cfr_sections
Data license: Public Domain (U.S. Government data) · Data source: Federal Register API & Regulations.gov API
50 rows where part_number = 392 sorted by section_id
This data as json, CSV (advanced)
Suggested facets: title_name, subchapter, part_name, subpart, subpart_name, amendment_citations
| 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 |
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
| 49:49:5.1.1.2.34.1.15.1 | 49 | Transportation | III | B | 392 | PART 392—DRIVING OF COMMERCIAL MOTOR VEHICLES | A | Subpart A—General | § 392.1 Scope of the rules in this part. | FHWA | [53 FR 18057, May 19, 1988, as amended at 60 FR 38746, July 28, 1995; 81 FR 47721, July 22, 2016] | (a) Every motor carrier, its officers, agents, representatives, and employees responsible for the management, maintenance, operation, or driving of commercial motor vehicles, or the hiring, supervising, training, assigning, or dispatching of drivers, shall be instructed in and comply with the rules in this part. (b) The rules in this part do not apply to drivers of “pipeline welding trucks” as defined in 49 CFR 390.38(b). | |||
| 49:49:5.1.1.2.34.1.15.10 | 49 | Transportation | III | B | 392 | PART 392—DRIVING OF COMMERCIAL MOTOR VEHICLES | A | Subpart A—General | § 392.9a Operating authority. | FHWA | [71 FR 50867, Aug. 28, 2006, as amended at 78 FR 60233, Oct. 1, 2013] | (a) Operating authority required. A motor vehicle providing transportation requiring operating authority must not be operated— (1) Without the required operating authority or (2) Beyond the scope of the operating authority granted. (b) Penalties. Every motor carrier providing transportation requiring operating authority shall be ordered out of service if it is determined that the motor carrier is operating a vehicle in violation of paragraph (a) of this section. In addition, the motor carrier may be subject to penalties in accordance with 49 U.S.C. 14901. (c) Administrative review. Upon issuance of the out-of-service order under paragraph (b) of this section, the driver shall comply immediately with such order. Opportunity for review shall be provided in accordance with 5 U.S.C. 554 not later than 10 days after issuance of such order. | |||
| 49:49:5.1.1.2.34.1.15.11 | 49 | Transportation | III | B | 392 | PART 392—DRIVING OF COMMERCIAL MOTOR VEHICLES | A | Subpart A—General | § 392.9b Prohibited transportation. | FHWA | [78 FR 52655, Aug. 23, 2013, as amended at 81 FR 68358, Oct. 4, 2016] | (a) Safety registration required. A commercial motor vehicle providing transportation in interstate commerce must not be operated without a safety registration and an active USDOT Number. (b) Penalties. If it is determined that the motor carrier responsible for the operation of such a vehicle is operating in violation of paragraph (a) of this section, it may be subject to penalties in accordance with 49 U.S.C. 521. | |||
| 49:49:5.1.1.2.34.1.15.2 | 49 | Transportation | III | B | 392 | PART 392—DRIVING OF COMMERCIAL MOTOR VEHICLES | A | Subpart A—General | § 392.2 Applicable operating rules. | FHWA | [35 FR 7800, May 21, 1970, as amended at 60 FR 38746, July 28, 1995; 66 FR 49874, Oct. 1, 2001] | Every commercial motor vehicle must be operated in accordance with the laws, ordinances, and regulations of the jurisdiction in which it is being operated. However, if a regulation of the Federal Motor Carrier Safety Administration imposes a higher standard of care than that law, ordinance or regulation, the Federal Motor Carrier Safety Administration regulation must be complied with. | |||
| 49:49:5.1.1.2.34.1.15.3 | 49 | Transportation | III | B | 392 | PART 392—DRIVING OF COMMERCIAL MOTOR VEHICLES | A | Subpart A—General | § 392.3 Ill or fatigued operator. | FHWA | [35 FR 7800, May 21, 1970, as amended at 60 FR 38746, July 28, 1995] | No driver shall operate a commercial motor vehicle, and a motor carrier shall not require or permit a driver to operate a commercial motor vehicle, while the driver's ability or alertness is so impaired, or so likely to become impaired, through fatigue, illness, or any other cause, as to make it unsafe for him/her to begin or continue to operate the commercial motor vehicle. However, in a case of grave emergency where the hazard to occupants of the commercial motor vehicle or other users of the highway would be increased by compliance with this section, the driver may continue to operate the commercial motor vehicle to the nearest place at which that hazard is removed. | |||
| 49:49:5.1.1.2.34.1.15.4 | 49 | Transportation | III | B | 392 | PART 392—DRIVING OF COMMERCIAL MOTOR VEHICLES | A | Subpart A—General | § 392.4 Drugs and other substances. | FHWA | [61 FR 9567, Mar. 8, 1996, as amended at 62 FR 37153, July 11, 1997] | (a) No driver shall be on duty and possess, be under the influence of, or use, any of the following drugs or other substances: (1) Any 21 CFR 1308.11 Schedule I substance; (2) An amphetamine or any formulation thereof (including, but not limited, to “pep pills,” and “bennies”); (3) A narcotic drug or any derivative thereof; or (4) Any other substance, to a degree which renders the driver incapable of safely operating a motor vehicle. (b) No motor carrier shall require or permit a driver to violate paragraph (a) of this section. (c) Paragraphs (a) (2), (3), and (4) do not apply to the possession or use of a substance administered to a driver by or under the instructions of a licensed medical practitioner, as defined in § 382.107 of this subchapter, who has advised the driver that the substance will not affect the driver's ability to safely operate a motor vehicle. (d) As used in this section, “possession” does not include possession of a substance which is manifested and transported as part of a shipment. | |||
