Many things have changed in the motor carrier industry since 1939 when the original hours-of-service (HOS) regulations were prescribed for truck drivers. Our roads are better designed, constructed, and maintained in a nationwide network to provide greater mobility, accessibility, and safety for all highway users. Vehicles have been dramatically improved in terms of design, construction, safety, comfort, efficiency, emissions, technology, and ergonomics. These factors, combined with years of driver fatigue and sleep disorder research, have led to a revision of the HOS regulations for drivers, the most important component of trucks operating on the highways.
These regulations only apply to property carriers and drivers. Passenger carriers and drivers will continue operating under the existing rules while fatigue issues specifi c to the passenger carrier industry are assessed.
Sleeper Berth Exception: Drivers may split on-duty time by using sleeper berth periods, but must comply with the new hours-of-service rules. These drivers may accumulate the equivalent of 10 consecutive hours off-duty by taking a combination of at least 10 consecutive hours off-duty and sleeper berth time; or by taking 2 periods of rest in the sleeper berth, provided:
Industry Exceptions: Oil field operations, ground water well drilling operations, construction materials and equipment operations, and utility service vehicle operations must comply with the new 11-hour driving, 10 consecutive hours off-duty, and 14-hours on-duty requirements of the new rule. However, the 24-hour restart provisions applicable to these operations remains in effect.
Agricultural Exemption: Agricultural operations retain their current statutory exemption from driving time requirements for transportation occurring within a 100 air-mile radius of a farm or distribution point during planting or harvesting season within each State, as determined by the State.
Unfortunately, truck wrecks are becoming too common on our roads which in turn forces the public to become more educated about the laws and regulations pertaining to tractor-trailers engaged in truck wrecks which truck wreck lawyers must utilize in order to help their client.
The Federal Motor Carrier Safety Regulations (Title 49, Parts 350-399) govern all vehicles engaged in interstate traffic, and are of particular use to you if you have been injured in a truck wreck and are looking for a truck wreck lawyer.
This is a quick reference guide in the even you have been injured in a truck wreck and are seeking a truck wreck attorney. If you wish to read one of the regulations in greater detail, you may click on the appropriate link following the abridged version of the regulation.
FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION, DEPARTMENT OF TRANSPORTATION – TITLE 49–TRANSPORTATION
The primary motivation of this part is to ensure that the Federal Motor Carrier Safety Administration (FMCSA), individual states, and other political jurisdictions unify to develop and implement programs that will ultimately improve motor carrier, CMV, and driver safety and establish a safer and more efficient transportation system.
The function of 49 CFR 382 is to establish programs within trucking companies designed to prevent accidents and injuries resulting from impairment due to the use of alcohol or drugs by drivers of commercial motor vehicles. This part applies to all who drive a commercial motor vehicle in the United States and their employers including any employer who employs himself as a driver. There are a few exceptions, however. For example, some states have to waive from the requirements of part 382 for certain individuals including active duty personnel, members of the reserves, and members of the national guard on active duty. This part is subject to the CDL requirements of part 383, the federal requirements in Mexico and Canada .
49 CFR 382 also states that all employers of commercial motor vehicle drivers have to be certain that all alcohol or drug testing complies with the procedures indicated in part 40 of this title.
Drivers required to have a commercial driver’s license under part 383 must be tested if they drive a vehicle:
49 CFR §382.107: DEFINITIONS
One notable part of 49 CFR §382.107 is the definition of safety-sensitive functions. A safety-sensitive function is being performed when:
The regulations in this part specify that alcohol or drugs must not be used while performing safety-sensitive functions. Alcohol must not be consumed within 4 hours of performing a safety-sensitive function.
49 CFR §382.201-382.211: PROHIBITED CONDUCT
A driver will no longer be allowed to operate a commercial motor vehicle if he engages in prohibited conduct. Prohibited conduct includes:
Although background checks involving a driver’s history of drug and alcohol use can only be obtained with the signature of the driver, any employer can make signing that authorization a condition of employment.
