compressor cutout pressure.
(d) Vacuum brakes. Vehicles with vacuum brakes must include:
(1) A vacuum gauge indicating braking vacuum levels; and
(2) A continuous warning signal for vacuum ≤ 203 mm (8 inches) of mercury.
(e) Hydraulic systems assisted by air/vacuum. Vehicles must meet paragraph (b) for hydraulic failures, (c) for air assist systems, or (d) for vacuum assist systems. Gauges are not required—only warning signals.
(f) Exceptions. Vehicles with fewer than three axles, manufactured before July 1, 1973, and with GVWR < 4,536 kg (10,001 lbs) are exempt.
§ 393.52 Brake Performance
(a) Service Brakes:
When applying the service brakes, a motor vehicle or combination of motor vehicles, under any loading condition on a public highway, must be able to:
- Generate a braking force equal to or greater than the percentage of its gross weight as specified in the table in paragraph (d);
- Decelerate from 20 miles per hour at a rate no less than that specified in the table in paragraph (d);
- Come to a complete stop from 20 miles per hour within the distance specified in the table in paragraph (d), measured from the moment the service brake control is activated; or, for vehicles or combinations with a GVWR or GVW exceeding 4,536 kg (10,000 pounds):
- Achieve the braking force described in (a)(1) and the stopping distance in (a)(3) when tested with a performance-based brake tester that meets commercial vehicle specifications. The braking force is the combined force at all wheels as a percentage of the gross weight of the vehicle or combination.
(b) Emergency Brakes:
When using the emergency brake system alone (with no other brakes applied), a motor vehicle or combination of motor vehicles must be able to stop from 20 miles per hour within the distance specified in the table in paragraph (d). This stopping distance is measured from the moment the emergency brake control is engaged.
(c) Testing Conditions:
To determine compliance with the stopping-distance requirements in paragraphs (a) and (b), the following conditions apply:
- The test must be conducted on a hard surface that is level, dry, smooth, and free of loose debris.
- The vehicle must begin the test in the center of a 12-foot-wide lane and must remain within that lane throughout the test.
§ 393.53 Automatic Brake Adjusters and Indicators
(a) Hydraulic Brake Systems
Commercial motor vehicles manufactured on or after October 20, 1993, with hydraulic brake systems must comply with automatic brake adjustment requirements outlined in FMVSS No. 105 (49 CFR 571.105, S5.1) applicable at the time of manufacture.
(b) Air Brake Systems
Vehicles manufactured on or after October 20, 1994, equipped with air brake systems must meet automatic brake adjustment requirements specified in FMVSS No. 121 (49 CFR 571.121, S5.1.8 or S5.2.2).
(c) Brake Adjustment Indicators
Vehicles manufactured on or after October 20, 1994, with air brake systems that include external automatic adjustment mechanisms and exposed pushrods must display brake under-adjustment conditions using indicators conforming to FMVSS No. 121.
§ 393.55 Antilock Brake Systems (ABS)
(a) Hydraulic Brake Systems
Trucks and buses manufactured on or after March 1, 1999, must have ABS meeting FMVSS No. 105 (49 CFR 571.105, S5.5).
(b) ABS Malfunction Indicators
Vehicles subject to (a) must include an ABS malfunction indicator conforming to FMVSS No. 105 (49 CFR 571.105, S5.3).
(c) Air Brake Systems
- Truck Tractors (manufactured on or after March 1, 1997): Must comply with ABS requirements of FMVSS No. 121 (49 CFR 571.121, S5.1.6.1(b)).
- Air-Braked Vehicles (excluding truck tractors) manufactured on or after March 1, 1998: Must meet FMVSS No. 121 standards for trucks, buses, semitrailers, and trailers.
(d) ABS Malfunction Circuits and Signals
- Vehicles manufactured on or after March 1, 1997 (truck tractors) and March 1, 1998 (single-unit vehicles) must signal ABS malfunctions per FMVSS No. 121 (S5.1.6.2(a)).
- Vehicles manufactured on or after March 1, 2001, capable of towing, must transmit ABS malfunction signals to the cab of the towing vehicle.
- Trailers and dollies manufactured on or after March 1, 2001 must signal ABS malfunctions to the towing vehicle and allow signal transmission to towed trailers.
(e) Exterior ABS Indicators for Trailers
Trailers manufactured on or after March 1, 1998 must have ABS malfunction indicator lamps conforming to FMVSS No. 121 (S5.2.3.3).
§ 393.60 Glazing in Windshields and Windows
(a) Glazing Material
Vehicles manufactured on or after December 25, 1968, must use glazing materials meeting FMVSS No. 205.
(b) Windshields Required
All trucks, buses, and truck-tractors must have windshields mounted using the full periphery of the glazing material.
(c) Windshield Condition
Windshields must be free from discoloration or damage except for:
- Legally compliant coloring or tinting;
- Single cracks not intersected by others;
- Small damaged areas no larger than 19 mm (¾ inch) in diameter, spaced at least 76 mm (3 inches) apart.
(d) Tinting Standards
Windshields and side windows adjacent to the driver must allow at least 70% light transmittance.
(e) Obstructions to Driver’s View
- Interior Devices: Devices must be mounted within specified dimensions to ensure visibility. Exceptions apply to safety technologies.
- Decals: Legally required decals may be placed at the bottom or sides of windshields of outside wiper-swept areas and driver’s sight lines.
§ 393.61 Truck Window Construction
Trucks and truck tractors must have at least one window on each side of the driver’s compartment with a minimum area of 1,290 cm² (200 in²), meeting specified dimensional requirements.
§ 393.62 Emergency Exits for Buses
- Post-1994 Buses: Buses must comply with FMVSS No. 217 for emergency exits.
- 1973–1994 Buses: Compliance with FMVSS No. 217 standards for exit glazing or push-out windows.
- Pre-1973 Buses: Emergency exit space requirements include 432 cm² (67 in²) per passenger, using laminated safety glass or push-out windows designed for outward egress.
Fuel Systems and Liquid Fuel Tanks
Subpart E—Fuel Systems
- 393.65 General Requirements for Fuel Systems
(a) Scope. This section establishes rules for systems that store and supply fuel for vehicle operation or auxiliary equipment associated with motor vehicles.
(b) Fuel System Location. Each fuel system must be positioned on the vehicle to ensure:
- No part of the system protrudes beyond the vehicle’s widest point;
- No fuel tank is located ahead of the power unit’s front axle;
- Fuel spilled during refueling does not contact exhaust or electrical systems (excluding the fuel level indicator);
- Fill pipe openings are external to passenger and cargo compartments;
- Fuel lines do not extend between a towing vehicle and its towed unit while in motion; and
- On buses manufactured after January 1, 1973, no fuel system component is located within or above the passenger compartment.
(c) Fuel Tank Attachment. Fuel tanks must be securely mounted to the vehicle in a professional manner.
(d) Prohibition of Gravity/Syphon Feed. Fuel systems must not supply fuel to the carburetor or injector via gravity or syphon feed.
(e) Selection Control Valve Placement. If the vehicle has a driver-operated fuel selection valve for multiple tanks, it must either:
- Be operable without leaving the driver’s seat or attention from the road; or
- Require the vehicle to stop for operation.
(f) Fuel Lines. Fuel lines must not extend more than 2 inches below the tank or sump unless protected, and must:
- Allow for normal movement without damage; and
- Be secured to prevent chafing, kinking, or mechanical damage.
(g) Excess Flow Valve. Systems using pressurized fuel delivery must include a device to stop fuel flow if a fuel feed line breaks.
- 393.67 Liquid Fuel Tank Requirements
(a) Applicability. Rules for liquid fuel tanks depend on tank type, fuel type, and manufacturing date:
- Tanks made on or after January 1, 1973, and side-mounted gasoline tanks must comply fully with this section.
- Diesel tanks on buses made before January 1, 1973, must comply with specified rules for construction and testing.
- Non-bus diesel tanks made before January 1, 1973, must meet specific construction requirements.
- Gasoline tanks (non-side-mounted) on buses made before January 1, 1973, must meet specific construction and testing rules.
- Other pre-1973 gasoline tanks must comply with specified construction rules.
- Vehicles used for private passenger transport can maintain original manufacturer fuel tank standards if the vehicle was exempt during its production.
- Vehicles meeting 49 CFR 571.301 fuel system integrity requirements are exempt from this section.
(b) Definitions.
- A liquid fuel tank stores liquid fuel under normal conditions.
- A side-mounted fuel tank:
- On truck tractors, extends outside the frame and cab outline;
- On trucks, extends outside the tire’s outboard plane. Fill pipes are not part of this definition.
(c) Fuel Tank Construction.
- Joints: Must be welded, brazed, silver soldered, or similarly secured. Crimped joints or soft soldering are not allowed.
- Fittings: Tanks must have suitable flanges/spuds for fittings.
- Threads: Threads must meet SAE Dryseal standards or use gaskets with at least four threads engaged.
- Drains/Bottom Fittings: Drains cannot extend more than ¾ inch below the tank and must allow full drainage while being impact-protected.
- Fuel Withdrawal: Non-diesel tanks must withdraw fuel from above the fuel level.
- Fill Pipes: Must minimize fuel spillage during operation and accidents, support fast filling rates (20 gallons/min for large diesel tanks), and include securely fastened caps.
- Safety Venting: Tanks over 25 gallons must vent internal pressure during fire to prevent rupture.
- Pressure Resistance: Tanks must withstand 150% of the pressure reached during venting tests.
- Air Vents: Tanks require nonspill air vents to manage airflow.
- Markings: Tanks must show liquid capacity and warn against overfilling above 95%.
- Overfill Protection: Tanks must prevent overfilling and account for fuel expansion.
(d) Tank Testing. Tanks must pass safety venting and leakage tests:
- Safety Venting Test: Fuel temperature is raised to ensure vents activate below 50 psi, limiting pressure rise.
- Leakage Test: Tanks must not leak more than 1 ounce of fuel per minute when tilted 150° in any direction.
(e) Side-Mounted Tank Testing. Side-mounted tanks must pass:
- Drop Test: Dropped 30 feet onto a corner; no leaks over 1 ounce per minute.
- Fill-Pipe Impact Test: Dropped 10 feet onto the fill pipe; leakage must remain below 1 ounce per minute.
(f) Certification and Markings. Manufacturers must permanently mark tanks with:
- Manufacture date (month/year);
- Manufacturer name and production facility (post-July 1, 1989); and
- Certification of compliance with either side-mounted or non-side-mounted tank requirements:
- “Meets all FMCSA side-mounted tank requirements,” or
- “Meets all FMCSA requirements for non-side-mounted fuel tanks.”
- 393.68 Compressed Natural Gas (CNG) Fuel Containers
(a) Scope of Application: These regulations apply to CNG fuel containers used in commercial motor vehicles or for powering auxiliary equipment installed on or connected to such vehicles.
(b) CNG Containers Manufactured After March 26, 1995: Any motor vehicle manufactured on or after March 26, 1995, equipped with a CNG fuel tank must comply with the CNG container requirements outlined in FMVSS No. 304 (49 CFR 571.304) in effect at the time of the vehicle’s manufacture.
(c) Labeling: Every CNG fuel container must bear a permanent label, in accordance with FMVSS No. 304, S7.4.
[70 FR 48053, Aug. 15, 2005]
- 393.69 Liquefied Petroleum Gas (LPG) Systems
(a) Compliance with National Standards: Fuel systems utilizing liquefied petroleum gas for motor vehicle operation or auxiliary equipment must adhere to the National Fire Protection Association’s “Standards for the Storage and Handling of Liquefied Petroleum Gases,” as follows:
- Pre-1962 Installations: Systems installed before December 31, 1962, must comply with the 1951 edition of these standards.
- 1962-1972 Installations: Systems installed between December 31, 1962, and January 1, 1973, must conform to Division IV of the June 1959 edition.
- 1973 and Later (for Vehicle Propulsion): Systems installed from January 1, 1973, must meet Division IV of the 1969 edition for fuel used in vehicle propulsion.
- 1973 and Later (for Auxiliary Equipment): Systems installed from January 1, 1973, providing fuel for auxiliary equipment must adhere to Division VII of the 1969 edition.
(b) Future Editions of Standards: Systems may also conform to later editions of these standards, provided they meet the applicable provisions specified.
(c) Tank Marking: Fuel system tanks must be clearly marked to indicate their conformity with the applicable standards.
[36 FR 15445, Aug. 14, 1971, as amended at 37 FR 4342, Mar. 2, 1972; 41 FR 53031, Dec. 3, 1976; 53 FR 49400, Dec. 7, 1988]
Subpart F—Coupling Devices and Towing Methods
- 393.70 Coupling Devices and Towing Methods (Excluding Driveaway-Towaway Operations)
(a) Tracking: When multiple vehicles are operated together, the coupling devices must be designed, constructed, and installed so that, when the combination is driven on a smooth, level surface, the path of the towed vehicle will not deviate more than 3 inches from the path of the towing vehicle.
(b) Fifth Wheel Assemblies:
- Mounting:
- Lower Half: The lower half of a fifth wheel must be securely mounted on the truck tractor or converter dolly frame using appropriately designed brackets, mounting plates, or devices to prevent shifting.
- Upper Half: The upper half must be fastened to the motor vehicle with equivalent security.
- Locking: Every fifth wheel must include a locking mechanism to prevent separation of the upper and lower halves unless manually released. This release should be operable from the cab. If the fifth wheel is designed for easy separation, locking devices must engage automatically upon coupling.
- Location: The fifth wheel’s position must ensure that the weight is properly distributed across the axles of both the towed and towing vehicles, without compromising their steering, braking, or maneuverability.
(c) Towing of Full Trailers: A full trailer must be equipped with a tow-bar and attachment points. These components must:
- Be structurally adequate for the load.
- Be securely mounted.
- Allow for adequate articulation at the connection.
- Include a locking mechanism to prevent accidental separation.
The mounting of the trailer hitch must be reinforced to prevent frame distortion.
(d) Safety Devices for Tow-Bar Failure or Disconnection: Every full trailer and converter dolly must be connected to the towing vehicle with one or more safety devices to prevent disconnection in case of tow-bar failure. These devices must meet the following criteria:
- They must not be attached to the pintle hook or other devices on the towing vehicle.
- They must have minimal slack.
- Their strength must be at least equal to the gross weight of the towed vehicle(s).
- They must secure the tow-bar in case of failure.
Safety chains or cables used as safety devices must be either two separate pieces with hooks or a single piece arranged into a bridle for attachment.
Safety devices must ensure secure attachment and prevent the tow-bar from dropping in case of disconnection. The safety devices must be attached at appropriate points on the towing vehicle.
Here’s a simplified, clearer version of the provided text:
§ 393.71 Coupling Devices and Towing Methods for Driveaway-Towaway Operations
(a) Number in Combination
- A maximum of three saddle-mounts may be used in any combination.
- Only one tow-bar or ball-and-socket coupling device may be used in any combination.
- If using triple saddle-mounts, all but the final towed vehicle must have brakes that act on all wheels touching the road.
(b) Carrying Vehicles on the Towing Vehicle
- Motor vehicles may be securely mounted on the towing vehicle in a driveaway-towaway operation, using an attachment system equivalent to the one specified in paragraph (j)(2) of this section.
- Vehicles cannot be mounted on the towing vehicle unless their weight is properly distributed, ensuring no interference with the towing vehicle’s steering, braking, or maneuvering.
- Saddle-mounted vehicles must be arranged to ensure proper weight distribution to prevent any interference with the towing vehicle’s steering, braking, or maneuvering.
(c) Carrying Vehicles on Towed Vehicles
- Motor vehicles may be securely mounted on towed vehicles in a driveaway-towaway operation, using an attachment system equivalent to the one specified in paragraph (j)(2) of this section.
- No motor vehicle may be mounted on a towed vehicle using a tow-bar unless the towed vehicle is equipped with brakes that act on all wheels and is towed on its own wheels.
- No vehicle may be mounted on a vehicle towed with a saddle-mount unless the attachment to the towing vehicle ensures proper weight distribution and does not interfere with the towing vehicle’s steering, braking, or maneuvering.
- If a vehicle is mounted on a saddle-mounted vehicle, the saddle-mounted vehicle must have effective brakes acting on all wheels in contact with the road.
(d) Prohibition of Bumper Tow-Bars on Heavy Vehicles
Tow-bars that use bumpers for transmitting forces between vehicles are prohibited for towing motor vehicles weighing more than 5,000 pounds.
(e) Restraint of Front Wheels on Saddle-Mounted Vehicles
A motor vehicle towed by saddle-mount must have its front wheels restrained if, during turning, they could extend beyond the width of either the towed or towing vehicle.
(f) Towing Vehicles in Forward Position
Unless the steering mechanism is locked in a straight position, all motor vehicles towed by saddle-mount must have the front end mounted on the towing vehicle.
(g) Required Means for Towing
In driveaway-towaway operations, vehicles can only be towed using a tow-bar, ball-and-socket coupling device, saddle-mount connections meeting the section requirements, or a fifth-wheel for semi-trailers as specified in § 393.70.
(h) Tow-Bar Requirements
- Tow-bars must be structurally adequate, properly installed, and well-maintained.
- Jointed Tow-bars
The tow-bar must be designed to allow motion in both horizontal and vertical planes between the towed and towing vehicles. It should prevent the transmission of stresses under normal operation, except along the longitudinal axis of the tow-bar.
- Tow-bar Fastenings
The fastening system, used to transmit stress to the chassis or frames of both the towed and towing vehicles, can be temporary structures, bumpers, or other integral parts. These fastenings must be constructed, installed, and maintained so that when tested, they do not fail under the weakest permissible tow-bar. - Adjusting Length
For adjustable tow-bars, the adjustment mechanism must fit tightly, preventing slackness or bending. When the tow-bar is supported at both ends and has a 50-pound load at the center, the sag must not exceed 0.25 inches in any direction. - Clamping Method
Tow-bars must have secure means of fastening them to both the towed and towing vehicles. - Connection to Steering Mechanism
The tow-bar must be attached to and able to actuate the steering mechanism of the towed vehicle (if any). The attachment should allow the towed vehicle’s front wheels to move sufficiently, following the towing vehicle’s path without restricting the tow-bar. The tow-bar should have joints that allow this movement. - Tracking
The tow-bar must be designed and mounted so the towed vehicle follows the towing vehicle’s path. Any design that allows the towed vehicle to deviate more than 3 inches from the path of the towing vehicle is prohibited. - Passenger Car-Trailer Couplings
Trailer couplings used in driveaway-towaway operations for passenger car trailers must comply with the Society of Automotive Engineers (SAE) Standard No. J684c, “Trailer Couplings and Hitches—Automotive Type,” July 1970. - Tow-bar Marking
Tow-bars used in driveaway-towaway operations must be clearly marked with the following certification:
“This tow-bar complies with the FMCSA requirements for (maximum gross weight for which tow-bar is manufactured) vehicles.
Allowable Maximum Gross Weight:
Manufactured: (month and year)
By: (name of manufacturer)”
If the tow-bar was manufactured before this regulation’s effective date, it must still meet the requirements in effect at the time of manufacture.
- Safety Devices for Tow-bar Failure or Disconnection
(i) The towed vehicle must be connected to the towing vehicle with a safety device to prevent the towed vehicle from becoming detached in case of a tow-bar failure. If safety chains or cables are used, at least two must meet the requirements, and their tensile strength must be at least equivalent to the tow-bar’s longitudinal strength.
(ii) If using safety chains or cables, they must be crossed and attached near the bumper attachment points of both vehicles. The length should be just enough to allow for free turning, and they should be attached as close as possible to the crossing point.
(iii) If using a safety device other than chains or cables, it must provide equal or greater strength and stability to prevent the tow-bar from dropping if it fails or disconnects.
Requirements for the Upper Half of Saddle-Mounts
The upper half of any saddle-mount must meet the following specifications:
- Connection to the Towed Vehicle
The upper half must be securely attached to the frame or axle of the towed vehicle using U-bolts or other secure methods that provide equivalent strength. - U-Bolts or Other Attachments
U-bolts used to connect the upper half to the towed vehicle must be made of defect-free steel rod and must not have a radius of less than 1 inch at any point. However, a smaller radius is permissible if the U-bolt is designed so that the cross-sectional area at the points of curvature is reduced by no more than 5%. In this case, the minimum radius can be as small as one-sixteenth inch. - U-Bolts and Support Points Location
The distance between the two most widely separated U-bolts must be at least 9 inches. Similarly, the distance between the points where the upper half supports the towed vehicle must also be no less than 9 inches. However, saddle-mounts that use ball-and-socket joints must incorporate a device that clamps the axle of the towed vehicle over a length of at least 5 inches. - Cradle-Type Upper-Halves Specifications
Upper halves of the cradle-type, which use vertical members to prevent the towed vehicle from moving relative to the towing vehicle, must be robust and suitable for the intended purpose. These cradle mounts should include at least one bolt or equivalent mechanism to prevent vertical movement between the upper-half and the towed vehicle. If bolts are used, they must be at least half an inch in diameter. Equivalent mechanisms must provide equal strength. The system should prevent any vertical motion greater than half an inch. The distance between the most widely separated points of support between the upper-half and the towed vehicle must be at least 9 inches. - Lateral Movement of the Towed Vehicle
(i) For towed vehicles with a straight axle or an axle that drops less than 3 inches (unless the saddle-mount is constructed according to section (m)(2)), the vehicle must be securely fastened using chains or cables to the upper-half to prevent lateral movement. These chains or cables must be at least 3/16 inch in diameter and secured with bolts of equal or greater diameter.
(ii) For towed vehicles with an axle that has a drop of 3 inches or more, or those connected by a saddle-mount as outlined in section (m)(2), chains or cables are not required, provided the upper-half is designed to prevent lateral motion.
(iii) If the upper-half is properly designed to prevent lateral movement of the axle, chains or cables are unnecessary.
Requirements for the Lower Half of Saddle-Mounts
- U-Bolts or Other Attachments
U-bolts used to attach the lower half to the towing vehicle must be made from defect-free steel rod and must be shaped to avoid a radius smaller than 1 inch. A smaller radius may be acceptable if the U-bolt is fabricated to ensure the cross-sectional area at the points of curvature is reduced by no more than 5%. In this case, the minimum radius should be one-sixteenth inch. - Shifting
The design and installation must ensure that there is no relative movement between the lower-half and the towing vehicle, particularly during rapid acceleration and deceleration. For tripod-type designs, adequate provisions such as securely fastened hold-back chains or similar devices must be included to prevent shifting. - Swaying
(i) The design and installation must adequately prevent swaying or lateral movement of the towed vehicle relative to the towing vehicle. For lower-halves with cross-members that are attached but separable from vertical members, these cross-members must be securely fastened to the vertical members with at least two bolts on each side. These bolts must have a cross-sectional area equivalent to the U-bolts required for the corresponding saddle-mount, as specified in the table in paragraph (k)(1). The minimum distance between the most widely separated support points of the cross-member by the vertical member must be at least three inches, measured parallel to the longitudinal axis of the towing vehicle.
(ii) The lower-half must have a bearing surface on the towing vehicle’s frame that ensures the pressure exerted by the lower-half does not exceed 200 pounds per square inch under any conditions of static loading. If hardwood blocks or other suitable materials (such as hard rubber, aluminum, or brake lining) are used between the lower-half and the frame, they must be at least 1/2 inch thick, 3 inches wide, and have a combined length of at least 6 inches.
(iii) Under no circumstances shall the highest point of support of the towed vehicle by the upper-half be more than 24 inches above the top of the towing vehicle’s frame, measured at the point where the lower-half rests on the towing vehicle.
- Wood Blocks
(i) High-quality hardwood blocks may be used to raise the front end of the towed vehicle, provided that the total height does not exceed 8 inches, and no more than two blocks are stacked to achieve the desired height. However, up to four blocks may be used, with a total height of up to 14 inches, if the total cross-sectional area of the U-bolts used to attach the lower-half is at least 50% greater than the minimum specified in the table in paragraph (k)(1). If alternative devices are used instead of U-bolts, they must provide equivalent resistance to bending.
(ii) Hardwood blocks must be at least 4 inches wide. The surfaces between blocks, or between blocks and the lower-half or upper-half, must be planed and installed in a manner that minimizes the risk of swaying or rocking of the towed vehicle.
- Cross-Member, General Requirements
The cross-member, which distributes the weight of the towed vehicle evenly across the frame of the towing vehicle, must be structurally adequate, properly installed, and maintained to effectively perform its function. - Cross-Member, Use of Wood
Only suitable metals may be used for the cross-member. Wood cannot be used structurally in a manner that subjects it to tensile stresses. However, wood may be used in cross-members if it is supported along its entire length by suitable metal cross-members. - Lower-Half Strength
The lower-half must be capable of supporting the loads specified in the table provided.
Requirements for Devices Used to Connect Motor Vehicles or Parts of Motor Vehicles to Form One Vehicle
- Front Axle Attachment
The front axle of one motor vehicle, when coupled with another vehicle or parts of vehicles to form a single unit, must be securely attached using U-bolts that meet the specifications outlined in paragraph (j)(2) of this section. - Rear Axle Attachment
The rear axle of one vehicle must be connected to the frame of the other vehicle using a connecting device that forms a rectangular shape when in place. This device must consist of two components: a top and a bottom. The device should be made from 4-inch by 1/2-inch steel bar, bent to the required shape, and have reinforced corners using a plate measuring at least 3 inches by 1/2 inch by 8 inches in length. The two parts of the device must be bolted together using 3/4-inch bolts, with a minimum of three bolts on each side. If wood is used as spacers to maintain proper separation between the frames, it must be at least 4 inches square.
Subpart G—Miscellaneous Parts and Accessories
- 393.75 Tires
(a) A motor vehicle must not be operated on any tire that:
- Exposes body ply or belt material through the tread or sidewall,
- Has any separation in the tread or sidewall,
- Is flat or has an audible leak, or
- Has a cut that exposes ply or belt material.
(b) Tires on the front wheels of a bus, truck, or truck tractor must have a tread groove depth of at least 4/32 inch when measured at any point along a major tread groove. Measurements should exclude areas with tie bars, humps, or fillets.
(c) For all other tires, the tread groove depth must be at least 2/32 inch in a major tread groove, excluding areas with tie bars, humps, or fillets.
(d) A bus must not be operated with regrooved, recapped, or retreaded tires on the front wheels.
(e) A regrooved tire with a load-carrying capacity of 2,232 kg (4,920 pounds) or greater may not be used on the front wheels of any truck or truck tractor.
(f) A motor vehicle must not be operated with speed-restricted tires (labeled with a maximum speed of 55 mph or less, in accordance with S6.5(e) of FMVSS No. 119) at speeds that exceed the tire’s rated limit.
Subpart G—Miscellaneous Parts and Accessories
- 393.75 Tires
(a) A motor vehicle must not be operated on any tire that:
- Exposes body ply or belt material through the tread or sidewall,
- Has any separation in the tread or sidewall,
- Is flat or has an audible leak, or
- Has a cut that exposes ply or belt material.
(b) Tires on the front wheels of a bus, truck, or truck tractor must have a tread groove depth of at least 4/32 inch when measured at any point along a major tread groove. Measurements should exclude areas with tie bars, humps, or fillets.
(c) For all other tires, the tread groove depth must be at least 2/32 inch in a major tread groove, excluding areas with tie bars, humps, or fillets.
(d) A bus must not be operated with regrooved, recapped, or retreaded tires on the front wheels.
(e) A regrooved tire with a load-carrying capacity of 2,232 kg (4,920 pounds) or greater may not be used on the front wheels of any truck or truck tractor.
(f) A motor vehicle must not be operated with speed-restricted tires (labeled with a maximum speed of 55 mph or less, in accordance with S6.5(e) of FMVSS No. 119) at speeds that exceed the tire’s rated limit.
- 393.76 Sleeper Berths
(a) Dimensions
- Size: A sleeper berth must have the following minimum dimensions:
| Date of installation on motor vehicle | Length measured on centerline of longitudinal axis (inches) | Width measured on centerline of transverse axis (inches) | Height measured from highest point of top of mattress (inches)1 |
| Before January 1, 1953 | 72 | 18 | 18 |
| After December 31, 1952, and before October 1, 1975 | 75 | 21 | 21 |
| After September 30, 1975 | 75 | 24 | 24 |
- 393.76 Sleeper Berths
(a) Dimensions
- Shape: A sleeper berth installed on a motor vehicle on or after January 1, 1953, must have a generally rectangular shape. However, the horizontal and roof corners may be rounded, with radii not exceeding 10 1/2 inches.
- Access: The sleeper berth must be designed to allow easy entrance and exit for the occupant without unnecessary hindrances.
(b) Location
- Sleeper berths cannot be installed in or on a semitrailer or full trailer, except for house trailers.
- If located within the vehicle’s cargo space, the sleeper berth must be compartmentalized and securely separated from the cargo area. Sleeper berths installed on or after January 1, 1953, must be situated within or adjacent to the cab, securely fastened to it.
(c) Exit from the Berth
- Except as outlined in paragraph (c)(2), there must be a direct and easy means of exit from the sleeper berth to the driver’s seat or compartment. For berths installed on or after January 1, 1963, the exit must be a doorway or opening at least 18 inches high and 36 inches wide. For berths installed before January 1, 1963, the exit must accommodate an ellipse with a 24-inch major axis and 16-inch minor axis.
- Sleeper berths installed before January 1, 1953, must either:
(i) Meet the requirements in paragraph (c)(1), or
(ii) Have two exits, each at least 18 inches high and 21 inches wide, at opposite ends of the vehicle, and accessible by the occupant without assistance.
(d) Communication with the Driver
If the sleeper berth is not within the driver’s compartment and lacks direct access to it, there must be a communication system between the occupant and the driver. This can include a telephone, speaker tube, buzzer, pull cord, or another device.
(e) Equipment
The sleeper berth must be adequately equipped for sleeping, which includes:
- Sufficient bedclothing and blankets.
- One of the following options:
(i) Springs and a mattress,
(ii) An innerspring mattress,
(iii) A cellular rubber or flexible foam mattress at least 4 inches thick, or
(iv) A mattress filled with a fluid that prevents “bottoming-out” when occupied while the vehicle is moving.
(f) Ventilation
The sleeper berth must have louvers or other means for proper ventilation and be sufficiently sealed against dust and rain.
(g) Protection Against Exhaust and Fuel Leaks and Heat
The sleeper berth must be located to prevent exposure to leaks from the vehicle’s exhaust or fuel system, as well as exhaust gases or excessive heat. It should not be positioned near exhaust systems in a way that could cause overheating or damage.
(h) Occupant Restraint
A motor vehicle manufactured on or after July 1, 1971, and equipped with a sleeper berth, must include a restraint system designed to prevent the occupant from being ejected during vehicle deceleration. The system must be capable of withstanding a minimum force of 6,000 pounds applied toward the front of the vehicle and parallel to its longitudinal axis.
- 393.77 Heaters
Every motor vehicle must comply with the following heater requirements:
(a) Prohibited Heater Types: The following heater types are strictly prohibited:
- Exhaust Heaters: Heaters that channel engine exhaust gases into or through any space occupied by people, or those that bring air from the engine compartment into any occupied space.
- Unenclosed Flame Heaters: Any heater with an open flame, except when used for heating the cargo in tank motor vehicles.
- Heaters Allowing Fuel Leakage: Heaters where fuel could spill or leak from the burner when the vehicle tilts or overturns.
- Heaters Contaminating Air: Heaters that take air from the engine compartment or exhaust system, or those that bring outside air into the engine compartment without preventing contamination from exhaust or engine gases.
- Solid Fuel Heaters (Except Wood Charcoal): Heaters using any solid fuel other than wood charcoal.
- Portable Heaters: Portable heaters are prohibited in any space occupied by persons, except in the cargo space of motor vehicles being loaded or unloaded.
(b) Heater Specifications: Heaters must meet the following criteria:
- Heating Element Protection: Heaters should be placed or shielded to avoid contact with occupants, and any exposed parts should not exceed a temperature that could cause burns. Wood charcoal heaters must be enclosed in a metal barrel or similar protective casing, with a securely fastened cover.
- Protection from Moving Parts: Fans, belts, or any other moving parts in heaters must be guarded to prevent injury to passengers.
- Secure Mounting: All heaters and enclosures must be securely fastened to prevent movement during normal use or in the event of an accident. This includes ensuring that exhaust stacks, pipes, and conduits are properly mounted to prevent disassembly during a vehicle overturn.
- Fuel Tank and Heater Position: If there is relative motion between the fuel tank and heater, or between the heater and fuel lines, a suitable method must be provided to accommodate this motion without causing fuel line failure.
- Operating Controls Protection: On buses designed to carry more than 15 passengers, operating controls must be protected from tampering by unauthorized individuals. This may include remote control by the driver, inaccessible control placements, or locked control enclosures.
- Heater Hoses: Hoses for hot water and steam heating systems must be designed specifically for that purpose.
- Electrical Components: Any heater with electrical components must have conductors, switches, connectors, and other parts capable of carrying sufficient current without overheating. Motors must be adequately sized and protected from overheating. Electrical circuits must include fuses or circuit breakers, and wires must be secured to avoid damage.
Note: Electrical parts certified by Underwriters’ Laboratories, Inc., are considered compliant with these requirements. - Storage Battery Caps: If a separate storage battery is inside the passenger or cargo space, it must be securely mounted and fitted with nonspill filler caps.
- Combustion Heater Exhaust: Heaters using oil, gas, liquefied petroleum gas, or other fuels must have robust systems to expel combustion products outside the vehicle. This does not apply to heaters solely used to heat cargo spaces where the carbon monoxide concentration is kept under 0.2%. Exhaust pipes should be sturdy, securely fastened, and, if necessary, insulated to prevent damage to the vehicle from heat.
- Combustion Chamber Construction: Combustion-type heaters must be constructed to prevent leakage of combustion products into the air being heated. The materials used must withstand corrosion and deterioration, and the design must prevent leakage between chambers.
- Fuel Tank Location: For buses carrying more than 15 passengers with combustion heaters, fuel tanks must be placed outside and lower than the passenger area, with protection against puncturing from flying debris.
- Automatic Fuel Control: Heaters using liquid fuels must have automatic shut-off systems to stop fuel flow in the event of vehicle overturn, preventing fuel leakage. Heaters using liquefied petroleum gas must have automatic shut-off systems at the fuel supply source in case of line disconnection.
- Indicator Systems: Heaters not equipped with automatic controls must have “tell-tale” indicators to show the driver when the heater is functioning correctly, excluding those used solely for cargo space in semitrailers or full trailers.
- Shut-Off Control: An automatic or manual shut-off control must be provided to disconnect the fuel and electrical supply if the heater malfunctions, over-heats, or fails to function properly. This does not apply to wood charcoal heaters or those used exclusively for cargo tank vehicles, though charcoal heaters must have controlled airflow regulation.
- Certification Requirements: Combustion-type heaters (except wood charcoal) manufactured after December 31, 1952, and wood charcoal heaters made after September 1, 1953, must be clearly marked to indicate their intended use and include certification from the manufacturer that they meet applicable standards.
(c) Exception: Catalytic heaters used in transporting flammable liquids or gases must meet the certification standards set under § 177.834(1).
§ 393.78 Windshield Wiping and Washing Systems
(a) Vehicles Manufactured After December 25, 1968
Every bus, truck, and truck-tractor manufactured after December 25, 1968, must be equipped with a windshield wiping system that complies with FMVSS No. 104 (S4.1) and a windshield washing system that meets FMVSS No. 104 (S4.2.2), both based on the manufacturing date.
