cfr_sections
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59 rows where part_number = 390 and title_number = 49 sorted by section_id
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| section_id ▼ | title_number | title_name | chapter | subchapter | part_number | part_name | subpart | subpart_name | section_number | section_heading | agency | authority | source_citation | amendment_citations | full_text |
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| 49:49:5.1.1.2.32.1.13.1 | 49 | Transportation | III | B | 390 | PART 390—FEDERAL MOTOR CARRIER SAFETY REGULATIONS; GENERAL | A | Subpart A—General Applicability and Definitions | § 390.1 Purpose. | FHWA | This part establishes general applicability, definitions, general requirements and information as they pertain to persons subject to this chapter. | ||||
| 49:49:5.1.1.2.32.1.13.2 | 49 | Transportation | III | B | 390 | PART 390—FEDERAL MOTOR CARRIER SAFETY REGULATIONS; GENERAL | A | Subpart A—General Applicability and Definitions | § 390.3 General applicability. | FHWA | [80 FR 63710, Oct. 21, 2015, as amended at 83 FR 22877, May 17, 2018; 86 FR 55743, Oct. 7, 2021] | (a) The rules in subchapter B of this chapter are applicable to all employers, employees, and commercial motor vehicles that transport property or passengers in interstate commerce. (b) The rules in part 383 of this chapter, Commercial Driver's License Standards; Requirements and Penalties, are applicable to every person who operates a commercial motor vehicle, as defined in § 383.5 of this subchapter, in interstate or intrastate commerce and to all employers of such persons. (c) The rules in part 387 of this chapter, Minimum Levels of Financial Responsibility for Motor Carriers, are applicable to motor carriers as provided in §§ 387.3 or 387.27 of this chapter. (d) Additional requirements. Nothing in subchapter B of this chapter shall be construed to prohibit an employer from requiring and enforcing more stringent requirements relating to safety of operation and employee safety and health. (e) Knowledge of and compliance with the regulations. (1) Every employer shall be knowledgeable of and comply with all regulations contained in this subchapter that are applicable to that motor carrier's operations. (2) Every driver and employee involved in motor carrier operations shall be instructed regarding, and shall comply with, all applicable regulations contained in this subchapter. (3) All motor vehicle equipment and accessories required by this chapter shall be maintained in compliance with all applicable performance and design criteria set forth in this subchapter. (f) Exceptions. Unless otherwise specifically provided, the rules in this subchapter do not apply to— (1) All school bus operations as defined in § 390.5, except for §§ 391.15(e) and (f), 392.15, 392.80, and 392.82 of this chapter; (2) Transportation performed by the Federal government, a State, or any political subdivision of a State, or an agency established under a compact between States that has been approved by the Congress of the United States; (3) The occasional transportation of personal property by individuals not for compensation… | |||
| 49:49:5.1.1.2.32.1.13.3 | 49 | Transportation | III | B | 390 | PART 390—FEDERAL MOTOR CARRIER SAFETY REGULATIONS; GENERAL | A | Subpart A—General Applicability and Definitions | § 390.3T General applicability. | FHWA | [82 FR 5310, Jan. 17, 2017, as amended at 83 FR 22877, May 17, 2018; 86 FR 55743, Oct. 7, 2021; 86 FR 57072, Oct. 14, 2021] | (a)(1) The rules in this subchapter are applicable to all employers, employees, and commercial motor vehicles that transport property or passengers in interstate commerce. (2) The rules in 49 CFR 386.12(c) and 390.6 prohibiting the coercion of drivers of commercial motor vehicles operating in interstate commerce: (i) To violate certain safety regulations are applicable to all motor carriers, shippers, receivers, and transportation intermediaries; and (ii) To violate certain commercial regulations are applicable to all operators of commercial motor vehicles. (b) The rules in part 383 of this chapter, Commercial Driver's License Standards; Requirements and Penalties, are applicable to every person who operates a commercial motor vehicle, as defined in § 383.5 of this subchapter, in interstate or intrastate commerce and to all employers of such persons. (c) The rules in part 387 of this chapter, Minimum Levels of Financial Responsibility for Motor Carriers, are applicable to motor carriers as provided in § 387.3 or § 387.27 of this subchapter. (d) Additional requirements. Nothing in this subchapter shall be construed to prohibit an employer from requiring and enforcing more stringent requirements relating to safety of operation and employee safety and health. (e) Knowledge of and compliance with the regulations. (1) Every employer shall be knowledgeable of and comply with all regulations contained in this subchapter which are applicable to that motor carrier's operations. (2) Every driver and employee shall be instructed regarding, and shall comply with, all applicable regulations contained in this subchapter. (3) All motor vehicle equipment and accessories required by this subchapter shall be maintained in compliance with all applicable performance and design criteria set forth in this subchapter. (f) Exceptions. Unless otherwise specifically provided, the rules in this subchapter do not apply to— (1) All school bus operations as defined in § 390.5T, except for §§ 391.15(e) and (f), 392.15, 392.80,… | |||
| 49:49:5.1.1.2.32.1.13.4 | 49 | Transportation | III | B | 390 | PART 390—FEDERAL MOTOR CARRIER SAFETY REGULATIONS; GENERAL | A | Subpart A—General Applicability and Definitions | § 390.4 Delegations and redelegations of authority of FMCSA employees to perform assigned actions or duties. | FHWA | [86 FR 57072, Oct. 14, 2021] | (a) General. FMCSA may apply the guidelines and procedures of this section to delegate or redelegate the authority of FMCSA employees to perform assigned actions or duties under this chapter. (b) FMCSA Administrator authority to delegate and redelegate. (1) The FMCSA Administrator is authorized to delegate and redelegate authority and authorize successive redelegations. (2) The FMCSA Administrator retains concurrent authority to exercise or redelegate any authority that he or she has delegated to an employee in regulation, directive, or memorandum. (c) Redelegations by FMCSA employees. Unless specifically prohibited by law, and in consultation with the FMCSA Office of the Chief Counsel, an FMCSA employee with delegated authority is authorized to— (1) Redelegate that authority to another FMCSA employee, as appropriate; and (2) Maintain concurrent authority to exercise or redelegate the authority he or she has delegated to another FMCSA employee. (d) Exercise of delegated authority in special circumstances. In consultation with the FMCSA Office of the Chief Counsel, if the FMCSA employee to whom a regulation assigns the authority to perform an action or a duty is unavailable or otherwise unable to perform such action or duty ( e.g., due to a conflict of interest or a vacancy in the position), a supervisor of the FMCSA employee may exercise that authority or redelegate such authority to another FMCSA employee, as appropriate. (e) Format of delegations and redelegations. Delegations and redelegations authorized under this section must be in writing and may be made by regulation, directive, or memorandum. (f) Actions or duties performed under delegated or redelegated authority. Each action or duty performed by any FMCSA employee pursuant to authority delegated or redelegated to him or her in accordance with this section, whether directly or by redelegation, shall be a valid exercise of that authority, notwithstanding any regulation that provides that such action or duty shall be performed by anoth… | |||
| 49:49:5.1.1.2.32.1.13.5 | 49 | Transportation | III | B | 390 | PART 390—FEDERAL MOTOR CARRIER SAFETY REGULATIONS; GENERAL | A | Subpart A—General Applicability and Definitions | § 390.5 Definitions. | FHWA | [53 FR 18052, May 19, 1988] | Unless specifically defined elsewhere, in this subchapter: Accident means— (1) Except as provided in paragraph (2) of this definition, an occurrence involving a commercial motor vehicle operating on a highway in interstate or intrastate commerce which results in: (i) A fatality; (ii) Bodily injury to a person who, as a result of the injury, immediately receives medical treatment away from the scene of the accident; or (iii) One or more motor vehicles incurring disabling damage as a result of the accident, requiring the motor vehicle(s) to be transported away from the scene by a tow truck or other motor vehicle. (2) The term accident does not include: (i) An occurrence involving only boarding and alighting from a stationary motor vehicle; or (ii) An occurrence involving only the loading or unloading of cargo. Alcohol concentration (AC) means the concentration of alcohol in a person's blood or breath. When expressed as a percentage it means grams of alcohol per 100 milliliters of blood or grams of alcohol per 210 liters of breath. Assistant Administrator means the Assistant Administrator of the Federal Motor Carrier Safety Administration or an authorized delegee. Bus means any motor vehicle designed, constructed, and/or used for the transportation of passengers, including taxicabs. Business district means the territory contiguous to and including a highway when within any 600 feet along such highway there are buildings in use for business or industrial purposes, including but not limited to hotels, banks, or office buildings which occupy at least 300 feet of frontage on one side or 300 feet collectively on both sides of the highway. Certified VA medical examiner means a qualified VA examiner who has fulfilled the requirements for and is listed on the National Registry of Certified Medical Examiners. Charter transportation of passengers means transportation, using a bus, of a group of persons who pursuant to a common purpose, under a single contract, at a fixed charge for the motor vehicle, have… | |||