49 CFR §382.301-382.309: WHEN DRIVERS MUST BE TESTED
If a driver refuses to take a required drug or alcohol test he will be disciplined as if he tested positive. Commercial drivers must be tested before they are employed, although there are a few exceptions to this. Drivers may also be tested at random, as all employers are required to have a random selection program to test drivers for signs of drug and alcohol use. After an accident that produces a fatality, a driver is the recipient of a moving violation in a DOT-recordable accident, or there is reasonable suspicion to believe a driver may be under the influence of drugs or alcohol, testing may be required. An accident is DOT-recordable if an injured person requires immediate medical treatment away from the scene or if any vehicles involved have to be towed. If it is confirmed that a driver has a blood alcohol concentration of 0.04 or greater he must be evaluated by a substance abuse professional and take another test with a result below .02 in order to return to work, and could be subject to follow-up testing for up to five years. If a test is required but for some reason not administered, the employer has to make a record of why the test was not properly administered.
49 CFR 382.413: PREVIOUS TEST RECORDS
As a condition of employment, a driver is required to provide any new company he works for with a written authorization for all employers within the previous two years to release all drug and alcohol testing records. Within 14 days of performing a safety-sensitive function, DOT regulations require that the driver’s company obtain drug and alcohol testing records from the driver’s previous employers for up to two years in order to verify that no prior employer of the driver holds records indicating a violation of any DOT rule pertaining to drug or alcohol use.
If a driver tests positive for being under the influence of drugs or alcohol he has the option of requesting a medical review officer to have half of the sample tested by a different certified lab than the one that tested the primary specimen. This is typically done within 72 hours of a driver being notified of a positive test result.
The function 49 CFR 383 is to reduce or prevent truck and bus accidents the resulting injuries and deaths by requiring drivers of certain vehicles to obtain a single commercial motor vehicle driver’s license and by disqualifying drivers who operate commercial motor vehicles in an unsafe manner.
With a few exceptions, drivers must have a CDL if they:
49 CFR §383.21: LICENSE REQUIREMENT
The driver of any commercial motor vehicle can only have one license issued by the state where he lives-a CDL (commercial driver’s license).
49 CFR §383.31-§383.33: NOTIFICATION OF CONVICTIONS FOR DRIVER VIOLATIONS
If a driver is convicted of any motor vehicle violation besides a parking violation he must inform both his employer and the state that issued his CDL in writing within 30 days of the conviction. He must also inform his employer in writing of a suspended or revoked license before the end of the first business day post-conviction.
49 CFR §383.35: NOTIFICATION OF PREVIOUS EMPLOYMENT
During the application process for any employment involving the use of a CDL the potential driver is required to produce his employment history for the prior 10 years he operated a commercial vehicle.
49 CFR §383.71: LICENSING PROCEDURES
If a CDL is to be issued to an individual he must pass a knowledge and driving skills test in a motor vehicle comparable to the type of vehicle he will be driving. He must also certify that he has no suspensions, disqualifications, or licenses from other states.
49 CFR §383.91: VEHICLE GROUPS AND ENDORSEMENTS
The various types of commercial motor vehicles are divided into three groups: combination vehicles, heavy straight vehicles, and small vehicles. Combination vehicles have a combined weight of more than 26,000 pounds if the weight of the vehicle being towed is more than 10,000 pounds. Heavy straight vehicles include any single vehicle weighing more than 26,000 pounds or a vehicle weighing 26,001 pounds towing a vehicle weighing 10,000 pounds or less. Small vehicles are any single vehicle or combination of vehicles that do not fall into the other groups but are used to either transport a placarded amount of material or transport 16 or more passengers including the driver.
There are some endorsements that are required on a license. Each endorsement requires both a knowledge and behind-the-wheel test if, for example, a driver will be driving a vehicle equipped with air brakes.
49 CFR §383.110: REQUIRED KNOWLEDGE AND SKILLS
All drivers must be well-versed in the various procedures that ensure safe vehicle operation and be informed of the ill effects of being fatigued while driving, having poor vision, using alcohol and drugs, and improperly using the lights, horn, mirrors, and other emergency equipment. Drivers must have knowledge of all driver-related elements of the regulations contained in parts 391, 392, 393, 395, 396 and 397.
