49 Cfr 390.5

§ 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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Federal Motor Carrier Safety Administration, DOT
per 100 milliliters of blood or grams of
alcohol per 210 liters of breath.
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.
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 acquired the exclusive
use of the motor vehicle to travel together under an itinerary either specified in advance or modified after having left the place of origin.
Commercial motor vehicle means any
self-propelled or towed motor vehicle
used on a highway in interstate commerce to transport passengers or property when the vehicle—
(1) Has a gross vehicle weight rating
or gross combination weight rating, or
gross vehicle weight or gross combination weight, of 4,536 kg (10,001 pounds)
or more, whichever is greater; or
(2) Is designed or used to transport
more than 8 passengers (including the
driver) for compensation; or
(3) Is designed or used to transport
more than 15 passengers, including the
driver, and is not used to transport passengers for compensation; or
(4) Is used in transporting material
found by the Secretary of Transportation to be hazardous under 49 U.S.C.
5103 and transported in a quantity requiring placarding under regulations
prescribed by the Secretary under 49
CFR, subtitle B, chapter I, subchapter
C.
Conviction means an unvacated adjudication of guilt, or a determination
that a person has violated or failed to
comply with the law in a court of original jurisdiction or by an authorized administrative tribunal, an unvacated
forfeiture of bail or collateral deposited to secure the person’s appearance

§ 390.5

in court, a plea of guilty or nolo
contendere accepted by the court, the
payment of a fine or court cost, or violation of a condition of release without
bail, regardless of whether or not the
penalty is rebated, suspended, or probated.
Direct assistance means transportation and other relief services provided by a motor carrier or its driver(s)
incident to the immediate restoration
of essential services (such as, electricity, medial care, sewer, water, telecommunications, and telecommunication transmissions) or essential supplies (such as, food and fuel). It does
not include transportation related to
long-term rehabilitation of damaged
physical infrastructure or routine commercial deliveries after the initial
threat to life and property has passed.
Direct compensation means payment
made to the motor carrier by the passengers or a person acting on behalf of
the passengers for the transportation
services provided, and not included in a
total package charge or other assessment for highway transportation services.
Disabling damage means damage
which precludes departure of a motor
vehicle from the scene of the accident
in its usual manner in daylight after
simple repairs.
(1) Inclusions. Damage to motor vehicles that could have been driven, but
would have been further damaged if so
driven.
(2) Exclusions. (i) Damage which can
be remedied temporarily at the scene
of the accident without special tools or
parts.
(ii) Tire disablement without other
damage even if no spare tire is available.
(iii) Headlamp or taillight damage.
(iv) Damage to turn signals, horn, or
windshield wipers which makes them
inoperative.
Driveaway-towaway operation means
an operation in which an empty or unladen motor vehicle with one or more
sets of wheels on the surface of the
roadway is being transported:
(1) Between vehicle manufacturer’s
facilities;
(2) Between a vehicle manufacturer
and a dealership or purchaser;

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§ 390.5

49 CFR Ch. III (10–1–12 Edition)

(3) Between a dealership, or other entity selling or leasing the vehicle, and
a purchaser or lessee;
(4) To a motor carrier’s terminal or
repair facility for the repair of disabling damage (as defined in § 390.5) following a crash; or
(5) To a motor carrier’s terminal or
repair facility for repairs associated
with the failure of a vehicle component
or system; or
(6) By means of a saddle-mount or
tow-bar.
Driver means any person who operates any commercial motor vehicle.
Driving a commercial motor vehicle
while under the influence of alcohol
means committing any one or more of
the following acts in a CMV: Driving a
CMV while the person’s alcohol concentration is 0.04 or more; driving
under the influence of alcohol, as prescribed by State law; or refusal to undergo such testing as is required by
any State or jurisdiction in the enforcement of Table 1 to § 383.51 or
§ 392.5(a)(2) of this subchapter.
Electronic device includes, but is not
limited to, a cellular telephone; personal digital assistant; pager; computer; or any other device used to
input, write, send, receive, or read text.
Emergency means any hurricane, tornado, storm (e.g. thunderstorm, snowstorm, icestorm, blizzard, sandstorm,
etc.), high water, wind-driven water,
tidal wave, tsunami, earthquake, volcanic eruption, mud slide, drought, forest fire, explosion, blackout or other
occurrence, natural or man-made,
which interrupts the delivery of essential services (such as, electricity, medical care, sewer, water, telecommunications, and telecommunication transmissions) or essential supplies (such as,
food and fuel) or otherwise immediately threatens human life or public
welfare, provided such hurricane, tornado, or other event results in:
(1) A declaration of an emergency by
the President of the United States, the
Governor of a State, or their authorized representatives having authority
to declare emergencies; by the FMCSA
Field Administrator for the geographical area in which the occurrence
happens; or by other Federal, State or
local government officials having authority to declare emergencies, or