| 49:49:5.1.1.2.34.1.15.5 | 49 | Transportation | III | B | 392 | PART 392—DRIVING OF COMMERCIAL MOTOR VEHICLES | A | Subpart A—General | § 392.5 Alcohol prohibition. | FHWA | [47 FR 47837, Oct. 28, 1982, as amended at 52 FR 27201, July 20, 1987; 59 FR 7515, Feb. 15, 1994; 61 FR 9567, Mar. 8, 1996; 66 FR 49874, Oct. 1, 2001; 79 FR 59457, Oct. 2, 2014] | (a) No driver shall— (1) Use alcohol, as defined in § 382.107 of this subchapter, or be under the influence of alcohol, within 4 hours before going on duty or operating, or having physical control of, a commercial motor vehicle; or (2) Use alcohol, be under the influence of alcohol, or have any measured alcohol concentration or detected presence of alcohol, while on duty, or operating, or in physical control of a commercial motor vehicle; or (3) Be on duty or operate a commercial motor vehicle while the driver possesses wine of not less than one-half of one per centum of alcohol by volume, beer as defined in 26 U.S.C. 5052(a), of the Internal Revenue Code of 1954, or distilled spirits as defined in section 5002(a)(8), of such Code. However, this does not apply to possession of wine, beer, or distilled spirits which are: (i) Manifested and transported as part of a shipment; or (ii) Possessed or used by bus passengers. (b) No motor carrier shall require or permit a driver to— (1) Violate any provision of paragraph (a) of this section; or (2) Be on duty or operate a commercial motor vehicle if, by the driver's general appearance or conduct or by other substantiating evidence, the driver appears to have used alcohol within the preceding four hours. (c) Any driver who is found to be in violation of the provisons of paragraph (a) or (b) of this section shall be placed out-of-service immediately for a period of 24 hours. (1) The 24-hour out-of-service period will commence upon issuance of an out-of-service order. (2) No driver shall violate the terms of an out-of-service order issued under this section. (d) Any driver who is issued an out-of-service order under this section shall: (1) Report such issuance to his/her employer within 24 hours; and (2) Report such issuance to a State official, designated by the State which issued his/her driver's license, within 30 days unless the driver chooses to request a review of the order. In this case, the driver shall report the order to the State official within 30 d… | |||
| 49:49:5.1.1.2.34.1.15.6 | 49 | Transportation | III | B | 392 | PART 392—DRIVING OF COMMERCIAL MOTOR VEHICLES | A | Subpart A—General | § 392.6 Schedules to conform with speed limits. | FHWA | [33 FR 19732, Dec. 25, 1968, as amended at 60 FR 38746, July 28, 1995] | No motor carrier shall schedule a run nor permit nor require the operation of any commercial motor vehicle between points in such period of time as would necessitate the commercial motor vehicle being operated at speeds greater than those prescribed by the jurisdictions in or through which the commercial motor vehicle is being operated. | |||
| 49:49:5.1.1.2.34.1.15.7 | 49 | Transportation | III | B | 392 | PART 392—DRIVING OF COMMERCIAL MOTOR VEHICLES | A | Subpart A—General | § 392.7 Equipment, inspection and use. | FHWA | [33 FR 19732, Dec. 25, 1968, as amended at 60 FR 38746, July 28, 1995; 66 FR 49874, Oct. 1, 2001; 73 FR 76823, Dec. 17, 2008; 74 FR 68708, Dec. 29, 2009; 79 FR 75449, Dec. 18, 2014] | (a) No commercial motor vehicle shall be driven unless the driver is satisfied that the following parts and accessories are in good working order, nor shall any driver fail to use or make use of such parts and accessories when and as needed: Service brakes, including trailer brake connections. Parking (hand) brake. Steering mechanism. Lighting devices and reflectors. Tires. Horn. Windshield wiper or wipers. Rear-vision mirror or mirrors. Coupling devices. Wheels and rims. Emergency equipment. Service brakes, including trailer brake connections. Parking (hand) brake. Steering mechanism. Lighting devices and reflectors. Tires. Horn. Windshield wiper or wipers. Rear-vision mirror or mirrors. Coupling devices. Wheels and rims. Emergency equipment. (b) Drivers preparing to transport intermodal equipment must make an inspection of the following components, and must be satisfied they are in good working order before the equipment is operated over the road. Drivers who operate the equipment over the road shall be deemed to have confirmed the following components were in good working order when the driver accepted the equipment: —Service brake components that are readily visible to a driver performing as thorough a visual inspection as possible without physically going under the vehicle, and trailer brake connections —Lighting devices, lamps, markers, and conspicuity marking material —Wheels, rims, lugs, tires —Air line connections, hoses, and couplers —King pin upper coupling device —Rails or support frames —Tie down bolsters —Locking pins, clevises, clamps, or hooks —Sliders or sliding frame lock —Service brake components that are readily visible to a driver performing as thorough a visual inspection as possible without physically going under the vehicle, and trailer brake connections —Lighting devices, lamps, markers, and conspicuity marking material —Wheels, rims, lugs, tires —Air line connections, hoses, and couplers —King pin upper coupling dev… | |||