| 49:49:5.1.1.2.32.1.13.6 | 49 | Transportation | III | B | 390 | PART 390—FEDERAL MOTOR CARRIER SAFETY REGULATIONS; GENERAL | A | Subpart A—General Applicability and Definitions | § 390.5T Definitions. | FHWA | [82 FR 5311, Jan. 17, 2017, as amended at 83 FR 16226, Apr. 16, 2018; 83 FR 22878, May 17, 2018; 83 FR 24228, May 25, 2018; 83 FR 26860, June 11, 2018; 83 FR 48726, Sept. 27, 2018; 84 FR 40294, Aug. 14, 2019; 86 FR 35642, July 7, 2021; 86 FR 57073, Oct. 14, 2021; 87 FR 13208, Mar. 9, 2022; 88 FR 70908, Oct. 13, 2023; 88 FR 80183, Nov. 17, 2023] | Unless specifically defined elsewhere, in this subchapter: Accident means— (1) Except as provided in paragraph (2) of this definition, an occurrence involving a commercial motor vehicle operating on a highway in interstate or intrastate commerce which results in: (i) A fatality; (ii) Bodily injury to a person who, as a result of the injury, immediately receives medical treatment away from the scene of the accident; or (iii) One or more motor vehicles incurring disabling damage as a result of the accident, requiring the motor vehicle(s) to be transported away from the scene by a tow truck or other motor vehicle. (2) The term accident does not include: (i) An occurrence involving only boarding and alighting from a stationary motor vehicle; or (ii) An occurrence involving only the loading or unloading of cargo. Alcohol concentration (AC) means the concentration of alcohol in a person's blood or breath. When expressed as a percentage it means grams of alcohol per 100 milliliters of blood or grams of alcohol per 210 liters of breath. Assistant Administrator means the Assistant Administrator of the Federal Motor Carrier Safety Administration or an authorized delegee. Bus means any motor vehicle designed, constructed, and/or used for the transportation of passengers, including taxicabs. Business district means the territory contiguous to and including a highway when within any 600 feet along such highway there are buildings in use for business or industrial purposes, including but not limited to hotels, banks, or office buildings which occupy at least 300 feet of frontage on one side or 300 feet collectively on both sides of the highway. Certified VA medical examiner means a qualified VA examiner who has fulfilled the requirements for and is listed on the National Registry of Certified Medical Examiners. Charter transportation of passengers means transportation, using a bus, of a group of persons who pursuant to a common purpose, under a single contract, at a fixed charge for the motor vehicle, have… | |||
| 49:49:5.1.1.2.32.1.13.7 | 49 | Transportation | III | B | 390 | PART 390—FEDERAL MOTOR CARRIER SAFETY REGULATIONS; GENERAL | A | Subpart A—General Applicability and Definitions | § 390.6 Coercion prohibited. | FHWA | [80 FR 74710, Nov. 30, 2015, as amended at 81 FR 68348, Oct. 4, 2016] | (a) Prohibition. (1) A motor carrier, shipper, receiver, or transportation intermediary, including their respective agents, officers, or representatives, may not coerce a driver of a commercial motor vehicle to operate 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 or its agents, officers, or representatives, may not coerce a driver of a commercial motor vehicle to operate such vehicle in violation of 49 CFR parts 356, 360, or 365-379. (b) Complaint process. (1) A driver who believes he or she was coerced to violate 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 under paragraph (b)(1) of this section shall describe the action that the driver claims constitutes coercion and identify the regulation the driver was coerced to violate. (3) A complaint under paragraph (b)(1) of this section may include any supporting evidence that will assist the Division Administrator in determining the merits of the complaint. | |||
| 49:49:5.1.1.2.32.1.13.8 | 49 | Transportation | III | B | 390 | PART 390—FEDERAL MOTOR CARRIER SAFETY REGULATIONS; GENERAL | A | Subpart A—General Applicability and Definitions | § 390.7 Rules of construction. | FHWA | [53 FR 18052, May 19, 1988, as amended at 60 FR 38744, July 28, 1995; 83 FR 16226, Apr. 16, 2018] | (a) In part 325 of subchapter A and in this subchapter, unless the context requires otherwise: (1) Words imparting the singular include the plural; (2) Words imparting the plural include the singular; (3) Words imparting the present tense include the future tense. (b) In this subchapter the word— (1) Officer includes any person authorized by law to perform the duties of the office; (2) 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 word of inclusion, not limitation. | |||
| 49:49:5.1.1.2.32.1.13.9 | 49 | Transportation | III | B | 390 | PART 390—FEDERAL MOTOR CARRIER SAFETY REGULATIONS; GENERAL | A | Subpart A—General Applicability and Definitions | § 390.8 Separation of functions. | FHWA | [86 FR 57073, Oct. 14, 2021] | (a) An Agency employee who has taken an active part 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 factually-related case, advise or assist the Agency official authorized to issue a final decision in the applicable proceeding. (b) Nothing in this section shall preclude the Agency official authorized to issue a final decision or anyone advising that Agency official from taking part in a determination to launch an investigation or issue a complaint, or similar preliminary decision. | |||
| 49:49:5.1.1.2.32.2.13.1 | 49 | Transportation | III | B | 390 | PART 390—FEDERAL MOTOR CARRIER SAFETY REGULATIONS; GENERAL | B | Subpart B—General Requirements and Information | § 390.9 State and local laws, effect on. | FHWA | Except as otherwise specifically indicated, subchapter B of this chapter is not intended to preclude States or subdivisions thereof from establishing or enforcing State or local laws relating to safety, the compliance with which would not prevent full compliance with these regulations by the person subject thereto. | ||||
| 49:49:5.1.1.2.32.2.13.10 | 49 | Transportation | III | B | 390 | PART 390—FEDERAL MOTOR CARRIER SAFETY REGULATIONS; GENERAL | B | Subpart B—General Requirements and Information | § 390.21T Marking of self-propelled CMVs and intermodal equipment. | FHWA | [82 FR 5316, Jan. 17, 2017, as amended at 84 FR 40294, Aug. 14, 2019] | (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 … | |||
| 49:49:5.1.1.2.32.2.13.11 | 49 | Transportation | III | B | 390 | PART 390—FEDERAL MOTOR CARRIER SAFETY REGULATIONS; GENERAL | B | Subpart B—General Requirements and Information | § 390.23 Automatic relief from regulations. | FHWA | [88 FR 70908, Oct. 13, 2023] | (a) Presidential declaration of emergency. Parts 390 through 399 of this chapter, or any section thereof, shall not apply to any motor carrier or driver operating a commercial motor vehicle so long as the motor carrier or driver is providing direct assistance during an emergency declared by the President of the United States pursuant to 42 U.S.C. 5191(b) during the emergency period or 30 days from the date of the initial declaration of the emergency, whichever is less. (b) Regional declarations of emergency. Except as provided in paragraph (b)(1) of this section, §§ 395.3 and 395.5 of this chapter shall not apply to a motor carrier or driver operating a commercial motor vehicle so long as the motor carrier or driver is providing direct assistance during an emergency declared by the Governor of a State, their authorized representative, or FMCSA during the emergency period or 14 days from the date of the initial declaration of emergency, whichever is less. (1) Residential heating fuel shortages. Parts 390 through 399 of this chapter, or any section thereof, shall not apply to a motor carrier or driver operating a commercial motor vehicle to provide residential heating fuel in the geographic area designated in an emergency declaration issued by the Governor of a State. If the Governor of a State declares an emergency caused by a shortage of residential heating fuel and, at the conclusion of the 30-day period immediately following the declaration, determines that the emergency shortage has not ended, and extends the declaration of an emergency for up to two additional 30-day periods, this regulatory relief shall remain in effect up to the end of such additional periods. The total length of the emergency shall not exceed 90 days. (2) [Reserved] (c) Local emergencies. Sections 395.3 and 395.5 of this chapter shall not apply to a motor carrier or driver operating a commercial motor vehicle so long as the motor carrier or driver is providing direct assistance during an emergency declared by a Federal, State, … | |||
| 49:49:5.1.1.2.32.2.13.12 | 49 | Transportation | III | B | 390 | PART 390—FEDERAL MOTOR CARRIER SAFETY REGULATIONS; GENERAL | B | Subpart B—General Requirements and Information | § 390.25 Extension or Modification of relief from regulations—emergencies. | FHWA | [88 FR 70909, Oct. 13, 2023] | (a) FMCSA may extend the period of the regulatory relief or modify the scope of emergency relief contained in § 390.23. Interested parties may also request an extension or modification by providing a detailed explanation of the need for an extension or modification of the relief. Any interested party seeking to extend the period of regulatory relief shall send its request to the FMCSA emergency declarations mailbox, FMCSAdeclaration@dot.gov, before the expiration of the period of relief. FMCSA will determine if such relief is necessary by evaluating the circumstances of the ongoing emergency, the need for relief, and the nature of the relief to be provided. (b) If FMCSA initiates or approves an extension of the regulatory relief, it shall establish a new time limit and may place terms and conditions on motor carriers or drivers relying upon the continued or modified relief. These terms and conditions may include reporting requirements. | |||
| 49:49:5.1.1.2.32.2.13.13 | 49 | Transportation | III | B | 390 | PART 390—FEDERAL MOTOR CARRIER SAFETY REGULATIONS; GENERAL | B | Subpart B—General Requirements and Information | § 390.27 Locations of motor carrier safety service centers. | FHWA | [83 FR 22878, May 17, 2018, as amended at 88 FR 80184, Nov. 17, 2023; 89 FR 90622, Nov. 18, 2024] | Note 1: Canadian carriers—for information regarding proper service center, contact an FMCSA division (State) office in Alaska, Maine, Michigan, Montana, New York, North Dakota, Vermont, or Washington. Note 2: Mexican carriers are handled through the four southern border divisions and the Western Service Center. For information regarding the proper service center, contact an FMCSA division (State) office in Arizona, California, New Mexico, or Texas. | |||