(2) A request by a police officer for
tow trucks to move wrecked or disabled motor vehicles.
Emergency condition requiring immediate response means any condition
that, if left unattended, is reasonably
likely to result in immediate serious
bodily harm, death, or substantial
damage to property. In the case of
transportation of propane winter heating fuel, such conditions shall include
(but are not limited to) the detection
of gas odor, the activation of carbon
monoxide alarms, the detection of carbon monoxide poisoning, and any real
or suspected damage to a propane gas
system following a severe storm or
flooding. An ‘‘emergency condition requiring immediate response’’ does not
include requests to refill empty gas
tanks. In the case of a pipeline emergency, such conditions include (but are
not limited to) indication of an abnormal pressure event, leak, release or
rupture.
Emergency relief means an operation
in which a motor carrier or driver of a
commercial motor vehicle is providing
direct assistance to supplement State
and local efforts and capabilities to
save lives or property or to protect
public health and safety as a result of
an emergency as defined in this section.
Employee means any individual, other
than an employer, who is employed by
an employer and who in the course of
his or her employment directly affects
commercial motor vehicle safety. Such
term includes a driver of a commercial
motor vehicle (including an independent contractor while in the course
of operating a commercial motor vehicle), a mechanic, and a freight handler.
Such term does not include an employee of the United States, any State,
any political subdivision of a State, or
any agency established under a compact between States and approved by
the Congress of the United States who
is acting within the course of such employment.
Employer means any person engaged
in a business affecting interstate commerce who owns or leases a commercial motor vehicle in connection with
that business, or assigns employees to
operate it, but such terms does not include the United States, any State, any

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Federal Motor Carrier Safety Administration, DOT
political subdivision of a State, or an
agency established under a compact between States approved by the Congress
of the United States.
Exempt intracity zone means the geographic area of a municipality or the
commercial zone of that municipality
described in appendix F to subchapter
B of this chapter. The term ‘‘exempt
intracity zone’’ does not include any
municipality or commercial zone in
the State of Hawaii. For purposes of
§ 391.62, a driver may be considered to
operate a commercial motor vehicle
wholly within an exempt intracity zone
notwithstanding any common control,
management, or arrangement for a
continuous carriage or shipment to or
from a point without such zone.
Exempt motor carrier means a person
engaged in transportation exempt from
economic regulation by the Federal
Motor Carrier Safety Administration
(FMCSA) under 49 U.S.C. 13506. ‘‘Exempt motor carriers’’ are subject to
the safety regulations set forth in this
subchapter.
Farm vehicle driver means a person
who drives only a commercial motor
vehicle that is—
(a) Controlled and operated by a
farmer as a private motor carrier of
property;
(b) Being used to transport either—
(1) Agricultural products, or
(2) Farm machinery, farm supplies,
or both, to or from a farm;
(c) Not being used in the operation of
a for-hire motor carrier;
(d) Not carrying hazardous materials
of a type or quantity that requires the
commercial motor vehicle to be placarded in accordance with § 177.823 of
this subtitle; and
(e) Being used within 150 air-miles of
the farmer’s farm.
Farmer means any person who operates a farm or is directly involved in
the cultivation of land, crops, or livestock which—
(a) Are owned by that person; or
(b) Are under the direct control of
that person.
Fatality means any injury which results in the death of a person at the
time of the motor vehicle accident or
within 30 days of the accident.
Federal Motor Carrier Safety Administrator means the chief executive of the