Drivers must also have a basic grasp of all factors involved in actually driving the vehicle-shifting, backing, space management, etc.-and are required to demonstrate both driving and inspection skills for whatever type of vehicle they intend to operate.
49 CFR §383.131: TEST PROCEDURES
All tests within the state must be standardized, and those administering the tests must first be trained to do so. States must have available manuals lending information including the procedures, requirements, and skills needed to obtain and CDL, and information on the actual test.
Compliance with the following regulations is required if a driver operates a tractor-trailer or other commercial motor vehicle that weighs more than 10,000 pounds, carries 16 or more passengers, or transports an amount of hazardous materials that requires the vehicle to be placarded.
In 49 CFR 391 the minimum qualifications for drivers of commercial motor vehicles are established. The minimum duties of motor carriers with respect to the qualifications of their drivers are also established.
Truck drivers for commercial motor carriers must be 21 years old, speak English, be physically able to safely operate a truck, have a valid CDL, and must not have ever been disqualified for driving while intoxicated, driving under the influence of drugs, committing a felony, leaving the scene of an accident, refusing to take an alcohol test, or any other reason. The driver and the truck company must keep records of the driver’s violations. The truck driver must also have a physical exam every 2 years and should not have diabetes requiring insulin, high blood pressure, poor vision, poor hearing, current diagnosis of being an alcoholic, or use dangerous substances including some over-the-counter and prescription medication. The specifics of when a person’s medical condition prohibit him from driving are complicated and dependant upon a doctor’s examination.
49 CFR §391.15: DISQUALIFICATION OF DRIVERS
A driver can be disqualified from driving a commercial motor vehicle if he drives with a blood alcohol concentration of 0.04 or more, drives under the influence of drugs, commits a felony involving a commercial motor vehicle, leaves the scene of an accident while driving a commercial motor vehicle, transports, possesses, or unlawfully uses drugs, refuses to undergo alcohol testing, or fails to notify his employer of a suspended, revoked, or withdrawn permit or privilege to operate a commercial motor vehicle before the end of the business day post-revocation.
49 CFR §391.21: APPLICATION FOR EMPLOYMENT
When an individual applies for a job involving the operation of a commercial motor vehicle, the application must contain the following information:
49 CFR §391.23: INVESTIGATION AND INQUIRIES
Every year employers are required to review a driver’s driving record to determine whether or not the driver meets the minimum requirements for safe driving. The employers must consider all violations, including but not limited to reckless driving, operating under the influence of drugs or alcohol, and showing a blatant disregard for public safety.
Employers are required to check a driver’s record for the past three years and the responses of each state agency. The employer must also check and record in writing the driver’s previous employment record for the last 3 years.
49 CFR §391.27: RECORD OF VIOLATIONS
Every 12 months a driver must fill out a form listing any violations of which he has been convicted. Even if no violations have occurred, the driver still must complete the form and indicate as much. A driver must inform his employer within 30 days of any violation or conviction.
49 CFR §391.31: ROAD TEST
All drivers must pass a road test while driving the same type of motor vehicle they will be driving under their employment. The road test must include a pre-trip inspection, coupling and uncoupling (if applicable), driving the vehicle using the controls and emergency equipment, passing other vehicles, turning, braking, and slowing by means other than braking, backing, and parking.
It is acceptable for an employer to require a road test even if the driver produces a valid driver’s license or certificate issued by another carrier within the last three years. However, this doesn’t apply if the driver will be operating a commercial vehicle that requires a doubles/triples endorsement or a cargo tanker.
49 CFR §391.41: PHYSICAL QUALIFICATION AND EXAMINATIONS
In order to drive a commercial motor vehicle a driver must have a physical exam every 24 months and carry a card documenting the exam at all times. If a driver has lost a limb or digit and its absence interferes with his ability to drive, has diabetes controlled by insulin, has heart disease, breathing problems, high blood pressure or any sickness which might interfere with driving, has mental problems, poor vision, poor hearing, a drug problem or a current clinical diagnosis of alcoholism he is prohibited from driving a commercial motor vehicle.