| 49:49:5.1.1.2.32.2.13.14 | 49 | Transportation | III | B | 390 | PART 390—FEDERAL MOTOR CARRIER SAFETY REGULATIONS; GENERAL | B | Subpart B—General Requirements and Information | § 390.29 Location of records or documents. | FHWA | [63 FR 33276, June 18, 1998] | (a) A motor carrier with multiple offices or terminals may maintain the records and documents required by this subchapter at its principal place of business, a regional office, or driver work-reporting location unless otherwise specified in this subchapter. (b) All records and documents required by this subchapter which are maintained at a regional office or driver work-reporting location shall be made available for inspection upon request by a special agent or authorized representative of the Federal Motor Carrier Safety Administration at the motor carrier's principal place of business or other location specified by the agent or representative within 48 hours after a request is made. Saturdays, Sundays, and Federal holidays are excluded from the computation of the 48-hour period of time. | |||
| 49:49:5.1.1.2.32.2.13.15 | 49 | Transportation | III | B | 390 | PART 390—FEDERAL MOTOR CARRIER SAFETY REGULATIONS; GENERAL | B | Subpart B—General Requirements and Information | § 390.31 Copies of records and documents. | FHWA | [83 FR 16226, Apr. 16, 2018] | All records and documents required to be maintained under this subchapter must be maintained for the periods specified. Except as otherwise provided, copies that are legible and accurately reflect the information required to be contained in the record or document may be maintained in lieu of originals. | |||
| 49:49:5.1.1.2.32.2.13.16 | 49 | Transportation | III | B | 390 | PART 390—FEDERAL MOTOR CARRIER SAFETY REGULATIONS; GENERAL | B | Subpart B—General Requirements and Information | § 390.32 Electronic documents and signatures. | FHWA | [83 FR 16226, Apr. 16, 2018] | (a) Applicability. This section applies to documents that entities or individuals are required to retain, regardless of whether FMCSA subsequently requires them to be produced or displayed to FMCSA staff or other parties entitled to access. This section does not apply to documents that must be submitted directly to FMCSA. (b) Electronic records or documents. Any person or entity required to generate, maintain, or exchange documents to satisfy requirements in chapter III of subtitle B of title 49, Code of Federal Regulations (49 CFR 300-399) may use electronic methods to satisfy those requirements. (c) Electronic signatures. (1) Any person or entity required to sign or certify a document to satisfy the requirements of chapter III of subtitle B of title 49, Code of Federal Regulations (49 CFR parts 300-399) may use an electronic signature, as defined in § 390.5T of this part. (2) An electronic signature may be made using any available technology that otherwise satisfies FMCSA's requirements. (d) Requirements. Any person or entity may use documents signed, certified, generated, maintained, or exchanged using electronic methods if the documents accurately reflect the information otherwise required to be contained in them. Records, documents or signatures generated, maintained, or exchanged using electronic methods do not satisfy the requirements of this section if they are not capable of being retained, are not used for the purpose for which they were created, or cannot be accurately reproduced within required timeframes for reference by any party entitled to access. Records or documents generated electronically do not satisfy the requirements of this section if they do not include proof of consent to use electronically generated records or documents, as required by 15 U.S.C. 7001(c). | |||
| 49:49:5.1.1.2.32.2.13.17 | 49 | Transportation | III | B | 390 | PART 390—FEDERAL MOTOR CARRIER SAFETY REGULATIONS; GENERAL | B | Subpart B—General Requirements and Information | § 390.33 Commercial motor vehicles used for purposes other than defined. | FHWA | [53 FR 18052, May 19, 1988, as amended at 60 FR 38744, July 28, 1995] | Whenever a commercial motor vehicle of one type is used to perform the functions normally performed by a commercial motor vehicle of another type, the requirements of this subchapter and part 325 of subchapter A shall apply to the commercial motor vehicle and to its operation in the same manner as though the commercial motor vehicle were actually a commercial motor vehicle of the latter type. Example: If a commercial motor vehicle other than a bus is used to perform the functions normally performed by a bus, the regulations pertaining to buses and to the transportation of passengers shall apply to that commercial motor vehicle. | |||
| 49:49:5.1.1.2.32.2.13.18 | 49 | Transportation | III | B | 390 | PART 390—FEDERAL MOTOR CARRIER SAFETY REGULATIONS; GENERAL | B | Subpart B—General Requirements and Information | § 390.35 Certificates, reports, and records: Falsification, reproduction, or alteration. | FHWA | No motor carrier, its agents, officers, representatives, or employees shall make or cause to make— (a) A fraudulent or intentionally false statement on any application, certificate, report, or record required by part 325 of subchapter A or this subchapter; (b) A fraudulent or intentionally false entry on any application, certificate, report, or record required to be used, completed, or retained, to comply with any requirement of this subchapter or part 325 of subchapter A; or (c) A reproduction, for fraudulent purposes, of any application, certificate, report, or record required by this subchapter or part 325 of subchapter A. | ||||
| 49:49:5.1.1.2.32.2.13.19 | 49 | Transportation | III | B | 390 | PART 390—FEDERAL MOTOR CARRIER SAFETY REGULATIONS; GENERAL | B | Subpart B—General Requirements and Information | § 390.36 Harassment of drivers prohibited. | FHWA | [80 FR 78383, Dec. 16, 2015] | (a) Harass or harassment defined. As used in this section, harass or harassment means an action by a motor carrier toward a driver employed by the motor carrier (including an independent contractor while in the course of operating a commercial motor vehicle on behalf of the motor carrier) involving the use of information available to the motor carrier through an ELD, as defined in § 395.2 of this chapter, or through other technology used in combination with and not separable from the ELD, that the motor carrier knew, or should have known, would result in the driver violating § 392.3 or part 395 of this subchapter. (b) Prohibition against harassment. (1) No motor carrier may harass a driver. (2) Nothing in paragraph (b)(1) of this section shall be construed to prevent a motor carrier from using technology allowed under this subchapter to monitor productivity of a driver provided that such monitoring does not result in harassment. (c) Complaint process. A driver who believes he or she was the subject of harassment by a motor carrier may file a written complaint under § 386.12(b) of this subchapter. | |||
| 49:49:5.1.1.2.32.2.13.2 | 49 | Transportation | III | B | 390 | PART 390—FEDERAL MOTOR CARRIER SAFETY REGULATIONS; GENERAL | B | Subpart B—General Requirements and Information | § 390.11 Motor carrier to require observance of driver regulations. | FHWA | Whenever in part 325 of subchapter A or in this subchapter a duty is prescribed for a driver or a prohibition is imposed upon the driver, it shall be the duty of the motor carrier to require observance of such duty or prohibition. If the motor carrier is a driver, the driver shall likewise be bound. | ||||
| 49:49:5.1.1.2.32.2.13.20 | 49 | Transportation | III | B | 390 | PART 390—FEDERAL MOTOR CARRIER SAFETY REGULATIONS; GENERAL | B | Subpart B—General Requirements and Information | § 390.37 Violation and penalty. | FHWA | Any person who violates the rules set forth in this subchapter or part 325 of subchapter A may be subject to civil or criminal penalties. | ||||
| 49:49:5.1.1.2.32.2.13.21 | 49 | Transportation | III | B | 390 | PART 390—FEDERAL MOTOR CARRIER SAFETY REGULATIONS; GENERAL | B | Subpart B—General Requirements and Information | § 390.38 Exemptions for pipeline welding trucks. | FHWA | [81 FR 47720, July 22, 2016] | (a) Federal requirements. A pipeline welding truck, as defined in paragraph (b) of this section, including the individuals operating such vehicle and the employer of such individual, is exempt from the following: (1) Any requirement relating to registration as a motor carrier, including the requirement to obtain and display a Department of Transportation number, in 49 CFR part 365 or 390. (2) Any requirement relating to driver qualifications in 49 CFR part 391. (3) Any requirement relating to driving of commercial motor vehicles in 49 CFR part 392. (4) Any requirement relating to parts and accessories and inspection, repair, and maintenance of commercial motor vehicles in 49 CFR parts 393 and 396. (5) Any requirement relating to hours of service of drivers, including maximum driving and on duty time, found in 49 CFR part 395. (b) Definition. “Pipeline welding truck” means a motor vehicle that is travelling in the State in which the vehicle is registered or another State, is owned by a welder, is a pick-up style truck, is equipped with a welding rig that is used in the construction or maintenance of pipelines, and has a gross vehicle weight and combination weight rating and weight of 15,000 pounds or less. | |||
| 49:49:5.1.1.2.32.2.13.22 | 49 | Transportation | III | B | 390 | PART 390—FEDERAL MOTOR CARRIER SAFETY REGULATIONS; GENERAL | B | Subpart B—General Requirements and Information | § 390.39 Exemptions for “covered farm vehicles.” | FHWA | [78 FR 16194, Mar. 14, 2013, as amended at 81 FR 47720, July 22, 2016] | (a) Federal requirements. A covered farm vehicle, as defined in § 390.5, including the individual operating that vehicle, is exempt from the following: (1) Any requirement relating to commercial driver's licenses in 49 CFR Part 383 or controlled substances and alcohol use and testing in 49 CFR Part 382; (2) Any requirement in 49 CFR Part 391, Subpart E, Physical Qualifications and Examinations. (3) Any requirement in 49 CFR Part 395, Hours of Service of Drivers. (4) Any requirement in 49 CFR Part 396, Inspection, Repair, and Maintenance. (b) State requirements —(1) In general. Federal transportation funding to a State may not be terminated, limited, or otherwise interfered with as a result of the State exempting a covered farm vehicle, including the individual operating that vehicle, from— (i) A requirement described in paragraph (a) of this section; or (ii) Any other minimum standard provided by a State relating to the operation of that vehicle. (2) Exception. Paragraph (b)(1) of this section does not apply with respect to a covered farm vehicle transporting hazardous materials that require a placard. (c) Other exemptions and exceptions. The exemptions in paragraphs (a) and (b) of this section are in addition to, not in place of, the agricultural exemptions and exceptions 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 may utilize any combination of these exemptions and exceptions, providing they comply fully with each separate exemption and exception. | |||