§ 390.5

Federal Motor Carrier Safety Administration, an agency within the Department of Transportation.
For-hire motor carrier means a person
engaged in the transportation of goods
or passengers for compensation.
Gross
combination
weight
rating
(GCWR) means the value specified by
the manufacturer as the loaded weight
of a combination (articulated) motor
vehicle. In the absence of a value specified by the manufacturer, GCWR will
be determined by adding the GVWR of
the power unit and the total weight of
the towed unit and any load thereon.
Gross vehicle weight rating (GVWR)
means the value specified by the manufacturer as the loaded weight of a single motor vehicle.
Hazardous material means a substance
or material which has been determined
by the Secretary of Transportation to
be capable of posing an unreasonable
risk to health, safety, and property
when transported in commerce, and
which has been so designated.
Hazardous substance means a material, and its mixtures or solutions, that
is identified in the appendix to § 172.101,
List of Hazardous Substances and Reportable Quantities, of this title when
offered for transportation in one package, or in one transport motor vehicle
if not packaged, and when the quantity
of the material therein equals or exceeds the reportable quantity (RQ).
This definition does not apply to petroleum products that are lubricants or
fuels, or to mixtures or solutions of
hazardous substances if in a concentration less than that shown in the table
in § 171.8 of this title, based on the reportable quantity (RQ) specified for the
materials listed in the appendix to
§ 172.101.
Hazardous waste means any material
that is subject to the hazardous waste
manifest requirements of the EPA
specified in 40 CFR part 262 or would be
subject to these requirements absent
an interim authorization to a State
under 40 CFR part 123, subpart F.
Highway means any road, street, or
way, whether on public or private property, open to public travel. ‘‘Open to
public travel’’ means that the road section is available, except during scheduled periods, extreme weather or emergency conditions, passable by four-

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§ 390.5

49 CFR Ch. III (10–1–12 Edition)

wheel standard passenger cars, and
open to the general public for use without restrictive gates, prohibitive signs,
or regulation other than restrictions
based on size, weight, or class of registration. Toll plazas of public toll
roads are not considered restrictive
gates.
Interchange means the act of providing intermodal equipment to a
motor carrier pursuant to an intermodal equipment interchange agreement for the purpose of transporting
the equipment for loading or unloading
by any person or repositioning the
equipment for the benefit of the equipment provider, but it does not include
the leasing of equipment to a motor
carrier for primary use in the motor
carrier’s freight hauling operations.
Intermodal equipment means trailing
equipment that is used in the intermodal transportation of containers
over public highways in interstate
commerce, including trailers and chassis.
Intermodal
equipment
interchange
agreement means the Uniform Intermodal Interchange and Facilities Access Agreement (UIIFA) or any other
written document executed by an
intermodal equipment provider or its
agent and a motor carrier or its agent,
the primary purpose of which is to establish the responsibilities and liabilities of both parties with respect to the
interchange of the intermodal equipment.
Intermodal equipment provider means
any person that interchanges intermodal equipment with a motor carrier
pursuant to a written interchange
agreement or has a contractual responsibility for the maintenance of the
intermodal equipment.
Interstate commerce means trade, traffic, or transportation in the United
States—
(1) Between a place in a State and a
place outside of such State (including a
place outside of the United States);
(2) Between two places in a State
through another State or a place outside of the United States; or
(3) Between two places in a State as
part of trade, traffic, or transportation
originating or terminating outside the
State or the United States.

Intrastate commerce means any trade,
traffic, or transportation in any State
which is not described in the term
‘‘interstate commerce.’’
Medical examiner means the following:
(1) For medical examinations conducted before May 21, 2014, a person
who is licensed, certified, and/or registered, in accordance with applicable
State laws and regulations, to perform
physical examinations. The term includes but is not limited to, doctors of
medicine, doctors of osteopathy, physician assistants, advanced practice
nurses, and doctors of chiropractic.
(2) For medical examinations conducted on and after May 21, 2014, an individual certified by FMCSA and listed
on the National Registry of Certified
Medical Examiners in accordance with
subpart D of this part.
Medical variance means a driver has
received one of the following from
FMCSA that allows the driver to be
issued a medical certificate:
(1) An exemption letter permitting
operation of a commercial motor vehicle pursuant to part 381, subpart C, of
this chapter or § 391.64 of this chapter;
(2) A skill performance evaluation
certificate permitting operation of a
commercial motor vehicle pursuant to
§ 391.49 of this chapter.
Mobile telephone means a mobile communication device that falls under or
uses any commercial mobile radio service, as defined in regulations of the
Federal Communications Commission,
47 CFR 20.3. It does not include twoway or Citizens Band Radio services.
Motor carrier means a for-hire motor
carrier or a private motor carrier. The
term includes a motor carrier’s agents,
officers and representatives as well as
employees responsible for hiring, supervising, training, assigning, or dispatching of drivers and employees concerned with the installation, inspection, and maintenance of motor vehicle
equipment and/or accessories. For purposes of subchapter B, this definition
includes the terms employer, and exempt
motor carrier.
Motor vehicle means any vehicle, machine, tractor, trailer, or semitrailer
propelled or drawn by mechanical
power and used upon the highways in
the transportation of passengers or

