general requirements

GENERAL REQUIREMENTS

Reference

Part 390 Federal Motor Carrier Safety Regulations

http://www.fmcsa.dot.gov/rulesregs/fmcsr/regs/390.htm

This presentation is intended to educate all personnel of motor carrier companies on the FMCSA general safety regulations.

Purpose

Applicability

The Federal Motor Carrier Safety Regulations (FMCSRs) apply to all employers, employees and commercial motor vehicles transporting property or passengers in interstate commerce.

Exceptions to General Applicability

• Transportation provided by Federal, state and local governments

• Occasional transportation of personal property by individuals for non-commercial purposes

• School bus operations

• Transportation of human corpses or sick and injured people

Exceptions to General Applicability

CMVs carrying between 9 and 15 passengers not for direct compensation or not beyond a 75 air-mile radius from the driver’s normal work reporting location are subject to the following requirements:

1.must file Motor Carrier Identification Report

2. must maintain an accident register

3. must mark vehicle with the motor carrier identification number

What is a Commercial Motor Vehicle (CMV)?

Any self-propelled or towed motor vehicle used on a highway in interstate commerce to transport passengers or property that meets at least one of the following criteria:

What is a Commercial Motor Vehicle (CMV)?

• Has a gross vehicle rating, gross combination weight rating, gross vehicle weight or gross combination weight of 4,536 kg (10,001 lbs.) or more

• Is designed or used to transport more than 8 passengers for compensation

What is a Commercial Motor Vehicle (CMV)?

• Is designed or used to transport more than 15 passengers without compensation

or• Is used in transporting hazardous

material

Motor Carrier Responsibility

Whenever a duty is prescribed for a driver or a prohibition is imposed on a driver, it is the duty of the motor carrier to ensure compliance with that duty or prohibition.

Motor Carrier Identification Report

Each motor carrier that conducts operations in interstate commerce must file a Motor Carrier Identification Report (Form MCS-150) at the following times:

• before it begins operations • every 24 months

Type of Accident Required to be Reported

by Motor Carrier

An occurrence involving a CMV operating on a public road that results in at least one of the following:• a fatality• bodily injury to a person• disabling damage to one or more motor vehicles

Accident Register

For one year after an accident, motor carriers are required to maintain an accident register containing:• date and location of accident• driver’s name• number of injuries and fatalities• hazardous materials (other than fuel) released• other information as required

Assistance in Investigations

A motor carrier shall:• make all records and information

pertaining to an accident available to an authorized representative of the FMCSA upon request;

• give an authorized representative of the FMCSA all reasonable assistance in the investigation of any accident including providing a full, true and correct answer to any question of the inquiry.

Vehicle Identification

Every CMV operated by a motor carrier in interstate commerce must be marked on BOTH sides with the following:

• motor carrier’s name or trade name• city and state of its principal place of

business• motor carrier’s identification number

preceded by “US DOT”

Emergencies

Relief from Parts 390-399 of the FMCSRs may be granted during declared emergencies to any motor carrier who provides emergency assistance.

Aiding and Abetting Violations

No person shall aid, abet, encourage or require a motor carrier or its employees to violate the FMCSA rules.

Violation and Penalty

Any person who violates FMCSA regulations may be subject to civil or criminal penalties.

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