(b) Vehicles Manufactured Between June 30, 1953, and December 24, 1968
These vehicles must have a power-driven windshield wiping system with at least two wiper blades, one on each side of the windshield’s centerline. Vehicles using vacuum for the wiper system must ensure it performs properly despite changes in intake manifold pressure.
(c) Driveaway-Towaway Operations
Windshield wiping and washing systems do not need to be functional while a commercial motor vehicle is being towed in a driveaway-towaway operation.
§ 393.79 Windshield Defrosting and Defogging Systems
(a) Vehicles Manufactured After December 25, 1968
Every bus, truck, and truck-tractor manufactured after December 25, 1968, must have a windshield defrosting and defogging system that meets FMVSS No. 103.
(b) Vehicles Manufactured Before December 25, 1968
These vehicles must have a system to prevent the accumulation of ice, snow, frost, or condensation that could obstruct the driver’s view through the windshield.
§ 393.80 Rear-Vision Mirrors
(a) Requirements
All buses, trucks, and truck-tractors must be equipped with two rear-vision mirrors, one on each side, securely attached to reflect a rearward view of the highway and the vehicle’s sides. These mirrors must comply with FMVSS No. 111.
(b) Exceptions
- Mirrors on vehicles made before January 1, 1981, may remain in service but must comply with FMVSS No. 111 if replaced.
- Trucks with an interior mirror providing a clear rear view need only one exterior mirror on the driver’s side.
- In driveaway-towaway operations, at least one rearview mirror must provide a clear rear view.
§ 393.81 Horn
All buses, trucks, truck-tractors, and vehicles in driveaway-towaway operations must be equipped with a functional horn and actuating elements that provide an adequate warning signal.
§ 393.82 Speedometer
Each bus, truck, and truck-tractor must be equipped with a speedometer that indicates vehicle speed in miles per hour or kilometers per hour. The speedometer must be accurate within 8 km/h (5 mph) at 80 km/h (50 mph).
§ 393.83 Exhaust Systems
(a) System Requirements
Vehicles with devices expelling harmful fumes must direct the discharge away from combustible parts. No exhaust part should be positioned where it could damage electrical wiring, fuel supply, or any other combustible part.
(b) Exhaust Discharge Location
- The exhaust system of a gasoline-powered bus must discharge at or within 6 inches of the rearmost part of the bus.
- For buses using fuels other than gasoline, exhaust must discharge at or within 15 inches of the rearmost part or behind all openable doors/windows.
- The exhaust system of a truck or truck-tractor must discharge at or near the rear of the cab, or above the cab if the exhaust projects above it.
(c) System Maintenance
Exhaust systems should not be temporarily repaired with wraps or patches. The exhaust system must be securely fastened to the vehicle and allow for movement due to heat expansion.
(d) Leaks
The exhaust system must not leak or discharge fumes below or forward of the driver/sleeper compartment, and may discharge above the cab/sleeper roofline.
§ 393.84 Floors
Floors in all vehicles must be sturdy, free from unnecessary holes or openings, and constructed to minimize the entry of fumes, exhaust gases, or fire. They should not be permeated by oil or substances that could cause injury due to a loss of traction.
- 393.85 [Reserved]
- 393.86 Rear Impact Guards and Rear-End Protection
(a) General Requirements for Trailers and Semitrailers Manufactured After January 26, 1998
- Every trailer and semitrailer with a gross vehicle weight rating of 4,536 kg (10,000 pounds) or more, manufactured on or after January 26, 1998, must be equipped with a rear impact guard that meets the specifications of Federal Motor Vehicle Safety Standard No. 223 (49 CFR 571.223) in effect at the time of manufacturing. Additionally, the vehicle must comply with the requirements of FMVSS No. 224 (49 CFR 571.224) once the rear impact guard is installed.
This section does not apply to the following vehicle types: pole trailers (as defined in § 390.5), pulpwood trailers, low chassis vehicles, special purpose vehicles, wheels back vehicles, road construction controlled horizontal discharge trailers (as defined in § 393.5), and trailers towed in driveaway-towaway operations (as defined in § 390.5). - Impact Guard Width
The horizontal member of the guard must extend to within 100 mm (4 inches) of the vehicle’s side extremities but cannot extend beyond them. - Guard Height
The vertical distance between the bottom edge of the horizontal member and the ground must not exceed 560 mm (22 inches) across the full width of the guard. Guards with rounded corners may curve upwards within 255 mm (10 inches) of the longitudinal vertical planes tangent to the vehicle’s side extremities. - Guard Rear Surface
At any height 560 mm (22 inches) or more above the ground, the rearmost surface of the horizontal guard must be within 305 mm (12 inches) of the rear extremity of the vehicle. This does not prevent the rear surface from extending beyond the rear extremity, and rounded corner guards may curve forward within 255 mm (10 inches) of the side extremities. - Cross-Sectional Vertical Height
The horizontal member of the guard must have a minimum vertical height of 100 mm (3.94 inches) at any point across the guard’s width. - Certification and Labeling Requirements
Each rear impact guard must be permanently marked or labeled in accordance with FMVSS No. 223 (49 CFR 571.223, S5.3). The label must be placed on the forward or rearward facing surface of the horizontal member and be clearly visible for inspection. It should contain the following information:
(i) Manufacturer’s name and address
(ii) The statement “Manufactured in ___” (indicating the month and year of manufacture)
(iii) The letters “DOT” to certify that the guard meets FMVSS No. 223 requirements.
(b) Requirements for Motor Vehicles Manufactured After December 31, 1952 (excluding certain vehicles)
- Any motor vehicle manufactured after December 31, 1952, with a vertical distance greater than 76.2 cm (30 inches) between the rear bottom edge of the body or chassis and the ground, when empty, must be equipped with rear impact guard(s). The guard(s) must be installed and maintained so that:
(i) The vertical distance from the bottom of the guard(s) to the ground does not exceed 76.2 cm (30 inches) when the vehicle is empty.
(ii) The maximum lateral distance between multiple guards does not exceed 61 cm (24 inches).
(iii) The outermost surfaces of the guard’s horizontal member are no more than 45.7 cm (18 inches) from each side extremity.
(iv) The guard(s) are no more than 61 cm (24 inches) forward of the vehicle’s rear extremity. - Construction and Attachment
Rear impact guard(s) must be substantially constructed and securely attached through bolts, welding, or comparable methods. - Alternative Compliance
Low chassis vehicles, special purpose vehicles, and wheels back vehicles whose body or chassis provides rear-end protection comparable to impact guard(s) meeting the requirements of this section are considered compliant.
[64 FR 47708, Sept. 1, 1999; amended at 67 FR 61824, Oct. 2, 2002; 86 FR 62111, Nov. 9, 2021]
- 393.87 Warning Flags on Projecting Loads
(a) Commercial motor vehicles transporting loads that extend more than 102 mm (4 inches) beyond the sides or more than 1,219 mm (4 feet) beyond the rear must mark the load’s extremities with red or orange fluorescent warning flags. Each flag must be at least 457 mm (18 inches) square.
(b) Position of Flags
- One flag is required at the extreme rear for loads up to two feet wide.
- Two flags are required for loads wider than two feet.
Flags should be positioned to indicate the load’s maximum width extending beyond the sides and/or rear of the vehicle.
[70 FR 48054, Aug. 15, 2005]
- 393.88 Television Receivers
Any motor vehicle equipped with a television viewer or screen visible to the driver must ensure that it is located in a position behind the back of the driver’s seat. The screen must not be visible to the driver while driving, and the operating controls must be positioned so the driver cannot operate them without leaving the driver’s seat.
- 393.89 Buses, Driveshaft Protection
Any driveshaft extending under the floor of a bus’s passenger compartment must be protected by a guard or bracket at the end of the shaft with a sliding connection, to prevent whipping in case of failure. A shaft contained within a torque tube does not require additional protection.
[33 FR 19735, Dec. 25, 1968; amended at 53 FR 49402, Dec. 7, 1988]
- 393.90 Buses, Standee Line or Bar
Buses designed for standees must have a clearly marked line or bar to indicate the area where standees are prohibited, typically at least 2 inches wide. A sign must be posted near the front of the bus, clearly stating the violation of regulations if persons occupy the prohibited area. This requirement does not apply to buses in driveaway-towaway operations or to other levels of the bus beyond the driver’s level.
- 393.91 Buses, Aisle Seats Prohibited
Buses cannot have aisle seats unless they are designed to automatically fold, clearing the aisle when unoccupied. All seats in the bus must be securely fastened.
[53 FR 49402, Dec. 7, 1988]
- 393.92 [Reserved]
- 393.93 Seats, Seat Belt Assemblies, and Seat Belt Assembly Anchorages
(a) Buses
- Buses Manufactured Between January 1, 1965, and July 1, 1971
After June 30, 1972, all buses manufactured between January 1, 1965, and July 1, 1971, must be equipped with a Type 1 or Type 2 seat belt assembly that meets the requirements of Federal Motor Vehicle Safety Standard No. 209 (§ 571.209) at the driver’s seat. The seat belt assembly must be installed with anchorages that comply with the location and geometric requirements of Federal Motor Vehicle Safety Standard No. 2101 (§ 571.210). - Buses Manufactured After July 1, 1971
All buses manufactured on or after July 1, 1971, must comply with the provisions of Federal Motor Vehicle Safety Standard No. 2081 (§ 571.208) concerning seat belt assembly installation and Federal Motor Vehicle Safety Standard No. 2101 (§ 571.210) concerning seat belt assembly anchorages. - Buses Manufactured After January 1, 1972
All buses manufactured on or after January 1, 1972, must comply with the requirements of Federal Motor Vehicle Safety Standard No. 2071 (§ 571.207) for seating systems.
(b) Trucks and Truck Tractors
- Trucks and Truck Tractors Manufactured Between January 1, 1965, and July 1, 1971
After June 30, 1972, trucks and truck tractors manufactured between January 1, 1965, and July 1, 1971, must be equipped with a Type 1 or Type 2 seat belt assembly that conforms to Federal Motor Vehicle Safety Standard No. 209 (§ 571.209). This assembly must be installed at the driver’s seat and, if applicable, the right front outboard seat. The seat belt assembly anchorages must meet the location and geometric requirements of Federal Motor Vehicle Safety Standard No. 210 (§ 571.210). - Trucks and Truck Tractors Manufactured After July 1, 1971
All trucks and truck tractors manufactured on or after July 1, 1971, must comply with the requirements of Federal Motor Vehicle Safety Standard No. 208 (§ 571.208) concerning seat belt assembly installation and Federal Motor Vehicle Safety Standard No. 2101 (§ 571.210) concerning seat belt assembly anchorages. This excludes trucks or truck tractors transported in driveaway-towaway operations or those with an incomplete vehicle seating and cab configuration. - Trucks and Truck Tractors Manufactured After January 1, 1972
All trucks and truck tractors manufactured on or after January 1, 1972, must comply with the requirements of Federal Motor Vehicle Safety Standard No. 2071 (§ 571.207) for seating systems, excluding vehicles in driveaway-towaway operations or those with incomplete vehicle seating and cab configurations.
(c) Effective Date of Standards
Whenever compliance with a Federal Motor Vehicle Safety Standard is required under paragraph (a) or (b), the vehicle must adhere to the version of the standard that was in effect at the time the vehicle was manufactured or when the vehicle was modified to comply, whichever is later.
(d) Trucks and Truck Tractors in Hawaii
Trucks and truck tractors manufactured between January 1, 1965, and July 1, 1971, and operated in Hawaii, must meet the requirements specified in paragraph (b) starting January 1, 1976.
- 393.92 [Reserved]
- 393.93 Seats, Seat Belt Assemblies, and Seat Belt Assembly Anchorages
(a) Buses
- Buses Manufactured Between January 1, 1965, and July 1, 1971
After June 30, 1972, all buses manufactured between January 1, 1965, and July 1, 1971, must be equipped with a Type 1 or Type 2 seat belt assembly that meets the requirements of Federal Motor Vehicle Safety Standard No. 209 (§ 571.209) at the driver’s seat. The seat belt assembly must be installed with anchorages that comply with the location and geometric requirements of Federal Motor Vehicle Safety Standard No. 2101 (§ 571.210). - Buses Manufactured After July 1, 1971
All buses manufactured on or after July 1, 1971, must comply with the provisions of Federal Motor Vehicle Safety Standard No. 2081 (§ 571.208) concerning seat belt assembly installation and Federal Motor Vehicle Safety Standard No. 2101 (§ 571.210) concerning seat belt assembly anchorages. - Buses Manufactured After January 1, 1972
All buses manufactured on or after January 1, 1972, must comply with the requirements of Federal Motor Vehicle Safety Standard No. 2071 (§ 571.207) for seating systems.
(b) Trucks and Truck Tractors
- Trucks and Truck Tractors Manufactured Between January 1, 1965, and July 1, 1971
After June 30, 1972, trucks and truck tractors manufactured between January 1, 1965, and July 1, 1971, must be equipped with a Type 1 or Type 2 seat belt assembly that conforms to Federal Motor Vehicle Safety Standard No. 209 (§ 571.209). This assembly must be installed at the driver’s seat and, if applicable, the right front outboard seat. The seat belt assembly anchorages must meet the location and geometric requirements of Federal Motor Vehicle Safety Standard No. 210 (§ 571.210). - Trucks and Truck Tractors Manufactured After July 1, 1971
All trucks and truck tractors manufactured on or after July 1, 1971, must comply with the requirements of Federal Motor Vehicle Safety Standard No. 208 (§ 571.208) concerning seat belt assembly installation and Federal Motor Vehicle Safety Standard No. 2101 (§ 571.210) concerning seat belt assembly anchorages. This excludes trucks or truck tractors transported in driveaway-towaway operations or those with an incomplete vehicle seating and cab configuration. - Trucks and Truck Tractors Manufactured After January 1, 1972
All trucks and truck tractors manufactured on or after January 1, 1972, must comply with the requirements of Federal Motor Vehicle Safety Standard No. 2071 (§ 571.207) for seating systems, excluding vehicles in driveaway-towaway operations or those with incomplete vehicle seating and cab configurations.
(c) Effective Date of Standards
Whenever compliance with a Federal Motor Vehicle Safety Standard is required under paragraph (a) or (b), the vehicle must adhere to the version of the standard that was in effect at the time the vehicle was manufactured or when the vehicle was modified to comply, whichever is later.
(d) Trucks and Truck Tractors in Hawaii
Trucks and truck tractors manufactured between January 1, 1965, and July 1, 1971, and operated in Hawaii, must meet the requirements specified in paragraph (b) starting January 1, 1976.
Subpart I—Protection Against Shifting and Falling Cargo
Source: 67 FR 61225, Sept. 27, 2002, unless otherwise noted.
§ 393.100 Applicability and General Requirements for Cargo Securement Standards
(a) Applicability:
These rules apply to trucks, truck tractors, semitrailers, full trailers, and pole trailers.
(b) Prevention of Cargo Loss:
When transporting cargo on public roads, commercial motor vehicles must be loaded, equipped, and the cargo secured in accordance with this subpart to prevent leakage, spillage, or falling from the vehicle.
(c) Prevention of Shifting Load:
Cargo must be contained, immobilized, or secured to prevent shifting within or on the vehicle in a manner that could negatively impact the vehicle’s stability or maneuverability.
§ 393.102 Minimum Performance Criteria for Cargo Securement Devices and Systems
(a) Performance Criteria:
- Breaking Strength:
Tiedown assemblies (including chains, wire ropes, steel strapping, synthetic webbing, and cordage), as well as other attachment or fastening devices used to secure cargo to or within commercial motor vehicles, must be designed, installed, and maintained so that the forces acting on them do not exceed the manufacturer’s breaking strength under the following conditions:- 0.8 g deceleration in the forward direction
- 0.5 g acceleration in the rearward direction
- 0.5 g acceleration in a lateral direction
- Working Load Limit:
Tiedown assemblies and other securement devices must be designed and maintained to ensure that the forces acting on them do not exceed the working load limit under the following conditions:- 0.435 g deceleration in the forward direction
- 0.5 g acceleration in the rearward direction
- 0.25 g acceleration in a lateral direction
(b) Prevention of Vertical Movement:
Securement systems must provide a downward force of at least 20% of the weight of the cargo if the cargo is not fully contained within the vehicle’s structure. If the cargo is fully contained, it may be secured as per § 393.106(b).
(c) Equivalent Means of Securement:
Securement methods that meet the performance requirements include:
- Immobilizing cargo to prevent shifting or tipping that would affect the vehicle’s stability or maneuverability.
- Transporting cargo in a sided vehicle with walls strong enough to ensure cargo remains in place and does not shift or tip.
- Securing cargo according to the requirements specified in §§ 393.104 through 393.136.
[Amended: 71 FR 35832, June 22, 2006, 78 FR 58484, Sept. 24, 2013]
§ 393.104 Standards for Cargo Securement Devices and Systems
(a) General Requirements:
All devices and systems used to secure cargo to or within a vehicle must meet the requirements of § 393.102.
(b) Prohibition on Damaged Securement Devices:
Tiedowns, cargo securement systems, parts, and components must be in proper working order without any damage or weakened parts (such as cracks or cuts) that could compromise their performance and reduce their working load limit.
(c) Vehicle Structures and Anchor Points:
The vehicle’s structures, floors, walls, decks, tiedown anchor points, headerboards, bulkheads, stakes, posts, and mounting pockets must be strong enough to meet the performance criteria of § 393.102, and must be free from damage that would weaken their effectiveness in securing cargo.
(d) Materials for Dunnage, Chocks, Cradles, Shoring Bars, Blocking, and Bracing:
Materials used for these purposes must be free from defects that would compromise the securement system’s effectiveness.
(e) Manufacturing Standards for Tiedown Assemblies:
Tiedown assemblies and other devices used to secure cargo must conform to the following standards:
| Assembly Component | Applicable Standard |
| Steel Strapping | ASTM D3953-97, Feb. 1998 |
| Chain | NACM Welded Steel Chain Specifications, Sept. 28, 2005 |
| Webbing | WSTDA-T1, 1998 |
| Wire Rope | Wire Rope Technical Board’s Wire Rope Users Manual, 2nd Edition, Nov. 1985 |
| Cordage | Various Cordage Institute standards including PETRS-2, PPRS-2, CRS-1, NRS-1, and C-1 |
(f) Use of Tiedowns
- Tiedowns and securing devices must be free of knots.
- Any repair to a tiedown must comply with the relevant standards outlined in paragraph (e) of this section, or follow the manufacturer’s instructions.
- Each tiedown must be securely attached to prevent it from loosening, unfastening, opening, or releasing during transit.
- Edge protection must be used when a tiedown is at risk of abrasion or cutting where it contacts an article of cargo. The edge protection must be capable of resisting abrasion, cutting, and crushing.
§ 393.106 General Requirements for Securing Cargo
(a) Applicability. These rules apply to the transportation of all types of cargo, except bulk commodities that lack structure or fixed shape (e.g., liquids, gases, grain, liquid concrete, sand, gravel, aggregates), which are transported in tanks, hoppers, boxes, or similar containers integrated into the structure of a commercial motor vehicle. These general requirements are also applicable to the cargo types covered by the commodity-specific rules in § 393.116 through § 393.136. In cases where specific rules are provided for a commodity in those sections, those rules take precedence over the general requirements in this section.
(b) General. Cargo must be securely immobilized or fastened within or on the vehicle using adequate structures, dunnage, shoring bars, tiedowns, or a combination of these.
(c) Cargo Placement and Restraint.
- Cargo that is prone to rolling must be restrained using chocks, wedges, cradles, or other equivalent means to prevent movement. These restraint methods must be secure and unable to unintentionally loosen or detach during transit.
- Cargo placed next to each other and secured with transverse tiedowns must either:
- Be placed in direct contact with one another, or
- Be prevented from shifting toward one another during transit.
(d) Aggregate Working Load Limit for Tiedowns. The total working load limit (WLL) of the tiedowns used to secure a group of articles or an individual item must be at least half of the weight of the cargo. The aggregate WLL is determined as follows:
- Half of the WLL for each tiedown connecting an anchor point on the vehicle to an anchor point on the cargo.
- Half of the WLL for each tiedown attached to an anchor point on the vehicle, passing through, over, or around the cargo, and attaching to an anchor point on the same side of the vehicle.
- The full WLL for each tiedown that spans across the vehicle, passing through, over, or around the cargo and attaching to anchor points on opposite sides of the vehicle.
[67 FR 61225, Sept. 27, 2002, as amended at 68 FR 56208, Sept. 30, 2003; 71 FR 35833, June 22, 2006]
§ 393.108 Determining the Working Load Limit of Tiedowns or Friction Mats
(a) The working load limit (WLL) of a tiedown or any associated connector or attachment device is the lowest working load limit among its components (including tensioners), or the WLL of the anchor points to which it is attached, whichever is smaller.
(b) The WLL of tiedowns can be determined by referring to either the manufacturer’s markings or the tables in this section. When tiedown materials are not labeled with their WLL by the manufacturer, the values in the tables should be used. If the manufacturer marks a tiedown with a specific WLL that differs from the tables, the marked WLL must be followed.
(c) Synthetic cordage (such as nylon, polypropylene, or polyester) that lacks manufacturer markings indicating composition or WLL should be treated as having a WLL equivalent to polypropylene fiber rope.
(d) Unmarked welded steel chain should be considered to have a WLL equivalent to that of grade 30 proof coil chain.
(e)
- If wire rope is unmarked, its WLL should be considered as one-fourth of the nominal strength listed in the Wire Rope Users Manual.
- Unmarked wire should be treated as having a WLL equivalent to 6 × 37, fiber core wire rope.
(f) Unmarked Manila rope should be assumed to have a WLL based on its diameter, as provided in the working load limit tables.
(g) If friction mats are unmarked or not rated by the manufacturer, they should be considered to provide resistance to horizontal movement equal to 50% of the weight placed on the mat.
§ 393.110 Additional Requirements for Determining the Minimum Number of Tiedowns
(a) When using tiedowns as part of a cargo securement system, the minimum number of tiedowns required to prevent movement of an article or group of articles depends on the article’s length and the guidelines in paragraphs (b) and (c) of this section. These requirements supplement those outlined in § 393.106.
(b) If an article is not secured by a headerboard, bulkhead, or other blocking devices to prevent forward movement, it must be secured with at least the following number of tiedowns:
- One tiedown for articles 5 feet (1.52 meters) or shorter in length and weighing 1,100 pounds (500 kg) or less.
- Two tiedowns for articles that are either: (i) 5 feet (1.52 meters) or shorter in length but weigh more than 1,100 pounds (500 kg); or (ii) Longer than 5 feet (1.52 meters) but shorter than or equal to 10 feet (3.04 meters) in length, regardless of weight.
- Two tiedowns for articles longer than 10 feet (3.04 meters), plus one additional tiedown for every 10 feet (3.04 meters), or fraction thereof, beyond the first 10 feet (3.04 meters).
(c) If an article is blocked, braced, or immobilized to prevent forward movement by a headerboard, bulkhead, or other secured articles, it must be secured with at least one tiedown for every 10 feet (3.04 meters) of length, or fraction thereof.
(d) Special Rule for Special Purpose Vehicles: The provisions in this section do not apply to vehicles transporting large or specially designed cargo, such as machinery or fabricated structural items (e.g., steel beams, crane booms, etc.), that require special fastening methods. However, any cargo must still be securely fastened to the vehicle.
§ 393.112 Adjustability of Tiedowns
Each tiedown, its connectors, or attachment mechanisms must be designed, constructed, and maintained so that the driver of a commercial motor vehicle can tighten them while in transit. This requirement does not apply to steel strapping.
§ 393.114 Requirements for Front-End Structures in Cargo Securement Systems
(a) Applicability: The rules in this section apply to commercial motor vehicles carrying cargo in contact with the vehicle’s front-end structure, which must meet the following performance requirements.
(b) Height and Width:
- The front-end structure must extend to a height of 4 feet above the vehicle’s floor, or to a height sufficient to block the forward movement of any cargo—whichever is lower.
- The front-end structure must be as wide as the vehicle or sufficient to block forward movement of the cargo—whichever is narrower.
(c) Strength: The front-end structure must withstand the following horizontal forward static load:
- For structures less than 6 feet high, the load must be equal to half (0.5) of the cargo’s weight, uniformly distributed across the structure up to a height of 4 feet or the height where it prevents forward movement of cargo.
- For structures 6 feet or taller, the load must be equal to 40% (0.4) of the cargo’s weight, uniformly distributed across the structure.
(d) Penetration Resistance: The front-end structure must resist penetration by any cargo in contact with it during deceleration at 20 feet per second squared, with no openings large enough to allow cargo to pass through.
(e) Substitute Devices: Devices serving the same function as a front-end structure may be used, as long as they provide equivalent strength and cargo protection.
§ 393.116 Specific Securement Requirements for Logs
(a) Applicability: These rules apply to the transportation of logs, with the following exceptions:
- Logs that are unitized by banding or similar means may follow the general cargo securement rules in §§ 393.100–393.114.
- Loads with no more than four processed logs may also follow general securement rules.
- Firewood, stumps, and other short logs must be transported in enclosed vehicles or containers designed to hold them.
(b) Securement System Components:
- Logs must be transported on vehicles specifically designed for log transport, equipped with bunks, bolsters, stakes, or similar means to prevent rolling.
- All components used for securing logs must withstand operational forces without failure or deformation.
- Tiedowns must be used alongside stabilizing equipment unless the logs are transported in a crib-type log trailer.
- The total working load limit for tiedowns securing a stack of logs on a frame or flatbed vehicle must be at least one-sixth of the stack’s weight.
(c) Use of Securement System:
- Logs must be solidly packed, with the outer bottom logs securely against bunks, bolsters, or stakes.
- Each outer log must contact at least two bunks, stakes, or other supports. Logs that do not touch must be held by tiedowns.
- The highest outside log must remain below the top of each supporting stake or bunk.
- Additional tiedowns are required when logs are slippery or not securely held by other logs.
(d) Securement of Shortwood Logs on Frame, Rail, and Flatbed Vehicles:
- Logs must not extend more than one-third of their length beyond the nearest supporting structure.
- One stack of shortwood logs must be secured with at least two tiedowns.
- Vehicles longer than 10 meters must have center stakes to divide the load into sections.
- When two stacks are loaded side-by-side, they must be placed tightly, with at least one tiedown used across each stack.
(e) Securement of Logs Loaded Lengthwise on Vehicles:
- Shortwood logs must be cradled in bunks or secured by stakes and tied down with at least two tiedowns.
- Longwood logs must be secured by at least two tiedowns or bound by wrappers.
(f) Securement of Logs on Pole Trailers:
- Each bunk must be secured with at least one tiedown, or two tiedowns used as wrappers.
- Wrappers must be placed at least 10 feet apart.
- Large logs must be immobilized with chock blocks to prevent shifting.
[67 FR 61225, Sept. 27, 2002, as amended at 71 FR 35833, June 22, 2006]
(b) Positioning of Bundles:
Bundles must be positioned side by side in direct contact with each other. If necessary, measures must be implemented to prevent the bundles from shifting towards one another.
(c) Securement of Bundles on One Tier:
Bundles carried on a single tier must be secured in accordance with the general provisions of §§ 393.100 through 393.114.
(d) Securement of Bundles on Multiple Tiers:
Bundles transported in multiple tiers must be secured in one of the following ways:
- Blocked against lateral movement with stakes on the sides of the vehicle and secured by tiedowns over the top tier, as outlined in §§ 393.100 through 393.114;
- Restrained from lateral movement using blocking or high-friction devices between tiers and secured by tiedowns over the top tier, as outlined in §§ 393.100 through 393.114;
- Placed directly on top of other bundles or spacers and secured according to the following guidelines:
- Spacers between bundles must adequately support all pieces in the bottom row.
- The width of spacers must be equal to or greater than their height.
- If spacers are made of layered materials, these must be securely unitized to ensure they function as a single unit.
- Tiedowns must secure bundles as follows:
- At least two tiedowns over the top tier for bundles longer than 1.52 meters (5 feet).
- For three tiers, both the middle and top bundles must be secured by tiedowns as per §§ 393.100 through 393.114.
- For more than three tiers, one middle bundle and the top bundle must be secured by tiedowns. The maximum height for the middle tier requiring securement is 6 feet above the trailer deck.
- Alternatively, the second tier from the bottom may be secured in accordance with §§ 393.100 through 393.114.
- Tiedowns should cover each tier of bundles, using a minimum of two tiedowns for any top bundles longer than 1.52 meters (5 feet).
(e) Sided Vehicles or Containers:
When transported in a sided vehicle or container of sufficient strength, dressed lumber or similar products may be secured in accordance with the general provisions of §§ 393.100 through 393.114.
[67 FR 61225, Sept. 27, 2002, as amended at 71 FR 35834, June 22, 2006; 78 FR 58484, Sept. 24, 2013]
Certainly! Here’s a rewritten version that preserves the styling and formatting:
- 393.122 Specific Securement Requirements for Paper Rolls
(a) Applicability. The provisions in this section apply to shipments of paper rolls that individually or collectively weigh 2268 kg (5000 lb) or more. Shipments of paper rolls weighing less than 2268 kg (5000 lb) and paper rolls unitized on a pallet may be secured in compliance with this section or in accordance with the requirements outlined in §§ 393.100 through 393.114.
(b) Securement of Paper Rolls Transported with Eyes Vertical in a Sided Vehicle
- Paper rolls must be placed securely against the vehicle walls, other paper rolls, or other cargo to prevent movement during transit.
- If the shipment does not contain enough rolls to reach the vehicle walls, lateral movement must be prevented through filling voids, blocking, bracing, tiedowns, or friction mats. Additionally, the paper rolls may be banded together.
- When a void behind a group of paper rolls, including that at the rear of the vehicle, exceeds the diameter of the rolls, rearward movement must be prevented using friction mats, blocking, bracing, tiedowns, or banding to other rolls.
- If a paper roll is at risk of tipping or falling sideways or rearwards and its width exceeds twice its diameter, it must be secured with banding to other rolls, bracing, or tiedowns.
- The forwardmost roll(s) in a group of paper rolls that has a width greater than 1.75 times its diameter, and is not prevented from tipping or falling forwards by the vehicle structure or other cargo, must be prevented from tipping by banding, bracing, or tiedowns.
- If the forwardmost roll(s) in a group has a width equal to or less than 1.75 times its diameter and is restrained against forward movement by friction mats, additional banding, bracing, or tiedowns are not necessary to prevent tipping.
- If the forwardmost roll(s) exceeds a width of 1.25 times its diameter and is not restrained against forward movement by friction mats or vehicle structure, banding to other rolls, bracing, or tiedowns are required to prevent tipping or falling.
- Paper rolls banded together must be placed tightly against each other to create a stable group. Bands must be tightly applied and secured to prevent them from coming loose during transit.
- A friction mat used for securement must extend from beneath the roll in the direction of the securement.
(c) Securement of Split Loads of Paper Rolls Transported with Eyes Vertical in a Sided Vehicle
- If a paper roll in a split load is not secured against forward movement by the vehicle structure or other cargo, it must be restrained through filling open spaces, or by blocking, bracing, tiedowns, friction mats, or a combination thereof.
- Friction mats used for principal securement must extend beneath the roll in the direction of that securement.
(d) Securement of Stacked Loads of Paper Rolls Transported with Eyes Vertical in a Sided Vehicle
- Paper rolls must not be loaded onto a lower layer unless the lower layer extends to the front of the vehicle.
- Paper rolls in upper layers must be secured against forward, rearward, or lateral movement by similar means used for the bottom layer, or through the use of a blocking roll from a lower layer.
- The blocking roll must be at least 38 mm (1.5 in) taller than other rolls or raised using dunnage.
- Rolls in the rearmost row of any layer raised with dunnage cannot be secured by friction mats alone.
(e) Securement of Paper Rolls Transported with Eyes Crosswise in a Sided Vehicle
- Paper rolls must be prevented from rolling or shifting longitudinally through contact with vehicle structure, other cargo, chocks, wedges, or blocking and bracing of adequate size, or by tiedowns.
- Chocks, wedges, or blocking must be securely fastened, in addition to friction, so that they do not become loose or unintentionally unfastened during transit.
- The rearmost roll must not be secured by the rear doors of the vehicle or intermodal container, or by blocking held in place by these doors.
- If a total of 203 mm (8 in) of space exists between the ends of a paper roll or row and the vehicle walls, void fillers, blocking, bracing, friction mats, or tiedowns must be used to prevent shifting.
(f) Securement of Stacked Loads of Paper Rolls Transported with Eyes Crosswise in a Sided Vehicle
- Paper rolls must not be loaded in a second layer unless the bottom layer extends to the front of the vehicle.
- A third or higher layer must not be loaded unless all wells in the layer beneath are filled.
- The foremost roll in an upper layer, or any roll with an empty well in front, must be secured against forward movement by banding, blocking against a properly secured eye-vertical blocking roll, or placement in a well formed by two rolls from the lower row.
- The rearmost roll in each upper layer must be secured by banding if located in the last two wells of the rearmost row of the lower layer.
- Paper rolls must be secured against lateral movement by similar means used for the bottom layer if there is more than 203 mm (8 in) of space between the ends of a paper roll or row and the vehicle walls.
(g) Securement of Paper Rolls Transported with Eyes Lengthwise in a Sided Vehicle
- Each paper roll must be secured against forward movement through contact with the vehicle structure, other cargo, blocking, or tiedowns.
- Each roll must be secured against rearward movement by contact with other cargo, blocking, friction mats, or tiedowns.
- Paper rolls must be prevented from lateral shifting by contact with vehicle walls or other cargo, or by chocks, wedges, or blocking of sufficient size.
- Chocks, wedges, or blocking must be securely held in place with means beyond friction to prevent them from becoming loose during transit.
(h) Securement of Stacked Loads of Paper Rolls Transported with Eyes Lengthwise in a Sided Vehicle
- Paper rolls must not be loaded in an upper layer if a roll will fit in the layer beneath.
- Upper layers must be arranged by placing paper rolls in the wells formed by the layer beneath.
- A roll in an upper layer must be secured against forward and rearward movement using the same means as the bottom layer, by use of a blocking roll, or by banding to other rolls.
(i) Securement of Paper Rolls Transported on a Flatbed or Curtain-Sided Vehicle
- Paper Rolls with Eyes Vertical or Lengthwise
(i) Paper rolls must be loaded and secured in the same manner as for a sided vehicle. The entire load must be secured by tiedowns as per §§ 393.100 through 393.114.
(ii) Stacked loads of paper rolls with eyes vertical are prohibited. - Paper Rolls with Eyes Crosswise
(i) The rolls must be prevented from rolling or shifting longitudinally by contact with vehicle structure or other cargo, chocks, wedges, or blocking and bracing of adequate size, or by tiedowns.
(ii) Chocks, wedges, or blocking must be secured by means beyond friction to prevent unfastening during transit.
(iii) Tiedowns must be applied per §§ 393.100 through 393.114 to prevent lateral movement.
[67 FR 61225, Sept. 27, 2002, as amended at 71 FR 35834, June 22, 2006]
Here is the rewritten version of the provided piece, maintaining clarity and compliance while ensuring it’s easy to follow:
- 393.132 Specific Securement Requirements for Flattened or Crushed Vehicles
(a) Applicability:
This section applies to the transportation of vehicles such as cars, light trucks, and vans that have been flattened or crushed.