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Federal Motor Carrier Safety Administration, DOT
property, or any combination thereof
determined by the Federal Motor Carrier Safety Administration, but does
not include any vehicle, locomotive, or
car operated exclusively on a rail or
rails, or a trolley bus operated by electric power derived from a fixed overhead wire, furnishing local passenger
transportation similar to street-railway service.
Motor vehicle record means the report
of the driving status and history of a
driver generated from the driver
record, provided to users, such as, drivers or employers, and subject to the
provisions of the Driver Privacy Protection Act, 18 U.S.C. 2721–2725.
Multiple-employer driver means a driver, who in any period of 7 consecutive
days, is employed or used as a driver by
more than one motor carrier.
Operating authority means the registration required by 49 U.S.C. 13902, 49
CFR part 365, 49 CFR part 368, and 49
CFR 392.9a.
Operator—See driver.
Other terms—Any other term used in
this subchapter is used in its commonly accepted meaning, except where
such other term has been defined elsewhere in this subchapter. In that
event, the definition therein given
shall apply.
Out-of-service order means a declaration by an authorized enforcement officer of a Federal, State, Canadian,
Mexican, or local jurisdiction that a
driver, a commercial motor vehicle, or
a motor carrier operation is out of
service pursuant to 49 CFR 386.72, 392.5,
392.9a, 395.13, or 396.9, or compatible
laws, or the North American Standard
Out-of-Service Criteria.
Person means any individual, partnership, association, corporation, business trust, or any other organized
group of individuals.
Previous employer means any DOT
regulated person who employed the
driver in the preceding 3 years, including any possible current employer.
Principal place of business means the
single location designated by the
motor carrier, normally its headquarters, for purposes of identification
under this subchapter. The motor carrier must make records required by
parts 382, 387, 390, 391, 395, 396, and 397
of this subchapter available for inspec-

§ 390.5

tion at this location within 48 hours
(Saturdays, Sundays, and Federal holidays excluded) after a request has been
made by a special agent or authorized
representative of the Federal Motor
Carrier Safety Administration.
Private motor carrier means a person
who provides transportation of property or passengers, by commercial
motor vehicle, and is not a for-hire
motor carrier.
Private motor carrier of passengers
(business) means a private motor carrier engaged in the interstate transportation of passengers which is provided
in the furtherance of a commercial enterprise and is not available to the public at large.
Private motor carrier of passengers
(nonbusiness) means private motor carrier involved in the interstate transportation of passengers that does not
otherwise meet the definition of a private motor carrier of passengers (business).
Radar detector means any device or
mechanism to detect the emission of
radio microwaves, laser beams or any
other future speed measurement technology employed by enforcement personnel to measure the speed of commercial motor vehicles upon public
roads and highways for enforcement
purposes. Excluded from this definition
are radar detection devices that meet
both of the following requirements:
(1) Transported outside the driver’s
compartment of the commercial motor
vehicle. For this purpose, the driver’s
compartment of a passenger-carrying
CMV shall include all space designed to
accommodate both the driver and the
passengers; and
(2) Completely inaccessible to, inoperable by, and imperceptible to the
driver while operating the commercial
motor vehicle.
Regional Director of Motor Carriers
means the Field Administrator, Federal Motor Carrier Safety Administration, for a given geographical area of
the United States.
Residential district means the territory adjacent to and including a highway which is not a business district
and for a distance of 300 feet or more
along the highway is primarily improved with residences.