| 49:49:5.1.1.2.32.2.13.3 | 49 | Transportation | III | B | 390 | PART 390—FEDERAL MOTOR CARRIER SAFETY REGULATIONS; GENERAL | B | Subpart B—General Requirements and Information | § 390.13 Aiding or abetting violations. | FHWA | No person shall aid, abet, encourage, or require a motor carrier or its employees to violate the rules of this chapter. | ||||
| 49:49:5.1.1.2.32.2.13.4 | 49 | Transportation | III | B | 390 | PART 390—FEDERAL MOTOR CARRIER SAFETY REGULATIONS; GENERAL | B | Subpart B—General Requirements and Information | § 390.15 Assistance in investigations and special studies. | FHWA | [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] | (a) Each motor carrier and intermodal equipment provider must do the following: (1) Make all records and information pertaining to an accident available to an authorized representative or special agent of the Federal Motor Carrier Safety Administration, an authorized State or local enforcement agency representative, or authorized third-party representative within such time as the request or investigation may specify. (2) Give an authorized representative all reasonable assistance in the investigation of any accident, including providing a full, true, and correct response to any question of the inquiry. (b) Motor carriers must maintain an accident register for 3 years after the date of each accident. Information placed in the accident register must contain at least the following: (1) A list of accidents as defined at § 390.5 of this chapter containing for each accident: (i) Date of accident. (ii) City or town, or most near, where the accident occurred and the State where the accident occurred. (iii) Driver Name. (iv) Number of injuries. (v) Number of fatalities. (vi) Whether hazardous materials, other than fuel spilled from the fuel tanks of motor vehicle involved in the accident, were released. (2) Copies of all accident reports required by State or other governmental entities or insurers. | |||
| 49:49:5.1.1.2.32.2.13.5 | 49 | Transportation | III | B | 390 | PART 390—FEDERAL MOTOR CARRIER SAFETY REGULATIONS; GENERAL | B | Subpart B—General Requirements and Information | § 390.16 [Reserved] | FHWA | |||||
| 49:49:5.1.1.2.32.2.13.6 | 49 | Transportation | III | B | 390 | PART 390—FEDERAL MOTOR CARRIER SAFETY REGULATIONS; GENERAL | B | Subpart B—General Requirements and Information | § 390.17 Additional equipment and accessories. | FHWA | [53 FR 18052, May 19, 1988, as amended at 60 FR 38744, July 28, 1995. Redesignated at 65 FR 35296, June 2, 2000] | Nothing in this subchapter shall be construed to prohibit the use of additional equipment and accessories, not inconsistent with or prohibited by this subchapter, provided such equipment and accessories do not decrease the safety of operation of the commercial motor vehicles on which they are used. | |||
| 49:49:5.1.1.2.32.2.13.7 | 49 | Transportation | III | B | 390 | PART 390—FEDERAL MOTOR CARRIER SAFETY REGULATIONS; GENERAL | B | Subpart B—General Requirements and Information | § 390.19 Motor carrier identification reports for certain Mexico-domiciled motor carriers. | FHWA | [80 FR 63711, Oct. 21, 2015, as amended at 88 FR 80184, Nov. 17, 2023] | (a) Applicability. A Mexico-domiciled motor carrier requesting authority to provide transportation of 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 file Form MCS-150 with FMCSA as follows: (b) Filing schedule. Each motor carrier must file the appropriate form under paragraph (a) of this section at the following times: (1) Before it begins operations; and (2) Every 24 months, according to the following schedule: (3) If the next-to-last digit of its USDOT Number is odd, the motor carrier shall file its update in every odd-numbered calendar year. If the next-to-last digit of the USDOT Number is even, the motor carrier shall file its update in every even-numbered calendar year. (4) A person that fails to complete biennial updates to the information pursuant to paragraph (b)(2) of this section is subject to the penalties prescribed in 49 U.S.C. 521(b)(2)(B) or 49 U.S.C. 14901(a), as appropriate, and deactivation of its USDOT Number. (c) Availability of forms. The Form MCS-150 and complete instructions are available from the FMCSA website at https://www.fmcsa.dot.gov/urs; from all 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 according to the instructions at the Agency's website, or it may be sent 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. A motor carrier should submit the Form MCS-150 along with its application for operating authority (OP-1(MX)), to the appropriate address referenced on that form, or may submit it electronically or by mail separately to the address mentioned in paragraph (d) of this section. (f) Only the legal name o… | |||
| 49:49:5.1.1.2.32.2.13.8 | 49 | Transportation | III | B | 390 | PART 390—FEDERAL MOTOR CARRIER SAFETY REGULATIONS; GENERAL | B | Subpart B—General Requirements and Information | § 390.19T Motor carrier, hazardous material safety permit applicant/holder, and intermodal equipment provider identification reports. | FHWA | [82 FR 5316, Jan. 17, 2017, as amended at 83 FR 22878, May 17, 2018; 88 FR 80184, Nov. 17, 2023] | (a) Applicability. Each motor carrier and intermodal equipment provider must file Form MCS-150, Form MCS-150B or Form MCS-150C with FMCSA as follows: (1) A U.S.-, Canada-, Mexico-, or non-North America-domiciled motor carrier conducting operations in interstate commerce must file a Motor Carrier Identification Report, Form MCS-150. (2) A motor carrier conducting operations in intrastate commerce and requiring a Safety Permit under 49 CFR part 385, subpart E, must file the Combined Motor Carrier Identification Report and HM Permit Application, Form MCS-150B. (3) Each intermodal equipment provider that offers intermodal equipment for transportation in interstate commerce must file an Intermodal Equipment Provider Identification Report, Form MCS-150C. (b) Filing schedule. Each motor carrier or intermodal equipment provider must file the appropriate form under paragraph (a) of this section at the following times: (1) Before it begins operations; and (2) Every 24 months, according to the following schedule: (3) If the next-to-last digit of its USDOT Number is odd, the motor carrier or intermodal equipment provider shall file its update in every odd-numbered calendar year. If the next-to-last digit of the USDOT Number is even, the motor carrier or intermodal equipment provider shall file its update in every even-numbered calendar year. (4) A person that fails to complete biennial updates to the information pursuant to paragraph (b)(2) of this section is subject to the penalties prescribed in 49 U.S.C. 521(b)(2)(B) or 49 U.S.C. 14901(a), as appropriate, and deactivation of its USDOT Number. (c) Availability of forms. The forms described under paragraph (a) of this section and complete instructions are available from the FMCSA website at https://www.fmcsa.dot.gov (Keyword “MCS-150,” or “MCS-150B,” or “MCS-150C”); from all FMCSA Service Centers and Division offices nationwide; or by calling 1-800-832-5660. (d) Where to file. The required form under paragraph (a) of this section must be filed with the F… | |||
| 49:49:5.1.1.2.32.2.13.9 | 49 | Transportation | III | B | 390 | PART 390—FEDERAL MOTOR CARRIER SAFETY REGULATIONS; GENERAL | B | Subpart B—General Requirements and Information | § 390.21 Marking of self-propelled CMVs and intermodal equipment. | FHWA | [65 FR 35296, June 2, 2000, as amended at 73 FR 76821, Dec. 17, 2008; 74 FR 68708, Dec. 29, 2009; 77 FR 59827, Oct. 1, 2012; 78 FR 58482, Sept. 24, 2013; 80 FR 30178, May 27, 2015; 80 FR 63712, Oct. 21, 2015; 84 FR 40294, Aug. 14, 2019] | (a) General. Every self-propelled CMV subject to subchapter B of this chapter 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 subchapter B of this chapter 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 Form MCSA-1, the URS online application, or the motor carrier identification report (Form MCS-150) and submitted in accordance with § 390.201 or § 390.19, as appropriate. (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. (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.… | |||
| 49:49:5.1.1.2.32.3.13.1 | 49 | Transportation | III | B | 390 | PART 390—FEDERAL MOTOR CARRIER SAFETY REGULATIONS; GENERAL | C | Subpart C—Requirements and Information for Intermodal Equipment Providers and for Motor Carriers Operating Intermodal Equipment | § 390.40 Intermodal equipment providers. | FHWA | [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] | An intermodal equipment provider must— (a) Identify its operations to the FMCSA by filing the Form MCSA-1 required by § 390.201. (b) Mark its intermodal equipment with the USDOT number as required by § 390.21 before tendering the equipment to a motor carrier. (c) Systematically inspect, repair, and maintain, or cause to be systematically inspected, repaired, and maintained, in a manner consistent with § 396.3(a)(1), as applicable, all intermodal equipment intended for interchange with a motor carrier. (d) Provide intermodal equipment intended for interchange that is in safe and proper operating condition. (e) Maintain a system of driver vehicle inspection reports submitted to the intermodal equipment provider as required by § 396.11 of this chapter. (f) Maintain a system of inspection, repair, and maintenance records as required by § 396.3(b)(3) of this chapter for equipment intended for interchange with a motor carrier. (g) Periodically inspect equipment intended for interchange, as required under § 396.17 of this chapter. (h) At facilities at which the intermodal equipment provider makes intermodal equipment available for interchange, have procedures in place, and provide sufficient space, for drivers to perform a pre-trip inspection of tendered intermodal equipment. (i) At facilities at which the intermodal equipment provider makes intermodal equipment available for interchange, develop and implement procedures to repair any equipment damage, defects, or deficiencies identified as part of a pre-trip inspection, or replace the equipment, prior to the driver's departure. The repairs or replacement must be made after being notified by a driver of such damage, defects, or deficiencies. (j) Refrain from placing intermodal equipment in service on the public highways if that equipment has been found to pose an imminent hazard, as defined in § 386.72(b)(3) of this chapter. | |||