(b) Prohibition on Synthetic Webbing:
The use of synthetic webbing to secure flattened or crushed vehicles is prohibited. However, it may be used for connecting wire rope or chain to anchor points on the commercial motor vehicle. In all cases, the webbing (even with edge protection) must not come into contact with the flattened or crushed vehicles.
(c) Securement of Flattened or Crushed Vehicles:
Flattened or crushed vehicles must be transported on vehicles that meet the following conditions:
- Containment Walls on Four Sides:
The vehicle must have containment walls or equivalent means on all four sides, extending to the full height of the load, preventing forward, rearward, and lateral movement of the cargo. - Containment Walls on Three Sides and Tiedowns:
- Containment walls or equivalent means on three sides, extending to the full height of the load, must block movement in the direction where containment is provided.
- A minimum of two tiedowns per vehicle stack is required.
- Containment Walls on Two Sides and Tiedowns:
- Containment walls on two sides, extending to the full height of the load, must block forward and rearward movement.
- A minimum of three tiedowns per vehicle stack is required.
- Tiedowns for Every Stack:
A minimum of four tiedowns per vehicle stack must be used.
Additional Rules:
- Vehicles transporting flattened or crushed vehicles must be equipped with measures to prevent liquid leaks from the vehicle’s bottom and the loss of loose parts from all four sides, extending to the full height of the cargo.
- The containment of loose parts may be achieved using structural walls, sideboards, or suitable coverings.
- The use of synthetic material for containing loose parts is permitted.
- 393.134 Securement Requirements for Roll-on/Roll-off and Hook Lift Containers
(a) Applicability:
This section applies to the transportation of roll-on/roll-off or hook lift containers.
(b) Securement of Roll-on/Roll-off and Hook Lift Containers:
If the vehicle is not equipped with an integral securement system, each roll-on/roll-off and hook lift container must be secured with the following:
- Blocking Against Forward Movement:
The lifting device, stops, or another suitable restraint mechanism must prevent forward movement of the container. - Securing to the Front:
The lifting device or another suitable restraint must secure the container against lateral and vertical movement at the front. - Securing to the Rear:
At least one of the following methods must be used for securing the rear of the container:- One tiedown attaching both the vehicle chassis and the container chassis.
- Two tiedowns installed lengthwise, securing one side of the container to each of the vehicle’s side rails.
- Two hooks, or equivalent, securing both sides of the container to the vehicle chassis with equal effectiveness as tiedowns.
- Rear Securement Location:
The rear securing mechanism must be installed no more than two meters (6 feet 7 inches) from the rear of the container. - Use of Additional Tiedowns:
If the front stops or lifting devices are missing, damaged, or incompatible, additional tiedowns must be used to ensure the container is secured to the vehicle as effectively as the missing or damaged components.
- 393.136 Securement Requirements for Large Boulders
(a) Applicability:
This section applies to transporting large, irregularly shaped rock pieces weighing more than 5,000 kg (11,000 lbs) or with a volume exceeding 2 cubic meters on an open vehicle, or a vehicle not rated to contain such cargo.
- Rocks between 100 kg (220 lbs) and 5,000 kg (11,000 lbs) must either be secured in accordance with this section or as specified in §§ 393.100 to 393.114, including rock within vehicles designed to carry such cargo, or secured individually by tiedowns if stable and adequately secured.
- Rocks that are shaped or cut to provide a stable base must be secured as per this section or §§ 393.100 to 393.114.
(b) Boulder Positioning on the Vehicle:
- The flattest and/or largest side of each boulder must face downwards.
- Each boulder must be supported on at least two hardwood blocking pieces measuring 10 cm × 10 cm (4 inches × 4 inches) in side dimensions, extending the full width of the boulder.
- Blocking should be symmetrically placed under the boulder, supporting at least three-fourths of its length.
- If the boulder’s flattest side is rounded, it must be placed in a hardwood timber crib fixed to the vehicle deck to prevent rolling.
- For tapered boulders, the narrowest end should point toward the front of the vehicle.
(c) General Tiedown Requirements:
- Only chains should be used as tiedowns for large boulders.
- Chains in contact with the boulder should ideally be positioned in valleys or notches to prevent sliding.
(d) Securement of Cubic-Shaped Boulders:
- Each cubic-shaped boulder must be secured with at least two chain tiedowns placed transversely across the vehicle.
- The combined working load limit of the tiedowns must be at least half the boulder’s weight.
- Tiedowns should be placed as close as possible to the wooden blocking.
(e) Securement of Non-Cubic Shaped Boulder with a Stable Base:
- Non-cubic boulders with a stable base must be secured with at least two chain tiedowns forming an “X” pattern.
- The combined working load limit of the tiedowns must be at least half the boulder’s weight.
- Tiedowns must pass over the center of the boulder and connect at the intersection with a shackle or similar device.
(f) Securement of Non-Cubic Shaped Boulder with an Unstable Base:
- One chain must surround the top of the boulder, with the working load limit being at least half the boulder’s weight.
- Four chains must be attached to prevent horizontal movement, with each chain having a working load limit of at least one-fourth of the boulder’s weight.
- Whenever possible, the chains must not exceed a 45-degree angle from the horizontal.
Subpart J—Frames, Cab and Body Components, Wheels, Steering, and Suspension Systems
Source: 53 FR 49402, Dec. 7, 1988, unless otherwise noted.
- 393.201 Frames.
(a) The frame or chassis of each commercial motor vehicle must be free from cracks, looseness, sagging, or breakage.
(b) Bolts or brackets that secure the cab or body to the frame must be intact, without being loose, broken, or missing.
(c) The frame rail flanges between the axles must not be bent, cut, or notched, except where the vehicle manufacturer specifies.
(d) Parts or accessories should not be welded to the frame or chassis of a commercial motor vehicle unless the vehicle manufacturer specifically allows it. Any welded frame repairs must also comply with the vehicle manufacturer’s guidelines.
(e) Drilling holes in the top or bottom rail flanges is prohibited unless explicitly authorized by the manufacturer.
[53 FR 49402, Dec. 7, 1988, as amended at 70 FR 48055, Aug. 15, 2005]
- 393.203 Cab and Body Components.
(a) The cab doors or parts used as an entrance or exit must not be missing or broken. Doors should not sag or be secured in a manner that prevents easy opening and closing. Doors should not be wired shut or locked so they cannot be opened unless the vehicle is loaded with materials like pipe or bar stock that block the door, and the cab includes a roof exit.
(b) Bolts or brackets securing the cab or body to the frame must be intact and not loose, broken, or missing.
(c) The hood must be securely fastened.
(d) All seats must be firmly attached and securely mounted.
(e) The front bumper must not be missing, loosely attached, or positioned so that it extends beyond the vehicle’s limits, creating a hazard.
[53 FR 49402, Dec. 7, 1988, as amended at 78 FR 58484, Sept. 24, 2013]
- 393.205 Wheels.
(a) Wheels and rims must not be cracked or broken.
(b) Stud or bolt holes on the wheels must not be elongated or out of round.
(c) Nuts or bolts must be neither missing nor loose.
- 393.207 Suspension Systems.
(a) Axles: No axle positioning part should be cracked, broken, loose, or missing. All axles must remain properly aligned.
(b) Adjustable Axles: Adjustable axle assemblies must not have missing or disengaged locking pins.
(c) Leaf Springs: No leaf spring should be cracked, broken, missing, or displaced from its correct position.
(d) Coil Springs: Coil springs must not be cracked or broken.
(e) Torsion Bar: Torsion bars or torsion bar suspensions must not be cracked or broken.
(f) Air Suspensions: The air pressure regulator valve must not release air into the suspension system until at least 55 psi is present in the braking system. The vehicle should be level (not tilting to one side). Air leakage should not exceed 3 psi in 5 minutes when the vehicle’s air pressure gauge reads normal operating pressure.
(g) Air Suspension Exhaust Controls: Air suspension exhaust controls must not allow air to be released from one axle of a two-axle air suspension trailer unless the controls are either located on the trailer or the combination of the power unit and trailer cannot exceed 10 miles per hour when the air is exhausted. This does not prohibit:
(1) Devices that release air from both axle systems simultaneously, or
(2) Lift axles on multi-axle units.
[53 FR 49402, Dec. 7, 1988, as amended at 70 FR 48055, Aug. 15, 2005]
- 393.209 Steering Wheel Systems.
(a) The steering wheel must be securely attached and free from any cracks or missing spokes.
(b) Steering Wheel Lash:
(1) The maximum steering wheel lash must not exceed the following limits:
| Steering Wheel Diameter | Manual Steering System | Power Steering System |
| 406 mm (16 inches) | 51 mm (2 inches) | 108 mm (4 1/4 inches) |
| 457 mm (18 inches) | 57 mm (2 1/4 inches) | 121 mm (4 3/4 inches) |
| 483 mm (19 inches) | 60 mm (2 3/8 inches) | 127 mm (5 inches) |
| 508 mm (20 inches) | 64 mm (2 1/2 inches) | 133 mm (5 1/4 inches) |
| 533 mm (21 inches) | 67 mm (2 5/8 inches) | 140 mm (5 1/2 inches) |
| 559 mm (22 inches) | 70 mm (2 3/4 inches) | 146 mm (5 3/4 inches) |
(2) For steering wheel diameters not listed in paragraph (b)(1), the steering wheel lash must not exceed 14 degrees of angular rotation for manual steering systems and 30 degrees of angular rotation for power steering systems.
(c) Steering Column: The steering column must be securely fastened and free of any issues.
(d) Steering System: Universal joints and ball-and-socket joints must not be worn or faulty, nor should they be repaired with welding. The steering gear box must be securely mounted, without any loose or missing bolts, and free from cracks in the gear box or mounting brackets. The pitman arm on the steering gear output shaft must not be loose. Steering wheels must turn smoothly through their full range of motion in both directions.
(e) Power Steering Systems: All components of the power steering system must be in proper working condition. No parts should be loose or damaged. Belts must not be frayed, cracked, or slipping. There should be no leaks in the system, and the power steering reservoir must contain an adequate amount of fluid.
[53 FR 49402, Dec. 7, 1988, as amended at 70 FR 48055, Aug. 15, 2005]
Part 395—Hours Of Service Of Drivers
Subpart A—General
- 395.1 Scope of rules in this part.
(a) General.
(1) The rules in this part apply to all motor carriers and drivers, except as indicated in paragraphs (b) through (x) of this section.
(2) The exceptions outlined in paragraphs (l) and (m) of this section do not override State laws and regulations that govern the safe operation of commercial motor vehicles.
(b) Driving conditions —
(1) Adverse driving conditions. Except as stated in paragraph (h)(3) of this section, a driver who encounters adverse driving conditions, as defined in § 395.2, and is unable to safely complete the run within the maximum driving or duty time allowed under § 395.3(a) or § 395.5(a) due to those conditions, may drive for up to two additional hours beyond the maximum allowable hours to complete the run or reach a place of safety for both the vehicle’s occupants and its cargo.
(2) Emergency conditions. In the event of an emergency, a driver may complete the run without violating the provisions of these regulations, provided the run could have reasonably been completed without the emergency.
(c) Driver-salesperson. The provisions of § 395.3(b) do not apply to any driver-salesperson whose total driving time does not exceed 40 hours within any 7 consecutive days.
(d) Oilfield operations.
(1) Drivers of commercial motor vehicles used exclusively for transporting oilfield equipment, including tasks like stringing and picking up pipe for pipelines, and servicing the natural gas and oil field operations, may conclude any period of 8 consecutive days with the start of any off-duty period of 24 or more consecutive hours.
(2) Specially trained drivers of commercial motor vehicles constructed to service oil wells shall not count waiting time at a natural gas or oil well site as on-duty time. Such waiting time shall be recorded as “off duty” for purposes of § 395.8, with remarks or annotations to indicate waiting time periods or recorded separately on a “waiting time” line. This waiting time is excluded from the 14-hour limit specified in § 395.3(a)(2). Specially trained drivers of such vehicles are not eligible to use the provisions in paragraph (e)(1) of this section.
(e) Short-haul operations —
(1) 150 air-mile radius driver. A driver is exempt from the requirements of §§ 395.8 and 395.11 if:
(i) The driver operates within a 150 air-mile radius (172.6 statute miles) of their normal work reporting location;
(ii) The driver returns to the work reporting location and is released from work within 14 consecutive hours;
(iii)
(A) A property-carrying commercial motor vehicle driver has at least 10 consecutive hours off-duty separating each 14-hour on-duty period;
(B) A passenger-carrying commercial motor vehicle driver has at least 8 consecutive hours off-duty separating each 14-hour on-duty period;
(iv) The motor carrier maintains and retains accurate time records for 6 months, showing:
(A) The time the driver reports for duty each day;
(B) The total number of hours the driver is on-duty each day;
(C) The time the driver is released from duty each day;
(D) The total time for the preceding 7 days, as per § 395.8(j)(2) for drivers who are first-time or intermittent users.
(2) Operators of property-carrying commercial motor vehicles not requiring a commercial driver’s license. Except as specified in this paragraph, a driver is exempt from §§ 395.3(a)(2), 395.8, and 395.11, and cannot use the provisions in § 395.1(e)(1), (g), and (o) if:
(i) The driver operates a property-carrying commercial motor vehicle that does not require a commercial driver’s license under part 383 of this subchapter;
(ii) The driver operates within a 150 air-mile radius of the reporting location;
(iii) The driver returns to the reporting location at the end of each duty tour;
(iv) The driver does not drive:
(A) After the 14th hour of duty for 5 days within a 7-day period; and
(B) After the 16th hour of duty for 2 days within a 7-day period;
(v) The motor carrier maintains and retains accurate time records for 6 months, showing:
(A) The time the driver reports for duty each day;
(B) The total number of hours the driver is on-duty each day;
(C) The time the driver is released from duty each day;
(D) The total time for the preceding 7 days, as per § 395.8(j)(2) for drivers who are first-time or intermittent users.
(f) Retail store deliveries. The provisions of § 395.3(a) and (b) do not apply to drivers of commercial motor vehicles making only local deliveries from retail stores or retail catalog businesses to the ultimate consumer, within a 100-air mile radius of the driver’s reporting location, between December 10 and December 25 of each year.
(g) Sleeper berths —
(1) Property-carrying commercial motor vehicle —
(i) General. A driver who operates a property-carrying commercial motor vehicle equipped with a sleeper berth, as defined in § 395.2, and uses it to accumulate the required off-duty time under § 395.3(a)(1), must accumulate:
(A) At least 10 consecutive hours off-duty;
(B) At least 10 consecutive hours of sleeper berth time;
(C) A combination of consecutive sleeper berth and off-duty time totaling at least 10 hours;
(D) A combination of at least 7 consecutive hours of sleeper berth time and up to 3 hours in the passenger seat while the vehicle is moving, for a total of at least 10 consecutive hours; or
(E) An equivalent of at least 10 consecutive hours off-duty as per paragraphs (g)(1)(ii) and (iii) of this section.
(ii) Sleeper berth. A driver can accumulate the equivalent of 10 consecutive hours off-duty by taking two periods of either sleeper berth time or a combination of off-duty and sleeper berth time, if:
(A) Neither rest period is shorter than 2 consecutive hours;
(B) One rest period is at least 7 consecutive hours in the sleeper berth;
(C) The total of the two periods is at least 10 hours;
(D) The driving time immediately before and after each rest period does not exceed 11 hours, as per § 395.3(a)(3), and does not violate the 14-hour duty-period limit under § 395.3(a)(2).
(iii) Calculation —
(A) General. The driving time and 14-hour duty-period limits must be recalculated from the end of the first period used to comply with paragraph (g)(1)(i)(E) of this section.
(B) 14-hour period. The 14-hour driving window for § 395.3(a)(2) does not include qualifying rest periods under paragraph (g)(1)(ii).
(2) Specially trained driver of a specially constructed oil well servicing commercial motor vehicle at a natural gas or oil well location. A specially trained driver who operates a commercial motor vehicle specifically constructed to service oil or natural gas wells, and equipped with a sleeper berth as defined in §§ 395.2 and 393.76, or who is off-duty at such a location, may accumulate the equivalent of 10 consecutive hours off-duty by taking a combination of 10 consecutive hours off-duty, sleeper berth time, or time in other sleeping accommodations, or by taking two rest periods in a sleeper berth or other accommodation at the well location, under these conditions:
(i) Neither rest period is shorter than 2 hours;
(ii) The combined driving time before and after each rest period does not exceed the limit in § 395.3(a)(3);
(iii) The driver does not drive after the 14th hour after coming on duty following 10 hours off-duty, where the 14th hour is calculated by excluding any sleeper berth or other sleeping accommodation period of at least 2 hours which, when added to a subsequent rest period, totals at least 10 hours.
(iv) The driver may not resume driving under the normal limits without taking at least 10 consecutive hours off-duty, or an equivalent amount of sleeper berth or other sleeping accommodation time.
(3) Passenger-carrying commercial motor vehicles. A driver operating a passenger-carrying commercial motor vehicle equipped with a sleeper berth, as defined in §§ 395.2 and 393.76, may accumulate the equivalent of 8 consecutive hours off-duty by combining at least 8 consecutive hours off-duty and sleeper berth time, or by taking two rest periods in the sleeper berth, under the following conditions:
(i) Neither rest period is shorter than 2 hours;
(ii) The driving time immediately before and after each rest period does not exceed 10 hours;
(iii) The on-duty time immediately before and after each rest period does not exceed 15 hours;
(iv) The driver may not resume driving subject to the normal limits under § 395.5 without taking at least 8 consecutive hours off-duty, 8 consecutive hours in the sleeper berth, or a combination of 8 hours off-duty and sleeper berth time.
(h) State of Alaska —
(1) Property-carrying commercial motor vehicle —
(i) In general. The provisions of § 395.3(a) and (b) do not apply to drivers operating a property-carrying commercial motor vehicle in Alaska. A driver operating a property-carrying commercial motor vehicle in Alaska must not drive or be required to drive:
(A) More than 15 hours after 10 consecutive hours off-duty;
(B) After being on-duty for 10 consecutive hours, unless the driver operates under specific contractual terms and working hours under the Alaska Workers’ Compensation Law.
(C) After being on-duty for 70 hours in any period of 7 consecutive days, if the motor carrier for which the driver drives does not operate every day of the week; or
(D) After being on-duty for 80 hours in any period of 8 consecutive days, if the motor carrier for which the driver drives operates every day of the week.
(ii) Off-duty periods. Before driving, a driver operating a property-carrying commercial motor vehicle equipped with a sleeper berth, as defined in § 395.2, and utilizing the sleeper berth to meet the required off-duty time in the State of Alaska, must accumulate:
(A) At least 10 consecutive hours off-duty;
(B) At least 10 consecutive hours of sleeper berth time;
(C) A combination of consecutive sleeper berth and off-duty time amounting to at least 10 hours;
(D) A combination of consecutive sleeper berth time and up to 3 hours riding in the passenger seat of the vehicle while the vehicle is moving on a highway, either immediately before or after a period of at least 7, but less than 10, consecutive hours in the sleeper berth; or
(E) The equivalent of at least 10 consecutive hours off-duty, as calculated under paragraph (h)(1)(iii) of this section.
(iii) Sleeper berth. A driver who uses a sleeper berth to comply with the hours of service regulations may accumulate the equivalent of at least 10 consecutive hours off-duty by taking no more than two periods of either sleeper berth time or a combination of off-duty time and sleeper berth time, provided that:
(A) Neither rest period is shorter than 2 consecutive hours;
(B) One rest period is at least 7 consecutive hours in the sleeper berth;
(C) The total of the two periods is at least 10 hours; and
(D) Driving time immediately before and after each rest period, when added together:
(1) Does not exceed 15 hours; and
(2) Does not violate the 20-hour duty period under paragraph (h)(1)(i)(B) of this section.
(iv) Calculation —
(A) In general. The driving time limit and the 20-hour duty period limit must be recalculated from the end of the first of the two periods used to comply with paragraph (h)(1)(ii)(E) of this section.
(B) 20-hour period. The 20-hour duty period under paragraph (h)(1)(i)(B) does not include off-duty or sleeper berth time.
(2) Passenger-carrying commercial motor vehicle. The provisions of § 395.5 do not apply to any driver who is driving a passenger-carrying commercial motor vehicle in the State of Alaska. A driver who is operating a passenger-carrying 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 being on-duty for 70 hours in any period of 7 consecutive days, if the motor carrier for which the driver drives does not operate every day of the week; or
(iv) After being on-duty for 80 hours in any period of 8 consecutive days, if the motor carrier for which the driver drives operates every day of the week.
(3) Adverse driving conditions.
(i) A driver operating a commercial motor vehicle in the State of Alaska and encountering adverse driving conditions (as defined in § 395.2) may drive and be permitted or required to drive for the necessary time to complete the run.
(ii) After completing the run, a property-carrying commercial motor vehicle driver must be off-duty for at least 10 consecutive hours before resuming driving; and
(iii) After completing the run, a passenger-carrying commercial motor vehicle driver must be off-duty for at least 8 consecutive hours before resuming driving.
(i) State of Hawaii. The rules in § 395.8 do not apply to a driver who operates a commercial motor vehicle in the State of Hawaii, provided the motor carrier maintains and retains accurate records for a period of 6 months showing:
(1) The total number of hours the driver is on duty each day; and
(2) The time the driver reports for and is released from duty each day.
(j) Travel time —
(1) When a property-carrying commercial motor vehicle driver, at the direction of the motor carrier, is traveling but not driving or assuming any other responsibility to the carrier, such time must be counted as on-duty time unless the driver is afforded at least 10 consecutive hours off-duty upon arriving at the destination. In such case, the driver is considered off-duty for the entire period.
(2) When a passenger-carrying commercial motor vehicle driver, at the direction of the motor carrier, is traveling but not driving or assuming any other responsibility to the carrier, such time must be counted as on-duty time unless the driver is afforded at least 8 consecutive hours off-duty upon arriving at the destination. In such case, the driver is considered off-duty for the entire period.
(k) Agricultural operations. The provisions of this part do not apply during planting and harvesting periods, as determined by each State, to drivers transporting:
(1) Agricultural commodities from the source of the agricultural commodities to a location within a 150 air-mile radius from the source;
(2) Farm supplies for agricultural purposes from a wholesale or retail distribution point of the farm supplies to a farm or other location within a 150 air-mile radius from the distribution point;
(3) Farm supplies for agricultural purposes from a wholesale distribution point to a retail distribution point within a 150 air-mile radius from the wholesale distribution point; or
(4) Livestock (as defined in section 602 of the Emergency Livestock Feed Assistance Act of 1988 (7 U.S.C. 1471), including insects) within a 150 air-mile radius from the final destination of the livestock.
- 395.2 Definitions
For the purposes of this section, the following terms are defined as:
- Adverse Driving Conditions: These refer to hazardous weather conditions such as snow, ice, sleet, fog, or other unfavorable weather, road, or traffic situations that were not anticipated or could not reasonably be known by the driver before starting the duty day, or prior to resuming driving after a qualifying rest break or sleeper berth period, or by the motor carrier before dispatching the driver.
- Agricultural Commodity: This includes:
- Any agricultural product, non-processed food, feed, fiber, or livestock as specified here.
- “Any agricultural commodity” refers to perishable horticultural products that could deteriorate during transport, including plants, sod, flowers, shrubs, seedlings, live trees, and Christmas trees.
- Driver-Salesperson: An employee of a private carrier who:
- Is solely employed as a driver-salesperson.
- Engages in both selling goods, services, or goods usage, and delivering the sold goods by commercial vehicle.
- Operates within a 100-mile radius from the duty reporting point.
- Spends no more than 50% of on-duty hours driving. Selling activities include soliciting reorders, obtaining new accounts, and potentially other merchandising tasks to maintain customers and increase sales.
- Driving Time: The total time spent operating a commercial motor vehicle in motion.
- Eight Consecutive Days: A continuous period of 8 days beginning at any point, based on the 24-hour period designated by the motor carrier.
- Electronic Logging Device (ELD): A device or technology that automatically records a driver’s driving time and helps maintain accurate records of hours of service, complying with Subpart B of this section.
- ELD Record: A duty status record captured on an ELD that includes the necessary data elements as specified by this section.
- Farm Supplies for Agricultural Purposes: Products essential for the growing or harvesting of agricultural commodities during planting and harvesting seasons, as defined by the state, and livestock feed year-round.
- Ground Water Well Drilling Rig: Any vehicle or machine used for transporting water well field operating equipment on highways, including drilling and pump service rigs for accessing groundwater.
- Hi-Rail Vehicle: A vehicle designed for internal rail flaw detection equipped with flange hi-rails.
- Livestock: Defined in section 602 of the Emergency Livestock Feed Assistance Act of 1988 [7 U.S.C. 1471], as amended, this term encompasses all living animals raised for commercial purposes, including aquatic species.
- Multiple Stops: Refers to all stops made within any village, town, or city, which are counted as a single stop.
- Non-Processed Food: Food items in their natural state, without significant post-harvest changes to extend shelf life. This includes fresh fruits, vegetables, and cereal crops that have undergone minimal processing (e.g., cleaning, trimming) for transport.
- On-Duty Time: All time during which a driver is required to work or be ready to work, beginning from when the driver reports for duty until relieved of all responsibilities. On-duty time includes:
- Waiting to be dispatched at a facility or on public property, unless relieved of duty.
- Inspecting, servicing, or conditioning a commercial vehicle.
- Driving time.
- Time spent in or on a commercial vehicle, excluding specific rest periods, such as in a sleeper berth.
- Loading or unloading a vehicle, assisting with or supervising the process, or managing shipment receipts.
- Attending to a disabled vehicle.
- Participating in random or other required drug or alcohol testing.
- Performing any work for a motor carrier or for another employer, including compensated tasks.
- Ready-Mixed Concrete Delivery Vehicle: A vehicle specifically designed to transport ready-mixed concrete, equipped with a drum that is powered by the vehicle’s engine for mixing during transit.
- Seven Consecutive Days: A continuous 7-day period starting at any point, based on the 24-hour period designated by the motor carrier.
- Signal Employee: An individual involved in installing, repairing, or maintaining signal systems, as per 49 U.S.C. 21101(4).
- Sleeper Berth: A resting compartment in a vehicle that complies with the standards outlined in § 393.76.
- Supporting Document: Any document, in any format, generated or received by a motor carrier during regular operations that can be used to verify a driver’s record of duty status.
- Transportation of Construction Material and Equipment: The transport of construction materials, equipment, and vehicles to and from an active construction site within a 75-mile radius of the driver’s normal work location, with some state-specific variations.
- Twenty-Four-Hour Period: A consecutive 24-hour period beginning at the time designated by the motor carrier at the terminal from which the driver is typically dispatched.
- Utility Service Vehicle: A commercial vehicle used for the repair or maintenance of facilities essential for delivering public utilities like electricity, water, and telecommunications, primarily operated within the service area of the utility, except in emergencies.
- 395.3 Maximum Driving Time for Property-Carrying Vehicles
(a) Except as specified in § 395.1, no motor carrier shall allow or require any driver to operate a property-carrying commercial motor vehicle, nor shall any driver operate such a vehicle, regardless of the number of carriers using the driver’s services, unless the driver adheres to the following conditions:
(1) Start of Work Shift: A driver must take at least 10 consecutive hours off-duty before driving.
(2) 14-Hour Duty Period: A driver is prohibited from driving after 14 consecutive hours of being on duty, which must follow a 10-hour off-duty period.
(3) Driving Time and Interruptions:
(i) Driving Time: A driver may operate the vehicle for a maximum of 11 hours within the 14-hour duty period outlined in paragraph (a)(2).
(ii) Interruptions in Driving: Except for drivers who qualify for the short-haul exceptions in § 395.1(e)(1) or (2), driving is not permitted if more than 8 hours of driving have occurred without at least one 30-minute consecutive interruption in driving status. A 30-minute interruption can be fulfilled by off-duty time, sleeper berth time, or on-duty time not involving driving, or any combination of these.
(b) No motor carrier shall allow or require a driver of a property-carrying commercial motor vehicle to drive, nor shall any driver drive, for any period after:
(1) Having been on duty for 60 hours within any 7 consecutive days, if the motor carrier does not operate commercial motor vehicles every day of the week; or
(2) Having been on duty for 70 hours within any 8 consecutive days, if the motor carrier operates commercial motor vehicles every day of the week.
(c)
(1) A 7-day period may end with a 34-hour or more consecutive off-duty period.
(2) An 8-day period may end with a 34-hour or more consecutive off-duty period.
[76 FR 81188, Dec. 27, 2011, as amended at 78 FR 58485, Sept. 24, 2013; 78 FR 64181, Oct. 28, 2013; 84 FR 48081, Sept. 12, 2019; 85 FR 33452, June 1, 2020]
- 395.5 Maximum Driving Time for Passenger-Carrying Vehicles
(a) Subject to the exceptions and exemptions in § 395.1:
No motor carrier shall permit or require any driver to operate a passenger-carrying commercial motor vehicle, nor shall any driver operate such a vehicle:
(1) For more than 10 hours after having taken 8 consecutive hours off-duty; or
(2) After being on duty for 15 consecutive hours following 8 consecutive hours off-duty.
(b) No motor carrier shall allow or require a driver to drive, nor shall any driver drive, for any period after:
(1) Having been on duty for 60 hours within any 7 consecutive days, if the motor carrier does not operate commercial motor vehicles every day of the week; or
(2) Having been on duty for 70 hours within any 8 consecutive days, if the motor carrier operates commercial motor vehicles every day of the week.
[70 FR 50073, Aug. 25, 2005]
- 395.7 [Reserved]
- 395.8 Driver’s Record of Duty Status
(a)
(1) Except for private motor carriers of passengers (nonbusiness), as defined in § 390.5, any motor carrier subject to this part must require each driver it employs to record their duty status for each 24-hour period using the prescribed methods in paragraphs (a)(1)(i) through (iii), as applicable.
(i) Subject to paragraph (a)(1)(ii), a motor carrier must install and require drivers to use an Electronic Logging Device (ELD) to record their duty status in compliance with Subpart B, effective no later than December 18, 2017.
(ii)
(A) A motor carrier may allow a driver to manually record their duty status instead of using an ELD if the driver meets one of the following conditions:
(1) The driver completes a record of duty status no more than 8 days in any 30-day period.
(2) The driver is involved in a driveaway-towaway operation where the vehicle being driven is part of the shipment.
(3) The vehicle being operated is a motor home or recreational vehicle trailer.
(4) The vehicle was manufactured before the model year 2000.
(B) A manual record must be duplicated for each 24-hour period requiring recording. The duty status should be entered on a specified grid, as detailed in paragraph (g), and combined with any company forms.
(iii) Until December 18, 2017, a motor carrier must require drivers to record duty status either with an ELD or manually on a specified grid as described above.
(2) A driver operating a commercial motor vehicle must:
(i) Record their duty status using one of the methods outlined in paragraph (a)(1).
(ii) Submit the record of duty status to the motor carrier within 13 days of the 24-hour period.
(b) Duty status must be recorded as follows:
(1) “Off-duty” or “OFF.”
(2) “Sleeper berth” or “SB” (if a sleeper berth is used).
(3) “Driving” or “D.”
(4) “On-duty not driving” or “ON.”
(c) For each duty status change, the city, town, or village name with the state abbreviation must be recorded. If the change occurs at a location other than a city or town, one of the following should be provided: highway number and nearest milepost, or highway number and nearest service plaza, or highway numbers of two intersecting roads.
(d) Additional information to be included on the form, in addition to the grid, includes:
(1) Date; (2) Total miles driven today; (3) Truck or tractor and trailer number; (4) Name of carrier; (5) Driver’s signature/certification; (6) Start time of the 24-hour period; (7) Main office address; (8) Remarks; (9) Name of co-driver; (10) Total hours; (11) Shipping document number(s) or shipper and commodity name.
(e)
(1) No driver or motor carrier may falsify duty status records.
(2) No driver or motor carrier may tamper with an ELD to prevent it from accurately recording required data.
(3) No driver or motor carrier may allow someone else to tamper with an ELD.
(f) The driver’s activities shall be documented in accordance with the following provisions:
(1) Entries to be current. Drivers must ensure that their records of duty status are up to date with respect to the last change in duty status.
(2) Entries made by the driver only. All entries regarding a driver’s duty status must be clear, legible, and made solely by the driver.
(3) Date. The form containing the driver’s duty status record must display the month, day, and year for the start of each 24-hour period.
(4) Total miles driven today. The total distance traveled during the 24-hour period should be recorded on the form containing the driver’s duty status.
(5) Commercial motor vehicle identification. The driver must indicate the number assigned by the motor carrier or the license number and state of registration for each commercial motor vehicle operated during that 24-hour period. For drivers of articulated (combination) vehicles, they must record the number assigned by the motor carrier or the license number and state for each vehicle within the combination used during the 24-hour period.
(6) Name of motor carrier. The name(s) of the motor carrier(s) the driver worked for must be shown on the form containing the duty status record. If the driver works for more than one carrier during the same 24-hour period, the times worked for each carrier (with AM/PM) must be indicated after each motor carrier’s name. Drivers operating leased vehicles must also display the name of the motor carrier performing the transportation.
(7) Signature/certification. The driver must sign the form containing the duty status record with their legal name, certifying the accuracy of all entries made by the driver. The signature confirms that the entries are true and correct.
(8) Time base to be used.
(i) The driver’s duty status record must 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 designated by the motor carrier for the driver’s home terminal.
(ii) The phrase “7 or 8 consecutive days” refers to the 7 or 8 consecutive 24-hour periods designated by the carrier for the driver’s home terminal.
(iii) The starting time for the 24-hour period must be specified on the driver’s duty status record. One-hour increments must be preprinted on the grid, with “Midnight” and “Noon” clearly marked above or beside the appropriate one-hour mark.
(9) Main office address. The motor carrier’s main office address must be included on the form containing the driver’s duty status record.
(10) Recording days off duty. If a driver takes two or more consecutive 24-hour periods off duty, they may record this time on a single duty status form.
(11) Total hours. The total hours in each duty status category—off-duty (not in a sleeper berth), off-duty in a sleeper berth, driving, and on-duty not driving—must be entered to the right of the grid. The total of these entries should equal 24 hours.
(12) Shipping document number(s) or name of shipper and commodity. The driver must show the shipping document number(s), or the name of the shipper and the commodity being transported, on their duty status record.
(g) Graph grid. A graph grid, as detailed in paragraph (d) of this section, must be included in the motor carrier’s record-keeping system, ensuring all required information is provided.
(h) Graph grid preparation. The graph grid may be used either horizontally or vertically and must be completed as follows:
(1) Off duty. Except for time spent resting in a sleeper berth, a continuous line must be drawn between the appropriate time markers to record periods when the driver is off duty, not required to be in a state of readiness to work, or is not responsible for performing any work.
(2) Sleeper berth. A continuous line should be drawn between the appropriate time markers to indicate the period(s) of time when the driver is off duty and resting in a sleeper berth, as defined in § 395.2. (If a non-sleeper berth operation is used, sleeper berth periods need not be shown on the grid.)
(3) Driving. A continuous line must be drawn between the appropriate time markers to indicate the period(s) of driving time, as defined in § 395.2.
(4) On duty not driving. A continuous line must be drawn between the appropriate time markers to indicate periods of time when the driver is on duty but not driving, as specified in § 395.2.
(5) Location—remarks. The name of the city, town, or village, along with the State abbreviation, where each change in duty status occurs, must be recorded.