49 CFR §391.51: DRIVER QUALIFICATION FILES
An employer must keep a driver’s qualification files throughout the entirety of the driver’s employment and an extra 3 years. This is with the exception of materials that need to be reviewed and updated. There are limited exemptions for drivers who were regularly employed before January 1, 1971 under 391.61.
49 CFR §391.63: INTERMITTENT, CASUAL, OR OCCASIONAL DRIVERS
If a driver is used by multiple carriers in a period of 7 consecutive days he is referred to as an intermittent, casual, or occasional driver. Such a driver’s must keep his medical certificate, road test, driver’s name and social security number and identification number in his driver qualification file. This information must be kept by the motor carrier for 3 years after the end of the driver’s employment.
A driver regularly employed by one motor carrier may be used by another carrier without following the driver qualification file requirements if he has a signed and dated certificate that displays his name and signature and indicates regular employment and driver qualification. It must also have the expiration date of both his medical exam and the certificate itself on it, and the driver must assume responsibility for the accuracy of the certificate. There are a few exceptions under §393.67 for drivers who operate farm equipment.
In order to operate a tractor-trailer, straight truck, tanker, and other commercial motor vehicles involved in interstate travel, the truck driver, his company, and all others responsible for the management, maintenance, operation, or driving of commercial motor vehicles or the hiring, supervision, training, assigning or dispatching of drivers must follow federal regulations. A driver must not drive while ill or fatigued. The driver may not use drugs illegally, but may take medication under the advice of a doctor if it doesn’t affect his ability to drive. Drivers must obey the speed limit, load cargo safely and perform periodic inspections, must drive with extreme caution in hazardous situations, use seat belts, and warn the public when a truck is stopped on the shoulder of the road. Drivers must also be able to stop before reaching a railroad track, and must stop when carrying a trailer or hazardous materials. Drivers must not shift when crossing tracks.
49 CFR §392.3: ILL OR FATIGUED OPERATOR
If a driver is ill or fatigued to a degree that it may cause him to be a danger to others on the road he must not drive. If the driver is already on the road when he realizes this he may continue to drive to the nearest safe place.
49 CFR §392.4: DRUGS AND OTHER SUBSTANCES
A driver may take prescribed medication if it doesn’t have side effects that might result in unsafe driving, but may not take any drugs that might render him unable to safely operate a commercial motor vehicle.
49 CFR §392.5: ALCOHOL PROHIBITION
Drivers are prohibited from drinking, possessing, or being under the influence of alcohol while on duty, and are prohibited from drinking or being under the influence of alcohol within 4 hours of going on duty. In the event that a driver has used alcohol within 4 hours of going on duty, his employer must neither require nor permit him to drive, and the driver must immediately be placed out-of-service for 24 hours. Also, the driver must report the incident to the state where he holds a driver’s license within 30 days.
49 CFR §392.6: SCHEDULES TO CONFORM WITH SPEED LIMITS
Drivers may not speed in order to keep a schedule.
49 CFR §392.7-§392.8: EQUIPMENT, INSPECTION, AND — USE
Before operating a vehicle, drivers are responsible for ensuring that all brakes, the steering mechanism, the lights and reflectors, tires, horn, windshield wipers, mirrors, coupling devices, and all emergency equipment are in good working order.
49 CFR §392.9: SAFE LOADING
At the beginning of a trip, after the initial 25 miles traveled, and, depending on which comes first, every 3 hours or 150 miles of each change of duty status cargo must be inspected to make sure it is properly distributed and secured.
Bus drivers need to be sure all passengers are behind the standee line, and that baggage is stored and secured in a safe manner that prevents any restriction of movement by both the driver and passengers.
The rules in this section don’t apply if the cargo is sealed, impractical to inspect, or if the driver was ordered not to inspect it.
49 CFR §392.9b: HEARING AID TO BE WORN
Drivers requiring a hearing aid to pass a physical must wear it at all times while driving and carry a spare battery with them.
49 CFR §392.10-§392.11: DRIVING OF VEHICLES
When approaching railroad crossings, all commercial motor vehicles must slow down enough so that if they had to they could stop before reaching the first rail. Certain railroad crossings are exempt.