| 49:49:5.1.1.2.32.3.13.2 | 49 | Transportation | III | B | 390 | PART 390—FEDERAL MOTOR CARRIER SAFETY REGULATIONS; GENERAL | C | Subpart C—Requirements and Information for Intermodal Equipment Providers and for Motor Carriers Operating Intermodal Equipment | § 390.40T Intermodal equipment providers. | FHWA | [82 FR 5318, Jan. 17, 2017] | An intermodal equipment provider must— (a) Identify its operations to the FMCSA by filing the Form MCS-150C required by § 390.19T. (b) Mark its intermodal equipment with the USDOT number as required by § 390.21T before tendering the equipment to a motor carrier. (c) Systematically inspect, repair, and maintain, or cause to be systematically inspected, repaired, and maintained, in a manner consistent with § 396.3(a)(1) of this chapter, as applicable, all intermodal equipment intended for interchange with a motor carrier. (d) Provide intermodal equipment intended for interchange that is in safe and proper operating condition. (e) Maintain a system of driver vehicle inspection reports submitted to the intermodal equipment provider as required by § 396.11 of this chapter. (f) Maintain a system of inspection, repair, and maintenance records as required by § 396.3(b)(3) of this chapter for equipment intended for interchange with a motor carrier. (g) Periodically inspect equipment intended for interchange, as required under § 396.17 of this chapter. (h) At facilities at which the intermodal equipment provider makes intermodal equipment available for interchange, have procedures in place, and provide sufficient space, for drivers to perform a pre-trip inspection of tendered intermodal equipment. (i) At facilities at which the intermodal equipment provider makes intermodal equipment available for interchange, develop and implement procedures to repair any equipment damage, defects, or deficiencies identified as part of a pre-trip inspection, or replace the equipment, prior to the driver's departure. The repairs or replacement must be made after being notified by a driver of such damage, defects, or deficiencies. (j) Refrain from placing intermodal equipment in service on the public highways if that equipment has been found to pose an imminent hazard, as defined in § 386.72(b)(3) of this chapter. | |||
| 49:49:5.1.1.2.32.3.13.3 | 49 | Transportation | III | B | 390 | PART 390—FEDERAL MOTOR CARRIER SAFETY REGULATIONS; GENERAL | C | Subpart C—Requirements and Information for Intermodal Equipment Providers and for Motor Carriers Operating Intermodal Equipment | § 390.42 Drivers and motor carriers operating intermodal equipment. | FHWA | [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] | (a) Before operating intermodal equipment over the road, the driver accepting the equipment must inspect the equipment components listed in § 392.7(b) of this subchapter and be satisfied they are in good working order. (b) A driver or motor carrier transporting intermodal equipment must report to the intermodal equipment provider, or its designated agent, any known damage, defects, or deficiencies in the intermodal equipment at the time the equipment is returned to the provider or the provider's designated agent. The report must include, at a minimum, the items in § 396.11(b)(1) of this chapter. | |||
| 49:49:5.1.1.2.32.3.13.4 | 49 | Transportation | III | B | 390 | PART 390—FEDERAL MOTOR CARRIER SAFETY REGULATIONS; GENERAL | C | Subpart C—Requirements and Information for Intermodal Equipment Providers and for Motor Carriers Operating Intermodal Equipment | § 390.44 Correcting the safety record of a motor carrier or an intermodal equipment provider. | FHWA | (a) An intermodal equipment provider or its agent may electronically file questions or concerns at http://dataqs.fmcsa.dot.gov about Federal and State data that reference the provider. This includes safety violations alleging that the components, parts, or accessories of intermodal chassis or trailers listed in § 392.7(b) of this chapter were not in good working order when inspected at roadside. An intermodal equipment provider should not be held responsible for such violations because a motor carrier indicated pursuant to § 392.7(b) that these components, parts, or accessories had no safety defects at the time of the pre-trip inspection. (b) A motor carrier or its agent may electronically file questions or concerns at http://dataqs.fmcsa.dot.gov about Federal and State data that reference the motor carrier. This includes safety violations alleging that any components, parts, or accessories of intermodal chassis or trailers, except those listed in § 392.7(b) of this chapter, were not in good working order when inspected at roadside. Such violations will not be used by FMCSA in making a safety fitness determination of a motor carrier (unless there is evidence that the driver or motor carrier caused or substantially contributed to the violations) because the driver could not readily detect these violations during a pre-trip inspection performed in accordance with § 392.7(b). (c) An intermodal equipment provider, or its agent , may request FMCSA to investigate a motor carrier believed to be in noncompliance with responsibilities under 49 U.S.C. 31151 or the implementing regulations in this subchapter regarding interchange of intermodal equipment by contacting the appropriate FMCSA Field Office. (d) A motor carrier or its agent may request FMCSA to investigate an intermodal equipment provider believed to be in noncompliance with responsibilities under 49 U.S.C. 31151 or the implementing regulations in this subchapter regarding interchange of intermodal equipment by contacting the appropriate FMCSA Field… | ||||
| 49:49:5.1.1.2.32.3.13.5 | 49 | Transportation | III | B | 390 | PART 390—FEDERAL MOTOR CARRIER SAFETY REGULATIONS; GENERAL | C | Subpart C—Requirements and Information for Intermodal Equipment Providers and for Motor Carriers Operating Intermodal Equipment | § 390.46 Preemption of State and local laws and regulations on the inspection, repair, and maintenance of intermodal equipment. | FHWA | (a) General. As provided by 49 U.S.C. 31151(d), a law, regulation, order, or other requirement of a State, a political subdivision of a State, or a tribal organization relating to the inspection, repair, and maintenance of intermodal equipment is preempted if such law, regulation, order, or other requirement exceeds or is inconsistent with a requirement imposed by the Federal Motor Carrier Safety Regulations. (b) Pre-existing State requirements —(1) In general. Pursuant to 49 U.S.C. 31151(e)(1), unless otherwise provided in paragraph (b)(2) of this section, a State requirement for the periodic inspection of intermodal chassis by intermodal equipment providers that was in effect on January 1, 2005, shall remain in effect only until June 17, 2009. (2) Nonpreemption determinations —(i) In general. Pursuant to 49 U.S.C. 31151(e)(2), and notwithstanding paragraph (a) of this section, a State requirement described in paragraph (b)(1) of this section is not preempted if the Administrator determines that the State requirement is as effective as the FMCSA final rule and does not unduly burden interstate commerce. (ii) Application required. Paragraph (b)(2)(i) of this section applies to a State requirement only if the State applies to the Administrator for a determination with respect to the requirement before the effective date of the final rule (June 17, 2009). The Administrator will make a determination with respect to any such application within 6 months after the date on which the Administrator receives the application. (iii) Amended State requirements. If a State amends a regulation for which it previously received a nonpreemption determination from the Administrator under paragraph (b)(2)(i) of this section, it must apply for a determination of nonpreemption for the amended regulation. Any amendment to a State requirement not preempted under this subsection because of a determination by the Administrator may not take effect unless it is submitted to the Agency before the effective date of the amendme… | ||||
| 49:49:5.1.1.2.32.4.13.1 | 49 | Transportation | III | B | 390 | PART 390—FEDERAL MOTOR CARRIER SAFETY REGULATIONS; GENERAL | D | Subpart D—National Registry of Certified Medical Examiners | § 390.101 Scope. | FHWA | [83 FR 26860, June 11, 2018] | (a) The rules in this subpart establish the minimum qualifications for FMCSA certification of a medical examiner and for listing the examiner on FMCSA's National Registry of Certified Medical Examiners. The National Registry of Certified Medical Examiners is designed to improve highway safety and operator health by requiring that medical examiners be trained and certified to determine effectively whether an operator meets FMCSA physical qualification standards under part 391 of this chapter. One component of the National Registry is the registry itself, which is a national database of names and contact information for medical examiners who are certified by FMCSA to perform medical examinations of 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 satisfying the requirements for medical examiner certification set forth in either § 390.103 or § 390.123. | |||
| 49:49:5.1.1.2.32.4.13.2 | 49 | Transportation | III | B | 390 | PART 390—FEDERAL MOTOR CARRIER SAFETY REGULATIONS; GENERAL | D | Subpart D—National Registry of Certified Medical Examiners | § 390.103 Eligibility requirements for medical examiner certification. | FHWA | [77 FR 24127, Apr. 20, 2012, as amended at 83 FR 26860, June 11, 2018] | (a) To receive medical examiner certification from FMCSA, a person must: (1) Be licensed, certified, or registered in accordance with applicable State laws and regulations to perform physical examinations. The applicant must be an advanced practice nurse, doctor of chiropractic, doctor of medicine, doctor of osteopathy, physician assistant, or other medical professional authorized by applicable State laws and regulations to perform physical examinations. (2) Register on the National Registry website and receive a National Registry number before taking the training that meets the requirements of § 390.105. (3) Complete a training program that meets the requirements of § 390.105. (4) Pass the medical examiner certification test provided by FMCSA and administered by a testing organization that meets the requirements of § 390.107 and that has electronically forwarded to FMCSA the applicant's completed test information no more than 3 years after completion of the training program required by paragraph (a)(3) of this section. (b) If a person has medical examiner certification from FMCSA, then to renew such certification the medical examiner must remain qualified under paragraph (a)(1) of this section and complete additional testing and training as required by § 390.111(a)(5). | |||