Note: If a change in duty status occurs at a location other than a city, town, or village, one of the following must be shown:
(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) [Reserved]
(j) Drivers used by more than one motor carrier.
(1) If a driver’s services are used by more than one motor carrier during any 24-hour period, the driver must submit a copy of the duty status record to each motor carrier. The record must include:
(i) The total duty time for the entire 24-hour period,
(ii) The name of each motor carrier served by the driver during the period, and
(iii) The beginning and ending times (including a.m. or p.m.) worked for each carrier.
(2) Motor carriers that use a driver for the first time or intermittently must obtain from the driver a signed statement showing the total time on duty during the previous 7 days and the time when the driver was last relieved from duty before starting work for the motor carrier.
(k) Retention of driver’s record of duty status and supporting documents.
(1) A motor carrier must retain duty status records and supporting documents for each of its drivers for at least 6 months from the date of receipt.
(2) The driver must retain a copy of each record of duty status for the previous 7 consecutive days, which must be in the driver’s possession and available for inspection while on duty.
- 395.10 [Reserved]
- 395.11 Supporting Documents
(a) Effective Date: This section comes into effect on December 18, 2017.
(b) Submission of Supporting Documents to Motor Carrier: Except for drivers working for private nonbusiness passenger carriers, drivers must submit their supporting documents to their employer within 13 days after the 24-hour period the documents refer to, or from the day the document is received, whichever is later.
(c) Retention of Supporting Documents:
(1) Subject to paragraph (d) of this section, motor carriers must retain each supporting document generated or received in the normal course of business for each driver to verify on-duty non-driving time as required by § 395.8(k). These include:
(i) Bills of lading, itineraries, schedules, or similar documents showing the origin and destination of each trip.
(ii) Dispatch or trip records, or equivalent documents.
(iii) Receipts for expenses incurred during on-duty, non-driving time.
(iv) Records of electronic mobile communications through fleet management systems.
(v) Payroll records, settlement sheets, or similar documents indicating payment to a driver.
(2) Each supporting document must include the following elements:
(i) The driver’s name, personal identification number (PIN), or vehicle number if it can be linked to the driver.
(ii) The date the document was recorded, corresponding to the location of the event.
(iii) The location, including the nearest city, town, or village, so that enforcement personnel can identify the vehicle’s location.
(iv) The time, which must be convertible to local time at the location where it is recorded.
(ii) If fewer than eight supporting documents contain the above data elements, any document with the first three elements is considered a supporting document.
(d) Maximum Number of Supporting Documents:
(1) A motor carrier is not required to retain more than eight supporting documents per driver per 24-hour period, as specified in paragraph (c).
(2) Each electronic mobile communication document counts as one supporting document.
(3) If there are more than eight supporting documents for a given period, the carrier must retain the ones with the earliest and latest time entries.
(4) In addition to the documents mentioned above, toll receipts must be kept by the motor carrier if the driver used paper records of duty status.
(e) Linking to Driver’s Record of Duty Status: Motor carriers must store supporting documents in a way that allows them to be easily matched with the corresponding driver’s record of duty status.
(f) Prohibition of Alteration: Neither the motor carrier nor the driver may alter, obscure, destroy, or deface any information on a supporting document.
(g) Availability of Supporting Documents at Roadside:
(1) During a roadside inspection, drivers must present any supporting document in their possession for review by authorized officials.
(2) Drivers are not required to present the supporting document in a specific format, only in the format it is in at the time.
(h) Self-Compliance Systems:
(1) The FMCSA may approve self-compliance systems for motor carriers on a case-by-case basis.
(2) Requests for the use of a self-compliance system can be submitted to FMCSA according to the procedures in 49 CFR part 381, subpart C.
(3) FMCSA will review requests regarding the types of supporting documents retained and how drivers keep records of their duty status.
[80 FR 78384, Dec. 16, 2015]
- 395.12 [Reserved]
- 395.13 Drivers Ordered Out of Service
(a) Authority to Order Out of Service: Special agents from the Federal Motor Carrier Safety Administration (FMCSA) can order a driver out of service and notify the motor carrier if the driver violates out-of-service criteria during an inspection.
(b) Out of Service Criteria:
(1) A driver must not drive after exceeding the maximum allowed on-duty hours.
(2) A driver required to keep a record of duty status under § 395.8 must have a current record for the day of inspection and the previous seven days.
(3) Exception: A driver without a current record for the day or the previous day can update their record to bring it current.
(c) Motor Carrier Responsibilities:
(1) No motor carrier may allow a driver who has been ordered out of service to operate a vehicle until the driver is legally allowed to do so.
(2) If a driver is ordered out of service for failing to complete a record of duty status, the carrier must ensure the driver has had the required rest before returning to service. This rest period may include sleeper berth time.
(3) The motor carrier must complete the “Motor Carrier Certification of Action Taken” form and submit it to the FMCSA within 15 days, either by mail or in person.
(d) Driver Responsibilities:
(1) A driver who is ordered out of service must not operate a vehicle until they meet the legal requirements.
(2) A driver ordered out of service for failing to prepare a duty status record must rest the required consecutive hours and meet the requirements before resuming driving.
(3) A driver who has been ordered out of service must deliver or mail the order form to the designated recipient within 24 hours.
(4) This section does not change hazardous material requirements set forth in § 397.5, which concerns vehicle surveillance and attendance.
- § 395.15-395.19 [Reserved]
Subpart B—Electronic Logging Devices (ELDs)
Source: 80 FR 78385, Dec. 16, 2015, unless otherwise noted.
- 395.20 ELD applicability and scope.
(a) Scope. This subpart applies to ELDs used to record a driver’s hours of service under § 395.8(a).
(b) Applicability. An ELD used after December 18, 2017 must meet the requirements of this subpart.
- 395.22 Motor carrier responsibilities—In general.
(a) Registered ELD required. A motor carrier required to use an ELD must use only an ELD that is listed on the Federal Motor Carrier Safety Administration’s registered ELDs list, accessible through the Agency’s website, www.fmcsa.dot.gov/devices.
(b) User rights management.
(1) This paragraph applies to a motor carrier whose drivers use ELDs and to the motor carrier’s support personnel who have been authorized by the motor carrier to access ELD records and make or suggest authorized edits.
(2) A motor carrier must:
(i) Manage ELD accounts, including creating, deactivating, and updating accounts, and ensure that properly authenticated individuals have ELD accounts with appropriate rights;
(ii) Assign a unique ELD username to each user account with the required user identification data;
(iii) Ensure that a driver’s license used in the creation of an ELD driver account is valid and corresponds to the driver using the ELD account; and
(iv) Ensure that information entered to create a new account is accurate.
(c) Driver identification data.
(1) The ELD user account assigned by the motor carrier to a driver requires the following data elements:
(i) A driver’s first and last name, as reflected on the driver’s license;
(ii) A unique ELD username selected by the motor carrier;
(iii) The driver’s valid driver’s license number; and
(iv) The State or jurisdiction that issued the driver’s license.
(2) The driver’s license number or Social Security number must not be used as, or as part of, the username for the account created on an ELD.
(d) Motor carrier support personnel identification data. The ELD user account assigned by a motor carrier to support personnel requires the following data elements:
(1) The individual’s first and last name, as reflected on a government issued identification; and
(2) A unique ELD username selected by the motor carrier.
(e) Proper log-in required. The motor carrier must require that its drivers and support personnel log into the ELD system using their proper identification data.
(f) Calibration. A motor carrier must ensure that an ELD is calibrated and maintained in accordance with the provider’s specifications.
(g) Portable ELDs. If a driver uses a portable ELD, the motor carrier shall ensure that the ELD is mounted in a fixed position during the operation of the commercial motor vehicle and visible to the driver when the driver is seated in the normal driving position.
(h) In-vehicle information. A motor carrier must ensure that its drivers possess onboard a commercial motor vehicle an ELD information packet containing the following items:
(1) A user’s manual for the driver describing how to operate the ELD;
(2) An instruction sheet for the driver describing the data transfer mechanisms supported by the ELD and step-by-step instructions for the driver to produce and transfer the driver’s hours-of-service records to an authorized safety official;
(3) An instruction sheet for the driver describing ELD malfunction reporting requirements and recordkeeping procedures during ELD malfunctions; and
(4) 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 a minimum of 8 days.
(i) Record backup and security.
(1) A motor carrier must retain for 6 months a back-up copy of the ELD records on a device separate from that on which the original data are stored.
(2) A motor carrier must retain a driver’s ELD records so as to protect a driver’s privacy in a manner consistent with sound business practices.
(j) Record production. When requested by an authorized safety official, a motor carrier must produce ELD records in an electronic format either at the time of the request or, if the motor carrier has multiple offices or terminals, within the time permitted under § 390.29 of this subchapter.
[80 FR 78385, Dec. 16, 2015, as amended at 88 FR 80192, Nov. 17, 2023]
- 395.24 Driver responsibilities—In general.
(a) In general. A driver must provide the information the ELD requires as prompted by the ELD and required by the motor carrier.
(b) Driver’s duty status. A driver must input the driver’s duty status by selecting among the following categories available on the ELD:
(1) “Off duty” or “OFF” or “1”;
(2) “Sleeper berth” or “SB” or “2”, to be used only if sleeper berth is used;
(3) “Driving” or “D” or “3”; or
(4) “On-duty not driving” or “ON” or “4”.
(c) Miscellaneous data.
(1) A driver must manually input the following information in the ELD:
(i) Annotations, when applicable;
(ii) Driver’s location description, when prompted by the ELD; and
(iii) Output file comment, when directed by an authorized safety officer.
(2) A driver must manually input or verify the following information on the ELD:
(i) Commercial motor vehicle power unit number;
(ii) Trailer number(s), if applicable; and
(iii) Shipping document number, if applicable.
(d) Driver use of ELD. On request by an authorized safety official, a driver must produce and transfer from an ELD the driver’s hours-of-service records in accordance with the instruction sheet provided by the motor carrier.
- 395.26 ELD data automatically recorded.
(a) In general. An ELD provides the following functions and automatically records the data elements listed in this section in accordance with the requirements contained in appendix A to subpart B of this part.
(b) Data automatically recorded. The ELD automatically records the following data elements:
(1) Date;
(2) Time;
(3) CMV geographic location information;
(4) Engine hours;
(5) Vehicle miles;
(6) Driver or authenticated user identification data;
(7) Vehicle identification data; and
(8) Motor carrier identification data.
(c) Change of duty status. When a driver indicates a change of duty status under § 395.24(b), the ELD records the data elements in paragraphs (b)(1) through (8) of this section.
(d) Intermediate recording.
(1) When a commercial motor vehicle is in motion and there has not been a duty status change or another intermediate recording in the previous 1 hour, the ELD automatically records an intermediate recording that includes the data elements in paragraphs (b)(1) through (8) of this section.
(2) If the intermediate recording is created during a period when the driver indicates authorized personal use of a commercial motor vehicle, the data elements in paragraphs (b)(4) and (5) of this section (engine hours and vehicle miles) will be left blank and paragraph (b)(3) of this section (location) will be recorded with a single decimal point resolution (approximately within a 10-mile radius).
(e) Change in the special driving category. If a driver indicates a change in status under § 395.28(a)(2), the ELD records the data elements in paragraphs (b)(1) through (8) of this section.
(f) Certification of the driver’s daily record. The ELD provides a function for recording the driver’s certification of the driver’s records for every 24-hour period. When a driver certifies or recertifies the driver’s records for a given 24-hour period under § 395.30(b)(2), the ELD records the date, time and driver identification data elements in paragraphs (b)(1), (2), and (6) of this section.
(g) Log in/log out. When an authorized user logs into or out of an ELD, the ELD records the data elements in paragraphs (b)(1) and (2) and (b)(4) through (8) of this section.
(h) Engine power up/shut down. When a commercial motor vehicle’s engine is powered up or powered down, the ELD records the data elements in paragraphs (b)(1) through (8) of this section.
(i) Authorized personal use. If the record is created during a period when the driver has indicated authorized personal use of a commercial motor vehicle, the data element in paragraph (b)(3) of this section is logged with a single decimal point resolution (approximately within a 10-mile radius).
(j) Malfunction and data diagnostic event. When an ELD detects or clears a malfunction or data diagnostic event, the ELD records the data elements in paragraphs (b)(1) and (2) and (b)(4) through (8) of this section.
- 395.28 Special driving categories; other driving statuses.
(a) Special driving categories —
(1) Motor carrier options. A motor carrier may configure an ELD to authorize a driver to indicate that the driver is operating a commercial motor vehicle under any of the following special driving categories:
(i) Authorized personal use; and
(ii) Yard moves.
(2) Driver’s responsibilities. A driver operating a commercial motor vehicle under one of the authorized categories listed in paragraph (a)(1) of this section:
(i) Must select on the ELD the applicable special driving category before the start of the status and deselect when the indicated status ends; and
(ii) When prompted by the ELD, annotate the driver’s ELD record describing the driver’s activity.
(b) Drivers exempt from ELD use. A motor carrier may configure an ELD to designate a driver as exempt from ELD use.
(c) Other driving statuses. A driver operating a commercial motor vehicle under any exception under § 390.3(f) of this subchapter or § 395.1 who is not covered under paragraph (a) or (b) of this section must annotate the driver’s ELD record to explain the applicable exemption.
- 395.30 ELD record submissions, edits, annotations, and data retention.
(a) Accurate record keeping. A driver and the motor carrier must ensure that the driver’s ELD records are accurate.
(b) Review of records and certification by driver.
(1) A driver must review the driver’s ELD records, edit and correct inaccurate records, enter any missing information, and certify the accuracy of the information.
(2) Using the certification function of the ELD, the driver must certify the driver’s records by affirmatively selecting “Agree” immediately following a statement that reads, “I hereby certify that my data entries and my record of duty status for this 24-hour period are true and correct.” The driver must certify the record immediately after the final required entry has been made or corrected for the 24-hour period.
(3) The driver must submit the driver’s certified ELD records to the motor carrier in accordance with § 395.8(a)(2).
(4) If any edits are necessary after the driver submits the records to the motor carrier, the driver must recertify the record after the edits are made.
(c) Edits, entries, and annotations.
(1) Subject to the edit limitations of an ELD, a driver may edit, enter missing information, and annotate ELD recorded events. When edits, additions, or annotations are necessary, a driver must use the ELD and respond to the ELD’s prompts.
(2) The driver or support personnel must annotate each change or addition to a record.
(3) In the case of team drivers, if there were a mistake resulting in the wrong driver being assigned driving-time hours by the ELD, and if the team drivers were both indicated in each other’s records for that period as co-drivers, driving time may be edited and reassigned between the team drivers following the procedure supported by the ELD.
(d) Motor carrier-proposed edits.
(1) On review of a driver’s submitted records, the motor carrier may request edits to a driver’s records of duty status to ensure accuracy. A driver must confirm or reject any proposed change, implement the appropriate edits on the driver’s record of duty status, and recertify and resubmit the records in order for any motor carrier-proposed changes to take effect.
(2) A motor carrier may not request edits to the driver’s electronic records before the records have been submitted by the driver.
(3) Edits requested by any system or by any person other than the driver must require the driver’s electronic confirmation or rejection.
(e) Coercion prohibited. A motor carrier may not coerce a driver to make a false certification of the driver’s data entries or record of duty status.
(f) Motor carrier data retention requirements. A motor carrier must not alter or erase, or permit or require alteration or erasure of, the original information collected concerning the driver’s hours of service, the source data streams used to provide that information, or information contained in any ELD that uses the original information and HOS source data.
- 395.32 Non-authenticated driver logs.
(a) Tracking non-authenticated operation. The ELD must associate the non-authenticated operation of a commercial motor vehicle with a single account labeled “Unidentified Driver” as soon as the vehicle is in motion, if no driver has logged into the ELD.
(b) Driver. When a driver logs into an ELD, the driver must review any unassigned driving time when prompted by the ELD and must:
(1) Assume any records that belong to the driver under the driver’s account; or
(2) Indicate that the records are not attributable to the driver.
(c) Motor carrier.
(1) A motor carrier must ensure that records of unidentified driving are reviewed and must:
(i) Annotate the record, explaining why the time is unassigned; or
(ii) Assign the record to the appropriate driver to correctly reflect the driver’s hours of service.
(2) A motor carrier must retain unidentified driving records for each ELD for a minimum of 6 months from the date of receipt.
(3) During a safety inspection, audit or investigation by an authorized safety official, a motor carrier must make available unidentified driving records from the ELD corresponding to the time period for which ELD records are required.
- 395.34 ELD malfunctions and data diagnostic events.
(a) Recordkeeping during ELD malfunctions. In case of an ELD malfunction, a driver must do the following:
(1) Note the malfunction of the ELD and provide written notice of the malfunction to the motor carrier within 24 hours;
(2) Reconstruct the record of duty status for the current 24-hour period and the previous 7 consecutive days, and record the records of duty status on graph-grid paper logs that comply with § 395.8, unless the driver already possesses the records or the records are retrievable from the ELD; and
(3) Continue to manually prepare a record of duty status in accordance with § 395.8 until the ELD is serviced and brought back into compliance with this subpart.
(b) Inspections during malfunctions. When a driver is inspected for hours of service compliance during an ELD malfunction, the driver must provide the authorized safety official the driver’s records of duty status manually kept as specified under paragraphs (a)(2) and (3) of this section.
(c) Driver requirements during ELD data diagnostic events. If an ELD indicates that there is a data inconsistency that generates a data diagnostic event, the driver must follow the motor carrier’s and ELD provider’s recommendations in resolving the data inconsistency.
(d) Motor carrier requirements for repair, replacement, or service.
(1) If a motor carrier receives or discovers information concerning the malfunction of an ELD, the motor carrier must take actions to correct the malfunction of the ELD within 8 days of discovery of the condition or a driver’s notification to the motor carrier, whichever occurs first.
(2) A motor carrier seeking to extend the period of time permitted for repair, replacement, or service of one or more ELDs shall notify the FMCSA Division Administrator for the State of the motor carrier’s principal place of business within 5 days after a driver notifies the motor carrier under paragraph (a)(1) of this section. Each request for an extension under this section must be signed by the motor carrier and must contain:
(i) The name, address, and telephone number of the motor carrier representative who files the request;
(ii) The make, model, and serial number of each ELD;
(iii) The date and location of each ELD malfunction as reported by the driver to the carrier; and
(iv) A concise statement describing actions taken by the motor carrier to make a good faith effort to repair, replace, or service the ELD units, including why the carrier needs additional time beyond the 8 days provided by this section.
(3) If FMCSA determines that the motor carrier is continuing to make a good faith effort to ensure repair, replacement, or service to address the malfunction of each ELD, FMCSA may allow an additional period.
(4) FMCSA will provide written notice to the motor carrier of its determination. The determination may include any conditions that FMCSA considers necessary to ensure hours-of-service compliance. The determination shall constitute a final agency action.
(5) A motor carrier providing a request for extension that meets the requirements of paragraph (d)(2) of this section is deemed in compliance with § 395.8(a)(1)(i) and (a)(2) until FMCSA makes an extension determination under this section, provided the motor carrier and driver continue to comply with the other requirements of this section.
§ 395.36 Driver Access to Records
(a) Access to ELD Records.
Drivers must have direct access to their own electronic logging device (ELD) records. A motor carrier may not require drivers to obtain copies of their ELD records through the carrier if the records exist on or are directly retrievable from the ELD used by the driver.
(b) Access to Carrier-Held Records.
If ELD records are not accessible under paragraph (a), the motor carrier must provide drivers with access to and copies of their records upon request. This applies during the retention period specified in § 395.8(k).
§ 395.38 Incorporation by Reference
(a) General.
Certain materials referenced in this part have been approved by the Director of the Office of the Federal Register under 5 U.S.C. 552(a) and 1 CFR part 51. To enforce any updated edition, the Federal Motor Carrier Safety Administration (FMCSA) must announce the change in the Federal Register, and the material must remain publicly accessible. Approved materials can be inspected at the FMCSA Office of Analysis, Research, and Technology or through the sources listed below. They are also available at the National Archives and Records Administration (NARA) (contact: 202-741-6030 or visit www.archives.gov).
(b) American National Standards Institute (ANSI)
Address: 11 West 42nd Street, New York, NY 10036
Website: webstore.ansi.org | Phone: (212) 642-4900
- ANSI INCITS 4-1986 (R2012): 7-Bit ASCII Code, approved June 14, 2007 (referenced in § 4.8.2.1, Appendix A to Subpart B).
- ANSI INCITS 446-2008 (R2013): Attributes for Named Geographic Features, approved October 28, 2008 (referenced in § 4.4.2, Appendix A to Subpart B).
(c) Bluetooth SIG, Inc.
Address: 5209 Lake Washington Blvd. NE., Suite 350, Kirkland, WA 98033
Website: bluetooth.org | Phone: (425) 691-3535
- Bluetooth Core Package v2.1 + EDR: Approved July 26, 2007 (referenced in §§ 4.9.1, 4.9.2, 4.10.1.4, 4.10.2, Appendix A to Subpart B).
(d) Institute of Electrical and Electronics Engineers (IEEE)
Address: 445 Hoes Lane, Piscataway, NJ 08854-4141
Website: standards.ieee.org | Phone: (732) 981-0060
- IEEE Std 1667-2009: Authentication for Transient Storage Devices, approved November 11, 2009 (referenced in § 4.10.1.3, Appendix A to Subpart B).
(e) Internet Engineering Task Force (IETF)
Address: C/o Association Management Solutions, LLC, 48377 Fremont Blvd., Suite 117, Fremont, CA 94538
Phone: (510) 492-4080
- IETF RFC 3565: AES Encryption in CMS, July 2003 (§ 4.10.1.2, Appendix A).
- IETF RFC 4056: RSASSA-PSS in CMS, June 2005 (§ 4.10.1.2, Appendix A).
- IETF RFC 5246: TLS Protocol v1.2, August 2008 (§ 4.10.1.1, Appendix A).
- IETF RFC 5321: Simple Mail Transfer Protocol, October 2008 (§ 4.10.1.2, Appendix A).
- IETF RFC 5322: Internet Message Format, October 2008 (§ 4.10.1.2, Appendix A).
- IETF RFC 5751: S/MIME v3.2, January 2010 (§ 4.10.1.2, Appendix A).
- IETF RFC 7230: HTTP/1.1 Syntax and Routing, June 2014 (§ 4.10.1.1, Appendix A).
- IETF RFC 7231: HTTP/1.1 Semantics and Content, June 2014 (§ 4.10.1.1, Appendix A).
(f) National Institute of Standards and Technology (NIST)
Address: 100 Bureau Drive, Stop 1070, Gaithersburg, MD 20899-1070
Website: nist.gov | Phone: (301) 975-6478
- FIPS PUB 197: Advanced Encryption Standard (AES), approved November 26, 2001 (§§ 4.10.1.2, 4.10.1.3, Appendix A).
- SP 800-32: Public Key Technology and Federal PKI Infrastructure, February 26, 2001 (§ 4.10.1.2, Appendix A).
(g) Universal Serial Bus Implementers Forum (USBIF)
Address: 3855 SW 153rd Drive, Beaverton, OR 97006
Website: usb.org | Phone: (503) 619-0426
- USB Specification, Revision 2.0: Approved April 27, 2000 (updated April 3, 2015) (§§ 4.9.1, 4.9.2, 4.10.1.3, 4.10.2, Appendix A).
(h) World Wide Web Consortium (W3C)
Address: 32 Vassar Street, Building 32-G514, Cambridge, MA 02139
Website: w3.org | Phone: (617) 253-2613
SOAP Version 1.2 Part 1: Approved April 2007 (§ 4.10.1.1, Appendix A).
Appendix A to Subpart B of Part 395—Functional Specifications for All Electronic Logging Devices (ELDs)
Table of Contents
- Scope and Description Scope
1.1. ELD Function
1.2. System Users
1.3. System Architecture
1.4. System Design
1.5. Sections of Appendix
- Abbreviations
- Definitions; Notations
3.1. Definitions
3.1.1. Databus
3.1.2. ELD Event
3.1.3. Exempt Driver
3.1.4. Geo-Location
3.1.5. Ignition Power Cycle, Ignition Power On Cycle, Ignition Power Off Cycle
3.1.6. Unidentified Driver
3.2. Notations
- Functional Requirements
4.1. ELD User Accounts
4.1.1. Account Types
4.1.2. Account Creation
4.1.3. Account Security
4.1.4. Account Management
4.1.5. Non-Authenticated Operation
4.2. ELD-Vehicle Interface
4.3. ELD Inputs
4.3.1. ELD Sensing
4.3.1.1. Engine Power Status
4.3.1.2. Vehicle Motion Status
4.3.1.3. Vehicle Miles
4.3.1.4. Engine Hours
4.3.1.5. Date and Time
4.3.1.6. CMV Position
4.3.1.7. CMV VIN
4.3.2. Driver’s Manual Entries
4.3.2.1. Driver’s Entry of Required Event Data Fields
4.3.2.2. Driver’s Status Inputs
4.3.2.2.1. Driver’s Indication of Duty Status
4.3.2.2.2. Driver’s Indication of Situations Impacting Driving Time Recording
4.3.2.3. Driver’s Certification of Records
4.3.2.4. Driver’s Data Transfer Initiation Input
4.3.2.5. Driver’s Entry of an Output File Comment
4.3.2.6. Driver’s Annotation of Records
4.3.2.7. Driver’s Entry of Location Information
4.3.2.8. Driver’s Record Entry/Edit
4.3.2.8.1 Mechanism for Driver Edits and Annotations
4.3.2.8.2 Driver Edit Limitations
4.3.3. Motor Carrier’s Manual Entries
4.3.3.1. ELD Configuration
4.3.3.1.1. Configuration of Available Categories Impacting Driving Time Recording
4.3.3.1.2. Configuration of Using ELDs
4.3.3.1.3. Motor Carrier’s Post-Review Electronic Edit Request
4.4. ELD Processing and Calculations
4.4.1. Conditions for Automatic Setting of Duty Status
4.4.1.1. Automatic Setting of Duty Status to Driving
4.4.1.2. Automatic Setting of Duty Status to On-Duty Not Driving
4.4.1.3. Other Automatic Duty-Status Setting Actions Prohibited
4.4.2. Geo-Location Conversions
4.4.3. Date and Time Conversions
4.4.4. Setting of Event Parameters in Records, Edits, and Entries
4.4.4.1. Event Sequence Identifier (ID) Number
4.4.4.2. Event Record Status, Event Record Origin, Event Type Setting
4.4.4.2.1. Records Automatically Logged by ELD
4.4.4.2.2. Driver Edits
4.4.4.2.3. Driver Entries
4.4.4.2.4. Driver’s Assumption of Unidentified Driver Logs
4.4.4.2.5. Motor Carrier Edit Suggestions
4.4.4.2.6. Driver’s Actions Over Motor Carrier Edit Suggestions
4.4.5. Data Integrity Check Functions
4.4.5.1. Event Data Check
4.4.5.1.1. Event Checksum Calculation
4.4.5.1.2. Event Data Check Calculation
4.4.5.2. Line Data Check
4.4.5.2.1. Line Checksum Calculation
4.4.5.2.2. Line Data Check Calculation
4.4.5.2.3. Line Data Check Value Inclusion in Output File
4.4.5.3. File Data Check
4.4.5.3.1. File Checksum Calculation
4.4.5.3.2. File Data Check Value Calculation
4.4.5.3.3. File Data Check Value Inclusion in Output File.
4.5. ELD Recording
4.5.1. Events and Data To Record
4.5.1.1. Event: Change in Driver’s Duty Status
4.5.1.2. Event: Intermediate Logs
4.5.1.3. Event: Change in Driver’s Indication of Allowed Conditions that Impact Driving Time Recording
4.5.1.4. Event: Driver’s Certification of Own Records
4.5.1.5. Event: Driver’s Login/Logout Activity
4.5.1.6. Event: CMV’s Engine Power Up and Shut Down Activity
4.5.1.7. Event: ELD Malfunction and Data Diagnostics Occurrence
4.6. ELD’s Self-Monitoring of Required Functions
4.6.1. Compliance Self-Monitoring, Malfunctions and Data Diagnostic Events
4.6.1.1. Power Compliance Monitoring
4.6.1.2. Engine Synchronization Compliance Monitoring
4.6.1.3. Timing Compliance Monitoring
4.6.1.4. Positioning Compliance Monitoring
4.6.1.5. Data Recording Compliance Monitoring
4.6.1.6. Monitoring Records Logged under the Unidentified Driver Profile
4.6.1.7. Data Transfer Compliance Monitoring
4.6.1.8. Other Technology-Specific Operational Health Monitoring
4.6.2. ELD Malfunction Status Indicator
4.6.2.1. Visual Malfunction Indicator
4.6.3. ELD Data Diagnostic Status Indicator
4.6.3.1. Visual Data Diagnostics Indicator
4.7. Special Purpose ELD Functions
4.7.1. Driver’s ELD Volume Control
4.7.2. Driver’s Access To Own ELD Records
4.7.3. Privacy Preserving Provision for Use During Personal Uses of a CMV
4.8. ELD Outputs
4.8.1. Printout or Display
4.8.1.1. Print Paper Requirements
4.8.1.2. Display Requirements
4.8.1.3. Information To Be Shown on the Printout and Display at Roadside
4.8.2. ELD Data File
4.8.2.1. ELD Output File Standard
4.8.2.1.1. Header Segment
4.8.2.1.2. User List
4.8.2.1.3. CMV List
4.8.2.1.4. ELD Event List for Driver’s Record of Duty Status
4.8.2.1.5. Event Annotations, Comments, and Driver’s Location Description
4.8.2.1.6. ELD Event List for Driver’s Certification of Own Records
4.8.2.1.7. Malfunction and Diagnostic Event Records
4.8.2.1.8. ELD Login/Logout Report
4.8.2.1.9. CMV’s Engine Power-Up and Shut Down Activity
4.8.2.1.10. ELD Event Log List for the Unidentified Driver Profile
4.8.2.1.11. File Data Check Value
4.8.2.2. ELD Output File Name Standard
4.9. Data Transfer Capability Requirements
4.9.1. Data Transfer During Roadside Safety Inspections
4.9.2. Motor Carrier Data Reporting
4.10. Communications Standards for the Transmittal of Data Files From ELDs
4.10.1. Data Transfer Mechanisms
4.10.1.1. Wireless Data Transfer via Web Services
4.10.1.2. Wireless Data Transfer Through E-Mail
4.10.1.3. Data Transfer via USB 2.0
4.10.1.4 Wireless Data Transfer via Bluetooth®
4.10.2. Motor Carrier Data Transmission
- ELD Registration and Certification
5.1. ELD Provider’s Registration
5.1.1. Registering Online
5.1.2. Keeping Information Current
5.1.3. Authentication Information Distribution
5.2. Certification of Conformity With FMCSA Standards
5.2.1. Online Certification
5.2.2. Procedure To Validate an ELD’s Authenticity
5.3. Publicly Available Information
5.4. Removal of Listed Certification
5.4.1. Removal Process
5.4.2. Notice
5.4.3. Response
5.4.4. Agency Action
5.4.5. Administrative Review
- References
- Data Elements Dictionary
7.1. 24-Hour Period Starting Time
7.2. Carrier Name
7.3. Carrier’s USDOT Number
7.4. CMV Power Unit Number
7.5. CMV VIN
7.6. Comment/Annotation
7.7. Data Diagnostic Event Indicator Status
7.8. Date
7.9. Distance Since Last Valid Coordinates
7.10. Driver’s License Issuing State
7.11. Driver’s License Number
7.12. Driver’s Location Description
7.13. ELD Account Type
7.14. ELD Authentication Value
7.15. ELD Identifier
7.16. ELD Provider
7.17. ELD Registration ID
7.18. ELD Username
7.19. Engine Hours
7.20. Event Code
7.21. Event Data Check Value
7.22. Event Record Origin
7.23. Event Record Status
7.24. Event Sequence ID Number
7.25. Event Type
7.26. Exempt Driver Configuration
7.27. File Data Check Value
7.28. First Name
7.29. Geo-Location
7.30. Last Name
7.31. Latitude
7.32. Line Data Check Value
7.33. Longitude
7.34. Malfunction/Diagnostic Code
7.35. Malfunction Indicator Status
7.36. Multiday Basis Used
7.37. Order Number
7.38. Output File Comment
7.39. Shipping Document Number
7.40. Time
7.41. Time Zone Offset from UTC
7.42. Trailer Number(s)
7.43. Vehicle Miles
- Scope and Description
(a) This appendix outlines the minimum requirements for an electronic logging device (ELD) that an ELD provider must meet to design, build, and certify its technology as compliant with this appendix.
1.1. ELD Function
The ELD described in this appendix is an electronic system designed to record electronic records of duty status (RODS) for commercial motor vehicle (CMV) drivers while operating within a driving environment. The device must meet all compliance requirements outlined in this appendix.
1.2. System Users
ELD users include:
(a) CMV drivers employed by a motor carrier; and
(b) Support personnel authorized by the motor carrier to:
(1) Create, delete, and manage user accounts;
(2) Configure permitted ELD settings; and
(3) Access, review, and manage drivers’ ELD records on behalf of the motor carrier.
1.3. System Architecture
An ELD may be deployed as a stand-alone device or integrated within another electronic system. It may be permanently installed in a CMV or operate on a portable handheld unit transferable between vehicles. Regardless of the system architecture, all implementations must meet the same functional requirements outlined in this appendix.
1.4. System Design
(a) An ELD must be integrally synchronized with the CMV’s engine to automatically record driving time for the driver operating the vehicle using the ELD.
(b) An ELD must allow manual data inputs by the driver and motor carrier support personnel. Additionally, it must automatically capture essential data, including date, time, vehicle location, and vehicle operational parameters.
(c) The ELD must record a driver’s electronic RODS and supporting events, including all required data elements specified in this appendix. It must retain sufficient data to satisfy the performance criteria outlined herein.
(d) The ELD must generate a standardized data file and transfer it to an authorized safety official upon request.
(e) This appendix defines the minimum required data elements for event records to ensure that all compliant ELDs are capable of producing a standardized output file.
1.5. Sections of Appendix
(a) Section 2 provides a list of abbreviations used throughout this appendix.
(b) Section 3 defines key terms and notations referenced in this document.
(c) Section 4 outlines the functional requirements for an ELD. Specifically:
- Section 4.1 details security requirements for account management within an ELD system, introducing the concept of the “Unidentified Driver” account.
- Section 4.2 explains the internal engine synchronization requirements and their role in recording a driver’s record of duty status in CMVs.
- Section 4.3 describes the ELD inputs:
- Section 4.3.1 covers automatically measured signals by the ELD.
- Section 4.3.2 addresses manual entries made by the authenticated driver.
- Section 4.3.3 pertains to manual entries made by the motor carrier.
- Section 4.4 specifies ELD internal processing and information flow tracking, including:
- Section 4.4.1 prohibitions and conditions for automatic duty-status settings.
- Section 4.4.2 geo-location requirements.
- Section 4.4.3 date and time conversion functions.
- Section 4.4.4 the use of event attributes to track edit and entry history.
- Section 4.4.5 data check functions for secure ELD log recordings.
- Section 4.5 identifies the events an ELD must record and specifies the required data elements for each event type.
- Section 4.6 introduces device self-monitoring standards, including the minimal set of malfunctions and data diagnostic events an ELD must detect.
- Section 4.7 describes technical safeguards against driver harassment and includes privacy provisions for personal use of a CMV.