| 49:49:5.1.1.2.34.1.15.8 | 49 | Transportation | III | B | 392 | PART 392—DRIVING OF COMMERCIAL MOTOR VEHICLES | A | Subpart A—General | § 392.8 Emergency equipment, inspection and use. | FHWA | [49 FR 38290, Sept. 28, 1984, as amended at 60 FR 38746, July 28, 1995] | No commercial motor vehicle shall be driven unless the driver thereof is satisfied that the emergency equipment required by § 393.95 of this subchapter is in place and ready for use; nor shall any driver fail to use or make use of such equipment when and as needed. | |||
| 49:49:5.1.1.2.34.1.15.9 | 49 | Transportation | III | B | 392 | PART 392—DRIVING OF COMMERCIAL MOTOR VEHICLES | A | Subpart A—General | § 392.9 Inspection of cargo, cargo securement devices and systems. | FHWA | [67 FR 61224, Sept. 27, 2002, as amended at 72 FR 55703, Oct. 1, 2007] | (a) General. A driver may not operate a commercial motor vehicle and a motor carrier may not require or permit a driver to operate a commercial motor vehicle unless— (1) The commercial motor vehicle's cargo is properly distributed and adequately secured as specified in §§ 393.100 through 393.136 of this subchapter. (2) The commercial motor vehicle's tailgate, tailboard, doors, tarpaulins, spare tire and other equipment used in its operation, and the means of fastening the commercial motor vehicle's cargo, are secured; and (3) The commercial motor vehicle's cargo or any other object does not obscure the driver's view ahead or to the right or left sides (except for drivers of self-steer dollies), interfere with the free movement of his/her arms or legs, prevent his/her free and ready access to accessories required for emergencies, or prevent the free and ready exit of any person from the commercial motor vehicle's cab or driver's compartment. (b) Drivers of trucks and truck tractors. Except as provided in paragraph (b)(4) of this section, the driver of a truck or truck tractor must— (1) Assure himself/herself that the provisions of paragraph (a) of this section have been complied with before he/she drives that commercial motor vehicle; (2) Inspect the cargo and the devices used to secure the cargo within the first 50 miles after beginning a trip and cause any adjustments to be made to the cargo or load securement devices as necessary, including adding more securement devices, to ensure that cargo cannot shift on or within, or fall from the commercial motor vehicle; and (3) Reexamine the commercial motor vehicle's cargo and its load securement devices during the course of transportation and make any necessary adjustment to the cargo or load securement devices, including adding more securement devices, to ensure that cargo cannot shift on or within, or fall from, the commercial motor vehicle. Reexamination and any necessary adjustments must be made whenever— (i) The driver makes a change of his/her duty s… | |||
| 49:49:5.1.1.2.34.2.15.1 | 49 | Transportation | III | B | 392 | PART 392—DRIVING OF COMMERCIAL MOTOR VEHICLES | B | Subpart B—Driving of Commercial Motor Vehicles | § 392.10 Railroad grade crossings; stopping required. | FHWA | [33 FR 19732, Dec. 25, 1968, as amended at 35 FR 7801, May 21, 1970; 38 FR 1589, Jan. 16, 1973; 40 FR 44555, Sept. 29, 1975; 45 FR 46424, July 10, 1980; 47 FR 47837, Oct. 28, 1982; 59 FR 63924, Dec. 12, 1994; 60 FR 38746, 38747, July 28, 1995; 84 FR 51435, Sept. 30, 2019] | (a) Except as provided in paragraph (b) of this section, the driver of a commercial motor vehicle specified in paragraphs (a) (1) through (6) of this section shall not cross a railroad track or tracks at grade unless he/she first: Stops the commercial motor vehicle within 50 feet of, and not closer than 15 feet to, the tracks; thereafter listens and looks in each direction along the tracks for an approaching train; and ascertains that no train is approaching. When it is safe to do so, the driver may drive the commercial motor vehicle across the tracks in a gear that permits the commercial motor vehicle to complete the crossing without a change of gears. The driver must not shift gears while crossing the tracks. (1) Every bus transporting passengers, (2) Every commercial motor vehicle transporting any quantity of a Division 2.3 chlorine. (3) Every commercial motor vehicle which, in accordance with the regulations of the Department of Transportation, is required to be marked or placarded with one of the following classifications: (i) Division 1.1 (ii) Division 1.2, or Division 1.3 (iii) Division 2.3 Poison gas (iv) Division 4.3 (v) Class 7 (vi) Class 3 Flammable (vii) Division 5.1 (viii) Division 2.2 (ix) Division 2.3 Chlorine (x) Division 6.1 Poison (xi) Division 2.2 Oxygen (xii) Division 2.1 (xiii) Class 3 Combustible liquid (xiv) Division 4.1 (xv) Division 5.1 (xvi) Division 5.2 (xvii) Class 8 (xviii) Division 1.4 (4) Every cargo tank motor vehicle, whether loaded or empty, used for the transportation of any hazardous material as defined in the Hazardous Materials Regulations of the Department of Transportation, parts 107 through 180 of this title. (5) Every cargo tank motor vehicle transporting a commodity which at the time of loading has a temperature above its flashpoint as determined by § 173.120 of this title. (6) Every cargo tank motor vehicle, whether loaded or empty, transporting any commodity under exemption in accordance with the provisions of subpart B of part 107 of this title… | |||