| 49:49:5.1.1.2.32.4.13.3 | 49 | Transportation | III | B | 390 | PART 390—FEDERAL MOTOR CARRIER SAFETY REGULATIONS; GENERAL | D | Subpart D—National Registry of Certified Medical Examiners | § 390.105 Medical examiner training programs. | FHWA | An applicant for medical examiner certification must complete a training program that: (a) Is conducted by a training provider that: (1) Is accredited by a nationally recognized medical profession accrediting organization to provide continuing education units; and (2) Meets the following administrative requirements: (i) Provides training participants with proof of participation. (ii) Provides FMCSA point of contact information to training participants. (b) Provides training to medical examiners on the following topics: (1) Background, rationale, mission, and goals of the FMCSA medical examiner's role in reducing crashes, injuries, and fatalities involving commercial motor vehicles. (2) Familiarization with the responsibilities and work environment of commercial motor vehicle operation. (3) Identification of the operator and obtaining, reviewing, and documenting operator medical history, including prescription and over-the-counter medications. (4) Performing, reviewing, and documenting the operator's medical examination. (5) Performing, obtaining, and documenting additional diagnostic tests or medical opinion from a medical specialist or treating physician. (6) Informing and educating the operator about medications and non-disqualifying medical conditions that require remedial care. (7) Determining operator certification outcome and period for which certification should be valid. (8) FMCSA reporting and documentation requirements. Guidance on the core curriculum specifications for use by training providers is available from FMCSA. | ||||
| 49:49:5.1.1.2.32.4.13.4 | 49 | Transportation | III | B | 390 | PART 390—FEDERAL MOTOR CARRIER SAFETY REGULATIONS; GENERAL | D | Subpart D—National Registry of Certified Medical Examiners | § 390.107 Medical examiner certification testing. | FHWA | [77 FR 24127, Apr. 20, 2012, as amended at 78 FR 58483, Sept. 24, 2013] | An applicant for medical examiner certification or recertification must apply, in accordance with the minimum specifications for application elements established by FMCSA, to a testing organization that meets the following criteria: (a) The testing organization has documented policies and procedures that: (1) Use secure protocols to access, process, store, and transmit all test items, test forms, test data, and candidate information and ensure access by authorized personnel only. (2) Ensure testing environments are reasonably comfortable and have minimal distractions. (3) Prevent to the greatest extent practicable the opportunity for a test taker to attain a passing score by fraudulent means. (4) Ensure that test center staff who interact with and proctor examinees or provide technical support have completed formal training, demonstrate competency, and are monitored periodically for quality assurance in testing procedures. (5) Accommodate testing of individuals with disabilities or impairments to minimize the effect of the disabilities or impairments while maintaining the security of the test and data. (b) Testing organizations that offer testing of examinees not at locations that are operated and staffed by the organizations but by means of remote, computer-based systems must, in addition to the requirements of paragraph (a) of this section, ensure that such systems: (1) Provide a means to authenticate the identity of the person taking the test. (2) Provide a means for the testing organization to monitor the activity of the person taking the test. (3) Do not allow the person taking the test to reproduce or record the contents of the test by any means. (c) The testing organization has submitted its documented policies and procedures as defined in paragraph (a) of this section and, if applicable, paragraph (b) of this section to FMCSA and agreed to future reviews by FMCSA to ensure compliance with the criteria listed in this section. (d) The testing organization administers only the currently authorize… | |||
| 49:49:5.1.1.2.32.4.13.5 | 49 | Transportation | III | B | 390 | PART 390—FEDERAL MOTOR CARRIER SAFETY REGULATIONS; GENERAL | D | Subpart D—National Registry of Certified Medical Examiners | § 390.109 Issuance of the FMCSA medical examiner certification credential. | FHWA | [77 FR 24127, Apr. 20, 2012, as amended at 83 FR 26860, June 11, 2018] | Upon compliance with the requirements of § 390.103(a) or (b), FMCSA will issue to a medical examiner applicant an FMCSA medical examiner certification credential and will add the medical examiner's name to the National Registry of Certified Medical Examiners. The certification credential will expire 10 years after the date of its issuance. | |||
| 49:49:5.1.1.2.32.4.13.6 | 49 | Transportation | III | B | 390 | PART 390—FEDERAL MOTOR CARRIER SAFETY REGULATIONS; GENERAL | D | Subpart D—National Registry of Certified Medical Examiners | § 390.111 Requirements for continued listing on the National Registry of Certified Medical Examiners. | FHWA | [77 FR 24127, Apr. 20, 2012, as amended at 83 FR 26860, June 11, 2018] | (a) To continue to be listed on the National Registry of Certified Medical Examiners, each medical examiner must: (1) Continue to meet the requirements of §§ 390.103 through 390.115 and the applicable requirements of part 391 of this chapter. (2) Report to FMCSA any changes in the registration information submitted under § 390.103(a)(2) within 30 days of the change. (3) Continue to be licensed, certified, or registered, and authorized to perform physical examinations, in accordance with the applicable laws and regulations of each State in which the medical examiner performs examinations. (4) Maintain documentation of State licensure, registration, or certification to perform physical examinations for each State in which the examiner performs examinations and maintain documentation of and completion of all training required by this section and § 390.105. The medical examiner must make this documentation available to an authorized representative of FMCSA or an authorized representative of Federal, State, or local government. The medical examiner must provide this documentation within 48 hours of the request for investigations and within 10 days of the request for regular audits of eligibility. (5) Maintain medical examiner certification by completing training and testing according to the following schedule: (i) No sooner than 4 years and no later than 5 years after the date of issuance of the medical examiner certification credential, complete periodic training as specified by FMCSA. (ii) No sooner than 9 years and no later than 10 years after the date of issuance of the medical examiner certification credential: (A) Complete periodic training as specified by FMCSA; and (B) Pass the test required by § 390.103(a)(4). (b) FMCSA will issue a new medical examiner certification credential valid for 10 years to a medical examiner who complies with paragraphs (a)(1) through (4) of this section and who successfully completes the training and testing as required by paragraphs (a)(5)(i) and (ii) of this section. | |||
| 49:49:5.1.1.2.32.4.13.7 | 49 | Transportation | III | B | 390 | PART 390—FEDERAL MOTOR CARRIER SAFETY REGULATIONS; GENERAL | D | Subpart D—National Registry of Certified Medical Examiners | § 390.113 Reasons for removal from the National Registry of Certified Medical Examiners. | FHWA | [77 FR 24127, Apr. 20, 2012, as amended at 83 FR 26860, June 11, 2018] | FMCSA may remove a medical examiner from the National Registry of Certified Medical Examiners when a medical examiner fails to meet or maintain the qualifications established by §§ 390.103 through 390.115, the requirements of other regulations applicable to the medical examiner, or otherwise does not meet the requirements of 49 U.S.C. 31149. The reasons for removal may include, but are not limited to: (a) The medical examiner fails to comply with the requirements for continued listing on the National Registry of Certified Medical Examiners, as described in § 390.111. (b) FMCSA finds that there are errors, omissions, or other indications of improper certification by the medical examiner of an operator in either the completed Medical Examination Reports or the medical examiner's certificates. (c) The FMCSA determines the medical examiner issued a medical examiner's certificate to an operator of a commercial motor vehicle who failed to meet the applicable standards at the time of the examination. (d) The medical examiner fails to comply with the examination requirements in § 391.43 of this chapter. (e) The medical examiner falsely claims to have completed training in physical and medical examination standards as required by §§ 390.103 through 390.115. | |||
| 49:49:5.1.1.2.32.4.13.8 | 49 | Transportation | III | B | 390 | PART 390—FEDERAL MOTOR CARRIER SAFETY REGULATIONS; GENERAL | D | Subpart D—National Registry of Certified Medical Examiners | § 390.115 Procedure for removal from the National Registry of Certified Medical Examiners. | FHWA | [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] | (a) Voluntary removal. To be voluntarily removed 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. On and after the date of issuance of a notice of proposed removal from the National Registry of Certified Medical Examiners, as described in paragraph (b) of this section, however, FMCSA will not approve the medical examiner's request for voluntary removal from the National Registry of Certified Medical Examiners. (b) Notice of proposed removal. Except as provided by paragraphs (a) and (e) of this section, FMCSA initiates the process for removal of a medical examiner from the National Registry of Certified Medical Examiners by issuing a written notice of proposed removal to the medical examiner, stating the reasons that removal is proposed under § 390.113 and any corrective actions necessary for the medical examiner to remain listed on the National Registry of Certified Medical Examiners. (c) Response to notice of proposed removal and corrective action. A medical examiner who has received a notice of proposed removal from the National Registry of Certified Medical Examiners must submit any written response to FMCSA no later than 30 days after the date of issuance of the notice of proposed removal. The response must indicate either that the medical examiner believes FMCSA has relied on erroneous reasons, in whole or in part, in proposing removal from the National Registry of Certified Medical Examiners, as described in paragraph (c)(1) of this section, or that the medical examiner will comply and take any corrective action specified in the notice of proposed removal, as described in paragraph (c)(2) of this section. (1) Opposing a notice of proposed removal. If the medical examiner believes FMCSA has relied on an erroneous reason, in whole or in part, in proposing removal from the National Registry of Certified Medical Examiners, the… | |||
