[Code of Federal Regulations]
[Title 49, Volume 5]
[Revised as of October 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR390.3]
[Page 308-309]
TITLE 49--TRANSPORTATION
DEPARTMENT OF TRANSPORTATION
PART 390_FEDERAL MOTOR CARRIER SAFETY REGULATIONS; GENERAL--Table of
Contents
Subpart A_General Applicability and Definitions
Sec. 390.3 General applicability.
(a) The rules in subchapter B of this chapter are applicable to all
employers, employees, and commercial motor vehicles, which transport
property or passengers in interstate commerce.
(b) The rules in Part 383, Commercial Driver's License Standards;
Requirements and Penalties, are applicable to every person who operates
a commercial motor vehicle, as defined in Sec. 383.5 of this
subchapter, in interstate or intrastate commerce and to all employers of
such persons.
(c) The rules in Part 387, Minimum Levels of Financial
Responsibility for Motor Carriers, are applicable to motor carriers as
provided in Sec. 387.3 or 387.27 of this subchapter.
(d) Additional requirements. Nothing in subchapter B of this chapter
shall be construed to prohibit an employer from requring and enforcing
more stringent requirements relating to safety of operation and employee
safety and health.
(e) Knowledge of and compliance with the regulations.
(1) Every employer shall be knowledgeable of and comply with all
regulations contained in this subchapter which are applicable to that
motor carrier's operations.
(2) Every driver and employee shall be instructed regarding, and
shall comply with, all applicable regulations contained in this
subchapter.
(3) All motor vehicle equipment and accessories required by this
subchapter shall be maintained in compliance with all applicable
performance and design criteria set forth in this subchapter.
(f) Exceptions. Unless otherwise specifically provided, the rules in
this subchapter do not apply to--
(1) All school bus operations as defined in Sec. 390.5;
(2) Transportation performed by the Federal government, a State, or
any political subdivision of a State, or an agency established under a
compact between States that has been approved by the Congress of the
United States;
(3) The occasional transportation of personal property by
individuals not for compensation nor in the furtherance of a commercial
enterprise;
(4) The transportation of human corpses or sick and injured persons;
(5) The operation of fire trucks and rescue vehicles while involved
in emergency and related operations;
(6)(i) The operation of commercial motor vehicles designed or used
to transport between 9 and 15 passengers (including the driver), not for
direct compensation, provided the vehicle does not otherwise meet the
definition of a commercial motor vehicle, except that motor carriers
operating such vehicles are required to comply with Sec. Sec. 390.15,
390.19, and 390.21(a) and (b)(2).
(ii) The operation of commercial motor vehicles designed or used to
transport between 9 and 15 passengers (including the driver) for direct
compensation, provided the vehicle is not
[[Page 309]]
being operated beyond a 75 air-mile radius (86.3 statute miles or 138.9
kilometers) from the driver's normal work-reporting location, and
provided the vehicle does not otherwise meet the definition of a
commercial motor vehicle, except that motor carriers operating such
vehicles are required to comply with Sec. Sec. 390.15, 390.19, and
390.21(a) and (b)(2).
(g) Motor carriers that transport hazardous materials in intrastate
commerce. The rules in the following provisions of subchapter B of this
chapter apply to motor carriers that transport hazardous materials in
intrastate commerce and to the motor vehicles that transport hazardous
materials in intrastate commerce:
(1) Part 385, subparts A and E, for carriers subject to the
requirements of Sec. 385.403 of this chapter.
(2) Part 386, Rules of practice for motor carrier, broker, freight
forwarder, and hazardous materials proceedings, of this chapter.
(3) Part 387, Minimum Levels of Financial Responsibility for Motor
Carriers, to the extent provided in Sec. 387.3 of this chapter.
(4) Section 390.19, Motor carrier identification report, and Sec.
390.21, Marking of CMVs, for carriers subject to the requirements of
Sec. 385.403 of this chapter. Intrastate motor carriers operating prior
to January 1, 2005, are excepted from Sec. 390.19(a)(1).
[53 FR 18052, May 19, 1988, as amended at 54 FR 12202, Mar. 24, 1989; 58
FR 33776, June 21, 1993; 59 FR 8752, Feb. 23, 1994; 59 FR 67554, Dec.
29, 1994; 62 FR 1296, Jan. 9, 1997; 63 FR 33276, June 18, 1998; 64 FR
48516, Sept. 3, 1999; 66 FR 2766, Jan. 11, 2001; 68 FR 47875, Aug. 12,
2003; 69 FR 39372, June 30, 2004]
File Type | application/msword |
File Title | WAIS Document Retrieval |
Author | herman.dogan |
Last Modified By | herman.dogan |
File Modified | 2006-01-05 |
File Created | 2006-01-05 |