| 49:49:5.1.1.2.34.2.15.2 | 49 | Transportation | III | B | 392 | PART 392—DRIVING OF COMMERCIAL MOTOR VEHICLES | B | Subpart B—Driving of Commercial Motor Vehicles | § 392.11 Railroad grade crossings; slowing down required. | FHWA | [33 FR 19732, Dec. 25, 1968, as amended at 60 FR 38747, July 28, 1995] | Every commercial motor vehicle other than those listed in § 392.10 shall, upon approaching a railroad grade crossing, be driven at a rate of speed which will permit said commercial motor vehicle to be stopped before reaching the nearest rail of such crossing and shall not be driven upon or over such crossing until due caution has been taken to ascertain that the course is clear. | |||
| 49:49:5.1.1.2.34.2.15.3 | 49 | Transportation | III | B | 392 | PART 392—DRIVING OF COMMERCIAL MOTOR VEHICLES | B | Subpart B—Driving of Commercial Motor Vehicles | § 392.12 Highway-rail crossings; safe clearance. | FHWA | [78 FR 58923, Sept. 25, 2013] | No driver of a commercial motor vehicle shall drive onto a highway-rail grade crossing without having sufficient space to drive completely through the crossing without stopping. | |||
| 49:49:5.1.1.2.34.2.15.4 | 49 | Transportation | III | B | 392 | PART 392—DRIVING OF COMMERCIAL MOTOR VEHICLES | B | Subpart B—Driving of Commercial Motor Vehicles | § 392.13 [Reserved] | FHWA | |||||
| 49:49:5.1.1.2.34.2.15.5 | 49 | Transportation | III | B | 392 | PART 392—DRIVING OF COMMERCIAL MOTOR VEHICLES | B | Subpart B—Driving of Commercial Motor Vehicles | § 392.14 Hazardous conditions; extreme caution. | FHWA | [33 FR 19732, Dec. 25, 1968, as amended at 60 FR 38747, July 28, 1995] | Extreme caution in the operation of a commercial motor vehicle shall be exercised when hazardous conditions, such as those caused by snow, ice, sleet, fog, mist, rain, dust, or smoke, adversely affect visibility or traction. Speed shall be reduced when such conditions exist. If conditions become sufficiently dangerous, the operation of the commercial motor vehicle shall be discontinued and shall not be resumed until the commercial motor vehicle can be safely operated. Whenever compliance with the foregoing provisions of this rule increases hazard to passengers, the commercial motor vehicle may be operated to the nearest point at which the safety of passengers is assured. | |||
| 49:49:5.1.1.2.34.2.15.6 | 49 | Transportation | III | B | 392 | PART 392—DRIVING OF COMMERCIAL MOTOR VEHICLES | B | Subpart B—Driving of Commercial Motor Vehicles | § 392.15 Prohibited driving status. | FHWA | [86 FR 55743, Oct. 7, 2021] | No driver, who holds a commercial learner's permit or a commercial driver's license, shall operate a commercial motor vehicle if prohibited by § 382.501(a) of this subchapter. | |||
| 49:49:5.1.1.2.34.2.15.7 | 49 | Transportation | III | B | 392 | PART 392—DRIVING OF COMMERCIAL MOTOR VEHICLES | B | Subpart B—Driving of Commercial Motor Vehicles | § 392.16 Use of seat belts. | FHWA | [81 FR 36479, June 7, 2016; 81 FR 43957, July 6, 2016] | (a) Drivers. No driver shall operate a commercial motor vehicle, and a motor carrier shall not require or permit a driver to operate a commercial motor vehicle, that has a seat belt assembly installed at the driver's seat unless the driver is properly restrained by the seat belt assembly. (b) Passengers. No driver shall operate a property-carrying commercial motor vehicle, and a motor carrier shall not require or permit a driver to operate a property-carrying commercial motor vehicle, that has seat belt assemblies installed at the seats for other occupants of the vehicle unless all other occupants are properly restrained by such seat belt assemblies. | |||
| 49:49:5.1.1.2.34.2.15.8 | 49 | Transportation | III | B | 392 | PART 392—DRIVING OF COMMERCIAL MOTOR VEHICLES | B | Subpart B—Driving of Commercial Motor Vehicles | § 392.18 [Reserved] | FHWA | |||||
| 49:49:5.1.1.2.34.3.15.1 | 49 | Transportation | III | B | 392 | PART 392—DRIVING OF COMMERCIAL MOTOR VEHICLES | C | Subpart C—Stopped Commercial Motor Vehicles | §§ 392.20-392.21 [Reserved] | FHWA | |||||
| 49:49:5.1.1.2.34.3.15.2 | 49 | Transportation | III | B | 392 | PART 392—DRIVING OF COMMERCIAL MOTOR VEHICLES | C | Subpart C—Stopped Commercial Motor Vehicles | § 392.22 Emergency signals; stopped commercial motor vehicles. | FHWA | [37 FR 17175, Aug. 25, 1972, as amended at 40 FR 10685, Mar. 7, 1975; 47 FR 47837, Oct. 28, 1982; 48 FR 57139, Dec. 23, 1983; 59 FR 34711, July 6, 1994; 60 FR 38747, July 28, 1995; 63 FR 33279, June 18, 1998] | (a) Hazard warning signal flashers. Whenever a commercial motor vehicle is stopped upon the traveled portion of a highway or the shoulder of a highway for any cause other than necessary traffic stops, the driver of the stopped commercial motor vehicle shall immediately activate the vehicular hazard warning signal flashers and continue the flashing until the driver places the warning devices required by paragraph (b) of this section. The flashing signals shall be used during the time the warning devices are picked up for storage before movement of the commercial motor vehicle. The flashing lights may be used at other times while a commercial motor vehicle is stopped in addition to, but not in lieu of, the warning devices required by paragraph (b) of this section. (b) Placement of warning devices —(1) General rule. Except as provided in paragraph (b)(2) of this section, whenever a commercial motor vehicle is stopped upon the traveled portion or the shoulder of a highway for any cause other than necessary traffic stops, the driver shall, as soon as possible, but in any event within 10 minutes, place the warning