| 49:49:5.1.1.2.32.4.14.10 | 49 | Transportation | III | B | 390 | PART 390—FEDERAL MOTOR CARRIER SAFETY REGULATIONS; GENERAL | D | Subpart D—National Registry of Certified Medical Examiners | § 390.125 Qualified VA examiner certification training. | FHWA | [89 FR 90622, Nov. 18, 2024] | A qualified VA examiner applying for certification under §§ 390.123 through 390.135 must complete training developed and provided by FMCSA through the National Registry of Certified Medical Examiners system. | |||
| 49:49:5.1.1.2.32.4.14.11 | 49 | Transportation | III | B | 390 | PART 390—FEDERAL MOTOR CARRIER SAFETY REGULATIONS; GENERAL | D | Subpart D—National Registry of Certified Medical Examiners | § 390.127 Qualified VA examiner certification testing. | FHWA | [89 FR 90622, Nov. 18, 2024] | To receive medical examiner certification from FMCSA under §§ 390.123 through 390.135, a qualified VA examiner must pass the medical examiner certification test developed and provided by FMCSA through the National Registry of Certified Medical Examiners system. | |||
| 49:49:5.1.1.2.32.4.14.12 | 49 | Transportation | III | B | 390 | PART 390—FEDERAL MOTOR CARRIER SAFETY REGULATIONS; GENERAL | D | Subpart D—National Registry of Certified Medical Examiners | § 390.129 Issuance of the FMCSA medical examiner certification credential. | FHWA | Upon compliance with the requirements of § 390.123(a) or (b), FMCSA will issue to a qualified VA examiner or certified VA medical examiner, as applicable, an FMCSA medical examiner certification credential and will add the certified VA medical examiner's name to the National Registry of Certified Medical Examiners. The certification credential will expire 10 years after the date of its issuance. | ||||
| 49:49:5.1.1.2.32.4.14.13 | 49 | Transportation | III | B | 390 | PART 390—FEDERAL MOTOR CARRIER SAFETY REGULATIONS; GENERAL | D | Subpart D—National Registry of Certified Medical Examiners | § 390.131 Requirements for continued listing of a certified VA medical examiner on the National Registry of Certified Medical Examiners. | FHWA | (a) To continue to be listed on the National Registry of Certified Medical Examiners, each certified VA medical examiner must: (1) Continue to meet the requirements of §§ 390.123 through 390.135 and the applicable requirements of part 391 of this chapter. (2) Report to FMCSA any changes in the registration information submitted under § 390.123(a)(3) within 30 days of the change. (3) Continue to be licensed, certified, or registered, and authorized to perform physical examinations, in accordance with the laws and regulations of a State. (4) Maintain documentation of licensure, registration, or certification in a State to perform physical examinations and maintain documentation of and completion of all training required by this section and § 390.125. The certified VA medical examiner must make this documentation available to an authorized representative of FMCSA or an authorized representative of Federal, State, or local government. The certified VA medical examiner must provide this documentation within 48 hours of the request for investigations and within 10 days of the request for regular audits of eligibility. (5) Maintain medical examiner certification by completing training and testing according to the following schedule: (i) No sooner than 4 years and no later than 5 years after the date of issuance of the medical examiner certification credential, complete periodic training as specified by FMCSA. (ii) No sooner than 9 years and no later than 10 years after the date of issuance of the medical examiner certification credential: (A) Complete periodic training as specified by FMCSA; and (B) Pass the test required by § 390.123(a)(5). (b) FMCSA will issue a new medical examiner certification credential valid for 10 years to a certified VA medical examiner who complies with paragraphs (a)(1) through (4) of this section and who successfully completes the training and testing as required by paragraphs (a)(5)(i) and (ii) of this section. (c) A certified VA medical examiner must report to FMCSA within 30 da… | ||||
| 49:49:5.1.1.2.32.4.14.14 | 49 | Transportation | III | B | 390 | PART 390—FEDERAL MOTOR CARRIER SAFETY REGULATIONS; GENERAL | D | Subpart D—National Registry of Certified Medical Examiners | § 390.133 Reasons for removal of a certified VA medical examiner from the National Registry of Certified Medical Examiners. | FHWA | FMCSA may remove a certified VA medical examiner from the National Registry of Certified Medical Examiners when a certified VA medical examiner fails to meet or maintain the qualifications established by §§ 390.123 through 390.135, the requirements of other regulations applicable to the certified VA medical examiner, or otherwise does not meet the requirements of 49 U.S.C. 31149. The reasons for removal may include, but are not limited to: (a) The certified VA medical examiner fails to comply with the requirements for continued listing on the National Registry of Certified Medical Examiners, as described in § 390.131. (b) FMCSA finds that there are errors, omissions, or other indications of improper certification by the certified VA medical examiner of an operator in either the completed Medical Examination Reports or the medical examiner's certificates. (c) The FMCSA determines the certified VA medical examiner issued a medical examiner's certificate to an operator of a commercial motor vehicle who failed to meet the applicable standards at the time of the examination. (d) The certified VA medical examiner fails to comply with the examination requirements in § 391.43 of this chapter. (e) The certified VA medical examiner falsely claims to have completed training in physical and medical examination standards as required by §§ 390.123 through 390.135. | ||||
| 49:49:5.1.1.2.32.4.14.15 | 49 | Transportation | III | B | 390 | PART 390—FEDERAL MOTOR CARRIER SAFETY REGULATIONS; GENERAL | D | Subpart D—National Registry of Certified Medical Examiners | § 390.135 Procedure for removal of a certified VA medical examiner from the National Registry of Certified Medical Examiners. | FHWA | [83 FR 26861, June 11, 2018, as amended at 86 FR 57074, Oct. 14, 2021] | (a) Voluntary removal. To be voluntarily removed from the National Registry of Certified Medical Examiners, a certified VA 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. Except as provided in paragraph (b) of this section, FMCSA will accept the request and the removal will become effective immediately. On and after the date of issuance of a notice of proposed removal from the National Registry of Certified Medical Examiners, as described in paragraph (b) of this section, however, FMCSA will not approve the certified VA medical examiner's request for voluntary removal from the National Registry of Certified Medical Examiners. (b) Notice of proposed removal. Except as provided by paragraphs (a) and (e) of this section, FMCSA initiates the process for removal of a certified VA medical examiner from the National Registry of Certified Medical Examiners by issuing a written notice of proposed removal to the certified VA medical examiner, stating the reasons that removal is proposed under § 390.133 and any corrective actions necessary for the certified VA medical examiner to remain listed on the National Registry of Certified Medical Examiners. (c) Response to notice of proposed removal and corrective action. A certified VA medical examiner who has received a notice of proposed removal from the National Registry of Certified Medical Examiners must submit any written response to the FMCSA no later than 30 days after the date of issuance of the notice of proposed removal. The response must indicate either that the certified VA medical examiner believes FMCSA has relied on erroneous reasons, in whole or in part, in proposing removal from the National Registry of Certified Medical Examiners, as described in paragraph (c)(1) of this section, or that the certified VA medical examiner will comply and take any corrective action specified in the notice of proposed removal, as described in paragraph (c)(2)… | |||
| 49:49:5.1.1.2.32.4.14.9 | 49 | Transportation | III | B | 390 | PART 390—FEDERAL MOTOR CARRIER SAFETY REGULATIONS; GENERAL | D | Subpart D—National Registry of Certified Medical Examiners | § 390.123 Medical examiner certification for qualified Department of Veterans Affairs examiners. | FHWA | (a) For a qualified VA examiner to receive medical examiner certification from FMCSA under §§ 390.123 through 390.135, a person must: (1) Be an advanced practice nurse, doctor of chiropractic, doctor of medicine, doctor of osteopathy, physician assistant, or other medical professional employed in the Department of Veterans Affairs; (2) Be licensed, certified, or registered in a State to perform physical examinations; (3) Register on the National Registry website and receive a National Registry number before taking the training that meets the requirements of § 390.125; (4) Be familiar with FMCSA's standards for, and physical requirements of, a commercial motor vehicle operator requiring medical certification, by completing the training program that meets the requirements of § 390.125; (5) Pass the medical examiner certification test provided by FMCSA, administered in accordance with § 390.127, and has had his or her test information forwarded to FMCSA; and (6) Never have been found to have acted fraudulently with respect to any certification of a commercial motor vehicle operator, including by fraudulently awarding a medical certificate. (b) If a person becomes a certified VA medical examiner under §§ 390.123 through 390.135, then to renew such certification the certified VA medical examiner must remain qualified under paragraphs (a)(1) and (2) of this section and complete additional testing and training as required by § 390.131(a)(5). | ||||