Commercial motor vehicles carrying hazardous materials or with tank trailers must come to a full stop before the tracks at railroad crossings, and may not shift while driving over tracks.
49 CFR §392.14: HAZARDOUS CONDITIONS; EXTREME CAUTION
When operating in hazardous conditions like snow, fog, sleet, mist, rain, dust, or smoke drivers are to use extreme caution, and drive to the nearest safe place and only resume driving when the hazardous conditions clear.
49 CFR §392.16: — USE OF SEAT BELTS
If the vehicle is equipped with seat belts, drivers are required to wear them.
49 CFR §392.22: STOPPED VEHICLES
Hazard warning lights must be on and warning devices placed in the appropriate locations within 10 minutes if a commercial motor vehicle is stopped on any part of the highway. A warning device should be placed on the traffic side about 10 feet from the vehicle in the direction of approaching traffic; another should be placed about 100 feet from the vehicle in the direction of approaching traffic in the center of the traffic lane or shoulder where the vehicle is stopped, and another should be placed beside the one about 100 feet from the vehicle, but in the direction facing away from approaching traffic. If the vehicle is stopped within 500 feet of a curve, hill, or anything else that might obstruct a driver’s view, a warning device should also be placed in the direction of the obstruction about 100-500 feet from the vehicle. In the event that the vehicle is stopped on the travel portion of the shoulder of a divided or one way highway, one warning device should be placed at a distance of 200 feet and another at a distance of 100 feet in the direction toward approaching traffic in the center of the lane or shoulder occupied by the vehicle. An additional warning device should be placed within 10 feet of the rear of the vehicle on the traffic side.
49 CFR §392.33: OBSCURED LAMPS OR REFLECTORS
No lamps or reflectors should be covered by any part of the load, and all should be clean.
49 CFR §392.50: FUELING PRECAUTIONS
When fueling, drivers must turn off the engine and must not smoke. They are forbidden from carrying extra fuel in gas cans. Buses can’t put fuel in their vehicle in a closed building or with passengers aboard.
49 CFR §392.60-§392.71: PROHIITED PRACTICES
Commercial motor vehicle drivers are restricted from using radar detectors or open flames for any reason while in motion. Drivers cannot drive if they’ve been affected by carbon monoxide poisoning, and they cannot transport anyone apart from fellow employees, accident victims, or livestock attendants without the written permission of their employer. Drivers also cannot allow anyone else to ride in their trailer unless there is an accessible exit from the inside.
The primary concern of this section of the federal regulations is to ensure that no employer or employee of a commercial motor vehicle company drives a vehicle or causes or permits one to be driven unless the motor vehicle is in accordance with the with the requirements and specifications of this part. According to 49 CFR 393.3, additional equipment and accessories may be used as long as they don’t decrease the safety and operation of the vehicles on which they are used.
49 CFR §393.11: LIGHTING DEVICES AND REFLECTORS
49 CFR §393.40: BRAKES
Trucks, buses, tractor-trailers, and combination vehicles must have a service break system that applies and releases the brakes when the brake pedal is used during normal driving; a parking brake system that applies and releases the parking brakes when the parking brake control is used, and an emergency brake system that uses parts of the service and parking brake systems to stop the vehicle if there is a brake system failure. Refer to 49 CFR 393.41-393.52 for parts and specific application of brake systems.
49 CFR §393.52: BRAKE PERFORMANCE
Refer to 49 CFR 393.52 for testing criteria.
49 CFR §393.75: TIRES
Any commercial motor vehicle wearing a tire that has exposed material through the tread or sidewall, has tread or sidewall separation, is flat or has an audible leak, or has less than 2/32 tread depth (except for front tires which must have 4/32 tread depth) must not be driven. Buses must not be driven if their front tires have been regrooved, recapped, or retreaded.
49 CFR §393.95: EMERGENCY EQUIPMENT
All buses, trucks, tractor-trailers, and combination vehicles must carry a fire extinguisher, at least one spare fuse for each kind unless they are the reset type, and either three liquid-burning emergency flares, three emergency reflectors, or three emergency triangles. However, any commercial motor vehicle used for the transportation of flammable liquids, compressed gas, or Class A or B explosives isn’t allowed to carry flame producing devices even if the trailer is empty.