devices required by § 393.95 of this subchapter, in the following manner: (i) One on the traffic side of and 4 paces (approximately 3 meters or 10 feet) from the stopped commercial motor vehicle in the direction of approaching traffic; (ii) One at 40 paces (approximately 30 meters or 100 feet) from the stopped commercial motor vehicle in the center of the traffic lane or shoulder occupied by the commercial motor vehicle and in the direction of approaching traffic; and (iii) One at 40 paces (approximately 30 meters or 100 feet) from the stopped commercial motor vehicle in the center of the traffic lane or shoulder occupied by the commercial motor vehicle and in the direction away from approaching traffic. (2) Special rules —(i) Fusees and liquid-burning flares. The driver of a commercial motor vehicle equipped with only fusees or liquid-burning flares shall place a lighted fusee or liquid-burning … | |||
| 49:49:5.1.1.2.34.3.15.3 | 49 | Transportation | III | B | 392 | PART 392—DRIVING OF COMMERCIAL MOTOR VEHICLES | C | Subpart C—Stopped Commercial Motor Vehicles | § 392.24 Emergency signals; flame-producing. | FHWA | [33 FR 19732, Dec. 25, 1968, as amended at 60 FR 38747, July 28, 1995] | No driver shall attach or permit any person to attach a lighted fusee or other flame-producing emergency signal to any part of a commercial motor vehicle. | |||
| 49:49:5.1.1.2.34.3.15.4 | 49 | Transportation | III | B | 392 | PART 392—DRIVING OF COMMERCIAL MOTOR VEHICLES | C | Subpart C—Stopped Commercial Motor Vehicles | § 392.25 Flame producing devices. | FHWA | [59 FR 63925, Dec. 12, 1994, as amended at 60 FR 38747, July 28, 1995] | No driver shall use or permit the use of any flame-producing emergency signal for protecting any commercial motor vehicle transporting Division 1.1, Division 1.2, or Division 1.3 explosives; any cargo tank motor vehicle used for the transportation of any Class 3 or Division 2.1, whether loaded or empty; or any commercial motor vehicle using compressed gas as a motor fuel. In lieu thereof, emergency reflective triangles, red electric lanterns, or red emergency reflectors shall be used, the placement of which shall be in the same manner as prescribed in § 392.22(b). | |||
| 49:49:5.1.1.2.34.4.15.1 | 49 | Transportation | III | B | 392 | PART 392—DRIVING OF COMMERCIAL MOTOR VEHICLES | D | Subpart D—Use of Lighted Lamps and Reflectors | §§ 392.30-392.32 [Reserved] | FHWA | |||||
| 49:49:5.1.1.2.34.4.15.2 | 49 | Transportation | III | B | 392 | PART 392—DRIVING OF COMMERCIAL MOTOR VEHICLES | D | Subpart D—Use of Lighted Lamps and Reflectors | § 392.33 Obscured lamps or reflective devices/material. | FHWA | [70 FR 48025, Aug. 15, 2005] | (a) No commercial motor vehicle shall be driven when any of the lamps or reflective devices/material required by subpart B of part 393 of this title are obscured by the tailboard, or by any part of the load or its covering, by dirt, or other added vehicle or work equipment or otherwise. (b) Exception. The conspicuity treatments on the front end protection devices of the trailer may be obscured by part of the load being transported. | |||
| 49:49:5.1.1.2.34.5.15.1 | 49 | Transportation | III | B | 392 | PART 392—DRIVING OF COMMERCIAL MOTOR VEHICLES | E | Subpart E—License Revocation; Duties of Driver | §§ 392.40-392.41 [Reserved] | FHWA | |||||
| 49:49:5.1.1.2.34.6.15.1 | 49 | Transportation | III | B | 392 | PART 392—DRIVING OF COMMERCIAL MOTOR VEHICLES | F | Subpart F—Fueling Precautions | § 392.50 Ignition of fuel; prevention. | FHWA | [33 FR 19732, Dec. 25, 1968, as amended at 60 FR 38747, July 28, 1995] | No driver or any employee of a motor carrier shall: (a) Fuel a commercial motor vehicle with the engine running, except when it is necessary to run the engine to fuel the commercial motor vehicle; (b) Smoke or expose any open flame in the vicinity of a commercial motor vehicle being fueled; (c) Fuel a commercial motor vehicle unless the nozzle of the fuel hose is continuously in contact with the intake pipe of the fuel tank; (d) Permit, insofar as practicable, any other person to engage in such activities as would be likely to result in fire or explosion. | |||
| 49:49:5.1.1.2.34.6.15.2 | 49 | Transportation | III | B | 392 | PART 392—DRIVING OF COMMERCIAL MOTOR VEHICLES | F | Subpart F—Fueling Precautions | § 392.51 Reserve fuel; materials of trade. | FHWA | [63 FR 33279, June 18, 1998] | Small amounts of fuel for the operation or maintenance of a commercial motor vehicle (including its auxiliary equipment) may be designated as materials of trade (see 49 CFR 171.8). (a) The aggregate gross weight of all materials of trade on a motor vehicle may not exceed 200 kg (440 pounds). (b) Packaging for gasoline must be made of metal or plastic and conform to requirements of 49 CFR Parts 171, 172, 173, and 178 or requirements of the Occupational Safety and Health Administration contained in 29 CFR 1910.106. (c) For Packing Group II (including gasoline), Packing Group III (including aviation fuel and fuel oil), or ORM-D, the material is limited to 30 kg (66 pounds) or 30 L (8 gallons). (d) For diesel fuel, the capacity of the package is limited to 450 L (119 gallons). (e) A Division 2.1 material in a cylinder is limited to a gross weight of 100 kg (220 pounds). (A Division 2.1 material is a flammable gas, including liquefied petroleum gas, butane, propane, liquefied natural gas, and methane). | |||
| 49:49:5.1.1.2.34.6.15.3 | 49 | Transportation | III | B | 392 | PART 392—DRIVING OF COMMERCIAL MOTOR VEHICLES | F | Subpart F—Fueling Precautions | § 392.52 [Reserved] | FHWA | |||||