| 49:49:5.1.1.2.32.5.15.1 | 49 | Transportation | III | B | 390 | PART 390—FEDERAL MOTOR CARRIER SAFETY REGULATIONS; GENERAL | E | Subpart E—Unified Registration System | § 390.200T USDOT Registration. | FHWA | [82 FR 5318, Jan. 17, 2017, as amended at 88 FR 80184, Nov. 17, 2023] | (a) Purpose. This section establishes who must register with FMCSA using the Form MCSA-1, the URS online application, beginning January 14, 2017. (b) Applicability. Notwithstanding any other provisions of this part or 49 CFR 385.305T(b)(2), a new applicant private motor carrier or new applicant exempt for-hire motor carrier subject to the requirements of this subchapter must file Form MCSA-1 with FMCSA to identify its operations with the Federal Motor Carrier Safety Administration for safety oversight. Form MCSA-1 is the URS online application, and both the application and its instructions are available from the FMCSA website at https://www.fmcsa.dot.gov/urs. (c) Definition. For purposes of this section, a “new applicant” is an entity applying for operating authority registration and a USDOT number who does not at the time of application have an active registration or USDOT, Motor Carrier (MC), Mexican owned or controlled (MX), or Freight Forwarder (FF) number, and who has never had an active registration or USDOT, MC, MX, or FF number. | |||
| 49:49:5.1.1.2.32.5.15.2 | 49 | Transportation | III | B | 390 | PART 390—FEDERAL MOTOR CARRIER SAFETY REGULATIONS; GENERAL | E | Subpart E—Unified Registration System | § 390.201 USDOT Registration. | FHWA | [80 FR 63712, Oct. 21, 2015, as amended at 88 FR 80184, Nov. 17, 2023] | (a) Purpose. This section establishes who must register with FMCSA under the Unified Registration System, the filing schedule, and general information pertaining to persons subject to the Unified Registration System registration requirements. (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 that participates 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 file Form MCSA-1, the URS online application, with FMCSA to: (i) Identify its operations with the Federal Motor Carrier Safety Administration for safety oversight, as applicable; (ii) Obtain operating authority 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 requirements under 49 CFR 107.502 and 49 U.S.C. 5108 must satisfy those requirements by electronically filing Form MCSA-1, the URS online application, with FMCSA. (c) General. (1)(i) A person that fails to file Form MCSA-1, the URS online application, pursuant to paragraph (d)(1) of this section is subject to the penalties prescribed in 49 U.S.C. 521(b)(2)(B) or 49 U.S.C. 14901(a), as appropriate. (ii) A person that fails to complete biennial updates to the information pursuant to paragraph (d)(2) of this section is subject to the penalties prescribed in 49 U.S.C. 521(b)(2)(B) or 49 U.S.C. 14901(a), as appropriate, and deactivation of its USDOT Number. (iii) A person that furnishes misleading information or makes false statements upon Form MCSA-1, the URS online application, is subj… | |||
| 49:49:5.1.1.2.32.5.15.3 | 49 | Transportation | III | B | 390 | PART 390—FEDERAL MOTOR CARRIER SAFETY REGULATIONS; GENERAL | E | Subpart E—Unified Registration System | § 390.203 PRISM State registration/biennial updates. | FHWA | (a) A motor carrier that registers its vehicles in a State that participates in the Performance and Registration Information Systems Management (PRISM) program (authorized under section 4004 of the Transportation Equity Act for the 21st Century [Public Law 105-178, 112 Stat. 107]) alternatively may satisfy the requirements set forth in § 390.201 by electronically filing all the required USDOT registration and biennial update information with the State according to its policies and procedures, provided the State has integrated the USDOT registration/update capability into its vehicle registration program. (b) If the State procedures do not allow a motor carrier to file the Form MCSA-1, the URS online application, or to submit updates within the period specified in § 390.201(d)(2), a motor carrier must complete such filings directly with 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 before operating in interstate commerce. | ||||
| 49:49:5.1.1.2.32.5.15.4 | 49 | Transportation | III | B | 390 | PART 390—FEDERAL MOTOR CARRIER SAFETY REGULATIONS; GENERAL | E | Subpart E—Unified Registration System | § 390.205 Special requirements for registration. | FHWA | (a)(1) General. A person applying to operate as a motor carrier, broker, or freight forwarder under this subpart must make the additional filings described in paragraphs (a)(2) and (a)(3) of this section as a condition for registration under this subpart within 90 days of the date on which the application is filed: (2) Evidence of financial responsibility. (i) A person that registers to conduct operations in interstate commerce as a for-hire motor carrier, a broker, or a freight forwarder must file evidence of financial responsibility as required under part 387, subparts C and D of this subchapter. (ii) A person that registers 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 file 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) following 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 expiration of the protest period provided in § 365.115 of this subchapter or—if a protest is received—after FMCSA denies or rejects the protest, as applicable. | ||||
| 49:49:5.1.1.2.32.5.15.5 | 49 | Transportation | III | B | 390 | PART 390—FEDERAL MOTOR CARRIER SAFETY REGULATIONS; GENERAL | E | Subpart E—Unified Registration System | § 390.207 Other governing regulations. | FHWA | (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 who applies 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. | ||||
| 49:49:5.1.1.2.32.5.15.6 | 49 | Transportation | III | B | 390 | PART 390—FEDERAL MOTOR CARRIER SAFETY REGULATIONS; GENERAL | E | Subpart E—Unified Registration System | § 390.209 Pre-authorization safety audit. | FHWA | A non-North America-domiciled motor carrier seeking to provide transportation of property or passengers in interstate commerce within the United States must pass the pre-authorization safety audit under § 385.607(c) of this subchapter as a condition for receiving registration under this part. | ||||
| 49:49:5.1.1.2.32.7.15.1 | 49 | Transportation | III | B | 390 | PART 390—FEDERAL MOTOR CARRIER SAFETY REGULATIONS; GENERAL | G | Subpart G—Lease and Interchange of Passenger-Carrying Commercial Motor Vehicles | § 390.401 Applicability. | FHWA | (a) General. Beginning on January 1, 2021, and except as provided in paragraphs (b)(1) and (2) of this section, this subpart applies to the following actions, irrespective of duration, or the presence or absence of compensation, by motor carriers operating commercial motor vehicles to transport passengers: (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 motor carriers of passengers with active passenger carrier operating authority registrations. This subpart does not apply to contracts and agreements between motor carriers of passengers that have active passenger carrier operating authority registrations with the Federal Motor Carrier Safety Administration when one such motor carrier acquires transportation service(s) from another such motor carrier(s). (2) Financial leases. This subpart does not apply to a contract (however designated, e.g., lease, closed-end lease, hire purchase, lease purchase, purchase agreement, installment plan, demonstration or loaner vehicle, etc.) between a motor carrier and a bank or similar financial organization or a manufacturer or dealer of passenger-carrying commercial motor vehicles allowing the motor carrier to use the passenger-carrying commercial motor vehicle. (c) Penalties. If the use of a passenger-carrying commercial motor vehicle is conferred on one motor carrier subject to this subpart by another such motor carrier without a lease or interchange agreement, or pursuant to a lease or interchange agreement that fails to meet all applicable requirements of subpart G, both motor carriers shall be subject to a civil penalty. | ||||
| 49:49:5.1.1.2.32.7.15.2 | 49 | Transportation | III | B | 390 | PART 390—FEDERAL MOTOR CARRIER SAFETY REGULATIONS; GENERAL | G | Subpart G—Lease and Interchange of Passenger-Carrying Commercial Motor Vehicles | § 390.403 Lease and interchange requirements. | FHWA | Beginning on January 1, 2021, and except as provided in § 390.401(b) of this section, a motor carrier may transport passengers in a leased or interchanged commercial motor vehicle only under the following conditions: (a) In general —(1) Lease or agreement required. There shall be in effect either: (i) A lease granting the use of the passenger-carrying commercial motor vehicle and meeting the conditions of paragraphs (b) and (c) of this section. The provisions of the lease shall be adhered to and performed by the lessee; or (ii) An agreement meeting the conditions of paragraphs (b) and (c) of this section and governing the interchange of passenger-carrying commercial motor vehicles between motor carriers of passengers conducting service on a route or series of routes. The provisions of the interchange agreement shall be adhered to and performed by the lessee. (2) Exception. When an event occurs ( e.g., a crash, the vehicle is disabled) that requires a motor carrier of passengers immediately to obtain a replacement vehicle from another motor carrier of passengers, the two carriers may postpone the writing of the lease or written agreement for the replacement vehicle for up to 48 hours after the time the lessee takes exclusive possession and control of the replacement vehicle. However, during that 48-hour period, until the lease or agreement is written and provided to the driver, the driver must carry, and produce upon demand of an enforcement official, a document signed and dated by the lessee's driver or available company official stating: “[Carrier A, USDOT number, telephone number] has leased this vehicle to [Carrier B, USDOT number, telephone number] pursuant to 49 CFR 390.403(a)(2).” (b) Contents of the lease. The lease or interchange agreement required by paragraph (a) of this section shall contain: (1) Vehicle identification information. The name of the vehicle manufacturer, the year of manufacture, and at least the last 6 digits of the Vehicle Identification Number (VIN) of each passenger-ca… |
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CREATE TABLE cfr_sections (
section_id TEXT PRIMARY KEY,
title_number INTEGER,
title_name TEXT,
chapter TEXT,
subchapter TEXT,
part_number TEXT,
part_name TEXT,
subpart TEXT,
subpart_name TEXT,
section_number TEXT,
section_heading TEXT,
agency TEXT,
authority TEXT,
source_citation TEXT,
amendment_citations TEXT,
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CREATE INDEX idx_cfr_title ON cfr_sections(title_number);
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CREATE INDEX idx_cfr_agency ON cfr_sections(agency);