49 CFR §393.100: PROTECTION AGAINST SHIFTING OR FALLING CARGO
When transporting cargo, all trucks, tractors, tractor-trailers, combination vehicles, full trailers and pole trailers must be loaded and equipped to prevent it from shifting or falling.
49 CFR §393.102: SECUREMENT SYSTEMS
This part of the federal regulations requires various securement systems to meet particular standards of strength. For example, tiedown assemblies must have the total static breaking strength of the tiedown assemblies used to secure any article against movement in any direction and must be at least ½ times the weight of the article. For load binders and hardware, the strength and hardware must be equal to or greater than the minimum specified for the tiedown assembly. A hook, bolt, weld, or other tiedown assembly of the vehicle and the mounting place and the means of mounting the connector must be at least as strong as the tiedown assembly when that connector is loaded in any direction where the tiedown assembly may load it. The anchorages of winches or other fasteners mounted to a vehicle must have a combined tensile strength equal to or greater than the strength of the tiedown assembly. It is imperative that all of these devices are designed, constructed and maintained so that the driver is able to tighten them in transit.
49 CFR §393.104: BLOCKING AND BRACING
All cargo must be protected from both lateral and longitudinal movement. It must either be securely blocked or braced against the sides, sideboards, or stakes of the vehicle if it is not already secured by devices that meet the requirements in 49 CFR §393.100 to protect it from lateral movement; for protection against longitudinal movement, cargo must be secured so that when the vehicle decelerates at the rate of 20 feet per second the cargo will remain on the vehicle and will not penetrate the vehicle’s front-end structure.
49 CFR §393.106: FRONT-END STRUCTURE
With the exception of a few vehicles manufactured before the January of 1974, all commercial motor vehicles carrying cargo must have a headboard to prevent load shifting, penetration, or the crushing of the driver’s compartment.
49 CFR §393.201: FRAMES
The frames on buses, trucks, and tractor-trailers cannot be cracked, loose, sagging, broken, or have loose, broken, or missing bolts or brackets securing the cab or body of the vehicle to the frame. They cannot have frame rail flanges between the axles that are bent, cut or notched, or holes drilled in the top or bottom rail flanges (except as specified by the manufacturer.)
49 CFR §393.203
The doors on all commercial motor vehicles must not be missing, broken, or sag to a degree that they cannot be opened or closed properly. Bolts and brackets securing the cab shouldn’t be loose, broken or missing, and the hood and seats should all be secured. The front bumper should not be loose or protruding.
49 CFR §393.205: WHEELS
The wheels on all commercial motor vehicles including the axles, leaf springs, coil springs and torsion bars must not be cracked, broken, loose, or out of position. The air suspension must be level with minimal leakage.
49 CFR §393.209: STEERING WHEEL SYSTEMS
The steering on all commercial motor vehicles must be secured and without cracked or missing spokes, and the steering column itself must be securely fastened. The steering gear box shouldn’t have any cracks or loose or missing mounting bolts. The pitman arm on the steering gear output must not be loose, and the steering wheel should turn freely through the limit of travel in both directions. The power steering must be in operational condition without loose or broken parts-belts shouldn’t be frayed, cracks, or slipping and the system should have enough fluid and shouldn’t leak.
The regulations in this part apply to all drivers of commercial motor vehicles and motor carriers. However, there are a few notable exceptions stated under 49 CFR 395.1 including drivers operating vehicles that carry more than 15 people, weigh more than 10,000 pounds, or transport an amount of hazardous material that requires placards.
From the time a driver begins to work extending until the driver is relieved from all responsibility for being involved with the work is known as “on-duty” time. On-duty time includes:
49 CFR §395.1: ADVERSE DRIVING CONDITIONS
If a driver on a run is confronted by hazardous weather conditions such as rain, snow, fog, or any one of other unusual road and traffic conditions the driver can drive up to 2 hours longer than the regulations allow only if he normally could have completed the run in no longer than 10 hours of driving, and provided that dispatch was unaware of the adverse driving conditions at the time of dispatch. However, drivers are prohibited from driving more than 12 hours after 8 consecutive hours off, or if the driver has been on duty for 15 hours following 8 consecutive hours off. If emergency condition occurs, a driver is allowed to finish his run without being in violation of this regulation if the run could have been completed in a reasonable amount of time sans the emergency condition.