| 49:49:5.1.1.2.34.7.15.1 | 49 | Transportation | III | B | 392 | PART 392—DRIVING OF COMMERCIAL MOTOR VEHICLES | G | Subpart G—Prohibited Practices | § 392.60 Unauthorized persons not to be transported. | FHWA | [60 FR 38747, July 28, 1995] | (a) Unless specifically authorized in writing to do so by the motor carrier under whose authority the commercial motor vehicle is being operated, no driver shall transport any person or permit any person to be transported on any commercial motor vehicle other than a bus. When such authorization is issued, it shall state the name of the person to be transported, the points where the transportation is to begin and end, and the date upon which such authority expires. No written authorization, however, shall be necessary for the transportation of: (1) Employees or other persons assigned to a commercial motor vehicle by a motor carrier; (2) Any person transported when aid is being rendered in case of an accident or other emergency; (3) An attendant delegated to care for livestock. (b) This section shall not apply to the operation of commercial motor vehicles controlled and operated by any farmer and used in the transportation of agricultural commodities or products thereof from his/her farm or in the transportation of supplies to his/her farm. | |||
| 49:49:5.1.1.2.34.7.15.10 | 49 | Transportation | III | B | 392 | PART 392—DRIVING OF COMMERCIAL MOTOR VEHICLES | G | Subpart G—Prohibited Practices | § 392.71 Radar detectors; use and/or possession. | FHWA | [58 FR 67375, Dec. 21, 1993] | (a) No driver shall use a radar detector in a commercial motor vehicle, or operate a commercial motor vehicle that is equipped with or contains any radar detector. (b) No motor carrier shall require or permit a driver to violate paragraph (a) of this section. | |||
| 49:49:5.1.1.2.34.7.15.2 | 49 | Transportation | III | B | 392 | PART 392—DRIVING OF COMMERCIAL MOTOR VEHICLES | G | Subpart G—Prohibited Practices | § 392.61 [Reserved] | FHWA | |||||
| 49:49:5.1.1.2.34.7.15.3 | 49 | Transportation | III | B | 392 | PART 392—DRIVING OF COMMERCIAL MOTOR VEHICLES | G | Subpart G—Prohibited Practices | § 392.62 Safe operation, buses. | FHWA | [63 FR 33278, June 18, 1998] | No person shall drive a bus and a motor carrier shall not require or permit a person to drive a bus unless— (a) All standees on the bus are rearward of the standee line or other means prescribed in § 393.90 of this subchapter; (b) All aisle seats in the bus conform to the requirements of § 393.91 of this subchapter; and (c) Baggage or freight on the bus is stowed and secured in a manner which assures— (1) Unrestricted freedom of movement to the driver and his proper operation of the bus; (2) Unobstructed access to all exits by any occupant of the bus; and (3) Protection of occupants of the bus against injury resulting from the falling or displacement of articles transported in the bus. | |||
| 49:49:5.1.1.2.34.7.15.4 | 49 | Transportation | III | B | 392 | PART 392—DRIVING OF COMMERCIAL MOTOR VEHICLES | G | Subpart G—Prohibited Practices | § 392.63 Towing or pushing loaded buses. | FHWA | [33 FR 19732, Dec. 25, 1968, as amended at 60 FR 38747, July 28, 1995] | No disabled bus with passengers aboard shall be towed or pushed; nor shall any person use or permit to be used a bus with passengers aboard for the purpose of towing or pushing any disabled motor vehicle, except in such circumstances where the hazard to passengers would be increased by observance of the foregoing provisions of this section, and then only in traveling to the nearest point where the safety of the passengers is assured. | |||
| 49:49:5.1.1.2.34.7.15.5 | 49 | Transportation | III | B | 392 | PART 392—DRIVING OF COMMERCIAL MOTOR VEHICLES | G | Subpart G—Prohibited Practices | § 392.64 Riding within closed commercial motor vehicles without proper exits. | FHWA | [33 FR 19732, Dec. 25, 1968, as amended at 60 FR 38747, July 28, 1995] | No person shall ride within the closed body of any commercial motor vehicle unless there are means on the inside thereof of obtaining exit. Said means shall be in such condition as to permit ready operation by the occupant. | |||
| 49:49:5.1.1.2.34.7.15.6 | 49 | Transportation | III | B | 392 | PART 392—DRIVING OF COMMERCIAL MOTOR VEHICLES | G | Subpart G—Prohibited Practices | § 392.65 [Reserved] | FHWA | |||||
| 49:49:5.1.1.2.34.7.15.7 | 49 | Transportation | III | B | 392 | PART 392—DRIVING OF COMMERCIAL MOTOR VEHICLES | G | Subpart G—Prohibited Practices | § 392.66 Carbon monoxide; use of commercial motor vehicle when detected. | FHWA | [60 FR 38747, July 28, 1995] | (a) No person shall dispatch or drive any commercial motor vehicle or permit any passengers thereon, when the following conditions are known to exist, until such conditions have been remedied or repaired: (1) Where an occupant has been affected by carbon monoxide; (2) Where carbon monoxide has been detected in the interior of the commercial motor vehicle; (3) When a mechanical condition of the commercial motor vehicle is discovered which would be likely to produce a hazard to the occupants by reason of carbon monoxide. (b) [Reserved] | |||
| 49:49:5.1.1.2.34.7.15.8 | 49 | Transportation | III | B | 392 | PART 392—DRIVING OF COMMERCIAL MOTOR VEHICLES | G | Subpart G—Prohibited Practices | § 392.67 Heater, flame-producing; on commercial motor vehicle in motion. | FHWA | [33 FR 19732, Dec. 25, 1968, as amended at 60 FR 38747, July 28, 1995] | No open flame heater used in the loading or unloading of the commodity transported shall be in operation while the commercial motor vehicle is in motion. | |||