- Section 4.8 explains ELD outputs, covering both user-displayed information and the standard data output file an ELD must generate.
- Sections 4.9 and 4.10 address data reporting requirements and the communication protocols, respectively.
(d) Section 5 explains the ELD certification and registration process.
(e) Section 6 provides a list of references cited throughout this appendix.
(f) Section 7 contains the data elements dictionary, which references each data element defined in this appendix.
- Abbreviations
3 pDP Third-Party Developers’ Partnership
ASCII American Standard Code for Information Interchange
CAN Control Area Network
CMV Commercial Motor Vehicle
ECM Electronic Control Module
ELD Electronic Logging Device
FMCSA Federal Motor Carrier Safety Administration
HOS Hours of Service
HTTP Hypertext Transfer Protocol
HTTPS Hypertext Transfer Protocol Secure
ICD Interface Control Document
SAFER Safety and Fitness Electronic Records
RFC Request for Comments
RODS Records of Duty Status
TLS Transport Layer Security
UCT Coordinated Universal Time
USB Universal Serial Bus
WSDL Web Services Definition Language
XML Extensible Markup Language
XOR Exclusive Or {bitwise binary operation}
- Definitions; Notations
3.1. Definitions
3.1.1. Databus
A vehicle databus refers to an internal communications network that interconnects components within a vehicle, enabling data exchange between subsystems. This is typically achieved using serial or control area network (CAN) protocols.
3.1.2. ELD Event
An ELD event refers to a discrete moment when the ELD records data containing the specified data elements outlined in this appendix. These events pertain to both the driver’s duty status and the ELD’s operational integrity. Events are either:
- Driver-triggered (e.g., duty status changes, driver login/logout), or
- System-triggered (e.g., malfunction detection, data diagnostics, intermediate logs).
Details on ELD events and their required data elements are provided in Section 4.5.1 of this appendix.
3.1.3. Exempt Driver
As further explained in Section 4.3.3.1.2 of this appendix, an ELD must allow motor carriers to configure the system for drivers exempt from ELD use. For example, exempt drivers include those operating under the short-haul exemption in § 395.1(e) (100 air-mile radius or non-CDL 150 air-mile radius drivers).
While exempt drivers are not required to use an ELD, motor carriers can configure the system to accommodate shared use of ELD-equipped CMVs by exempt and non-exempt drivers. This configuration helps avoid unidentified driver data diagnostics errors.
3.1.4. Geo-Location
Geo-location is the process of converting latitude/longitude coordinates into a description of distance and direction relative to a recognizable nearby location name. Geo-location data is used on an ELD’s display or printout.
3.1.5. Ignition Power Cycle, Ignition Power On Cycle, Ignition Power Off Cycle
(a) Ignition power cycle refers to the engine’s power status changing from “on to off” or “off to on.” This typically occurs when the driver controls engine power using the ignition key.
(b) Ignition power on cycle refers to the engine power transitioning from “off to on and then off.” It represents a continuous period during which the CMV’s engine is powered.
(c) Ignition power off cycle refers to the engine power transitioning from “on to off and then on.” It represents a continuous period when the CMV’s engine remains unpowered.
3.1.6. Unidentified Driver
“Unidentified Driver” refers to operating a CMV equipped with an ELD without an authenticated driver logged into the system. Functional requirements in this appendix mandate that the ELD automatically record driving time under these circumstances. Such records are attributed to the “Unidentified Driver” account, as detailed in Section 4.1.5 of this appendix. These records remain assigned to the Unidentified Driver account until reviewed and reassigned to the correct driver or motor carrier, as specified in § 395.32 of this part.
3.2. Notations
Throughout this appendix, the following notations are used when referencing data elements:
(a) < . > indicates a parameter the ELD must track.
For example, <ELD username> refers to the unique username or identifier assigned when creating an ELD account, as defined in Section 7.18 of this appendix.
(b) { . } specifies one of multiple values of a parameter.
For example, <ELD username {for the co-driver}> specifically refers to the co-driver’s ELD username.
(c) <CR> signifies a carriage return, new line, or the end of the current line.
This notation appears in Section 4.8.2 of this appendix, which describes the standard ELD output file.
- Functional Requirements
4.1. ELD User Accounts
4.1.1. Account Types
An ELD must support a user account structure that distinguishes between driver accounts and motor carrier support personnel (non-driver accounts).
4.1.2. Account Creation
(a) Every ELD user must have a valid, active account with a unique identifier assigned by the motor carrier.
(b) Driver accounts must include the driver’s license number and the issuing State or jurisdiction. This information must be securely stored within the ELD during account creation.
(c) An ELD must not allow the creation of multiple driver accounts associated with the same driver’s license for a single motor carrier.
(d) Driver accounts must not have administrative privileges to create new accounts.
(e) Support personnel accounts must not allow the recording of ELD data for the account holder.
(f) The ELD must reserve a unique “unidentified driver account” for recording events during non-authenticated CMV operation.
4.1.3. Account Security
(a) ELD access must be secured through user authentication at login to ensure the integrity of recorded and stored data.
(b) Driver accounts must only have access to data relevant to the specific driver, ensuring confidentiality and data authenticity.
4.1.4. Account Management
(a) ELDs must separately record and retain data for each individual driver.
(b) Team drivers must authenticate concurrently when operating under the same ELD.
(c) If multiple ELDs are used within a motor carrier’s operations, the ELD in the vehicle most recently operated by the driver must be able to generate a complete ELD report on demand. This report must cover the current 24-hour period and the preceding 7 consecutive days.
4.1.5. Non-Authenticated Operation
(a) All non-authenticated CMV operations must be recorded under a single “unidentified driver” account.
(b) If a driver fails to log into the ELD and the vehicle moves, the ELD must:
- Display a visual or audible warning, prompting the driver to stop and log in.
- Record driving and on-duty (not driving) time as described in Section 4.4.1 under the unidentified driver profile.
- Restrict all other ELD inputs except responses to the login prompt.
4.2. ELD-Vehicle Interface
(a) An ELD must be integrally synchronized with the CMV’s engine to automatically capture the engine’s power status, vehicle motion, miles driven, and engine hours when the engine is powered.
(b) For CMVs with model year 2000 or later (based on VIN) that have an engine electronic control module (ECM), the ELD must establish a link to the ECM when the engine is powered. Data, including power status, motion status, miles driven, and engine hours, must be captured through the serial or CAN communication protocols. If no ECM exists, the ELD may use alternative sources to obtain or estimate these parameters with accuracy requirements outlined in Section 4.3.1.
4.3. ELD Inputs
4.3.1. ELD Sensing
4.3.1.1. Engine Power Status
An ELD must power on and become fully functional within 1 minute of the vehicle engine receiving power and remain operational as long as the engine is powered.
4.3.1.2. Vehicle Motion Status
(a) An ELD must automatically determine vehicle motion status using the following criteria:
- The vehicle is considered “in motion” when its speed exceeds the set speed threshold.
- Once in motion, the vehicle remains “in motion” until the speed falls to 0 mph and remains at 0 mph for 3 consecutive seconds, after which the vehicle is considered stopped.
- The speed threshold must not exceed 5 mph and must not be configurable.
(b) If required to link to the vehicle’s engine ECM, vehicle speed information must be obtained from the ECM or databus. If no ECM link exists, speed data must come from an independent source (excluding positioning services described in Section 4.3.1.6) and must be accurate within ±3 mph of the vehicle’s true ground speed.
4.3.1.3. Vehicle Miles
(a) The ELD must monitor vehicle miles for:
- Each ignition power cycle (accumulated vehicle miles), and
- Total miles driven during CMV operation.
Vehicle miles must be recorded in whole miles.
(b) For ELDs linked to the engine ECM:
- The ELD must use the ECM odometer message to log total miles.
- The ECM odometer message must determine miles accumulated since the last engine power cycle.
(c) If no ECM link exists, the ELD must obtain or estimate mileage from another source, ensuring accuracy within ±10% of the odometer reading over a 24-hour period.
4.3.1.4. Engine Hours
(a) The ELD must record engine hours for:
- Each ignition power cycle (elapsed engine hours), and
- Total engine hours during CMV operation.
Engine hours must be recorded in tenths of an hour.
(b) For ELDs linked to the engine ECM, total engine hours must be obtained from the ECM or databus. If no ECM exists, engine hours must be monitored or estimated from the CMV’s ignition power status with accuracy within ±0.1 hour for each ignition power cycle.
4.3.1.5. Date and Time
(a) The ELD must automatically obtain and record date and time information, preventing external interference or input from drivers, motor carriers, or other individuals.
(b) The ELD time must remain synchronized to Coordinated Universal Time (UTC) and maintain an absolute deviation of no more than 10 minutes.
4.3.1.6. CMV Position
(a) The ELD must automatically determine the CMV’s position using standard latitude and longitude coordinates, ensuring compliance with the accuracy and availability requirements outlined in this section.
(b) The ELD must obtain and record CMV position data without permitting any external input or interference from the motor carrier, driver, or any other individual.
(c) The CMV position measurement must maintain an accuracy of ±0.5 miles relative to the CMV’s actual location when a valid latitude/longitude coordinate is recorded.
(d) Position data must be obtained in, or converted to, standard signed latitude and longitude values, expressed in decimal degrees to a precision of two decimal places (e.g., latitude/longitude format with a decimal point and two digits following).
(e) The measurement accuracy, combined with the specified reporting precision, results in a practical reporting accuracy of approximately ±1 mile from the CMV’s actual position during commercial operation.
(f) When the driver designates personal use of the CMV, the position reporting precision requirement is reduced to tenths of a degree (a decimal point followed by a single digit), as specified in Section 4.7.3 of this appendix.
(g) The ELD must acquire a valid CMV position measurement at least once every 5 miles of driving. However, CMV position data is recorded only during ELD events as described in Section 4.5.1 of this appendix.
4.3.1.7. CMV VIN
The ELD must automatically obtain and record the vehicle identification number (VIN) for the CMV power unit if the VIN is available through the vehicle databus.
4.3.2. Driver’s Manual Entries
(a) The ELD must prompt the driver to enter required information only when the CMV is stationary and the driver’s duty status is not “on-duty driving,” except under the conditions described in Section 4.4.1.2 of this appendix.
(b) When the driver’s duty status is “driving,” the ELD must only permit the driver operating the CMV to change the duty status to another status.
(c) For the purpose of manual entries, the CMV is considered stationary when its recorded speed remains at zero (0) miles per hour.
(d) An authenticated co-driver, who has logged into the ELD prior to the vehicle being in motion and is not actively driving, may enter information for their own records while the vehicle is in motion. However, the ELD must prevent co-drivers from switching driving roles while the vehicle remains in motion.
4.3.2.1. Driver’s Entry of Required Event Data Fields
(a) The ELD must provide drivers with the ability to manually input required event data, including:
- CMV power unit number, as specified in Section 7.4 of this appendix;
- Trailer number(s), as specified in Section 7.42; and
- Shipping document number, as specified in Section 7.39.
(b) If the motor carrier populates these data fields automatically, the ELD must allow the driver to review the pre-populated information and make any necessary corrections.
4.3.2.2. Driver’s Status Inputs
4.3.2.2.1. Driver’s Indication of Duty Status
(a) The ELD must enable the authenticated driver to select their duty status.
(b) The ELD must utilize the duty status categories including off duty, sleeper berth, driving, and on-duty not driving.
4.3.2.2.2. Driver’s Indication of Situations Impacting Driving Time Recording
(a) The ELD must allow the driver to indicate the start and end of periods when the CMV is used for authorized personal use or yard moves. This status must be recorded in a standardized format. This list must function independently of the duty status categories specified in section 4.3.2.2.1 of this appendix.
4.3.2.2.3. Driver’s Indication of Categories and Status Management
(b) An ELD must allow the driver to select only those categories that the motor carrier has enabled for that driver, as outlined in section 4.3.3.1.1 of this appendix.
(c) Only one category can be active at any given time, with the ELD retaining the driver’s most recent selection.
(d) The ELD must prompt the driver to add an annotation when selecting a category listed in Table 2 of this appendix and record the driver’s input.
(e) If the ELD or CMV engine undergoes a power-off cycle (turning off and on), the special driving status must reset to “none,” except in cases where the driver indicates authorized personal use of the CMV. For authorized personal use, the ELD must prompt the driver to confirm continuation of this status. If the driver fails to confirm and the vehicle begins moving, the ELD must automatically reset the status to “none.”
4.3.2.3. Driver’s Certification of Records
(a) The ELD must include a function for drivers to certify their records at the end of each 24-hour period.
- When this function is selected, the following statement must be displayed:
“I hereby certify that my data entries and my record of duty status for this 24-hour period are true and correct.” - The ELD must prompt the driver to choose between “Agree” or “Not ready.” Selecting “Agree” must be recorded as a certification event.
(b) Only the authenticated driver may certify their own records.
(c) If edits are made after the records have been certified, the ELD must prompt the driver to re-certify the updated records.
(d) For any past records requiring certification or re-certification, the ELD must indicate this action during the driver’s login and logout processes and prompt the driver to resolve it.
4.3.2.4. Driver’s Data Transfer Initiation Input
(a) The ELD must provide a standardized, single-step interface for the driver to compile and transfer ELD records to authorized safety officials during roadside inspections.
(b) The ELD must allow the driver to initiate the data transfer process, confirm the request, choose from supported data transfer options, and input an output file comment as described in section 4.3.2.5 of this appendix. Once confirmed, the ELD must generate and transfer the compliant output file.
(c) The interface mechanism (e.g., a switch or touchscreen icon) for initiating the data transfer must be clearly marked and visible to the driver when the vehicle is stationary.
4.3.2.5. Driver’s Entry of an Output File Comment
An ELD must allow the driver to enter an output file comment of up to 60 characters. If a safety official provides a key phrase or code during an inspection, the driver must input it, and the ELD must embed it in the electronic records as specified in section 4.8.2.1.1 of this appendix. By default, the output file comment must be blank. This field is exclusively for creating data files related to the inspection’s time, location, and purpose.
4.3.2.6. Driver’s Annotation of Records
(a) The ELD must allow drivers to add text annotations to recorded, entered, or edited ELD events.
(b) When an annotation is required and the driver is prompted, it must be at least 4 characters long, including spaces.
4.3.2.7. Driver’s Entry of Location Information
(a) The ELD must allow drivers to manually enter the CMV’s location in text format, as required for edits specified in section 4.3.2.8 of this appendix.
(b) Manual location entry is only allowed when prompted by the ELD under conditions specified in section 4.6.1.4 of this appendix.
(c) Manual location entries must display an “M” in the latitude/longitude coordinate fields in the ELD records.
4.3.2.8. Driver’s Record Entry and Edit
(a) The ELD must enable drivers to review, edit, annotate, or enter missing ELD records to correct errors or omissions, subject to the requirements of this section.
(b) The ELD must not permit the original recorded data or the source data streams to be altered or erased.
4.3.2.8.1. Mechanism for Driver Edits and Annotations
(a) Edits, annotations, or the addition of missing records must not overwrite the original record.
(b) The ELD must track the edit history using the process outlined in section 4.4.4.2 of this appendix.
(c) Any driver edits must be accompanied by an annotation. The ELD must prompt the driver to annotate the edits.
4.3.2.8.2. Driver Edit Limitations
(a) An ELD must not permit or require the editing or manual entry of records for the following event types: an intermediate log (2), a driver’s login/logout activity (5), CMV’s engine power up/shut down (6), or ELD malfunctions and data diagnostic events (7).
(b) An ELD must not allow the shortening of automatically recorded driving time or the editing or reassignment of the ELD username associated with a record, except in the following circumstances:
- Assignment of Unidentified Driver Records: ELD events under the “Unidentified Driver” profile may be edited and assigned to the correct driver.
- Correction of Errors for Team Drivers: In cases involving team drivers, if a mistake has caused a mismatch between the actual driver and the recorded driver by the ELD, the driver account associated with the driving time can be edited and reassigned between the team drivers. Both drivers must confirm this change for it to take effect.
4.3.3. Motor Carrier’s Manual Entries
An ELD must restrict motor carrier entries to authenticated “support personnel” account holders as outlined in this section.
4.3.3.1. ELD Configuration
If an ELD or related technology offers configuration options not addressed or prohibited in this appendix, these settings must not affect the ELD’s compliance with the rule’s requirements.
4.3.3.1.1. Configuration of Available Categories Impacting Driving Time Recording
(a) An ELD must allow a motor carrier to configure each of the three categories from Table 2 of this appendix for its drivers. By default, none of these categories should be available without the motor carrier configuring them.
(b) A motor carrier may modify the configuration for each category per driver, with changes recorded on the ELD and communicated during the driver’s login process.
4.3.3.1.2. Configuration of ELD Use
(a) The ELD must allow the motor carrier to configure an exemption for a driver account from ELD use.
(b) The default setting for any new driver account must be “no exemption.”
(c) If a motor carrier configures an exemption for a driver, they must annotate the record and provide an explanation.
(d) If a driver account is exempt:
- The ELD must display the exemption during the login and logout process.
- The ELD will still record driving time but suspend the detection of missing data or diagnostic events for that driver.
4.3.3.1.3. Motor Carrier’s Post-Review Electronic Edit Requests
(a) An ELD may allow the motor carrier or support personnel to review and request edits to the driver’s certified records electronically. If this function is implemented, the ELD must allow the driver to review the requested edits.
(b) Any requested edits by anyone other than the driver must be electronically confirmed or rejected by the driver.
4.4. ELD Processing and Calculations
4.4.1. Conditions for Automatic Setting of Duty Status
4.4.1.1. Automatic Setting of Duty Status to Driving
An ELD must automatically record driving time when the vehicle is in motion, setting the duty status to “driving” unless the driver:
(a) Sets the duty status to off-duty with personal use of CMV, in which case the status remains off-duty until the driving condition ends; or
(b) Sets the duty status to on-duty not driving with yard moves, where the status remains on-duty not driving until the driver’s indication ends.
4.4.1.2. Automatic Setting of Duty Status to On-Duty Not Driving
If the vehicle hasn’t been in motion for 5 consecutive minutes, the ELD must prompt the driver to confirm the continued driving status or select the correct duty status. If the driver does not respond within one minute, the ELD must automatically switch to on-duty not driving. The time thresholds for this action are non-configurable.
4.4.1.3. Other Automatic Duty-Status Setting Actions Prohibited
An ELD must not include any automatic duty status changes other than those described in sections 4.4.1.1 and 4.4.1.2. Any duty status changes not initiated by the driver must comply with motor carrier edit requirements.
4.4.2. Geo-Location Conversions
(a) For each duty status change, the ELD must convert the vehicle’s latitude/longitude coordinates into geo-location information, including distance and direction to a nearby city, town, or village, with a state abbreviation.
(b) The geo-location information must come from a database containing cities, towns, and villages with populations of 5,000 or more, as listed in ANSI INCITS 446-2008 (R2013).
(c) ELD outputs (printouts or displays) must present geo-location information as place names in text format.
4.4.3. Date and Time Conversions
(a) An ELD must be capable of converting and tracking date and time in UTC to the time standard at the driver’s home terminal, considering daylight savings time changes using the “Time Zone Offset from UTC” parameter as specified in section 7.41.
(b) The ELD must record the driver’s duty status using the time standard at the home terminal, beginning with the motor carrier-specified time for the driver’s home terminal.
(c) The “Time Zone Offset from UTC” data element must be included in the “Driver’s Certification of Own Records” event.
4.4.4. Setting of Event Parameters in Records, Edits, and Entries
This section outlines the security protocols for configuring and tracking event attributes in ELD records, edits, and entries.
4.4.4.1. Event Sequence Identifier (ID) Number
Each ELD event must have a unique event sequence ID number:
- The ID number should increment by one for each new event, maintaining continuous numbering across all users and engine cycles.
- The ID number must track at least the last 65,536 unique events recorded on the ELD.
- The numbering should be a continuous hexadecimal sequence from 0000 to FFFF.
4.4.4.2. Event Record Status, Origin, and Type
ELDs must maintain accurate records of all event history, including status, origin, and type for each event:
- Original Records: ELDs must retain the original record even after edits or new entries.
- The process must categorize and track the event record status, origin, and type based on the following:
- Automatically Logged Records: Set “Event Record Status” to “1” (active) and “Event Record Origin” to “1” (automatically recorded).
- Driver Edits: When a driver edits records, the ELD must:
- Mark the modified record as “inactive-changed” (status “2”).
- Mark the newly constructed record as “active” (status “1”).
- Set the “Event Record Origin” to “2” (edited by the driver).
- Driver Entries: For missing records entered by the driver, the ELD must:
- Mark the entry as “active” (status “1”).
- Set the “Event Record Origin” to “2” (edited or entered by the driver).
- Driver’s Assumption of Unidentified Logs: When a driver assumes logs from an unidentified driver:
- Set the modified logs to “inactive-changed” (status “2”).
- Set the new log to “active” (status “1”) and mark it as “4” (assumed from unidentified profile).
- Motor Carrier Edit Suggestions: If a motor carrier requests an edit:
- Mark the request as “inactive-change requested” (status “3”).
- Set the “Event Record Origin” to “3” (edit requested by another authenticated user).
- Driver’s Approval of Carrier Edits: If the driver approves the motor carrier’s edit, the status changes to “inactive-changed” (status “2”) for the original, and “active” (status “1”) for the new record. If rejected, the status changes to “inactive-change rejected” (status “4”).
4.4.5. Data Integrity Check Functions
ELDs must support security measures to ensure data integrity:
- Each event recorded must have a data check value calculated and recorded.
- Data check values must be calculated for each line of output and for the entire file generated for transmission.
- The ELD must calculate and record data checks at the following instances:
- When an event record is automatically created.
- When the driver performs an authorized edit.
- When a motor carrier requests an electronic edit.
4.4.5.1. Event Data Check
Event data check values must be calculated using the following methods:
- Checksum Calculation: The ELD calculates a checksum based on the sum of specific alphanumeric data elements related to the event, including the event type, date, time, vehicle mileage, engine hours, latitude, longitude, unit number, and username.
- The sum of the numeric values is converted into a hexadecimal format, and the lower 8 bits of the checksum are used as the event data check value.
4.4.5.1.2. Event Data Check Calculation
The event data check value must be the hexadecimal representation of the 8-bit byte resulting from the following operations on the binary representation of the event checksum value:
(a) Perform three consecutive circular shift-left (rotate without carry) operations; and
(b) Apply a bitwise exclusive OR (XOR) operation with the hexadecimal value C3 (decimal 195, binary 11000011).
4.4.5.2. Line Data Check
The line data check value is calculated when generating the ELD output file for transmission to authorized safety officials or for cataloging driver records at the motor carrier’s facility. The calculation follows these steps:
4.4.5.2.1. Line Checksum Calculation
(a) Calculate a line checksum value for each line of the ELD output file at the time the file is generated.
(b) The data elements included in the checksum calculation depend on the output file format defined in section 4.8.2.1.
(c) Convert each character in a line to a decimal value (as specified in Table 3 of this appendix), sum the converted values (excluding the line data check value), and use the lower 8-bit byte of the hexadecimal total as the line checksum.
4.4.5.2.2. Line Data Check Calculation
The line data check value is calculated by:
(a) Performing three consecutive circular shift-left operations on the line checksum value; and
(b) Applying a bitwise XOR operation with the hexadecimal value 96 (decimal 150, binary 10010110).
4.4.5.2.3. Line Data Check Value Inclusion in Output File
Append the calculated line data check value as the last item in each line of the ELD output file, as specified in section 4.8.2.1.
4.4.5.3. File Data Check
A file data check value is calculated when the ELD output file is created. This value ensures the integrity of the entire file. The calculation follows these steps:
4.4.5.3.1. File Checksum Calculation
(a) Calculate a 16-bit file checksum value for the ELD output file at the time the file is generated.
(b) The calculation includes the individual line data check values for all lines in the file.
(c) Sum all line data check values and use the lower two 8-bit bytes of the hexadecimal sum as the file checksum.
4.4.5.3.2. File Data Check Value Calculation
The file data check value is calculated by:
(a) Performing three consecutive circular shift-left operations on each 8-bit byte of the file checksum value; and
(b) Applying a bitwise XOR operation with the hexadecimal value 969C (decimal 38556, binary 1001011010011100).
The result is the 16-bit file data check value.
4.4.5.3.3. File Data Check Value Inclusion in Output File
The 16-bit file data check value must be converted to hexadecimal and appended as the last line item in the ELD output file, as specified in section 4.8.2.1.11.
4.5. ELD Recording
4.5.1. Events and Data to Record
An ELD must record data at the following specified events:
4.5.1.1. Event: Change in Driver’s Duty Status
When a driver changes their duty status, the ELD must record the event, associating it with the driver, the record’s originator (if edited or entered), the vehicle, the motor carrier, and the shipping document number. The recorded data elements must include the following:
- Event Sequence ID Number as per section 7.24.
- Event Record Status as per section 7.23.
- Event Record Origin as per section 7.22.
- Event Type as per section 7.25.
- Event Code as per section 7.20.
- Event Date as per section 7.8.
- Event Time as per section 7.40.
- Accumulated Vehicle Miles as per section 7.43.
- Elapsed Engine Hours as per section 7.19.
- Event Latitude as per section 7.31.
- Event Longitude as per section 7.33.
- Distance Since Last Valid Coordinates as per section 7.9.
- Malfunction Indicator Status as per section 7.35.
- Data Diagnostic Event Indicator Status as per section 7.7.
- Event Comment/Annotation as per section 7.6.
- Driver’s Location Description as per section 7.12.
- Event Data Check Value as per section 7.21.
4.5.1.2. Event: Intermediate Logs
- When a CMV is in motion, and no duty status change or intermediate log event is recorded within the previous hour, the ELD must log a new intermediate event.
- The event must include the same data elements as in section 4.5.1.1, excluding the driver’s location description (item p).
4.5.1.3. Event: Change in Driver’s Indication of Allowed Conditions Impacting Driving Time Recording
- Each time the status of a driver’s personal use of the CMV or yard move indication changes, the ELD must log the event.
- The event must include the same data elements outlined in section 4.5.1.1.
4.5.1.4. Event: Driver’s Certification of Own Records
- The ELD must record the event each time a driver certifies or re-certifies that their records for a 24-hour period are accurate.
- The recorded data must include the following:
- Event Sequence ID Number as per section 7.24.
- Event Type as per section 7.25.
- Event Code as per section 7.20.
- Time Zone Offset from UTC as per section 7.41.
- Event Date and Date of the Certified Record as per section 7.8.
- Event Time as per section 7.40.
4.5.1.5. Event: Driver’s Login/Logout Activity
- Each time an authorized user logs into or out of the ELD, the system must log the event.
- The recorded data must include:
- Event Sequence ID Number as per section 7.24.
- Event Type as per section 7.25.
- Event Code as per section 7.20.
- Event Date as per section 7.8.
- Event Time as per section 7.40.
- Total Vehicle Miles as per section 7.43.
- Total Engine Hours as per section 7.19.
4.5.1.6. Event: CMV’s Engine Power Up and Shut Down Activity
- When a CMV’s engine powers up or shuts down, the ELD must log the event within 1 minute of occurrence, recording the earliest shut-down and latest power-up events if the CMV has not moved since the last ignition cycle.
- The event must include:
- Event Sequence ID Number as per section 7.24.
- Event Type as per section 7.25.
- Event Code as per section 7.20.
- Event Date as per section 7.8.
- Event Time as per section 7.40.
- Total Vehicle Miles as per section 7.43.
- Total Engine Hours as per section 7.19.
- Event Latitude as per section 7.31.
- Event Longitude as per section 7.33.
- Distance Since Last Valid Coordinates as per section 7.9.
4.5.1.7. Event: ELD Malfunction and Data Diagnostics Occurrence
- Each time the ELD detects or clears a malfunction or data diagnostic event, it must log the event.
- The recorded data must include:
- Event Sequence ID Number as per section 7.24.
- Event Type as per section 7.25.
- Event Code as per section 7.20.
- Malfunction/Diagnostic Code as per section 7.34.
- Event Date as per section 7.8.
- Event Time as per section 7.40.
- Total Vehicle Miles as per section 7.43.
- Total Engine Hours as per section 7.19.
4.6. ELD Self-Monitoring of Required Functions
An ELD must be capable of monitoring its compliance with the technical requirements specified in this section. The system should be able to detect malfunctions and data inconsistencies and maintain records of any malfunction and data diagnostic events.
4.6.1 Compliance Self-Monitoring, Malfunctions, and Data Diagnostic Events
4.6.1.1 Power Compliance Monitoring
- (a) An ELD must monitor engine ECM data, onboard sensors, and data history to detect power compliance issues as specified in section 4.3.1.1. If non-compliance is detected, the ELD must record a power data diagnostic event for the applicable driver or under the unidentified driver profile if no driver is authenticated.
- (b) If the power diagnostic event shows a driving time understatement of 30 minutes or more in 24 hours, the ELD must set a power compliance malfunction.
4.6.1.2 Engine Synchronization Compliance Monitoring
- (a) The ELD must monitor engine ECM data and other sources for compliance with engine synchronization requirements in section 4.2.
- (b) If the ELD cannot acquire updated engine parameters within 5 seconds, it must record an engine synchronization diagnostic event.
- (c) If connectivity to required data sources is lost for more than 30 minutes in 24 hours, the ELD must set an engine synchronization malfunction.
4.6.1.3 Timing Compliance Monitoring
The ELD must verify its timing accuracy against an external UTC source and record a malfunction if it fails to meet timing compliance.
4.6.1.4 Positioning Compliance Monitoring
- (a) The ELD must monitor valid position data and track distance and time from the last valid measurement.
- (b) ELD records requiring location data must include the last valid position and distance traveled.
- (c) If valid position data is not acquired within 5 miles of movement for more than 60 minutes over 24 hours, a positioning compliance malfunction must be recorded.
- (d) When location is not acquired, the ELD must record an “X” in latitude/longitude, or an “M” if manually entered by the driver.
- (e) If a positioning malfunction is set, the ELD must record an “E” in latitude/longitude, regardless of manual entry.
4.6.1.5 Data Recording Compliance Monitoring
- (a) The ELD must monitor its storage and integrity, recording a malfunction if it cannot retain required events or retrieve logs.
- (b) If required data fields are missing, the ELD must record a missing data elements diagnostic event.
4.6.1.6 Monitoring Records Under the Unidentified Driver Profile
- (a) If unidentified driving time is logged, the ELD must warn the driver of unassigned time.
- (b) Drivers must review and either acknowledge or reject the assignment of unidentified driving time.
- (c) If more than 30 minutes of unidentified driving time occurs within 24 hours, an unidentified driving records diagnostic event is triggered.
- (d) The event can be cleared if unidentified driving time in the past 24 hours and the previous 7 days is 15 minutes or less.
4.6.1.7 Data Transfer Compliance Monitoring
- (a) The ELD must verify data transfer functionality every 7 days.
- (b) If a failure occurs, the ELD must record a data transfer diagnostic event and enter unconfirmed data transfer mode.
- (c) If unconfirmed for three consecutive checks, the ELD must set a data transfer compliance malfunction.
4.6.1.8 Other Technology-Specific Monitoring
ELD providers may implement additional diagnostic and malfunction detection mechanisms.
4.6.2 ELD Malfunction Status Indicator
- The ELD must indicate malfunction status to all drivers, providing a visible (and optional audible) signal.
4.6.2.1 Visual Malfunction Indicator
- (a) The ELD must display a malfunction indicator that is visible to the driver in the normal driving position.
- (b) The indicator must remain illuminated when an active malfunction exists.
4.6.3 ELD Data Diagnostic Status Indicator
- The ELD must indicate active diagnostic events to the driver logged into the device.
4.6.3.1 Visual Data Diagnostics Indicator
- (a) The ELD must display a visible indicator for active data diagnostics events specific to the authenticated driver.
4.7 Special Purpose ELD Functions
4.7.1 Driver’s ELD Volume Control
- (a) If no co-driver is logged in and the ELD outputs audible signals, the ELD must allow the driver to mute or automatically mute the volume during sleeper-berth status.
- (b) If the ELD operates with other devices, the volume controls apply to the combined technology.
4.7.2 Driver’s Access to Own ELD Records
- (a) The ELD must allow drivers to access and obtain their own records in electronic or printout form, compliant with inspection standards.
- (b) The process must not require the motor carrier’s intervention.
4.7.3 Privacy for Personal Use of CMV
- (a) During authorized personal use of the CMV, some elements must be recorded with lower precision or omitted.
- (b) The ELD must:
- Record new events with rounded latitude/longitude to one decimal place.
- Omit vehicle miles and engine hours, except for power-up and shutdown events.
- (c) Authorized personal use can span multiple ignition cycles if confirmed by the driver.
4.8. ELD Outputs
4.8.1. Printout or Display
The ELD must generate a compliant report, either as a printout or displayed on the device, as outlined in this section.
4.8.1.1. Print Paper Requirements
The print paper must accommodate the graph grid specifications listed in section 4.8.1.3.
4.8.1.2. Display Requirements
(a) This section does not apply if the ELD produces a printout for roadside inspection.
(b) The ELD must be designed for the display to be reasonably visible to an authorized safety official without requiring them to enter the commercial motor vehicle. For example, the display may be untethered or mounted in a way that allows it to be passed outside the vehicle.
4.8.1.3. Information to be Shown on the Printout and Display at Roadside
(a) The printout and display must show the driver’s profile and the unidentified driver profile separately. If no unidentified driver records exist for the current 24-hour period or any of the previous 7 consecutive days, the ELD does not need to display or print unidentified driver records. Otherwise, both reports must be shown.
(b) The following information must be displayed for the current 24-hour period and each of the previous 7 consecutive days:
- Date: <Date of Record>
- 24-hour Starting Time, Time Zone Offset from UTC: <24-Hour Period Starting Time>, <Time Zone Offset from UTC>
- Carrier: <Carrier’s USDOT number>, <Carrier Name>
- Driver Name: <Driver Last Name>, <Driver First Name>
- Driver ID: <ELD username for driver>
- Driver License State: <Driver’s License Issuing State>
- Driver License Number: <Driver’s License Number>
- Co-Driver: <Co-Driver Last Name>, <Co-Driver First Name>
- Co-Driver ID: <ELD username for co-driver>
- Current Odometer: <Current Total Vehicle Miles>
- Current Engine Hours: <Current Total Engine Hours>
- ELD ID: <ELD Identifier>
- ELD Provider: <Provider>
- Truck Tractor ID: <CMV Power Unit Number>
- Truck Tractor VIN: <CMV VIN>
- Shipping ID: <Shipping Document Number>
- Current Location: <Current Geo-location>
- Unidentified Driving Records: <Unidentified Driving Data Diagnostic Event Status>
- Exempt Driver Status: <Exempt Driver Configuration for the Driver>
- ELD Malfunction Indicators: <Malfunction Indicator Status and Description>
- Driver’s Data Diagnostic Status: <Data Diagnostic Event Status and Description>
- Date of Printout or Display: <Date of Printout/Display>
For each event record:
- Change of Duty Status, Intervening Interval Records, and Special Driving Conditions: <Event Record Status>, <Event Origin>, <Event Type>, <Event Date>, <Event Time>, <Accumulated Vehicle Miles>, <Elapsed Engine Hours>, <Geo-Location>, <Event Comment/Annotation>
Graph-Grid Requirements:
- 24-Hour Period: The printout and display must show a graph-grid for each day’s RODS, at least 6 inches by 1.5 inches in size.
