49 Cfr 390.3

Federal Motor Carrier Safety Administration, DOT
390.37

Violation and penalty.

Subpart C—Requirements and Information
for Intermodal Equipment Providers
and for Motor Carriers Operating Intermodal Equipment
390.40 What responsibilities do intermodal
equipment providers have under the Federal Motor Carrier Safety Regulations (49
CFR parts 350–399)?
390.42 What are the responsibilities of drivers and motor carriers operating intermodal equipment?
390.44 What are the procedures to correct
the safety record of a motor carrier or an
intermodal equipment provider?
390.46 Are State and local laws and regulations on the inspection, repair, and maintenance of intermodal equipment preempted by the Federal Motor Carrier
Safety Regulations?

Subpart D—National Registry of Certified
Medical Examiners
390.101 Scope.
390.103 Eligibility requirements for medical
examiner certification.
390.105 Medical examiner training programs.
390.107 Medical examiner certification testing.
390.109 Issuance of the FMCSA medical examiner certification credential.
390.111 Requirements for continued listing
on the National Registry of Certified
Medical Examiners.
390.113 Reasons for removal from the National Registry of Certified Medical Examiners.
390.115 Procedure for removal from the National Registry of Certified Medical Examiners.
AUTHORITY: 49 U.S.C. 504, 508, 31132, 31133,
31136, 31144, 31151 and 31502; sec. 114, Pub. L.
103–311, 108 Stat. 1673, 1677–1678; secs. 212 and
217, Pub. L. 106–159, 113 Stat. 1748, 1766, 1767;
sec. 229, Pub. L. 106–159 (as transferred by
sec. 4115 and amended by secs. 4130–4132, Pub.
L. 109–59, 119 Stat. 1144, 1726, 1743–1744); sec.
4136, Pub. L. 109–59, 119 Stat. 1144, 1745; and 49
CFR 1.87.
SOURCE: 53 FR 18052, May 19, 1988, unless
otherwise noted.
EDITORIAL NOTE: Nomenclature changes to
part 390 appear at 66 FR 49873, Oct. 1, 2001.

Subpart A—General Applicability
and Definitions
§ 390.1 Purpose.
This part establishes general applicability, definitions, general require-

§ 390.3

ments and information as they pertain
to persons subject to this chapter.
§ 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 § 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 § 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 § 390.5, except for the provisions of §§ 391.15(f), 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

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§ 390.5

49 CFR Ch. III (10–1–12 Edition)

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) 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 and drivers operating such vehicles are required to
comply with §§ 390.15, 390.19, 390.21(a)
and (b)(2), 391.15(f), 392.80 and 392.82 of
this chapter.
(7) Either a driver of a commercial
motor vehicle used primarily in the
transportation of propane winter heating fuel or a driver of a motor vehicle
used to respond to a pipeline emergency, if such regulations would prevent the driver from responding to an
emergency condition requiring immediate response as defined in § 390.5.
(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
§ 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 § 387.3 of
this chapter.
(4) Section 390.19, Motor carrier identification report, and § 390.21, Marking
of CMVs, for carriers subject to the requirements of § 385.403 of this chapter.
Intrastate motor carriers operating
prior to January 1, 2005, are excepted
from § 390.19(a)(1).
(h) Intermodal equipment providers. On
and after December 17, 2009, the rules
in the following provisions of sub-

chapter B of this chapter apply to
intermodal equipment providers:
(1) Subpart F, Intermodal Equipment
Providers, of Part 385, Safety Fitness
Procedures.
(2) Part 386, Rules of Practice for
Motor Carrier, Intermodal Equipment
Provider, Broker, Freight Forwarder,
and Hazardous Materials Proceedings.
(3) Part 390, Federal Motor Carrier
Safety Regulations; General, except
§ 390.15(b) concerning accident registers.
(4) Part 393, Parts and Accessories
Necessary for Safe Operation.
(5) Part 396, Inspection, Repair, and
Maintenance.
[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; 72 FR 36790,
July 5, 2007; 73 FR 76820, Dec. 17, 2008; 75 FR
5002, Feb. 1, 2010; 75 FR 59135, Sept. 27, 2010;
76 FR 75487, Dec. 2, 2011]

§ 390.5

Definitions.

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

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