| 49:49:5.1.1.2.34.7.15.9 | 49 | Transportation | III | B | 392 | PART 392—DRIVING OF COMMERCIAL MOTOR VEHICLES | G | Subpart G—Prohibited Practices | §§ 392.68-392.69 [Reserved] | FHWA | |||||
| 49:49:5.1.1.2.34.8.15.1 | 49 | Transportation | III | B | 392 | PART 392—DRIVING OF COMMERCIAL MOTOR VEHICLES | H | Subpart H—Limiting the Use of Electronic Devices | § 392.80 Prohibition against texting. | FHWA | [75 FR 59136, Sept. 27, 2010, as amended at 76 FR 75487, Dec. 2, 2011] | (a) Prohibition. No driver shall engage in texting while driving. (b) Motor carriers. No motor carrier shall allow or require its drivers to engage in texting while driving. (c) Definition. For the purpose of this section only, driving means operating a commercial motor vehicle, with the motor running, including while temporarily stationary because of traffic, a traffic control device, or other momentary delays. Driving does not include operating a commercial motor vehicle with or without the motor running when the driver moved the vehicle to the side of, or off, a highway, as defined in 49 CFR 390.5, and halted in a location where the vehicle can safely remain stationary. (d) Emergency exception. Texting while driving is permissible by drivers of a commercial motor vehicle when necessary to communicate with law enforcement officials or other emergency services. | |||
| 49:49:5.1.1.2.34.8.15.2 | 49 | Transportation | III | B | 392 | PART 392—DRIVING OF COMMERCIAL MOTOR VEHICLES | H | Subpart H—Limiting the Use of Electronic Devices | § 392.82 Using a hand-held mobile telephone. | FHWA | [76 FR 75487, Dec. 2, 2011] | (a)(1) No driver shall use a hand-held mobile telephone while driving a CMV. (2) No motor carrier shall allow or require its drivers to use a hand-held mobile telephone while driving a CMV. (b) Definitions. For the purpose of this section only, driving means operating a commercial motor vehicle on a highway, including while temporarily stationary because of traffic, a traffic control device, or other momentary delays. Driving does not include operating a commercial motor vehicle when the driver has moved the vehicle to the side of, or off, a highway and has halted in a location where the vehicle can safely remain stationary. (c) Emergency exception. Using a hand-held mobile telephone is permissible by drivers of a CMV when necessary to communicate with law enforcement officials or other emergency services. | |||
| 9:9:2.0.2.3.38.0.40.1 | 9 | Animals and Animal Products | III | D | 392 | PART 392—PETITIONS FOR RULEMAKING | § 392.1 Scope and purpose. | FSIS | This part contains provisions governing the submission of petitions for rulemaking to the Food Safety and Inspection Service (FSIS). The provisions in this part apply to all rulemaking petitions submitted to FSIS, except to the extent that other parts or sections of this chapter prescribe procedures for submitting a request to amend a particular regulation. | ||||||
| 9:9:2.0.2.3.38.0.40.2 | 9 | Animals and Animal Products | III | D | 392 | PART 392—PETITIONS FOR RULEMAKING | § 392.2 Definition of petition. | FSIS | For purposes of this part, a “petition” is a written request to issue, amend, or repeal a regulation administered by FSIS. A request to issue, amend, or repeal a document that interprets a regulation administered by FSIS may also be submitted by petition. | ||||||
| 9:9:2.0.2.3.38.0.40.3 | 9 | Animals and Animal Products | III | D | 392 | PART 392—PETITIONS FOR RULEMAKING | § 392.3 Required information. | FSIS | To be considered by FSIS, a petition must contain the following information: (a) The name, address, telephone number, and e-mail address (if available) of the person who is submitting the petition; (b) A full statement of the action requested by the petitioner, including the exact wording and citation of the existing regulation, if any, and the proposed regulation or amendment requested; (c) A full statement of the factual and legal basis on which the petitioner relies for the action requested in the petition, including all relevant information and views on which the petitioner relies, as well as information known to the petitioner that is unfavorable to the petitioner's position. The statement should identify the problem that the requested action is intended to address and explain why the requested action is necessary to address the problem. | ||||||
| 9:9:2.0.2.3.38.0.40.4 | 9 | Animals and Animal Products | III | D | 392 | PART 392—PETITIONS FOR RULEMAKING | § 392.4 Supporting documentation. | FSIS | (a) Information referred to or relied on in support of a petition should be included in full and should not be incorporated by reference. A copy of any article or other source cited in a petition should be submitted with the petition. (b) Sources of information that are appropriate to use in support of a petition include, but are not limited to: (1) professional journal articles, (2) research reports, (3) official government statistics, (4) official government reports, (5) industry data, and (6) scientific textbooks. (c) If an original research report is used to support a petition, the information should be presented in a form that would be acceptable for publication in a peer reviewed scientific or technical journal. (d) If quantitative data are used to support a petition, the presentation of the data should include a complete statistical analysis using conventional statistical methods. | ||||||