- Duty Status: The grid must clearly show periods of authorized personal use of CMV and yard moves using a different line style (e.g., dashed or dotted lines), with appropriate abbreviations for each.
Malfunctions and Data Diagnostic Events:
- The printout must list the 10 most recent ELD malfunctions and data diagnostic events within the reporting period.
Graph-Grid Overlay:
- The graph-grid must reflect changes in duty status, with personal use and yard moves clearly indicated.
4.8.2. ELD Data File
An Electronic Logging Device (ELD) must be capable of generating a consistent electronic output file that complies with the format outlined in this section. This ensures the seamless transfer, processing, and standardized display of ELD data on authorized safety officials’ computing systems.
4.8.2.1. ELD Output File Standard
(a) Regardless of the database structure used for recording ELD events, the device must produce a standardized data output file for transfer. This file must adhere to the specifications set forth in this section.
(b) The data output must be provided in a single, comma-delimited file, following the structure outlined here, and using the American National Standard Code for Information Interchange (ASCII) character set as per ANSI INCITS 4-1986 (R2012) standards (referenced in § 395.38). It must include:
- A header segment that specifies constant or non-variable elements of the ELD file.
- Variable-length comma-delimited segments for the following records: drivers, vehicles, ELD events, ELD malfunctions and diagnostic data, ELD login/logout activity, and unidentified driver records.
- Any field value containing a comma (,) or carriage return (<CR>) must be replaced with a semicolon (;) before generating the compliant CSV output.
4.8.2.1.1. Header Segment
The header segment must include the following data fields and format:
ELD File Header Segment: <CR>
- <Driver’s Last Name>, <Driver’s First Name>, <ELD username for driver>, <Driver’s License Issuing State>, <Driver’s License Number>, <Line Data Check Value> <CR>
- <Co-Driver’s Last Name>, <Co-Driver’s First Name>, <ELD username for co-driver>, <Line Data Check Value> <CR>
- <CMV Power Unit Number>, <CMV VIN>, <Trailer Number(s)>, <Line Data Check Value> <CR>
- <Carrier’s USDOT Number>, <Carrier Name>, <Multiday-basis Used>, <24-Hour Period Starting Time>, <Time Zone Offset from UTC>, <Line Data Check Value> <CR>
- <Shipping Document Number>, <Exempt Driver Configuration>, <Line Data Check Value> <CR>
- <Current Date>, <Current Time>, <Current Latitude>, <Current Longitude>, <Current Total Vehicle Miles>, <Current Total Engine Hours>, <Line Data Check Value> <CR>
- <ELD Registration ID>, <ELD Identifier>, <ELD Authentication Value>, <Output File Comment>, <Line Data Check Value> <CR>
4.8.2.1.2. User List
This section must list all drivers and co-drivers who have recorded driving time during the most recent CMV operation by the inspected driver. It also includes motor carrier personnel who requested edits within the specified time period for the generated file. The list must be in chronological order, starting with the most recent user. The section begins with the following title:
User List: <CR>
Each row must include the following data elements:
- <Assigned User Order Number>, <User’s ELD Account Type>, <User’s Last Name>, <User’s First Name>, <Line Data Check Value> <CR>
4.8.2.1.3. CMV List
This segment must list all CMVs operated by the driver and recorded on the driver’s ELD within the specified time period. The list should be ranked by the time of operation, with the most recent CMV listed first. The section begins with the following title:
CMV List: <CR>
Each row must include the following data elements:
- <Assigned CMV Order Number>, <CMV Power Unit Number>, <CMV VIN>, <Line Data Check Value> <CR>
4.8.2.1.4. ELD Event List for Driver’s Record of Duty Status
This section must list all ELD event records tagged with event types 1 (change in duty status), 2 (intermediate log), and 3 (driver indication of conditions impacting driving time). The events should be ranked by the date and time, with the most recent event first. The section starts with the title:
ELD Event List: <CR>
Each row must include the following data elements:
- <Event Sequence ID Number>, <Event Record Status>, <Event Record Origin>, <Event Type>, <Event Code>, <Event Date>, <Event Time>, <Accumulated Vehicle Miles>, <Elapsed Engine Hours>, <Event Latitude>, <Event Longitude>, <Distance Since Last Valid Coordinates>, <Corresponding CMV Order Number>, <User Order Number for Record Originator>, <Malfunction Indicator Status>, <Data Diagnostic Event Indicator Status for Driver>, <Event Data Check Value>, <Line Data Check Value> <CR>
4.8.2.1.5. Event Annotations, Comments, and Driver’s Location Description
This section should include only ELD events that have annotations, comments, or manual location descriptions added by the driver. The section begins with the title:
ELD Event Annotations or Comments: <CR>
Each row must include the following data elements:
- <Event Sequence ID Number>, <ELD username of Record Originator>, <Event Comment Text or Annotation>, <Event Date>, <Event Time>, <Driver’s Location Description>, <Line Data Check Value> <CR>
4.8.2.1.6. ELD Event List for Driver’s Certification of Own Records
This segment lists all ELD event records of the driver’s certification of their own records (event type 4) for the relevant time period. The section begins with the title:
Driver’s Certification/Recertification Actions: <CR>
Each row must include the following data elements:
- <Event Sequence ID Number>, <Event Code>, <Event Date>, <Event Time>, <Certified Record Date>, <Corresponding CMV Order Number>, <Line Data Check Value> <CR>
4.8.2.1.7. Malfunction and Diagnostic Event Records
This segment lists all ELD malfunctions and diagnostic event records relevant to the inspected driver within the time period. The section starts with the title:
Malfunctions and Data Diagnostic Events: <CR>
Each row must include the following data elements:
- <Event Sequence ID Number>, <Event Code>, <Malfunction/Diagnostic Code>, <Event Date>, <Event Time>, <Total Vehicle Miles>, <Total Engine Hours>, <Corresponding CMV Order Number>, <Line Data Check Value> <CR>
4.8.2.1.8. ELD Login/Logout Report
This section lists the login/logout activity of the driver on the ELD (event type 5) during the specified time period. It is rank-ordered with the most recent activity at the top. The section begins with the title:
ELD Login/Logout Report: <CR>
Each row must include the following data elements:
- <Event Sequence ID Number>, <Event Code>, <ELD username>, <Event Date>, <Event Time>, <Total Vehicle Miles>, <Total Engine Hours>, <Line Data Check Value> <CR>
4.8.2.1.9 CMV Engine Power-Up and Shut Down Activity
- Objective: Document when a CMV’s engine is powered up or shut down, capturing logs of these events.
- Data Required: Event sequence ID, event code, date, time, vehicle miles, engine hours, event location (latitude and longitude), vehicle identification (VIN), trailer number, shipping document number, and line data check value.
- Format: The logs must be rank-ordered by the latest activity, starting with a title:
“CMV Engine Power-Up and Shut Down Activity: <CR>”
4.8.2.1.10 Unidentified Driver Profile Records
- Objective: List ELD event records for the Unidentified Driver profile, sorted by the most recent event.
- Data Required: Event sequence ID, record status, origin, type, event code, date, time, accumulated vehicle miles, engine hours, latitude and longitude, distance since last coordinates, CMV order number, malfunction indicator status, event data check value, and line data check value.
- Format: The section starts with the title:
“Unidentified Driver Profile Records: <CR>”
4.8.2.1.11 File Data Check Value
- Objective: Provide the file data check value, ensuring file integrity.
- Format: A single line should be included with the title “End of File: <CR>” followed by the file data check value.
4.8.2.2 ELD Output File Naming Standard
- Objective: Standardize how the output file is named for driver-specific records.
- Naming Breakdown:
- First 5 characters: First five letters of the driver’s last name (use underscores if shorter).
- Characters 6-7: Last two digits of the driver’s license number.
- Characters 8-9: Sum of digits in the license number (two-digit format).
- Characters 10-15: Date the file was created (MMDDYY format).
- Character 16: Hyphen.
- Characters 17-25: Can be customized by the carrier or ELD provider for file differentiation.
4.9 Data Transfer Requirements
- Objective: Enable ELDs to transfer data to authorized safety officials.
4.9.1 Data Transfer During Roadside Inspections
- Data Required: ELD records for the current 24-hour period and the previous 7 days.
- Transfer Methods:
- Telematics Transfer: Using wireless web services and email.
- Local Transfer: Using USB and Bluetooth.
4.9.2 Motor Carrier Data Reporting
- Objective: Ensure that ELDs retain records for 6 months and can provide requested files.
- File Transfer Methods: Web services, email, USB 2.0, or Bluetooth.
4.9.10 Communications Standards
- Objective: ELDs must be able to transmit data electronically in compliance with FMCSA standards.
4.10.1 Data Transfer Mechanisms
- Types of Transfers:
- Wireless Data via Web Services (4.10.1.1)
- Use of WSDL, SOAP, and XML formats to transmit data securely.
- Wireless Data via Email (4.10.1.2)
- Attach an encrypted file to an email, using SMTP with proper encryption (AES-256).
- Data Transfer via USB (4.10.1.3)
- Transfer using USB 2.0 with a compliant interface, including authentication and security protocols.
- Bluetooth Data Transfer (4.10.1.4)
- Specifications for Bluetooth transfer, ensuring compatibility with Bluetooth standards.
- Wireless Data via Web Services (4.10.1.1)
5.1. ELD Provider Registration
5.1.1. Online Registration
(a) An ELD provider developing ELD technology must complete the online registration process through a secure FMCSA website, where the provider will certify that their ELD meets the compliance requirements outlined in this appendix.
(b) The provider’s registration must include the following details:
(1) The company name of the ELD technology provider or manufacturer.
(2) The name of an authorized individual from the provider who will verify the ELD’s compliance with this appendix and certify it in accordance with section 5.2.
(3) The address of the registrant.
(4) The registrant’s email address.
(5) The registrant’s telephone number.
5.1.2. Updating Information
The ELD provider is required to keep the information outlined in section 5.1.1(b) updated through the FMCSA website.
5.1.3. Authentication Information
During the registration process, FMCSA will provide the ELD provider with a unique registration ID, authentication key(s), authentication file(s), and other necessary formatting and configuration information required by this appendix.
5.2. Certification of Compliance with FMCSA Standards
A registered ELD provider must certify that each model and version of their ELD has been properly tested to meet the functional requirements of this appendix under real-world conditions.
5.2.1. Online Certification Process
(a) A registered ELD provider must disclose the following information about each ELD model and version and certify its compliance with this appendix:
(b) The online certification process will only be completed if the provider successfully submits the following required details:
(1) Product name.
(2) Model number of the product.
(3) Software version of the product.
(4) A unique ELD identifier for the certified model and version, assigned by the provider in accordance with section 7.15.
(5) A picture or screenshot of the product.
(6) The user manual with instructions on operating the ELD.
(7) A description of the certified data transfer mechanisms and step-by-step instructions for how a driver can produce and transfer ELD records to an authorized safety official.
(8) A summary of the ELD malfunctions.
(9) A procedure for validating the ELD authentication value, as specified in section 7.14.
(10) A certification statement confirming how the product was tested to meet FMCSA regulations.
5.2.2. Authentication Value Validation
As outlined in paragraph 5.2.1(b)(9), the ELD provider must disclose their authentication process and the necessary details for FMCSA systems to independently verify the ELD authentication values included in the inspection dataset. This authentication value must include a hash component based on data elements contained within the ELD dataset and must meet the requirements set out in section 7.14.
5.3. Public Availability of Information
Except for information mentioned in sections 5.1.1(b)(2), (4), and (5) and 5.2.1(b)(9), FMCSA will make the data in sections 5.1.1 and 5.2.1 publicly accessible on their website to help motor carriers identify ELDs that have been properly registered and certified as compliant with this appendix.
5.4. Removal of Certification from FMCSA List
5.4.1. Removal Process
FMCSA reserves the right to remove an ELD model or version from its list of certified ELDs, as detailed in this section.
5.4.2. Notice of Removal
FMCSA will notify the ELD provider in writing if they propose to remove a model or version from the list, including:
(a) The reasons for the proposed removal.
(b) The corrective actions needed to maintain the model or version on the list.
5.4.3. Provider Response
An ELD provider receiving such notice has 30 days to respond, either by disputing the facts underlying the proposed removal or by outlining steps they will take to correct the identified deficiencies.
5.4.4. Agency Action
(a) If the provider fails to respond within 30 days, the ELD model or version will be removed from the FMCSA list.
(b) If the provider submits a timely response, FMCSA will review the response and either withdraw, modify, or affirm the removal notice, notifying the provider in writing of the decision.
(c) Within 60 days of FMCSA’s decision, the provider must take any necessary corrective action. Failure to do so will result in removal of the ELD model or version from the FMCSA list.
(d) FMCSA may request additional information from the provider to support the decision-making process.
5.4.5. Administrative Review
(a) Providers may request an administrative review of the removal decision within 30 days.
(b) The request must be submitted in writing, identifying the error in the removal decision and any supporting documents.
(c) FMCSA may require the provider to submit further information or attend a meeting to discuss the removal. If the provider does not cooperate, the review request may be dismissed.
(d) FMCSA will complete the review and notify the provider of the final decision, which will be considered final Agency action.
6. References
(a) American National Standards Institute (ANSI)
11 West 42nd Street, New York, NY 10036, webstore.ansi.org, (212) 642-4900.
(1) ANSI INCITS 4-1986 (R2012), American National Standard for Information Systems—Coded Character Sets—7-Bit American National Standard Code for Information Interchange (7-Bit ASCII), approved June 14, 2007, IBR in section 4.8.2.1, Appendix A to subpart B.
(2) ANSI INCITS 446-2008 (R2013), American National Standard for Information Technology—Identifying Attributes for Named Physical and Cultural Geographic Features (except roads and highways), approved October 28, 2008, IBR in section 4.4.2, Appendix A to subpart B.
(b) Bluetooth SIG, Inc.
5209 Lake Washington Blvd. NE, Suite 350, Kirkland, WA 98033, bluetooth.org, (425) 691-3535.
(1) Bluetooth SIG, Inc., Specification of the Bluetooth System: Wireless Connections Made Easy, Covered Core Package version 2.1 + EDR, volumes 0 through 4, approved July 26, 2007, IBR in sections 4.9.1, 4.9.2, 4.10.1.4, 4.10.2, Appendix A to subpart B.
(2) [Reserved]
(c) Institute of Electrical and Electronic Engineers (IEEE) Standards Association
445 Hoes Lane, Piscataway, NJ 08854-4141, ieee.org, (732) 981-0060.
(1) IEEE Std 1667-2009, IEEE Standard for Authentication in Host Attachments of Transient Storage Devices, approved November 11, 2009, IBR in section 4.10.1.3, Appendix A to subpart B.
(2) [Reserved]
(d) Internet Engineering Task Force (IETF)
C/o Association Management Solutions, LLC, 48377 Fremont Blvd., Suite 117, Fremont, CA 94538, (510) 492-4080.
(1) IETF RFC 3565, Use of the Advanced Encryption Standard (AES) Encryption Algorithm in Cryptographic Message Syntax (CMS), approved July 2003, IBR in section 4.10.1.2, Appendix A to subpart B.
(2) IETF RFC 4056, Use of the RSASSA-PSS Signature Algorithm in Cryptographic Message Syntax (CMS), approved June 2005, IBR in section 4.10.1.2, Appendix A to subpart B.
(3) IETF RFC 5246, The Transport Layer Security (TLS) Protocol Version 1.2, approved August 2008, IBR in section 4.10.1.1, Appendix A to subpart B.
(4) IETF RFC 5321, Simple Mail Transfer Protocol, approved October 2008, IBR in section 4.10.1.2, Appendix A to subpart B.
(5) IETF RFC 5322, Internet Message Format, approved October 2008, IBR in section 4.10.1.2, Appendix A to subpart B.
(6) IETF RFC 5751, Secure/Multipurpose Internet Mail Extensions (S/MIME) Version 3.2, Message Specification, approved January 2010, IBR in section 4.10.1.2, Appendix A to subpart B.
(7) IETF RFC 7230, Hypertext Transfer Protocol (HTTP/1.1): Message Syntax and Routing, approved June 2014, IBR in section 4.10.1.1, Appendix A to subpart B.
(8) IETF RFC 7231, Hypertext Transfer Protocol (HTTP/1.1): Semantics and Content, approved June 2014, IBR in section 4.10.1.1, Appendix A to subpart B.
(e) National Institute of Standards and Technology (NIST)
100 Bureau Drive, Gaithersburg, MD 20899-1070,
(1) Federal Information Processing Standards Publication (FIPS PUB) 197, Advanced Encryption Standard (AES), approved on November 26, 2001, incorporated by reference in sections 4.10.1.2 and 4.10.1.3, Appendix A to subpart B.
(2) SP 800-32, Introduction to Public Key Technology and the Federal PKI Infrastructure, approved on February 26, 2001, incorporated by reference in section 4.10.1.2, Appendix A to subpart B.
(f) Universal Serial Bus Implementers Forum (USBIF). 3855 SW 153rd Drive, Beaverton, Oregon 97006, http://www.usb.org, (503) 619-0426.
(1) USB Implementers Forum, Inc., Universal Serial Bus Specification, Revision 2.0, approved on April 27, 2000, revised through April 3, 2015, incorporated by reference in sections 4.9.1, 4.9.2, 4.10.1.3, and 4.10.2, Appendix A to subpart B.
(2) [Reserved]
(g) World Wide Web Consortium (W3C). 32 Vassar Street, Building 32-G514, Cambridge, MA 02139, http://www.w3.org, (617) 253-2613.
(1) W3C Recommendation 27, SOAP Version 1.2 Part 1: Messaging Framework (Second Edition), including errata, approved in April 2007, incorporated by reference in section 4.10.1.1, Appendix A to subpart B.
(2) [Reserved]
- Data Elements Dictionary
7.1. 24-Hour Period Starting Time
- Description: Refers to the 24-hour period starting time designated by the motor carrier for the driver’s home terminal.
- Purpose: Identifies the start and end of a driver’s workday, ensuring ELD records comply with § 395.8 requirements, which mandate this information on the driver’s form.
- Source: Motor carrier.
- Used in: ELD account profile; ELD outputs.
- Data Type: Programmed or populated during account creation and maintained by the motor carrier to ensure accuracy.
- Data Range: From 000000 to 235959 (first two digits 00 to 23, middle and last digits 00 to 59).
- Data Length: 6 characters.
- Data Format: <HHMMSS> (Military time format, where HH = hours, MM = minutes, SS = seconds; time standard is based on the home terminal).
- Disposition: Mandatory.
- Examples: [060000], [073000], [180000].
7.2. Carrier Name
- Description: The motor carrier’s legal name used for conducting commercial business.
- Purpose: Provides a recognizable identifier for the motor carrier in ELD outputs and helps cross-check against USDOT numbers.
- Source: FMCSA’s Safety and Fitness Electronic Records (SAFER) System.
- Used in: ELD account profile.
- Data Type: Programmed or entered during account creation.
- Data Range: Any alphanumeric combination.
- Data Length: Minimum 4 characters; Maximum 120 characters.
- Data Format: <Carrier Name> (e.g., <CCCC> to <CCCC…CCCC>).
- Disposition: Mandatory.
- Example: [CONSOLIDATED TRUCKLOAD INC.].
7.3. Carrier’s USDOT Number
- Description: The motor carrier’s USDOT number.
- Purpose: Uniquely identifies the motor carrier employing the driver using the ELD.
- Source: FMCSA’s SAFER System.
- Used in: ELD account profiles, event records, and output files.
- Data Type: Programmed or entered during account setup.
- Data Range: An integer, 1-8 digits, assigned by FMCSA (9 position numbers reserved).
- Data Length: Minimum 1 digit; Maximum 9 digits.
- Data Format: <Carrier’s USDOT Number> (e.g., <C> to <CCCCCCCCC>).
- Disposition: Mandatory.
- Examples: [1], [1000003].
7.4. CMV Power Unit Number
- Description: The identifier used by the motor carrier for their CMVs in regular business operations.
- Purpose: Identifies the vehicle operated by the driver when ELD records are created, ensuring compliance with § 395.8, which requires the truck or tractor number.
- Source: Unique identifiers used by the motor carrier, often shown on dispatch documents or the power unit’s license number.
- Used in: ELD event records; ELD output files.
- Data Type: Programmed on the ELD or populated by the carrier’s extended ELD system, or entered by the driver.
- Data Range: Any alphanumeric combination.
- Data Length: Minimum 1 character; Maximum 10 characters.
- Data Format: <CMV Power Unit Number> (e.g., <C> to <CCCCCCCCCC>).
- Disposition: Mandatory for all CMVs using ELDs.
- Examples: [123], [00123], [BLUEKW123], [TX12345].
7.5. CMV VIN
- Description: The manufacturer-assigned vehicle identification number (VIN) for the CMV powered unit.
- Purpose: Uniquely identifies the operated CMV across all vehicles, ensuring it is traceable within a 30-year rolling period.
- Source: Standardized unique CMV identifier in North America.
- Used in: ELD event records; ELD output file.
- Data Type: Retrieved from the engine ECM via the vehicle databus.
- Data Range: Either blank or 17-18 characters as specified by NHTSA in 49 CFR part 565.
- Data Length: Blank or 17-18 characters.
- Data Format: <CMV VIN> or <“-”> <CMV VIN> or <{blank}>.
- Disposition: Mandatory if linked to the engine ECM; optional if not.
- Examples: [1FUJGHDV0CLBP8834], [-1FUJGHDV0CLBP8896], [].
7.6. Comment/Annotation
- Description: A textual note related to a record, update, or edit capturing comments or annotations input by the driver or authorized support personnel.
- Purpose: Allows the driver to provide explanations for records, selections, edits, or entries.
- Source: Driver or authorized support personnel.
- Used in: ELD events; ELD outputs.
- Data Type: Entered by authenticated users via the ELD’s interface.
- Data Range: Free form text of any alphanumeric combination.
- Data Length: 0-60 characters (optional), 4-60 characters (required if prompted).
- Data Format: <Comment/Annotation> (e.g., <{blank}> or <C> to <CCC…CCC>).
- Disposition: Optional; mandatory if prompted by ELD.
- Examples: [], [Personal Conveyance. Driving to Restaurant in bobtail mode], [Forgot to switch to SB. Correcting here].
7.7. Data Diagnostic Event Indicator Status
- Description: A Boolean indicator showing whether there is an active data diagnostic event set for the authenticated driver at the time of the event recording.
- Purpose: Records the status of the ELD’s diagnostic data when an event is recorded.
- Source: ELD internal monitoring functions.
- Used in: ELD events; ELD outputs.
- Data Type: Managed internally.
- Data Range: 0 (no active diagnostic events) or 1 (at least one active diagnostic event).
- Data Length: 1 character.
- Data Format: <Data Diagnostic Event Indicator Status> (e.g., <C>).
- Disposition: Mandatory.
- Examples: [0] or [1].
7.8. Date
Description: This parameter, when combined with the “Time” variable, provides a time stamp for records. Although both date and time must be recorded in UTC, event records must display the date and time converted to the local time zone of the driver’s home terminal, as detailed in section 4.4.3.
Purpose: Allows for recording the exact moment when events take place.
Source: ELD’s converted time.
Used in: ELD events; ELD outputs.
Data Type: UTC date is automatically captured by the ELD. The local date at the driver’s home terminal must be calculated per section 4.4.3.
Data Range: A valid date expressed in the <MMDDYY> format, where “MM” is the month, “DD” is the day, and “YY” is the last two digits of the year.
Data Length: 6 characters.
Data Format: <MMDDYY>, with “MM” ranging from 01 to 12, “DD” from 01 to 31, and “YY” from 00 to 99.
Disposition: Mandatory.
Examples: [122815], [010114], [061228].
7.9. Distance Since Last Valid Coordinates
Description: This represents the distance, in whole miles, traveled since the last valid latitude and longitude recorded by the ELD.
Purpose: Helps track the location for recorded events when position measurement temporarily becomes unavailable.
Source: ELD’s internal calculations.
Used in: ELD events; ELD outputs.
Data Type: Managed by the ELD based on the validity of the position measurement.
Data Range: An integer from 0 to 6. If the distance exceeds 6 miles since the last valid coordinate, the ELD will record a value of 6.
Data Length: 1 character.
Data Format: <Distance Since Last Valid Coordinates>, shown as <C>.
Disposition: Mandatory.
Examples: [0], [1], [5], [6].
7.10. Driver’s License Issuing State
Description: This data element identifies the state, province, or jurisdiction that issued the driver’s license associated with the ELD account holder.
Purpose: Along with the “Driver’s License Number,” this links the driver to a specific, unique account, ensuring only one account per driver.
Source: Driver’s license.
Used in: ELD account profiles; ELD output file.
Data Type: Entered during the creation of the driver’s ELD account.
Data Range: Two-character abbreviation (AK, AL, AR, CA, etc.).
Data Length: 2 characters.
Data Format: <Driver’s License Issuing State> in the format <CC>.
Disposition: Mandatory for all driver accounts created on the ELD; optional for “non-driver” accounts.
Example: [WA]
7.11. Driver’s License Number
Description: This data element contains the unique driver’s license number associated with each driver account on the ELD.
Purpose: Combined with the driver’s license issuing state, this links the driver to their individual account and ensures that only one account is created per driver.
Source: Driver’s license.
Used in: ELD account profiles; ELD output files.
Data Type: Entered when creating a new ELD account.
Data Range: Any alphanumeric combination.
Data Length: Minimum: 1 character; Maximum: 20 characters.
Data Format: <Driver’s License Number> ranging from <C> to <CCCCCCCCCCCCCCCCCCCC>. The ELD must retain only numeric (0-9) or uppercase alphabetic characters (A-Z, non-case sensitive) from the license number.
Disposition: Mandatory for all driver accounts; optional for “non-driver” accounts.
Examples: [SAMPLMJ065LD], [D000368210361], [198], [N02632676353666].
7.12. Driver’s Location Description
Description: A textual description of the CMV’s location, entered by the driver when prompted by the ELD.
Purpose: Allows the driver to input location information to address missing records or accommodate temporary service interruptions without reporting positioning errors.
Source: Driver, entered when prompted by the ELD.
Used in: ELD events; ELD outputs.
Data Type: Free-form text, entered by the driver when requested by the ELD, as specified in section 4.3.2.7.
Data Range: Alphanumeric text of any combination.
Data Length: 5-60 characters.
Data Format: <CCCCC> to <CCC……CCC>.
Disposition: Mandatory when prompted by the ELD.
Examples: [], [5 miles SW of Indianapolis, IN], [Reston, VA].
7.13. ELD Account Type
Description: Indicates whether an ELD account is for a driver or for support personnel (non-driver).
Purpose: Helps authorized safety officials verify that account types meet specific requirements as outlined in this document.
Source: ELD-assigned.
Used in: ELD outputs.
Data Type: Specified during the account creation process.
Data Range: “D” for driver accounts, “S” for support personnel accounts (non-driver). A “Unidentified Driver” account must be marked with type “D.”
Data Length: 1 character.
Data Format: <C>.
Disposition: Mandatory.
Examples: [D], [S].
7.14. ELD Authentication Value
Description: A unique alphanumeric value that verifies the authenticity of a given ELD.
Purpose: Allows cross-checking of the ELD’s authenticity during inspections.
Source: ELD provider-assigned, including certificate and hashed components, based on the provider’s private key and FMCSA’s online certification procedure.
Used in: ELD outputs.
Data Type: Calculated from the ELD provider’s private key, corresponding to their public key certificate.
Data Range: Alphanumeric combination.
Data Length: Greater than 16 characters.
Data Format: <CCCC……CCCC>.
Disposition: Mandatory.
Example: [bGthamRrZmpha3NkamZsa2pzZGxma2phc2xka2Y7ajtza25rbCBucms7Y2 . . . RuZHNudm5hc21kbnZBU0RGS0xKQVNMS0RKTEs7QVNKRDtGTEtBSlNERktMSkFEU0w7S1NESkZMSw==].
7.15. ELD Identifier
Description: An alphanumeric identifier assigned to the ELD by the provider, certified by FMCSA.
Purpose: Allows cross-checking that the ELD used in recording a driver’s records is FMCSA-certified.
Source: Assigned and submitted by the ELD provider during online certification.
Used in: ELD outputs.
Data Type: Coded on the ELD by the provider and disclosed to FMCSA.
Data Range: A six-character alphanumeric identifier (A-Z, 0-9).
Data Length: 6 characters.
Data Format: <CCCCCC>.
Disposition: Mandatory.
Examples: [1001ZE], [GAM112], [02P3P1].
7.16. ELD Provider
Description: The name of the company providing the ELD technology, as registered with FMCSA.
Purpose: Allows verification that the ELD is certified by an FMCSA-registered provider.
Source: Assigned and submitted by the ELD provider during registration.
Used in: ELD outputs.
Data Type: Coded on the ELD and disclosed during online registration.
Data Range: Any alphanumeric combination.
Data Length: Minimum: 4 characters; Maximum: 120 characters.
Data Format: <ELD Provider> in the range <CCCC> to <CCCC……CCCC>.
Disposition: Mandatory.
Examples: [ELD PROVIDER INC].
7.17. ELD Registration ID
Description: An alphanumeric registration identifier assigned to the ELD provider during the registration process with FMCSA.
Purpose: Allows verification that the ELD provider is properly registered.
Source: Received from FMCSA during registration.
Used in: ELD outputs.
Data Type: Coded by the ELD provider.
Data Range: A four-character alphanumeric registration identifier (A-Z, 0-9).
Data Length: 4 characters.
Data Format: <ELD Registration ID> as in <CCCC>.
Disposition: Mandatory.
Examples: [ZA10], [QA0C], [FAZ2].
7.18. ELD Username
Description:
This data element represents the unique identifier assigned to the account holder in the ELD system, used to authenticate the individual during the login process. The user may be a driver or motor carrier support personnel.
Purpose:
Tracks the username associated with the driver in the ELD system for authentication and account management.
Source:
Assigned by the motor carrier when creating a new ELD account.
Used in:
ELD account profile, event records, and during the login process.
Data Type:
Entered during account creation and user authentication.
Data Range:
Any alphanumeric combination.
Data Length:
Minimum: 4 characters; Maximum: 60 characters.
Data Format:
<ELD Username> formatted as <CCCC> to <CCCC……CCCC>.
Disposition:
Required for all accounts created in the ELD system.
Examples:
[smithj], [100384], [sj2345], [john.smith].
7.19. Engine Hours
Description:
This data element represents the time the CMV’s engine has been running in decimal hours with a 0.1 hr (6-minute) resolution. This includes both the total engine hours since the vehicle’s inception and the elapsed engine hours within each ignition cycle.
Purpose:
Helps identify periods when the CMV’s engine is running but the ELD is not recording, and ensures data integrity by preventing gaps in event recordings.
Source:
Engine ECM or a comparable source, as defined in section 4.3.1.4.
Used in:
ELD event records and outputs.
Data Type:
Acquired from the engine ECM or an equivalent source.
Data Range:
For total engine hours: 0.0 to 99999.9 hours.
For elapsed engine hours: 0.0 to 99999.9 hours.
Data Length:
3 to 7 characters.
Data Format:
<Engine Hours> formatted as <C.C> to <CCCCC.C>.
Disposition:
Mandatory for all ELD-generated events. For driver-created events, this field can be left blank if engine hours are unavailable or cannot be accurately determined.
Examples:
[0.0], [9.9], [346.1], [2891.4].
7.20. Event Code
Description:
This attribute specifies the nature of a change indicated by the “Event Type” parameter. It records the new status after the change has occurred.
Purpose:
Facilitates the coding of the specific change in status electronically.
Source:
Calculated internally by the ELD.
Used in:
ELD event records and outputs.
Data Type:
This attribute is maintained by the ELD based on the type of event and the new status.
Data Range:
Varies based on the “Event Type”.
Data Length:
1 character.
Data Format:
<Event Type> formatted as <C>.
Disposition:
Mandatory.
Examples:
[0], [1], [4], [9].
7.21. Event Data Check Value
Description:
A hexadecimal “check” value computed as per the procedure outlined in section 4.4.5.1 of this appendix, which is attached to each event record during the recording process.
Purpose:
Enables the detection of any modifications made to an ELD event record after its initial recording.
Source:
Generated internally by the ELD.
Used in:
ELD event records and output files.
Data Type:
Calculated by the ELD as per the guidelines in section 4.4.5.1 of this appendix.
Data Range:
A hexadecimal value between 00 (decimal 0) and FF (decimal 255).
Data Length:
2 characters.
Data Format:
<Event Data Check Value> formatted as <CC>.
Disposition:
Mandatory.
Examples:
[05], [CA], [F3].
7.22. Event Record Origin
Description:
This attribute indicates the origin of an event record, specifying whether it was automatically recorded, edited, manually entered or accepted by the driver, requested by another authenticated user, or assumed from an unidentified driver profile.
Purpose:
Allows tracking of the origin of each event record.
Source:
Calculated internally by the ELD.
Used in:
ELD event records and output files.
Data Type:
Recorded and maintained by the ELD in line with the procedures outlined in sections 4.4.4.2.2 to 4.4.4.2.6 of this appendix.
Data Range:
1, 2, 3, or 4.
Data Length:
1 character.
Data Format:
<Event Record Origin> formatted as <C>.
Disposition:
Mandatory.
Examples:
[1], [2], [3], [4].
7.23. Event Record Status
Description:
An attribute that indicates the status of an event, specifying whether it is active or inactive. If inactive, it further identifies whether this is due to a change or lack of confirmation by the driver, or a driver’s rejection of a change request.
Purpose:
Allows tracking of edits and entries made to ELD records while preserving the original records.
Source:
Calculated internally by the ELD.
Used in:
ELD event records and output files.
Data Type:
Recorded and maintained by the ELD, following the procedures outlined in sections 4.4.4.2.2 to 4.4.4.2.6 of this appendix.
Data Range:
1, 2, 3, or 4.
Data Length:
1 character.
Data Format:
<Event Record Status> formatted as <C>.
Disposition:
Mandatory.
Examples:
[1], [2], [3], [4].
7.24. Event Sequence ID Number
Description:
This data element represents the unique serial identifier assigned to each required ELD event as outlined in section 4.5.1 of this appendix.
Purpose:
Enables continuous record-keeping on a given ELD, tracking all users of that device.
Source:
Calculated internally by the ELD.
Used in:
ELD event records and output files.
Data Type:
Maintained by the ELD, with the number incremented by 1 for each new record. It continues incrementally for each new event the ELD records, regardless of the record’s owner.
Data Range:
From 0 to FFFF; initial factory value must be 0. After reaching FFFF (hexadecimal, decimal 65535), the next Event Sequence ID number must return to 0.
Data Length:
1-4 characters.
Data Format:
<Event Sequence ID Number> formatted as <C> to <CCCC>.
Disposition:
Mandatory.
Examples:
[1], [1F2C], [p2D3], [BB], [FFFE].
.26. Exempt Driver Configuration
Description:
A parameter indicating whether the motor carrier has configured a driver’s profile to claim exemption from ELD use.
Purpose:
Allows the electronic recording of a motor carrier’s exemption indication for a driver.
Source:
Configured by the motor carrier for a specific driver.
Used in:
ELD output files.
Data Type:
A motor carrier-configured and maintained parameter based on the qualification requirements outlined in § 395.1.
Data Range:
E (exempt) or 0 (non-exempt).
Data Length:
1 character.
Data Format:
<Exempt Driver Configuration> as in <C>.
Disposition:
Mandatory.