100 air-mile radius drivers are not required to fill out a log if they drive within a 100 air-mile radius of the place where they report to work, return to the place they reported for work within 12 consecutive hours, have had 8 consecutive hours off duty in between each 12 hours on duty, if they don’t drive more than 10 hours following 8 hours off duty, and if their employer keeps time records for 6 months showing the time the driver reports for duty and the time he is released, the total of hours on duty from day to day, and the total time on duty for the past 7 days if the driver is used for the first time or intermittently. There are a few special provisions under these rules for the deliveries of driver-salespeople, oil field operations and retail stores.
Drivers may use their sleeper berths to accumulate the required 8 consecutive hours off-duty time, and may use two separate time periods that total 8 hours. Neither period may be less than 2 hours.
Under §395.1 there are special duty status provisions for drivers from Alaska and Hawaii, drivers of agricultural operations, ground water well drilling operations, drivers who transport constructions materials and equipment, and utility service vehicles.
49 CFR §395.3: MAXIMUM DRIVING TIME
A driver is forbidden to drive more than 10 hours following 8 straight hours off duty or for any period after having been on duty 15 hours following 8 consecutive hours off duty. A motor carrier cannot require or even permit a driver, regardless of the number of motor carriers using the driver’s services, to drive for any period after having been on duty 60 hours in any 7 consecutive days if the employing motor carrier doesn’t operate during the week. A driver is also prohibited from driving if he has been on duty 70 hours in any period of 8 consecutive days if the employing motor carrier operates motor vehicles every day of the week.
49 CFR §395.8: DRIVER’S RECORD OF DUTY STATUS
This segment of the federal regulations states that a driver must either submit or forward by mail the original driver’s record of duty status to the regular employing motor carrier within 13 days following the completion of the form, and must retain a copy of each record of duty status for the previous 7 consecutive days and keep them available in his possession for inspection while on duty.
49 CFR §395.8: RETENTION OF DRIVER’S RECORD OF DUTY STATUS
Each motor carrier is required to maintain their records of duty status and all supporting documents for 6 months.
49 CFR §395.13: DRIVERS DECLARED OUT OF SERVICE
A driver will be considered “out of service” if he has neglected to keep up his duty status. An “out of service” driver is prohibited from operating a commercial motor vehicle until he has had 8 consecutive hours off duty. A copy documenting this must be sent to the employer within 15 days.
49 CFR 395.15: AUTOMATIC ON-BOARD RECORDING DEVICES
A driver must have records of duty status for the previous seven days at all times. This part of the federal regulations indicates that it is permissible for drivers of commercial motor vehicles to use on-board recording devices in place of a log book, but the information must be retrievable and instructions on the recording system must be kept inside of the vehicle. In the event that the recording device isn’t working for some reason the record of duty status for the current day and any of the past 7 days that the driver is missing records for must be handwritten until the recording device is once again in working order.
The driver of a commercial motor vehicle that carries more than 15 people, weighs over 10,000 pounds, or transports enough hazardous materials to require a placard, as well as all motor carriers, their officers, agents, representatives, and employees directly concerned with the inspection or maintenance of the motor vehicles are required to follow this part of the federal regulations.
49 CFR §396.7: UNSAFE OPERATIONS FORBIDDEN
If a motor vehicle is in poor condition and likely to breakdown or cause an accident, a driver is forbidden to operate it.
49 CFR §396.9: INSPECTIONS OF MOTOR VEHICLES IN OPERATION
If a vehicle has been placed out of service a driver must not drive it until all of the needed repairs are completed.