| 9:9:2.0.2.3.38.0.40.5 | 9 | Animals and Animal Products | III | D | 392 | PART 392—PETITIONS FOR RULEMAKING | § 392.5 Filing procedures. | FSIS | (a) Any interested person may file a petition with FSIS. For purposes of this part, an “interested person” is any individual, partnership, corporation, association, or public or private organization. (b) To file a petition with FSIS, a person should submit the petition to the FSIS Docket Clerk, Department of Agriculture, Food Safety and Inspection Service, Room 2534 South Building, 1400 Independence Ave., SW., Washington, DC 20250-3700. (c) Once a petition is submitted in accordance with this part, it will be filed by the FSIS Docket Clerk, stamped with the date of filing, and assigned a petition number. Once a petition has been filed, FSIS will notify the petitioner in writing and provide the petitioner with the number assigned to the petition and the Agency contact for the petition. The petition number should be referenced by the petitioner in all contacts with the Agency regarding the petition. (d) If a petitioner elects to withdraw a petition submitted in accordance with this part, the petitioner should inform FSIS in writing. Once a petition has been withdrawn, the petitioner may re-submit the petition at any time. | ||||||
| 9:9:2.0.2.3.38.0.40.6 | 9 | Animals and Animal Products | III | D | 392 | PART 392—PETITIONS FOR RULEMAKING | § 392.6 Public display. | FSIS | (a) All rulemaking petitions filed with FSIS, along with any documentation submitted in support of a petition, will be available for public inspection in the FSIS docket room and will be posted on the FSIS Web site at http://www.fsis.usda.gov/. (b) If FSIS cannot readily determine whether information submitted in support of a petition is privileged or confidential business information, FSIS will request that the petitioner submit a written statement that certifies that the petition does not contain confidential information that should not be put on public display. If the petitioner fails to submit the certification within a time specified by FSIS, the Agency will consider the information to be confidential. (c) If FSIS determines that a petition, or any documentation submitted in support of a petition, contains information that is exempt from public disclosure under the Freedom of Information Act (5 U.S.C. 552 et seq. ) or any other applicable laws or regulations, and that the information would provide the basis for granting the petition, FSIS will inform the petitioner in writing. FSIS will provide the petitioner an opportunity to withdraw the petition or supporting documentation, or modify the supporting documentation to permit public disclosure. | ||||||
| 9:9:2.0.2.3.38.0.40.7 | 9 | Animals and Animal Products | III | D | 392 | PART 392—PETITIONS FOR RULEMAKING | § 392.7 Comments. | FSIS | (a) Any interested person may submit written comments on a petition filed with FSIS. (b) Comments on a petition should be submitted within 60 days of the posting date of the petition and should identify the number assigned to the petition to which the comments refer. (c) FSIS will consider all timely comments on a petition that are submitted in accordance with this section as part of its review of the petition. (d) All comments on a petition will become part of the petition file and will be available for public inspection in the FSIS docket room and posted on the FSIS Web site at http://www.fsis.usda.gov/. (e) Any interested person who wishes to suggest an alternative action to the action requested by the petition should submit a separate petition that complies with these regulations and not submit the alternative as a comment on the petition. (f) If FSIS determines that a comment received on a petition is in fact a request for an alternative action, the Agency will inform the commenter in writing. The Agency will take no further action on the requested alternative action unless the commenter submits an appropriate petition for rulemaking. | ||||||
| 9:9:2.0.2.3.38.0.40.8 | 9 | Animals and Animal Products | III | D | 392 | PART 392—PETITIONS FOR RULEMAKING | § 392.8 Expedited review. | FSIS | (a) A petition will receive expedited review by FSIS if the requested action is intended to enhance the public health by removing or reducing foodborne pathogens or other potential food safety hazards that might be present in or on meat, poultry, or egg products. (b) For a petition to be considered for expedited review, the petitioner must submit scientific information that demonstrates that the requested action will reduce or remove foodborne pathogens or other potential food safety hazards that are likely to be present in or on meat, poultry, or egg products, and how it will do so. (c) If FSIS determines that a petition warrants expedited review, FSIS will review the petition ahead of other pending petitions. | ||||||
| 9:9:2.0.2.3.38.0.40.9 | 9 | Animals and Animal Products | III | D | 392 | PART 392—PETITIONS FOR RULEMAKING | § 392.9 Availability of additional guidance. | FSIS | Information related to the submission and processing of petitions for rulemaking may be found on the FSIS Web site at http://www.fsis.usda.gov/. |
Advanced export
JSON shape: default, array, newline-delimited, object
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,
full_text TEXT
);
CREATE INDEX idx_cfr_title ON cfr_sections(title_number);
CREATE INDEX idx_cfr_part ON cfr_sections(part_number);
CREATE INDEX idx_cfr_agency ON cfr_sections(agency);