Examples:
[E], [0].
7.30. Last Name
Description: Refers to the last name of the individual holding an ELD account.
Purpose: Links an individual to their associated ELD account.
Source: Driver’s license for driver accounts; driver’s license or government-issued ID for support personnel accounts.
Used in: ELD account profiles and outputs (display and file).
Data Type: Entered during account creation.
Data Range: Any alphanumeric combination.
Data Length: Minimum 2, maximum 30 characters.
Data Format: Standard last name format.
Disposition: Mandatory for all accounts created on the ELD.
Example: [Smith].
7.31. Latitude
Description: The angular distance in degrees north and south of the equator.
Purpose: Combined with “Longitude,” this parameter stamps records with a reference point on the Earth’s surface.
Source: ELD’s position measurement.
Used in: ELD events and outputs.
Data Type: Automatically captured by the ELD.
Data Range: Values from −90.00 to 90.00 degrees in decimal format (two decimal point resolution) or −90.0 to 90.0 degrees (single decimal point resolution) in reduced precision records.
Data Length: 1, or 3 to 6 characters.
Data Format: <C> for first character, followed by <C> or <CC>, then <‘.’>, followed by <C> or <CC>.
Disposition: Mandatory.
Examples: [X], [M], [E], [−15.68], [38.89], [5.07].
7.32. Line Data Check Value
Description: A hexadecimal “check” value calculated according to procedure outlined in section 4.4.5.2 and attached to each output line of data.
Purpose: Identifies modifications to ELD output files after initial generation.
Source: ELD internal.
Used in: ELD output file.
Data Type: Calculated by the ELD.
Data Range: A number between hexadecimal 00 (decimal 0) and hexadecimal FF (decimal 255).
Data Length: 2 characters.
Data Format: <Line Data Check Value> in hexadecimal format.
Disposition: Mandatory.
Examples: [01], [A4], [CC].
7.33. Longitude
Description: The angular distance in degrees east or west of the prime meridian (Greenwich, England).
Purpose: Combined with “Latitude,” this parameter stamps records with a reference point on the Earth’s surface.
Source: ELD’s position measurement.
Used in: ELD events and outputs.
Data Type: Automatically captured by the ELD.
Data Range: Values from −179.99 to 180.00 degrees in decimal format (two decimal point resolution) or −179.9 to 180.0 degrees in reduced precision records.
Data Length: 1, or 3 to 7 characters.
Data Format: <C> for first character, followed by <C>, <CC>, or <CCC>, then <‘.’>, followed by <C> or <CC>.
Disposition: Mandatory.
Examples: [X], [M], [E], [−157.81], [−77.03], [9.05].
7.34. Malfunction/Diagnostic Code
Description: A code specifying the underlying malfunction or diagnostic event.
Purpose: Provides a standardized code for malfunction and data diagnostic events as outlined in section 4.
Source: ELD internal monitoring.
Used in: ELD events and outputs.
Data Type: Recorded by ELD when malfunctions and diagnostic events occur.
Data Range: As specified in section 4.
Data Length: 1 character.
Data Format: <C>.
Disposition: Mandatory.
Examples: [1], [5], [P], [L].
7.35. Malfunction Indicator Status
Description: A Boolean indicator of whether the ELD has an active malfunction at the time of event recording.
Purpose: Captures the ELD’s malfunction status during event recording.
Source: ELD internal monitoring functions.
Used in: ELD events and outputs.
Data Type: Internally monitored.
Data Range: 0 (no active malfunction) or 1 (active malfunction).
Data Length: 1 character.
Data Format: <C>.
Disposition: Mandatory.
Examples: [0], [1].
7.36. Multiday Basis Used
Description: Refers to the multiday basis (7 or 8 days) used by the motor carrier to compute cumulative duty hours.
Purpose: Enables the application of the HOS rules.
Source: Motor carrier.
Used in: ELD account profiles and outputs.
Data Type: Entered by the motor carrier during account creation.
Data Range: 7 or 8.
Data Length: 1 character.
Data Format: <C>.
Disposition: Mandatory.
Examples: [7], [8].
7.37. Order Number
Description: A continuous integer assigned to items on a list, starting at 1 and incremented by 1.
Purpose: Allows more compact report file output by avoiding repetition of CMV identifiers and usernames.
Source: ELD internal.
Used in: ELD outputs listing users and CMVs.
Data Type: Managed by the ELD.
Data Range: Integer between 1 and 99.
Data Length: 1-2 characters.
Data Format: <C> or <CC>.
Disposition: Mandatory.
Examples: [1], [5], [11].
7.38. Output File Comment
Description: A textual field that may be populated with information related to the ELD output file; an authorized safety official may provide a key phrase or code for inclusion.
Purpose: Links submitted data to inspections, inquiries, or enforcement actions.
Source: Enforcement personnel, driver, or motor carrier.
Used in: ELD outputs.
Data Type: Entered by the authorized safety official, driver, or motor carrier.
Data Range: Blank or any alphanumeric combination provided by an authorized safety official.
Data Length: 0-60 characters.
Data Format: <{blank}> or alphanumeric characters.
Disposition: Mandatory if provided.
Examples: [], [3BHG701015], [113G1EFW02].
7.39. Shipping Document Number
Description: The shipping document number used by the motor carrier.
Purpose: Links ELD data to shipping records.
Source: Motor carrier.
Used in: ELD outputs.
Data Type: Entered by the driver or motor carrier and verified by the driver.
Data Range: Any alphanumeric combination.
Data Length: 0-40 characters.
Data Format: <{blank}> or alphanumeric characters.
Disposition: Mandatory if used in the motor carrier’s system.
Examples: [], [B 75354], [FX334411707].
7.40. Time
Description: In combination with the “Date,” this parameter stamps records with a reference in time, converted to the driver’s home terminal time zone.
Purpose: Records the instance of recorded events.
Source: ELD’s time measurement.
Used in: ELD events and outputs.
Data Type: Automatically captured by ELD in UTC and converted to the driver’s home terminal time zone.
Data Range: Valid date-time in <HHMMSS> format.
Data Length: 6 characters.
Data Format: <HHMMSS> where “HH” is between 00 and 23, and “MM” and “SS” are between 00 and 59.
Disposition: Mandatory.
Examples: {070111}, {001259}, {151522}.
7.41. Time Zone Offset from UTC
Description: Refers to the time offset between UTC and the time standard at the driver’s home terminal.
Purpose: Links records stamped with local time to a universal reference.
Source: Calculated from UTC and the time standard at the driver’s home terminal.
Used in: ELD account profile, ELD event, driver’s certification.
Data Type: Programmed or populated by the motor carrier or ELD.
Data Range: 04 to 11 (omit sign).
Data Length: 2 characters.
Data Format: <HH> where “HH” refers to the hours of difference.
Disposition: Mandatory.
Examples: {04}, {05}, {10}.
7.42. Trailer Number(s)
Description: The identifier(s) used by the motor carrier for trailers.
Purpose: Identifies the trailers a driver operates while ELD records are being made.
Source: Motor carrier’s system or driver’s input.
Used in: ELD records.
Data Type: Automatically captured or entered by the driver.
Data Range: Any alphanumeric combination.
Data Length: 0-32 characters.
Data Format: Trailer numbers separated by space.
Disposition: Mandatory for combination vehicles.
Examples: {987}, {00987 PP2345}, {BX987 POP712 10567}.
7.43. Vehicle Miles
Description: This data element represents the distance traveled by the commercial motor vehicle (CMV) in whole miles. It includes two key parameters:
- Total Vehicle Miles: Refers to the odometer reading, used for recording events such as “engine power on” and “engine shut down.”
- Accumulated Vehicle Miles: Indicates the distance covered during a specific ignition power-on cycle, used for tracking all other event types.
Purpose: Enables the tracking of distance traveled by the CMV during different duty statuses. The total miles driven in a 24-hour period is a mandatory field under § 395.8.
Source: ELD system measurements or other sensors, as allowed by Section 4.3.1.3.
Used in: ELD event records and system outputs.
Data Type: Obtained from the engine’s ECM or an equivalent source, as defined in the relevant guidelines.
Data Range:
- For Total Vehicle Miles, the range is from 0 to 9,999,999.
- For Accumulated Vehicle Miles, the range is from 0 to 9,999.
Data Length: Between 1 and 7 characters.
Data Format: Numeric values representing Vehicle Miles, ranging from <C> to <CCCCCCC>.
Disposition: Mandatory for all ELD-originated events or when the driver profile is unidentified. If events are created by the driver or another authenticated user and vehicle miles cannot be accurately determined, this field may be left blank.
Examples: [99], [1004566], [0], [422].
Part 396—Inspection, Repair, And Maintenance
Authority:
49 U.S.C. 504, 31133, 31136, 31151, 31502; section 32934, Pub. L. 112-141, 126 Stat. 405, 830; section 5524, Pub. L. 114-94, 129 Stat. 1312, 1560; and 49 CFR 1.87.
Source: 44 FR 38526, July 2, 1979, unless stated otherwise.
Editorial Note: Changes to part 396’s nomenclature appear at 66 FR 49874, Oct. 1, 2001.
§ 396.1 Scope.
(a) All motor carriers, including their officers, drivers, agents, representatives, and employees directly involved in vehicle inspection or maintenance, must be well-versed in and adhere to the requirements of this part.
(b) Similarly, all intermodal equipment providers and their officers, agents, representatives, and employees responsible for the inspection or maintenance of intermodal equipment offered to or interchanged with motor carriers must comply with the rules outlined in this part.
(c) This part excludes “covered farm vehicles,” as defined in 49 CFR 390.5, and their drivers.
(d) The regulations do not apply to “pipeline welding trucks” as defined in 49 CFR 390.38(b).
[73 FR 76823, Dec. 17, 2008, as amended at 78 FR 16195, Mar. 14, 2013; 81 FR 47722, July 22, 2016]
§ 396.3 Inspection, Repair, and Maintenance.
(a) General Requirement: Motor carriers and intermodal equipment providers must systematically ensure the inspection, repair, and maintenance of all vehicles and intermodal equipment under their control, or ensure that these tasks are performed.
(1) Parts and accessories must be maintained in safe and operational condition at all times, including those listed in part 393 of this subchapter and other components affecting safety, such as frame assemblies, suspension systems, axles, wheels, rims, and steering systems.
(2) Pushout windows, emergency doors, and emergency door marking lights in buses must be inspected every 90 days.
(b) Required Records: Motor carriers (excluding private nonbusiness carriers of passengers) must maintain, or ensure the maintenance of, records for each vehicle they control for 30 consecutive days. Intermodal equipment providers must also maintain records for each unit of equipment they offer to motor carriers. These records must include:
(1) Identification of the vehicle, including company number (if applicable), make, serial number, year, and tire size. If the vehicle is not owned by the motor carrier, the record must include the name of the vehicle’s owner.
(2) Documentation of inspection and maintenance tasks, indicating their due dates and nature.
(3) A log of inspections, repairs, and maintenance performed, including dates and details.
(4) A record of tests conducted on bus emergency windows, doors, and lights.
(c) Record Retention: The required records must be kept at the vehicle’s location or maintenance facility for one year and for six months after the vehicle leaves the motor carrier’s control.
[44 FR 38526, July 2, 1979, as amended at 48 FR 55868, Dec. 16, 1983; 53 FR 18058, May 19, 1988; 59 FR 8753, Feb. 23, 1994; 59 FR 60324, Nov. 23, 1994; 73 FR 75824, Dec. 17, 2008]
§ 396.5 Lubrication.
Motor carriers must ensure that every vehicle under their control is:
(a) Properly lubricated; and
(b) Free from oil and grease leaks.
§ 396.7 Unsafe Operations Forbidden.
(a) General Rule: A motor vehicle must not be operated in a condition likely to cause an accident or breakdown.
(b) Exemption: A vehicle discovered to be unsafe may continue operation only to the nearest location where repairs can be made safely, provided such operation is less hazardous than leaving the vehicle on the highway.
§ 396.9 Inspection of Motor Vehicles and Intermodal Equipment in Operation.
(a) Authorized Personnel: FMCSA special agents are authorized to inspect motor carriers’ vehicles and intermodal equipment in operation.
(b) Inspection Report: The Driver Vehicle Examination Report must be used to document the results of vehicle and intermodal equipment inspections by FMCSA personnel.
(c) Out-of-Service Declaration:
(1) Any motor vehicle or intermodal equipment deemed mechanically unsafe or improperly loaded will be marked “out-of-service” by authorized personnel. An “Out-of-Service Vehicle” sticker will be used to indicate this status.
(2) A vehicle or intermodal equipment marked as “out-of-service” may not be operated until all required repairs are completed. This includes towing, which must only occur if done with appropriate equipment.
(3) No one may remove the “Out-of-Service Vehicle” sticker until all repairs indicated on the “out-of-service notice” are completed.
(d) Motor Carrier or Intermodal Equipment Provider Disposition:
(1) After receiving an inspection report, the driver must deliver a copy to the motor carrier and intermodal equipment provider upon arrival at the next facility. If no facility is visited within 24 hours, the report must be transmitted by mail, fax, or other means.
(2) Motor carriers and intermodal equipment providers must examine the report, addressing any violations or defects noted.
(3) Within 15 days of the inspection, the motor carrier or intermodal equipment provider must:
(i) Certify that all violations have been corrected by completing the required certification section of the form.
(ii) Return the signed form to the issuing agency and retain a copy for 12 months at the motor carrier’s or intermodal equipment provider’s principal business location.
[73 FR 76824, Dec. 17, 2008, as amended at 75 FR 17252, Apr. 5, 2010; 77 FR 28451, May 14, 2012; 78 FR 58485, Sept. 24, 2013; 81 FR 47731, July 22, 2016; 88 FR 80193, Nov. 17, 2023]
- 396.11 Driver Vehicle Inspection Reports
(a) Equipment Provided by the Motor Carrier
- Report Requirement:
Every motor carrier must require its drivers to complete a written inspection report at the end of each workday for each vehicle operated, excluding intermodal equipment provided by an intermodal equipment provider. The report should cover, at a minimum, the following vehicle parts and accessories:- Service brakes, including trailer brake connections
- Parking brake
- Steering mechanism
- Lighting devices and reflectors
- Tires
- Horn
- Windshield wipers
- Rearview mirrors
- Coupling devices
- Wheels and rims
- Emergency equipment
- Report Details:
- The report must identify the vehicle and note any defects or deficiencies found, which could affect the safety or result in a mechanical failure.
- If a driver operates multiple vehicles in a day, a separate report must be completed for each vehicle.
- Drivers are not required to complete a report if no issues are found.
- The driver must sign the report. In cases of two-driver operations, only one driver needs to sign, provided both agree on the identified issues.
- Corrective Action:
- Before allowing a driver to operate a vehicle, the motor carrier must address any defects or deficiencies noted in the inspection report that could impact vehicle safety.
- The motor carrier must certify on the inspection report that repairs have been made or that no repair is necessary before the vehicle is used again.
- Report Retention:
Motor carriers must retain inspection reports, repair certifications, and driver review certifications for three months from the report’s completion date. - Exemptions:
The requirements of this section do not apply to private non-business passenger carriers, driveaway-towaway operations, or carriers operating only one commercial motor vehicle.
(b) Equipment Provided by Intermodal Equipment Providers
- Report Requirement:
Every intermodal equipment provider must establish a system for receiving damage, defect, or deficiency reports from motor carriers or drivers transporting intermodal equipment. Drivers or motor carriers must report any issues when the equipment is returned to the provider or its designated agent. The report must cover at least the following parts and accessories:- Brakes
- Lighting devices, lamps, markers, and conspicuity markings
- Wheels, rims, lugs, and tires
- Air line connections, hoses, and couplers
- Kingpin upper coupling device
- Rails or support frames
- Tie-down bolsters
- Locking pins, clevises, clamps, or hooks
- Sliders or sliding frame locks
- Report Details:
- The report must include the name of the motor carrier responsible for the intermodal equipment at the time the issues were discovered.
- It should also include the motor carrier’s and intermodal equipment provider’s USDOT numbers and a unique identifier for the equipment.
- The report must note the date and time of submission and provide details of any damage or defects that would affect the safe operation or lead to mechanical failure on public roads.
- The driver’s signature is required on the report.
- Corrective Action:
- Before allowing the transport of intermodal equipment with reported issues, the provider or its agent must repair any defects that could affect the safety of the operation.
- The provider must certify on the original report that the reported issues have been repaired or that repairs are unnecessary before the equipment is used again.
- Report Retention:
Intermodal equipment providers must maintain all related documents, including driver reports and repair certifications, for three months from the submission date.
- 396.12 Intermodal Equipment Providers’ Procedures for Accepting Reports
(a) Reporting System:
Intermodal equipment providers must set up a system that allows motor carriers and drivers to report any damage, defects, or deficiencies that could:
- Affect the safety of operation
- Lead to mechanical breakdown while transporting the equipment on public roads
(b) Report Details:
The reporting system must include documentation covering the following information:
- The motor carrier responsible for operating the intermodal equipment when the issue was discovered.
- The motor carrier’s and intermodal equipment provider’s USDOT numbers, and a unique identifier for the intermodal equipment.
- The date and time the report was submitted.
- Details of any reported issues, including damage or defects, and how they might affect safety or cause breakdowns.
- The signature of the driver who submitted the report.
(c) Corrective Action:
- Prior to allowing transport, the intermodal equipment provider or its agent must repair any reported issues that could affect safety.
- The provider must certify on the report that all repairs have been made or that no repairs are necessary before the equipment is used again.
(d) Report Retention:
The intermodal equipment provider must keep all related reports and repair certifications for three months from the date of the driver’s submission.
- 396.13 Driver Inspection
Before operating a motor vehicle, the driver must:
(a) Ensure that the vehicle is in safe working condition;
(b) Review the most recent driver vehicle inspection report, as required by § 396.11(a)(2)(i); and
(c) Sign the report to confirm that the driver has reviewed it and certify that any necessary repairs have been completed. The signature requirement does not apply to defects on a towed unit that is no longer part of the vehicle combination.
[44 FR 76526, Dec. 27, 1979, as amended at 48 FR 55868, Dec. 16, 1983; 63 FR 33280, June 18, 1998; 85 FR 50793, Aug. 18, 2020]
- 396.15 Driveaway-Towaway Operations and Inspections
(a) General: Motor carriers involved in driveaway-towaway operations must comply with the regulations in this part. However, the maintenance records required by § 396.3, the vehicle inspection report required by § 396.11, and the periodic inspection required by § 396.17 do not apply to any vehicle that is part of the shipment being delivered.
(b) Pre-trip Inspection: Before starting a driveaway-towaway operation involving motor vehicles in combination, the motor carrier must perform a thorough inspection and test to ensure:
(1) The tow-bar or saddle-mount connections are securely fastened to both the towed and towing vehicles;
(2) The components function properly without binding or cramping;
(3) The towed vehicle tracks correctly behind the towing vehicle, without excessive whipping or swerving.
(c) Post-trip Inspection: After completing a driveaway-towaway operation and before the vehicles are used again, the motor carrier must disassemble and inspect the tow-bars and saddle-mounts for any worn, bent, cracked, broken, or missing parts. Any defective components must be repaired or replaced before the equipment can be reused.
[44 FR 38526, July 2, 1979, as amended at 53 FR 49410, Dec. 7, 1988; 53 FR 49968, Dec. 12, 1988; 78 FR 58485, Sept. 24, 2013; 84 FR 51435, Sept. 30, 2019]
- 396.17 Periodic Inspection
(a) All commercial motor vehicles must undergo inspections as specified in this section, covering at least the components listed in Appendix A of this part. This includes all vehicles in a combination vehicle. For example, a tractor-semitrailer combination must have the tractor, semitrailer, and full trailer (including any converter dolly, if equipped) inspected.
(b) Unless exempted by § 396.23 and this section, motor carriers are required to inspect all vehicles under their control. Intermodal equipment providers must also inspect equipment intended for interchange with motor carriers in intermodal transport.
(c) A commercial motor vehicle cannot be used, and an intermodal equipment provider cannot offer equipment for interchange, unless each part identified in Appendix A has passed an inspection within the last 12 months. The inspection report must be on file, and acceptable documentation includes:
(1) The inspection report per § 396.21(a), or
(2) Other documentation, such as a sticker or decal, containing:
(i) The inspection date;
(ii) The name and address of the motor carrier, intermodal equipment provider, or entity holding the inspection report;
(iii) The unique identification for the inspected vehicle, if not clearly marked on the vehicle;
(iv) A certification that the vehicle has passed inspection as per § 396.17.
(d) Motor carriers may perform the required annual inspection for vehicles under their control that are not covered by § 396.23(a)(1). Similarly, intermodal equipment providers can perform the annual inspection for equipment that is not covered by § 396.23(a)(1).
(e) Motor carriers or intermodal equipment providers may delegate the inspection to commercial businesses (e.g., fleet leasing companies, truck stops) that meet the necessary qualifications and maintain proper inspection facilities.
(f) Inspections performed by State or equivalent authorities in Canada, the Yukon Territory, or Mexico that meet the minimum standards in Appendix A will be deemed to fulfill the annual inspection requirements for 12 months starting from the inspection date.
(g) Motor carriers or intermodal equipment providers must ensure all parts and accessories of commercial vehicles they control comply with the minimum standards in Appendix A, or are promptly repaired to meet these standards.
(h) Failure to conduct a proper annual inspection may result in penalties under 49 U.S.C. 521(b).
[73 FR 76825, Dec. 17, 2008, as amended at 81 FR 47732, July 22, 2016; 83 FR 22881, May 17, 2018; 86 FR 57077, Oct. 14, 2021]
- 396.19 Inspector Qualifications
(a) Individuals conducting annual inspections under § 396.17(d) or (e) must meet the following qualifications:
(1) Be knowledgeable about the inspection criteria outlined in part 393 and Appendix A, and able to identify defective components;
(2) Be proficient with the methods, procedures, tools, and equipment used in inspections; and
(3) Be capable of performing inspections based on their experience or training, including:
(i) Completion of a Federal- or State-sponsored training program, or possessing a certificate from a State or Canadian Province certifying them to perform commercial motor vehicle safety inspections; or
(ii) At least 1 year of combined training and experience, such as:
(A) Participation in manufacturer-sponsored or other relevant commercial vehicle training programs;
(B) Experience as a mechanic or inspector in a motor carrier or intermodal equipment maintenance program;
(C) Experience in commercial motor vehicle maintenance at a commercial garage, fleet leasing company, or similar facility; or
(D) Experience as a commercial motor vehicle inspector for a government entity.
(b) Motor carriers and intermodal equipment providers must retain evidence of the qualifications of individuals performing inspections. This documentation must be kept while the individual conducts inspections for the carrier or provider, and for one year thereafter. However, such records are not required for inspections performed under State periodic inspection programs.
[73 FR 76825, Dec. 17, 2008, as amended at 81 FR 47732, July 22, 2016; 86 FR 57077, Oct. 14, 2021]
- 396.21 Periodic Inspection Recordkeeping Requirements
(a) The qualified inspector conducting the inspection must create a report that includes the following:
(1) The identity of the inspector;
(2) The identity of the motor carrier operating the vehicle or intermodal equipment provider intending to interchange the vehicle to a motor carrier;
(3) The date of the inspection;
(4) The identification of the inspected vehicle;
(5) A list of the vehicle components inspected, with detailed results, including identifying any components that do not meet the minimum standards outlined in Appendix A to this part;
(6) A certification stating that the inspection was conducted accurately and in full compliance with all the requirements of this section.
(b)
(1) The motor carrier, intermodal equipment provider, or other entity responsible for the inspection must retain the original or a copy of the inspection report for a period of fourteen months from the date of the report. The report must be stored where the vehicle is housed or maintained.
(2) The original or a copy of the inspection report must be readily available for review by any authorized Federal, State, or local official.
(3) Exception: If the motor carrier did not perform the last annual inspection of a commercial motor vehicle, or if the intermodal equipment provider did not perform the inspection on equipment intended for interchange to a motor carrier, the motor carrier or intermodal equipment provider is responsible for obtaining and providing the last annual inspection report upon request by an authorized Federal, State, or local official.
[73 FR 76825, Dec. 17, 2008, as amended at 86 FR 57077, Oct. 14, 2021]
- 396.23 Equivalent to Periodic Inspection
(a)
(1) If a commercial motor vehicle is subject to a mandatory inspection program deemed by the Administrator to be as effective as § 396.17, the motor carrier or intermodal equipment provider may satisfy the requirements of § 396.17 through that inspection program. Inspections may be conducted by government personnel, at authorized commercial facilities, or by the motor carrier or intermodal equipment provider under a self-inspection program authorized by relevant State or equivalent authorities in the Canadian Provinces, the Yukon Territory, or Mexico.
(2) If FMCSA determines that an inspection program is not as effective as § 396.17, the motor carrier or intermodal equipment provider must ensure that all required periodic inspections are performed in accordance with § 396.17.
(b) [Reserved]
[83 FR 22881, May 17, 2018]
- 396.25 Qualifications of Brake Inspectors
(a) Motor carriers and intermodal equipment providers must ensure that all brake inspections, maintenance, repairs, and services on their commercial motor vehicles comply with this section.
(b) For this section, “brake inspector” refers to any employee responsible for ensuring that all brake-related tasks, including inspection, maintenance, service, or repairs, meet the applicable Federal standards.
(c) No motor carrier or intermodal equipment provider may assign any employee who does not meet the minimum qualifications outlined in paragraph (d) of this section to perform brake inspections, maintenance, service, or repairs on commercial motor vehicles.
(d) Brake inspector qualifications:
(1) The inspector must understand the task at hand and be capable of performing it;
(2) The inspector must be familiar with and proficient in the methods, tools, procedures, and equipment used in performing brake services or inspections;
(3) The inspector must have the necessary experience or training to perform the assigned brake service or inspection, as follows:
(i) Completion of an apprenticeship program approved by a State, Canadian Province, Federal agency, or labor union, or a training program certified by a State, Provincial, or Federal agency, or certification qualifying the person to perform brake inspections (including passing the CDL air brake test for brake inspections); or
(ii) At least one year of training or experience related to brake service or inspection, which may include:
(A) Participation in a manufacturer-sponsored or similar brake maintenance or inspection training program;
(B) Experience performing brake inspections or maintenance in a motor carrier or intermodal equipment provider’s maintenance program; or
(C) Experience performing brake maintenance or inspections in a commercial garage or similar facility.
(e) Motor carriers or intermodal equipment providers must maintain records of each brake inspector’s qualifications at their principal business location or at the location where the inspector is employed. These records must be kept for the duration of the inspector’s employment and for one year after their employment ends. However, carriers are not required to maintain records for air brake inspections performed by individuals who have passed the air brake knowledge and skills test for a CDL.
[73 FR 76825, Dec. 17, 2008]
Appendix A to Part 396—Minimum Periodic Inspection Standards
A vehicle fails inspection if any of the following defects or deficiencies are present:
- Brake System
a. Service Brakes
(1) Absence of braking action on any axle required to have brakes when the service brakes are applied (e.g., missing brakes or failure of the brake shoe(s) to move when applying a wedge, S-cam, cam, or disc brake).
(2) Missing or damaged mechanical components, including brake shoes, linings, pads, springs, anchor pins, spiders, cam rollers, push-rods, and air chamber mounting bolts.
(3) Loose brake components such as air chambers, spiders, and cam shaft support brackets.
(4) Audible air leak at the brake chamber (e.g., ruptured diaphragm, loose chamber clamp, etc.).
(5) Readjustment Limits
(a) The maximum pushrod stroke must not exceed the values specified in the tables below and in § 393.47(e). Any brake stroke exceeding the readjustment limit will result in rejection. The stroke must be measured with the engine off and the reservoir pressure between 80 to 90 psi, with the brakes fully applied.
| Type | Outside diameter | Brake readjustment limit: standard stroke chamber | Brake readjustment limit: long stroke chamber |
| 6 | 4 1/2 in. (114 mm) | 1 1/4 in. (31.8 mm) | |
| 9 | 5 1/4 in. (133 mm) | 1 3/8 in. (34.9 mm) | |
| 12 | 5 11/16 in. (145 mm) | 1 3/8 in. (34.9 mm) | 1 3/4 in. (44.5 mm). |
| 16 | 6 3/8 in. (162 mm) | 1 3/4 in. (44.5 mm) | 2 in. (50.8 mm). |
| 20 | 6 25/32 in. (172 mm) | 1 3/4 in. (44.5 mm) | 2 in. (50.8 mm).
2 1/2 in. (63.5 mm).1 |
| 24 | 7 7/32 in. (184 mm) | 1 3/4 in. (44.5 mm) | 2 in. (50.8 mm).
2 1/2 in. (63.5 mm).2 |
| 30 | 8 3/32 in. (206 mm) | 2 in. (50.8 mm) | 2 1/2 in. (63.5 mm). |
| 36 | 9 in. (229 mm) | 2 1/2 in. (63.5 mm) | |
| 1 For type 20 chambers with a 3-inch (76 mm) rated stroke. | |||
| 2 For type 24 chambers with a 3-inch (76 mm) rated stroke. | |||
| Type | Outside diameter | Brake readjustment limit |
| 30 | 8 1/8 in. (206 mm) | 2 1/4 in. (57.2 mm). |
| Type | Outside diameter | Brake readjustment limit |
| A | 6 15/16 in. (176 mm) | 1 3/8 in. (34.9 mm). |
| B | 9 3/16 in. (234 mm) | 1 3/4 in. (44.5mm). |
| C | 8 1/16 in. (205 mm) | 1 3/4 in. (44.5 mm). |
| D | 5 1/4 in. (133 mm) | 1 1/4 in. (31.8 mm). |
| E | 6 3/16 in. (157 mm) | 1 3/8 in. (34.9 mm). |
| F | 11 in. (279 mm) | 2 1/4 in. (57.2 mm). |
| G | 9 7/8 in. (251 mm) | 2 in. (50.8 mm). |
| Type | Outside diameter | Brake readjustment limit |
| 9 | 4 9/32 in. (109 mm) | 1 1/2 in. (38.1 mm). |
| 12 | 4 13/16 in. (122 mm) | 1 1/2 in. (38.1 mm). |
| 16 | 5 13/32 in. (138 mm) | 2 in. (50.8 mm). |
| 20 | 5 15/16 in. (151 mm) | 2 in. (50.8 mm). |
| 24 | 6 13/32 in. (163 mm) | 2 in. (50.8 mm). |
| 30 | 7 1/16 in. (180 mm) | 21/4 in. (57.2 mm). |
| 36 | 7 5/8 in. (194 mm) | 2 3/4 in. (69.9 mm). |
| 50 | 8 7/8 in. (226 mm) | 3 in. (76.2 mm). |
(b) For actuator types not listed in these tables, the pushrod stroke must not exceed 80% of the rated stroke indicated by the actuator manufacturer or the readjustment limit marked by the manufacturer on the actuator.
(6) Brake Linings or Pads
(a) Linings or pads are not securely attached to the shoe.
(b) Linings or pads are saturated with oil, grease, or brake fluid.
(c) For non-steering axles, the lining thickness should not be less than 1/4 inch at the shoe center for air drum brakes, 1/16 inch or less for hydraulic and electric drum brakes, and less than 1/8 inch for air disc brakes.
(d) For steering axles, the lining thickness should not be less than 1/4 inch at the shoe center for drum brakes, less than 1/8 inch for air disc brakes, and 1/16 inch or less for hydraulic and electric disc brakes.
(7) Any axle that is required to have brakes but is missing a brake.
(8) Brake Mismatch on Power Unit Steering Axle:
(a) Mismatched air chamber sizes.
(b) Mismatched slack adjuster lengths.
Wedge Brake Data – The movement of the scribe mark on the lining should not exceed 1/16 inch.
- Parking Brake System
- No brakes are applied upon activation of the parking brake control, including driveline hand-controlled parking brakes.
- Brake Drums or Rotors
- Any external cracks or cracks that open when the brakes are applied (do not confuse small heat check cracks with flexural cracks).
- Any part of the drum or rotor is missing or at risk of falling off.
- Brake Hose
- Any hose damage extending through the outer reinforcement ply (Rubber impregnated fabric cover is not considered reinforcement ply). Exposure of braid reinforcement or a color difference in thermoplastic nylon hoses is grounds for rejection.
- Hoses bulging or swelling when air pressure is applied.
- Any audible air leaks.
- Improperly joined hoses, such as splicing by clamping hose ends onto a tube.
- Cracked, broken, or crimped air hoses.
- Brake Tubing
- Any audible air leaks.
- Tubing is cracked, damaged by heat, broken, or crimped.
- Low Pressure Warning Device
- Missing, inoperative, or not functioning at 55 psi or below, or 1/2 the governor cut-out pressure, whichever is less.
- Tractor Protection Valve
- Missing or inoperative tractor protection valve(s) on the power unit.
- Air Compressor
- Compressor drive belts in poor condition or near failure.
- Loose compressor mounting bolts.
- Cracked, broken, or loose pulley.
- Cracked or broken mounting brackets, braces, or adapters.
- Electric Brakes
- No braking action on any wheel required to have brakes.
- Missing or inoperable breakaway braking device.
- Hydraulic Brakes (Including Power Assist Over Hydraulic and Engine Drive Hydraulic Booster)
- Master cylinder is less than 1/4 full.
- No pedal reserve with the engine running, unless the pedal is pumped.
- Power assist unit fails to operate.
- Leaking or swelling brake hose(s) under pressure.
- Missing or inoperative check valve.
- Visibly leaking hydraulic fluid.
- Abraded (chafed) hydraulic hoses.
- Leaking, cracked, or broken fluid lines or connections.
- Brake failure or low fluid warning light on and/or inoperative.
- Vacuum Systems
- Insufficient vacuum reserve to allow one full brake application after engine shutdown.
- Restricted, abraded, crimped, cracked, or broken vacuum hoses or lines.
- Collapsing vacuum hoses when vacuum is applied.
- Missing or inoperative low-vacuum warning device.
- Antilock Brake System (ABS)
- Missing ABS malfunction indicator components (e.g., bulb, wiring).
- ABS malfunction indicator does not illuminate during initial power-up of the ABS controller (ECU).
- ABS malfunction indicator stays illuminated when the ABS controller (ECU) is continuously powered.
- ABS malfunction indicator on a trailer or dolly does not cycle when power is applied to the vehicle’s constant ABS power circuit or stop lamp circuit.
- With ignition in the normal run position and brakes released, the power unit fails to provide continuous electrical power to the ABS on air-braked vehicles it is equipped to tow.
- Other missing or inoperative ABS components.
- Automatic Brake Adjusters
- Failure to maintain brake stroke within the limits specified by the vehicle manufacturer.
- Replacement of an automatic brake adjuster with a manual adjuster.
- Damaged, loose, or missing components.
- If a brake is out of adjustment during the inspection, the cause must be determined, and the issue fixed before the vehicle can pass inspection.
- Coupling Devices
- Fifth Wheels
- Mounting to frame: Missing or ineffective fasteners, movement between mounting components, cracked or broken mounting angle iron.
- Mounting plates and pivot brackets: Missing or ineffective fasteners, cracked welds, more than 3/8 inch horizontal movement between pivot bracket pin and bracket, missing or unsecured pivot bracket pin.
- Sliders: Missing or ineffective latching fasteners, missing or insecurely attached fore/aft stops, more than 3/8 inch movement between slider bracket and slider base, cracked slider components.