49 CFR §396.11: DRIVER VEHICLE INSPECTIONS REPORT
All drivers of commercial motor vehicles must inspect their vehicle at the beginning and end of each day, and report any defects. The next driver of the vehicle is required to review the prior driver’s post-trip inspection report, and if the report shows anything likely to affect the safety of the vehicle, the driver must sign the report indicating that the employer certified the problems were fixed. If the employer has not certified this, the driver must not sign the report. At the end of each day of work when drivers complete and sign a written vehicle inspection report on each vehicle they operated on that particular day they must be sure to document their inspection of all brakes, the steering mechanism, all lighting devices and reflectors, tires, the horn, the windshield wipers, rear vision mirrors, coupling devices, wheels and rims, and all emergency equipment.
49 CFR §396.13: DRIVER INSPECTION
When the driver inspects his motor vehicle he must carefully review the last driver’s vehicle inspection report. If any defects on the vehicle were observed, the driver must sign the report only if the problems were corrected. A driver must always be completely confident that the motor vehicle he has inspected is in safe operating condition.
This part of the federal regulations applies to all drivers of commercial motor vehicles transporting hazardous materials that must be marked or placarded in accordance with §177.823 of this title, to all motor carriers who are involved with the transportation of hazardous materials, and to each employee of the motor carrier who performs supervisory duties related to the transportation of hazardous materials. All concerned must know and obey these regulations. If the hazardous materials must be marked or placarded, the driver of these materials must follow the regulations found in parts 390-397.
49 CFR §397.5: ATTENDANCE AND SURVEILLANCE OF MOTOR VEHICLES
If the driver of a commercial motor vehicle is hauling explosives he cannot leave his vehicle unattended unless it is parked on either company property, the shipper or receiver’s property, a safe haven*, or, if the truck is loaded with less than 50 pounds of explosives, it can remain on a survey or construction site. A driver must be certain that the recipient of the explosives knows what they are and what to do in the event of an emergency. If the truck is left unattended, it must always remain in clear view of the driver. A vehicle that carries hazardous materials apart from Class A or B explosives and is located on a public street or highway must always be attended by the driver unless the driver is forced to leave the vehicle in order to perform duties necessary to resume driving.
*a safe haven is anywhere approved by local, state, or U.S. Government officials where commercial motor vehicles can be parked and left unattended.
49 CFR §397.7: PARKING
Drivers carrying explosives cannot park on or within 5 feet of any roadway, on private property without permission, within 300 feet of a bridge, tunnel, house, or any place where people congregate unless it is impossible to park the vehicle elsewhere. If the driver is carrying any kind of hazardous material he must stop at least 5 feet from the traveled part of the highway except for short periods when the vehicle must be parked and it is impossible to park anywhere else.
49 CFR §397.11: FIRES
When transporting hazardous materials, a driver must not park within 300 feet of a fire or drive anywhere near an open fire unless precautions are taken to ensure a safe passage.
49 CFR §397.13: SMOKING
No one is allowed to smoke within 25 feet of a motor vehicle containing explosives, oxidizing or flammable materials, or an empty trailer that has transported placarded flammable liquids in the past.
49 CFR §397.15: FUELING
The engine of a commercial motor vehicle must be turned off and someone must always be in attendance when the vehicle is being refueled.
49 CFR §397.17: TIRES
All tires must be inspected at the beginning of a trip, whenever the vehicle is parked, and either every two hours or 100 miles, whichever comes first. Overheated tires must be removed and taken away from the vehicle to cool, and the driver must not drive the vehicle again until the cause of the overheating is discovered and corrected.
49 CFR §397.19: INSTRUCTIONS AND DOCUMENTS
Any driver carrying Class A or Class B explosives needs to know what type of explosives he is transporting, and also what emergency steps would need to be taken if an emergency such as a fire, accident or leak were to occur. The driver is required to carry a copy of the rules in part 397 of the federal regulations along with a document instructing him on what to do in the event of an accident or delay.
49 CFR §397.67: ROUTING OF NON-RADIOACTIVE HAZARDOUS MATERIALS
A driver must plan all routes carefully and avoid heavily populated areas like places where crowds gather, tunnels, or alleys when transporting non-radioactive hazardous materials. A driver transporting Class 1, Division 1.1, 1.2, and 1.3 explosives must have a written route plan before leaving the terminal, but if the trip doesn’t begin at the terminal the driver can produce a handwritten route plan.