Attachment Q: 49 CFR § 390.3

[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]