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§ 390.5

49 CFR Ch. III (10–1–12 Edition)

School bus means a passenger motor
vehicle which is designed or used to
carry more than 10 passengers in addition to the driver, and which the Secretary determines is likely to be significantly used for the purpose of
transporting preprimary, primary, or
secondary school students to such
schools from home or from such
schools to home.
School bus operation means the use of
a school bus to transport only school
children and/or school personnel from
home to school and from school to
home.
Secretary means the Secretary of
Transportation.
Single-employer driver means a driver
who, in any period of 7 consecutive
days, is employed or used as a driver
solely by a single motor carrier. This
term includes a driver who operates a
commercial motor vehicle on an intermittent, casual, or occasional basis.
Special agent See appendix B to subchapter B—Special agents.
State means a State of the United
States and the District of Columbia
and includes a political subdivision of a
State.
Texting means manually entering alphanumeric text into, or reading text
from, an electronic device.
(1) This action includes, but is not
limited to, short message service,
emailing, instant messaging, a command or request to access a World Wide
Web page, pressing more than a single
button to initiate or terminate a voice
communication using a mobile telephone, or engaging in any other form
of electronic text retrieval or entry, for
present or future communication.
(2) Texting does not include:
(i) Inputting, selecting, or reading information on a global positioning system or navigation system; or
(ii) Pressing a single button to initiate or terminate a voice communication using a mobile telephone; or
(iii) Using a device capable of performing multiple functions (e.g., fleet
management systems, dispatching devices, smart phones, citizens band radios, music players, etc.) for a purpose
that is not otherwise prohibited in this
part.
Trailer includes:

(a) Full trailer means any motor vehicle other than a pole trailer which is
designed to be drawn by another motor
vehicle and so constructed that no part
of its weight, except for the towing device, rests upon the self-propelled towing motor vehicle. A semitrailer
equipped with an auxiliary front axle
(converter dolly) shall be considered a
full trailer.
(b) Pole trailer means any motor vehicle which is designed to be drawn by
another motor vehicle and attached to
the towing motor vehicle by means of a
‘‘reach’’ or ‘‘pole,’’ or by being
‘‘boomed’’ or otherwise secured to the
towing motor vehicle, for transporting
long or irregularly shaped loads such
as poles, pipes, or structural members,
which generally are capable of sustaining themselves as beams between
the supporting connections.
(c) Semitrailer means any motor vehicle, other than a pole trailer, which is
designed to be drawn by another motor
vehicle and is constructed so that some
part of its weight rests upon the selfpropelled towing motor vehicle.
Truck means any self-propelled commercial motor vehicle except a truck
tractor, designed and/or used for the
transportation of property.
Truck tractor means a self-propelled
commercial motor vehicle designed
and/or used primarily for drawing other
vehicles.
Use a hand-held mobile telephone
means:
(1) Using at least one hand to hold a
mobile telephone to conduct a voice
communication;
(2) Dialing or answering a mobile
telephone by pressing more than a single button, or
(3) Reaching for a mobile telephone
in a manner that requires a driver to
maneuver so that he or she is no longer
in a seated driving position, restrained
by a seat belt that is installed in accordance with 49 CFR 393.93 and adjusted in accordance with the vehicle
manufacturer’s instructions.
United States means the 50 States and
the District of Columbia.
[53 FR 18052, May 19, 1988]
EDITORIAL NOTE: For FEDERAL REGISTER citations affecting § 390.5, see the List of CFR
Sections Affected, which appears in the

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Federal Motor Carrier Safety Administration, DOT
Finding Aids section of the printed volume
and at www.fdsys.gov.
EFFECTIVE DATE NOTE: At 77 FR 51709, Aug.
27, 2012, § 390.5 was amended by revising the
definition of ‘‘gross combination weight rating’’, effective Oct. 26, 2012. For the convenience of the user, the revised text is set forth
as follows:
§ 390.5

*

Definitions.

*

*

*

*

Gross combination weight rating (GCWR)
means the value specified by the manufacturer as the loaded weight of a combination
motor vehicle.

*

*

*

*

*

§ 390.7 Rules of construction.
(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) Writing includes printing and
typewriting;
(3) Shall is used in an imperative
sense;
(4) Must is used in an imperative
sense;
(5) Should is used in a recommendatory sense;
(6) May is used in a permissive sense;
and
(7) Includes is used as a word of inclusion, not limitation.
[53 FR 18052, May 19, 1988, as amended at 60
FR 38744, July 28, 1995]

Subpart B—General Requirements
and Information
§ 390.9 State and local laws, effect on.
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

§ 390.15

these regulations by the person subject
thereto.
§ 390.11 Motor carrier to require observance of driver regulations.
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.
§ 390.13 Aiding or abetting violations.
No person shall aid, abet, encourage,
or require a motor carrier or its employees to violate the rules of this
chapter.
§ 390.15 Assistance in investigations
and special studies.
(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) For accidents that occur after
April 29, 2003, motor carriers must
maintain an accident register for three
years after the date of each accident.
For accidents that occurred on or prior
to April 29, 2003, motor carriers must
maintain an accident register for a period of one year 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.

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