- Lower coupler: Horizontal movement exceeding 1/2 inch, operating handle not closed or locked, kingpin not properly engaged, separation between upper and lower coupler, cracked fifth wheel plate, or malfunctioning locking mechanism.
- Pintle Hooks
- Mounting to frame: Missing or ineffective fasteners, mounting surface cracks, loose mounting, cracked frame cross member.
- Integrity: Cracks in the pintle hook assembly, welded repairs, reduced horn section by more than 20%, insecure latch.
- Drawbar/Towbar Eye
- Mounting: Cracks in attachment welds, missing or ineffective fasteners.
- Integrity: Cracks in the eye or reduction of more than 20% in size.
- Drawbar/Towbar Tongue
- Slider: Ineffective latching mechanism, missing or ineffective stops, movement greater than 1/4 inch between slider and housing, leaks in air/hydraulic cylinders or hoses.
- Integrity: Cracks, movement greater than 1/4 inch between subframe and drawbar.
- Safety Devices
- Missing safety devices or devices unattached/insecure.
- Worn chains and hooks or improper repairs.
- Kinked or broken cable strands, improper cable clamping.
- Saddle-Mounts
- Missing or ineffective fasteners, loose mountings, cracks in stress/load-bearing members, excessive movement between upper and lower saddle-mount halves (over 1/4 inch).
- Exhaust System
- Leaking exhaust system forward of or directly below the driver/sleeper compartment.
- Bus exhaust system leaks or discharges to the atmosphere exceeding specified lengths.
- Exhaust system improperly located, potentially damaging vehicle components.
- Fuel System
- Visible fuel system leaks.
- Missing fuel tank filler cap.
- Fuel tank not securely attached due to loose or broken mounting bolts or brackets.
- Lighting Devices
- All required lighting devices and reflectors must be operable.
- Safe Loading
- Load or spare tire could fall onto the roadway.
- Lack of protection against shifting cargo or unsecured intermodal containers.
- Steering Mechanism
- Steering wheel free play excessive on power-steering vehicles with the engine running.
| Steering wheel diameter | Manual steering system | Power steering system |
| 16″ | 2″ | 41/2″ |
| 18″ | 21/4″ | 43/4″ |
| 20″ | 21/2″ | 51/4″ |
| 22″ | 23/4″ | 53/4″ |
- Steering Column
(1) Presence of any loose or absent U-bolts or positioning components.
(2) Worn, defective, or visibly repaired universal joints.
(3) Steering wheel improperly secured.
- Front Axle Beam and Steering Components (Excluding Steering Column)
(1) Presence of any cracks.
(2) Visible welded repairs.
- Steering Gear Box
(1) Loose or missing mounting bolts.
(2) Cracks in the gear box or mounting brackets.
- Pitman Arm
Looseness in the pitman arm on the steering gear output shaft. - Power Steering
Loose auxiliary power assist cylinder. - Ball and Socket Joints
(1) Any movement in the stud nut under steering load.
(2) Motion exceeding 1/4 inch, other than rotational, between any linkage part and its attachment point.
- Tie Rods and Drag Links
(1) Loose clamps or clamp bolts on tie rods or drag links.
(2) Looseness in any threaded joint.
- Nuts
Loose or missing nuts on tie rods, pitman arm, drag link, steering arm, or tie rod arm. - Steering System
Any modification or condition obstructing the free movement of steering components. - Suspension
- U-bolts, Spring Hangers, and Positioning Parts
Any U-bolt(s), spring hanger(s), or other axle-positioning parts that are cracked, broken, loose, or missing, causing axle displacement from its normal position. (Note: Lateral axle displacement is normal after a turn; the axle should return to alignment when operating in a straight line.) - Spring Assembly
(1) Any broken or missing leaves in a leaf spring assembly.
(2) Any broken main leaf in a leaf spring assembly (including assemblies with multiple main springs).
(3) Broken coil spring.
(4) Missing rubber spring.
(5) Displaced leaves causing potential contact with tire, rim, brake drum, or frame.
(6) Broken torsion bar spring in torsion bar suspension.
(7) Deflated air suspension (system failure, leaks, etc.).
- Torque, Radius, or Tracking Components
Any part of the torque, radius, or tracking component assembly, or components used to attach them to the vehicle frame or axle, that is cracked, loose, broken, or missing. (Excludes loose bushings in torque or track rods.) - Frame
- Frame Members
(1) Cracked, broken, loose, or sagging frame members.
(2) Loose or missing fasteners, including those attaching functional components like the engine, transmission, steering gear, suspension, body parts, and fifth wheel.
- Tire and Wheel Clearance
Any condition, including loading, that results in body or frame contact with a tire or wheel assembly. - Adjustable Axle Assemblies (Sliding Subframes)
Adjustable axle assemblies with missing or disengaged locking pins. - Tires
- Steering Axle Tires on a Power Unit
(1) Tread depth less than 4/32 inch at any point on a major tread groove.
(2) Exposed body ply or belt material through tread or sidewall.
(3) Tread or sidewall separation.
(4) Cuts exposing ply or belt material.
(5) Tires labeled “Not for Highway Use” or other markings restricting use on the steering axle.
(6) Radial tube-type tires without proper radial tube stem markings.
(7) Mixing bias and radial tires on the same axle.
(8) Tire flap protruding through the valve slot and touching the stem.
(9) Regrooved tires (except for urban or suburban service vehicles).
(10) Boot, blowout patch, or other ply repairs.
(11) Overloaded tires exceeding load limits due to low air pressure.
(12) Flat tire or one with a noticeable leak.
(13) Buses equipped with recapped or retreaded tires.
(14) Tires mounted or inflated such that they come in contact with any part of the vehicle.
- All Tires (Other Than Steering Axle Tires)
(1) Overloaded tires due to exceeding the load limit, including those with low air pressure.
(2) Flat tires or those with a noticeable leak.
(3) Exposed ply or belt material through the tread or sidewall.
(4) Tread or sidewall separation.
(5) Cuts exposing ply or belt material.
(6) Tires mounted or inflated such that they come into contact with any vehicle part.
(7) Tires labeled “Not for Highway Use” or similarly marked.
(8) Tread depth less than 2/32 inch at any point on a major tread groove.
- Speed-Restricted Tires
Installation of speed-restricted tires unless designated by the motor carrier. - Wheels and Rims
- Lock or Side Ring
Bent, broken, cracked, improperly seated, or mismatched rings. - Wheels and Rims
Cracked or broken wheels/rims or those with elongated bolt holes. - Fasteners (For Both Spoke and Disc Wheels)
Loose, missing, broken, cracked, stripped, or ineffective fasteners. - Welds
(1) Cracks in welds attaching the disc wheel to the rim.
(2) Cracks in welds attaching the tubeless demountable rim to the adapter.
(3) Welded repair on aluminum wheels on the steering axle.
(4) Welded repair other than disc-to-rim attachment on steel disc wheels on the steering axle.
- Windshield Glazing
Cracks, discoloration, or vision-reducing materials, excluding the following:
(1) Manufacturer-applied coloring or tinting.
(2) Cracks no wider than 1/4 inch, provided they are not intersected by other cracks.
(3) Damaged areas no larger than 3/4 inch in diameter, if not within 3 inches of another damaged area.
(4) Labels, stickers, and decals (exceptions per § 393.60).
- Windshield Wipers
Inoperative wipers or missing/damaged parts rendering them ineffective. - Motorcoach Seats
- Passenger Seat Security
Any passenger seat not securely fastened to the vehicle structure. - Rear Impact Guard
- Trailers and Semitrailers (GVWR of 10,001 lbs. or more, manufactured on or after January 26, 1998)
(1) Missing guard.
(2) Guard improperly attached to the trailer (broken or missing fasteners, cracked welds, etc.).
(3) Guard horizontal member improperly positioned (should be within 100 mm of each side or not extending beyond vehicle extremities).
(4) Guard horizontal member more than 560 mm above the ground.
(5) Guard horizontal member more than 305 mm forward of the vehicle’s rear extremity.
(6) Guard horizontal member lacking a vertical height of at least 100 mm.
- Commercial Motor Vehicles Manufactured After December 31, 1952
(1) Missing guard.
(2) Guard improperly attached (via bolts, welding, or other comparable means).
(3) Guard horizontal member more than 762 mm above the ground.
(4) Guard horizontal member not extending within 457 mm of each side extremity of the vehicle.
(5) Guard horizontal member more than 610 mm forward of the rear extremity.
Part 397—Transportation Of Hazardous Materials; Driving And Parking Rules
Subpart A—General
- 397.1 Application of the regulations in this section.
(a) The regulations outlined in this section apply to any motor carrier involved in the transport of hazardous materials via a motor vehicle that must be marked or placarded according to § 177.823 of this title. This includes:
(1) Every officer or employee of the motor carrier performing supervisory duties related to hazardous materials transportation; and
(2) Any individual operating or overseeing a motor vehicle that is transporting hazardous materials.
(b) Every individual mentioned in paragraph (a) of this section is required to understand and comply with the regulations in this section.
[36 FR 4876, Mar. 13, 1971, as amended at 36 FR 16067, Aug. 19, 1971; 53 FR 18058, May 19, 1988; 60 FR 38749, July 28, 1995]
- 397.2 Adherence to Federal motor carrier safety guidelines.
A motor carrier or any applicable person must follow the guidelines in parts 390 to 397 of this subchapter when transporting hazardous materials by motor vehicle that must be marked or placarded in compliance with § 177.823 of this title.
[37 FR 18080, Sept. 7, 1972]
- 397.3 Compliance with local, state, and municipal regulations.
All motor vehicles carrying hazardous materials must be operated and parked in accordance with local laws, ordinances, and regulations, unless those laws contradict specific Department of Transportation regulations that impose stricter requirements.
- 397.5 Supervision and monitoring of motor vehicles.
(a) Unless otherwise stated in paragraph (b), a motor vehicle containing Division 1.1, 1.2, or 1.3 (explosive) materials must be monitored at all times by either the vehicle’s driver or a qualified representative of the motor carrier.
(b) The requirements of paragraph (a) do not apply if the vehicle containing Division 1.1, 1.2, or 1.3 materials meets all the following conditions:
(1) The vehicle is located on the property of the motor carrier, or the shipper or consignee, in a secure location, or on a construction/survey site with no more than 50 pounds of Division 1.1, 1.2, or 1.3 materials;
(2) The lawful bailee of the explosives is informed about the nature of the materials and knows the emergency procedures;
(3) The vehicle is within the bailee’s direct line of sight or in a designated safe area.
(c) A motor vehicle carrying hazardous materials, except Division 1.1, 1.2, or 1.3 materials, on a public street or highway, or its shoulder, must be attended by the driver. However, the driver may not need to be present if performing necessary tasks directly related to vehicle operations.
(d) For the purposes of this section:
(1) A vehicle is considered attended when the person in charge is on the vehicle and awake, not in a sleeper berth, or within 100 feet of the vehicle with it in their clear view.
(2) A qualified representative of a motor carrier is someone designated by the carrier who:
(i) Is aware of the hazardous materials being transported;
(ii) Knows the emergency procedures to follow;
(iii) Has the authority to move the vehicle if needed and has the ability to do so.
(3) A safe haven refers to an area designated by local, state, or federal authorities where vehicles containing Division 1.1, 1.2, or 1.3 materials can be parked unattended.
(e) These rules do not exempt the driver from the obligation to place warning devices when stopped on a public street or highway.
[59 FR 63925, Dec. 12, 1994, as amended at 77 FR 59828, Oct. 1, 2012]
- 397.7 Parking.
(a) A motor vehicle containing Division 1.1, 1.2, or 1.3 materials must not be parked under the following circumstances:
(1) On or within 5 feet of the traveled portion of a public street or highway;
(2) On private property (including fueling or dining areas) without the knowledge and approval of the property owner, who is informed of the materials the vehicle carries;
(3) Within 300 feet of bridges, tunnels, dwellings, or locations where people gather, except for brief periods when operation necessities make other parking locations impractical.
(b) A motor vehicle carrying hazardous materials other than Division 1.1, 1.2, or 1.3 materials must not be parked on or within five feet of the traveled portion of a public street or highway except for brief periods when necessary for vehicle operation.
[59 FR 63925, Dec. 12, 1994]
- 397.9 [Reserved]
- 397.11 Fires.
(a) A motor vehicle transporting hazardous materials must not approach an open fire unless the driver has confirmed that the vehicle can pass safely without halting.
(b) A motor vehicle carrying hazardous materials must not be parked within 300 feet of an open fire.
- 397.13 Smoking.
Smoking or carrying a lighted cigarette, cigar, or pipe is prohibited:
(a) On or within 25 feet of a motor vehicle transporting Class 1, Class 5, or flammable materials under Division 2.1, Class 3, or Divisions 4.1 and 4.2; or
(b) On or within 25 feet of an empty tank vehicle that previously carried Class 3 flammable materials or Division 2.1 flammable gases and required placarding under § 177.823 of this title.
[59 FR 63925, Dec. 12, 1994]
- 397.15 Fueling.
When fueling a motor vehicle that contains hazardous materials:
(a) The vehicle’s engine must be turned off; and
(b) A person must oversee the fueling process at the location where the fuel tank is filled.
- 397.17 Tires.
(a) A driver must inspect every tire on the motor vehicle before the start of each trip and each time the vehicle is parked.
(b) If any tire is found to be flat, leaking, or improperly inflated during an inspection, the driver must have the tire repaired, replaced, or properly inflated before continuing operation. However, the vehicle may be driven to the nearest safe location for the required repair.
(c) If any tire is found to be overheated, the driver must immediately remove it from the vehicle and place it at a safe distance until the overheating cause is addressed.
(d) These rules do not excuse the driver from complying with § 397.5 and § 397.7.
- 397.19 Documentation and instructions.
(a) A motor carrier transporting Division 1.1, 1.2, or 1.3 (explosive) materials must provide the driver with the following documentation:
(1) A copy of the regulations in this section;
(2) [Reserved]
(3) Instructions detailing emergency procedures in case of accidents or delays, including contact information, material types, and emergency precautions.
(b) The driver must sign a receipt for the documentation provided. The motor carrier must retain this receipt for one year from the signature date.
(c) A driver of a vehicle transporting Division 1.1, 1.2, or 1.3 materials must carry and be familiar with:
(1) The documentation specified in this section;
(2) The documents listed in § 177.817 of this title;
(3) The written route plan required by § 397.67.
[59 FR 63925, Dec. 12, 1994, as amended at 63 FR 33280, June 18, 1998; 77 FR 59828, Oct. 1, 2012]
Subpart B [Reserved]
Subpart C—Routing of Non-Radioactive Hazardous Materials
Source:59 FR 51830, Oct. 12, 1994, unless otherwise noted.
- 397.61 Objective and coverage.
This section includes routing standards and procedures for States and Indian tribes that set or enforce routing rules for the transportation of non-radioactive hazardous materials (NRHM). It outlines the requirements for motor carriers transporting placarded or marked NRHM and establishes methods for resolving routing disputes.
- 397.63 Scope.
The provisions of this section apply to any State or Indian tribe that develops, maintains, or enforces routing rules for the transport of NRHM. These provisions also apply to motor carriers transporting or arranging transportation of placarded or marked NRHM.
- 397.65 Definitions
For purposes of this subpart, the following definitions apply:
- Administrator: The Federal Motor Carrier Safety Administrator, the chief executive of the Federal Motor Carrier Safety Administration (FMCSA), an agency within the U.S. Department of Transportation, or their designee.
- Commerce: Any trade, traffic, or transportation within the U.S. that:
- Occurs between a location under a State or Indian tribe’s jurisdiction and a place outside such jurisdiction; or
- Happens entirely within a jurisdiction but affects trade, traffic, or transportation as described in (1).
- FMCSA: The Federal Motor Carrier Safety Administration, an agency of the Department of Transportation.
- Hazardous Material: A substance or material, including hazardous substances, determined by the Secretary of Transportation to pose an unreasonable risk to health, safety, or property when transported in commerce, and which is so designated.
- Indian Tribe: As defined in Section 4 of the Indian Self-Determination and Education Act, 25 U.S.C. 450b.
- Motor Carrier: A for-hire motor carrier or a private motor carrier of property. This term also includes a motor carrier’s agents, officers, representatives, and employees responsible for driver-related tasks such as hiring, supervising, training, or dispatching.
- Motor Vehicle: A vehicle, machine, tractor, trailer, or semitrailer powered or drawn by mechanical means, used on highways for transporting passengers or property, or any combination thereof.
- NRHM: A non-radioactive hazardous material transported by motor vehicle in types and quantities requiring placarding, according to 49 CFR 172.504.
- Political Subdivision: A municipality, public agency, or other entity of one or more States, or a public corporation, board, or commission established by one or more States.
- Radioactive Material: As per 49 CFR 173.403, any material containing radionuclides where both activity concentration and total activity exceed specified values in 49 CFR 173.436 or other related guidelines.
- Routing Agency: The State highway agency or another designated State agency, or an agency appointed by an Indian tribe to oversee and approve NRHM routing designations within their jurisdiction.
- Routing Designations: Regulations or restrictions (e.g., curfews, lane restrictions, weight limits, or route bans) applied to the highway transportation of NRHM along specific routes.
- Secretary: The Secretary of Transportation.
- State: Any U.S. State, the District of Columbia, Puerto Rico, Northern Mariana Islands, Virgin Islands, American Samoa, or Guam.
[59 FR 51830, Oct. 12, 1994, as amended at 78 FR 58485, Sept. 24, 2013]
- 397.67 Motor Carrier Responsibility for Routing
(a) A motor carrier transporting NRHM must comply with the NRHM routing designations of a State or Indian tribe.
(b) A motor carrier transporting hazardous materials required to be placarded or marked under 49 CFR 177.823 but not subject to NRHM routing designations must avoid routes through heavily populated areas, tunnels, narrow streets, or alleys, unless:
- No other alternative exists;
- A reasonable deviation is necessary for access to terminals, loading points, or other essential services;
- Emergency conditions require deviation, such as detours or law enforcement instructions.
(c) Convenience is not an acceptable reason for deviations.
(d) Before operating a motor vehicle carrying explosives in certain hazardous classes, the carrier or agent must prepare a written route plan, providing it to the driver. However, the driver may prepare the plan at locations other than the carrier’s terminal.
[59 FR 51830, Oct. 12, 1994, as amended at 78 FR 58485, Sept. 24, 2013]
- 397.69 Highway Routing Designations; Preemption
(a) States or Indian tribes establishing or modifying NRHM routing designations on or after November 14, 1994, must comply with highway routing standards outlined in § 397.71. Highway routing designations by a political subdivision of a State are considered as those of the State itself.
(b) Any NRHM route designation established in violation of § 397.69(a) is preempted according to 49 U.S.C. 5125(c), except as stated in §§ 397.75 and 397.219.
(c) A routing designation from before November 14, 1994, is subject to preemption per § 397.203(a).
(d) States or tribes may request a waiver of preemption as outlined in § 397.213.
[59 FR 51830, Oct. 12, 1994, as amended at 78 FR 58485, Sept. 24, 2013; 79 FR 59457, Oct. 2, 2014]
- 397.71 Federal Standards
(a) States or Indian tribes must adhere to Federal standards when establishing or enforcing NRHM routing designations.
(b) Federal standards include:
- Enhancing Public Safety: The State or Indian tribe must demonstrate that the NRHM routing designation enhances public safety in affected areas, supported by a risk analysis and criteria from the DOT Guidelines.
- Public Participation: Prior to establishing an NRHM routing designation, the State or tribe must notify the public, provide a 30-day comment period, and possibly hold a public hearing. They must also provide access to transcripts of hearings.
- Consultation: The State or tribe must notify and consult with officials from affected areas and other relevant parties, keeping records of these consultations and resolving concerns.
- Through Routing: Routing designations must ensure uninterrupted transportation, avoiding delays. Risk analysis must show that the proposed route is safer than current routes, and deviations should be minimized.
- Agreement of Other States: Routing designations affecting other States or tribes must not unduly burden commerce and must be agreed upon by the affected areas.
- Timeliness: States or tribes must complete NRHM routing designations within 18 months of initiating the process.
- Reasonable Routes: Access to terminals, loading/unloading points, and services like food and fuel must be ensured using the shortest possible routes.
- Local Compliance: States must ensure political subdivisions comply with routing designations and resolve any disputes between subdivisions.
- 397.73 Public Information and Reporting Requirements
(a) Public Information: States and Indian tribes must provide information on NRHM routing designations to the public via maps, lists, road signs, or a combination. If road signs are used, they must comply with the Manual on Uniform Traffic Control Devices for Streets and Highways published by the Federal Highway Administration (FHWA). These signs should adhere to the specifications for Hazardous Cargo signs R14-2 and R14-3, as shown in Section 2B-62 of the Manual, available at http://mutcd.fhwa.dot.gov/.
(b) Reporting and Publishing Requirements:
(1) Each State or Indian tribe must submit information on NRHM routing designations in their jurisdiction to the FMCSA either by email to HMRouting@dot.gov or by mail to:
Federal Motor Carrier Safety Administration
Office of Enforcement and Compliance (MC-SE)
1200 New Jersey Ave. SE
Washington, DC 20590-0001.
(2) States and Indian tribes should also provide the name of the agency responsible for NRHM routing designations, with descriptions and establishment dates of these routes. Any changes or new designations must be submitted to FMCSA within 60 days.
(3) FMCSA will consolidate this data, make it available on its website FMCSA NRHM Route Registry, and publish it annually in the Federal Register. States and tribes may also publish this information in their official registers.
(c) Effectiveness of Designations: A State or tribal route is effective only after being published in the National Hazardous Materials Route Registry on the FMCSA website.
- 397.75 Dispute Resolution
(a) Petition: States or Indian tribes can petition the FMCSA Administrator to resolve disputes regarding proposed NRHM routing designations. The Administrator will prioritize safety while ensuring compliance with federal standards without unduly burdening commerce.
(b) Filing a Petition: Petitions must:
- Be submitted to the Administrator at the Federal Motor Carrier Safety Administration, 1200 New Jersey Ave., SE, Washington, DC 20590-0001, Attention: Office of the Chief Counsel (MC-CC).
- Identify the petitioner and any affected parties.
- Certify compliance with notification requirements, listing names and addresses of notified officials.
- Describe the dispute, including a complete routing description and a comparative risk analysis if alternate routes are proposed.
- Detail efforts made to resolve the dispute.
- Explain why Administrator intervention is necessary.
- Suggest actions the Administrator should take to resolve the dispute while ensuring safety and compliance with federal standards.
(c) Notice Requirements: Petitioners must mail a copy of their petition to affected States, political subdivisions, or tribes. The Administrator may also publish a notice in the Federal Register to allow for public comment.
(d) Court Actions: No court action may be initiated regarding the dispute until the Administrator issues a final decision or one year after receiving the petition.
(e) Hearings and Alternative Dispute Resolution: The Administrator may schedule a hearing to attempt resolution. If a settlement is reached, it may be included in the decision. If not, the Administrator will announce a final decision based on available information.
(f) Decision: The Administrator will issue a decision based on the petition, written comments, hearing records, and other relevant information. The decision will include the facts and legal basis for the ruling.
(g) Record: Copies of the decision will be served to the parties involved and placed on file in the public docket. The decision may be published in the Federal Register.
- 397.77 Judicial Review of Dispute Decision
Any State or Indian tribe adversely affected by the Administrator’s decision may seek judicial review in a U.S. district court by filing a petition within 90 days of the decision becoming final.
Subpart D—Routing of Class 7 (Radioactive) Materials
§ 397.101 Requirements for Motor Carriers and Drivers
(a) A motor carrier or any person operating a vehicle containing Class 7 (radioactive) materials, as defined in 49 CFR 172.403, that requires placarding under 49 CFR part 172, must, except where stated otherwise, ensure the vehicle is operated on routes minimizing radiological risk. The following considerations should be made:
- Minimize radiological risk: Ensure the vehicle operates on routes that reduce radiological hazards.
- Route selection factors: Consider information regarding accident rates, transit times, population density, time of day, and day of the week during transportation to assess radiological risk.
- Driver guidance: The carrier must inform the driver of the assigned route and confirm the vehicle’s cargo of Class 7 (radioactive) materials.
(b) For motor vehicles transporting a highway route-controlled quantity of Class 7 (radioactive) materials as defined in 49 CFR 173.403, the following rules apply:
- Preferred Routes: The vehicle must operate over a preferred route, unless an alternative route is required by circumstances. A preferred route may include:
- Interstate highways without alternative routes.
- State-designated routes approved under § 397.103.
- Preferred route deviations: If available, use bypasses or beltways instead of passing through cities unless an alternative route is designated by the State.
(c) A vehicle may use routes other than preferred routes only under the following conditions:
- Necessary deviations: Deviation is permitted for pick-up or delivery, fuel, rest, repair, or when emergency conditions render preferred routes unsafe or impossible.
- Shortest-distance deviation: Any deviation must follow the shortest distance to a preferred route entry or exit, with allowances for up to 25 extra miles or five times the shortest route distance if justified by minimizing radiological risk.
- Emergency conditions: In emergency situations, deviations should minimize radiological risk as feasible, even if immediate response times do not allow for all precautions.
(d) The carrier must create a written route plan for shipments involving highway route-controlled quantities of Class 7 (radioactive) materials, providing a copy to both the driver before departure and the shipper (within 15 working days for non-exclusive shipments). Any route changes must be reported to the shipper within 30 days and should include:
- Route plan details: Origin and destination points, selected route, planned stops, and estimated times.
- Emergency contacts: Emergency phone numbers for each state along the route.
(e) A driver transporting highway route-controlled quantities of Class 7 (radioactive) materials must meet specific requirements:
- Training: The driver must have received training within the past two years on:
- Regulatory requirements for transporting Class 7 materials.
- Properties and hazards of the materials.
- Emergency procedures.
- Training documentation: The driver must carry a certificate of training with their license information, training dates, provider’s details, and a statement confirming the driver’s readiness.
- Route plan possession: The driver must have the route plan on hand and follow the designated route.
(f) Special provisions apply to transporting irradiated reactor fuel, which must comply with a plan ensuring security of the materials, as defined in 49 CFR 173.22(c).
§ 397.103 Requirements for State Routing Designations
(a) State routing agencies must select routes minimizing radiological risk based on the “Guidelines for Selecting Preferred Highway Routes for Highway Route Controlled Quantity Shipments of Radioactive Materials” or equivalent analyses. These designations must follow consultations with affected local jurisdictions and other States.
(b) States may designate routes for radioactive material transport as alternatives or additions to Interstate System highways or their bypasses.
(c) A State-designated route is effective when:
- Written notice is provided to the Federal Motor Carrier Safety Administration (FMCSA).
- FMCSA acknowledges receipt of the notice.
- The route is published in the National Hazardous Materials Route Registry on the FMCSA website.
(d) Lists of state-designated routes and the selection guidelines are available upon request from FMCSA.
Subpart E—Preemption Procedures
§ 397.201 Purpose and Scope
(a) This section outlines the procedures for:
- Any affected party (e.g., State, political subdivision, or Indian tribe) to request a determination of whether a highway routing designation for hazardous materials is preempted under 49 U.S.C. 5125, or the relevant sections of this part.
- A State, political subdivision, or Indian tribe to apply for a waiver of preemption if a routing designation is found to be preempted.
(b) If a preemption determination request includes a waiver application, it will be processed solely as a request for preemption determination unless the Administrator directs otherwise.
(c) Key definitions for this part:
- Act: 49 U.S.C. 5101 et seq. (previously the Hazardous Materials Transportation Act).
- Administrator: The chief executive of FMCSA or their designate.
- Hazardous material: A substance or material that poses a risk to health, safety, or property when transported.
- Routing agency: The designated agency responsible for overseeing highway routing designations in a State or Indian tribe.
- Routing designation refers to any regulation, limitation, restriction, curfew, time-of-travel restriction, lane restriction, routing ban, port-of-entry designation, or route weight restriction that applies to the highway transportation of hazardous materials along a specific highway route or a portion of that route.
- State means any of the 50 States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, the Virgin Islands, American Samoa, Guam, or any other U.S. territory or possession designated by the Secretary.
- 397.203 Standards for Determining Preemption
(a) A highway routing designation established, maintained, or enforced by a State, political subdivision, or Indian tribe is preempted if:
(1) It is impossible to comply with both the highway routing designation and any requirements under the Act or its regulations;
(2) The enforcement of the highway routing designation hinders the execution of the Act or its regulations; or
(3) The highway routing designation is preempted under § 397.69(b) of this part.
(b) [Reserved]
[57 FR 44132, Sept. 24, 1992, as amended at 59 FR 51834, Oct. 12, 1994]
- 397.205 Preemption Application
(a) Any person, including a State, political subdivision, or Indian tribe affected by a highway routing designation from another jurisdiction, may apply to the Administrator for a determination of whether that designation is preempted by the Act or § 397.203 of this subpart. The Administrator will publish notice of the application in the Federal Register.
(b) Applications for preemption determinations must:
(1) Be submitted to the Administrator at the Federal Motor Carrier Safety Administration, 1200 New Jersey Ave., SE., Washington, DC 20590-0001, Attention: Office of the Chief Counsel, Enforcement and Litigation Division (MC-CCE);
(2) Provide a detailed description of the highway routing designation in question;
(3) Specify which provisions of the Act or regulations are being cited to seek preemption of the designation;
(4) Explain why the applicant believes the designation should or should not be preempted under § 397.203; and
(5) Describe how the applicant is affected by the highway routing designation.
(c) The submission of an application does not justify noncompliance with any provision of the Act or its regulations.
(d) Once the Administrator has published notice of the application in the Federal Register, the applicant cannot seek relief in court regarding the same issue until either final action has been taken or 180 days after filing, whichever occurs first. This does not prevent a person from seeking a preemption determination in court instead of applying to the Administrator.
[57 FR 44132, Sept. 24, 1992, as amended at 66 FR 49874, Oct. 1, 2001; 72 FR 55703, Oct. 1, 2007]
- 397.207 Preemption Notice
(a) If the applicant is not a State, political subdivision, or Indian tribe, they must send a copy of the application to the concerned State, political subdivision, or Indian tribe, along with a statement inviting comments to be submitted to the Administrator within 45 days. The application to the Administrator must certify that this notification has occurred and include the names and addresses of recipients.
(b) The Administrator may offer interested parties the opportunity to file written comments by serving notice to those directly affected or by publishing in the Federal Register.
(c) Those submitting written comments to the Administrator must send a copy to the applicant and certify compliance with this requirement. The Administrator may notify others participating in the process and allow responses to the comments.
- 397.209 Preemption Processing
(a) The Administrator may investigate any statements in the application and use any relevant facts gathered during the investigation. The Administrator may solicit submissions from third parties and allow the applicant to respond. If beneficial, the Administrator may hold a hearing or conference to advance the evaluation.
(b) The Administrator may dismiss an application if:
(1) Insufficient information is provided to make a determination; or
(2) The applicant fails to submit additional information upon request.
- 397.211 Preemption Determination
(a) After reviewing the application and relevant information, the Administrator will issue a determination.
(b) The Administrator may independently issue a preemption determination without a formal application under § 397.205.
(c) The determination will include a written statement of the relevant facts and legal rationale, with an option to file for reconsideration within 20 days as per § 397.223.
(d) The Administrator will serve a copy of the determination on the applicant and any other parties involved in the proceeding. It may also be published in the Federal Register.
(e) If no reconsideration request is filed within 20 days, the determination becomes final. The absence of a determination does not imply whether a highway routing designation is preempted under the Act.
- 397.213 Waiver of Preemption Application
(a) A State, political subdivision, or Indian tribe can request a waiver of preemption if they acknowledge that a highway routing designation is preempted by the Act or court ruling. A waiver may be granted if the requirement:
(1) Provides equal or greater public protection than the Act’s requirements;
(2) Does not unduly burden commerce.
(b) Applications for a waiver must:
(1) Be submitted to the Administrator at the address provided above;
(2) Describe the highway routing designation for which the waiver is sought;
(3) Include relevant court orders or determinations from § 397.211;
(4) Acknowledge that the designation is preempted by the Act unless determined otherwise by a court or in a formal ruling;
(5) Specify the provisions of the Act or regulations that preempt the designation;
(6) Explain why the designation offers at least equal public protection as the Act’s requirements;
(7) Justify why it does not unreasonably burden commerce;
(8) Detail steps being taken to administer and enforce the preempted requirement.
[57 FR 44132, Sept. 24, 1992, as amended at 66 FR 49874, Oct. 1, 2001; 72 FR 55703, Oct. 1, 2007; 78 FR 58486, Sept. 24, 2013]
- 397.215 Waiver Notice
(a) The applicant must send a copy of the application to any person affected by the determination, along with a statement offering 45 days to submit comments. The application must certify compliance and provide the names and addresses of recipients.
(b) If it is impractical to notify all affected persons, the applicant must notify as many as possible and describe the group or individuals not notified.
(c) The Administrator may require additional notice or may determine that publishing notice in the Federal Register is necessary.
(d) The Administrator may serve notice on other affected persons and invite written comments.
(e) Persons submitting comments must send a copy to the applicant and certify compliance. The Administrator may notify other participants and provide an opportunity to respond.
[57 FR 44132, Sept. 24, 1992, as amended at 80 FR 59075, Oct. 1, 2015]
- 397.217 Waiver Processing
(a) The Administrator may investigate statements in an application and gather relevant facts. Third-party submissions may be solicited, and the applicant will have a chance to respond. If needed, the Administrator may convene a hearing to further assess the application.
(b) The Administrator may dismiss the application if:
(1) There is insufficient information for a determination;
(2) The applicant does not provide additional information when requested; or
(3) The required notice is not provided.
(c) The Administrator will only process a waiver request if:
(1) The applicant acknowledges that the designation is preempted by the Act or regulations;
(2) A court or prior determination has declared the designation preempted.
(d) When the Administrator has sufficient information, notice will be sent to the applicant, and additional notice may be published in the Federal Register.
- 397.219 Waiver Determination and Order
(a) After considering the application and relevant information, the Administrator will issue a decision.
(b) A waiver may only be granted if the State, political subdivision, or Indian tribe’s requirement offers a public safety level equal to or greater than the Act’s requirements and does not unduly burden commerce. Factors considered include:
(1) Increased costs and efficiency impairment caused by the designation;
(2) Whether the designation limits commercial activity or efficiency.
- 397.221 Timeliness
If the Administrator does not act on the application within 90 days from the date of serving the notice required under § 397.217(d), the applicant may consider the application denied in all respects.
- 397.223 Petition for Reconsideration
(a) A person aggrieved by an order issued under § 397.211 or § 397.219 may file a petition for reconsideration with the Administrator. This petition must be submitted within 20 days after receiving the order or determination.
(b) The petition must include a clear statement outlining the reasons for reconsideration, specifying any factual or legal errors, or new material information not previously available.
(c) The petitioner must send a copy of the petition to each person involved in the waiver of preemption process, whether as an applicant or a routing participant. A statement must accompany the petition informing recipients that they may submit comments to the Administrator within 20 days. The petition must also include a certification confirming that this requirement has been met, listing the names and addresses of all recipients.
(d) The Administrator’s decision on the petition is final. If no petition for reconsideration is filed, the decision issued under § 397.211 or § 397.219 will become final after 20 days.
- 397.225 Judicial Review
A party involved in a proceeding under § 397.205(a), § 397.213(a), or § 397.223(a) may seek judicial review of the Administrator’s decision by filing a petition with the appropriate U.S. district court within 60 days following the final agency decision.