APPENDIX TO THE REGULATIONS REGARDING MOTOR CARRIER SAFETY REGULATIONS
Subject to the provisions of N.J.A.C. 13:60-2.1(c), this Appendix to the Regulations Regarding Motor Carrier Safety Regulations lists the adopted and incorporated, by reference, portions of the Federal Motor Carrier Safety Regulations, by Part, Subpart, Section, or Appendix. Parts, Subparts, Sections, or Appendices are listed by letter or number and by title to identify content for the reader. Modifications, revisions, amendments, and/or delays in implementation are stated within the appropriate Part(s), Subpart(s), Section(s), or Appendices. Omitted sections are identified with the notation "(This Section intentionally omitted.)".
CHAPTER III - FEDERAL HIGHWAY ADMINISTRATION DEPARTMENT OF TRANSPORTATION
SUBCHAPTER B - FEDERAL MOTOR CARRIER SAFETY REGULATIONS
PART 40 - PROCEDURES FOR TRANSPORTATION WORKPLACE
DRUG AND ALCOHOL TESTING PROGRAMS
Subpart A - Subpart A - Administrative Provisions
§ 40.1 Who does this regulation cover?
§ 40.3 What do the terms used in this regulation mean?
§ 40.5 Who issues authoritative interpretations of this regulation?
§ 40.7 How can you get an exemption from a requirement in this regulation?
Subpart B - Employer Responsibilities
§ 40.11 What are the general responsibilities of employers under this regulation?
§ 40.13 How do DOT drug and alcohol tests relate to non-DOT tests?
§ 40.15 May an employer use a service agent to meet DOT drug and alcohol testing requirements?
§ 40.17 Is an employer responsible for obtaining information from its service agents?
§ 40.19 (Reserved)
§ 40.21 May an employer stand down an employee before the MRO has completed the verification process?
§ 40.23 What actions do employers take after receiving verified test results?
§ 40.25 Must an employer check on the drug and alcohol testing record of employees it is intending to use to perform safety-sensitive duties?
§ 40.26 What form must an employer use to report Management Information System (MIS) data to a DOT agency?
§ 40.27 May an employer require an employee to sign a consent or release in connection with the DOT drug and alcohol testing program?
§ 40.29 Where is other information on employer responsibilities found in this regulation?
Subpart C - Urine Collection Personnel
§ 40.31 Who may collect urine specimens for DOT drug testing?
§ 40.33 What training requirements must a collector meet?
§ 40.35 What information about the DER must employers provide to collectors?
§ 40.37 Where is other information on the role of collectors found in this regulation?
Subpart D - Collection Sites, Forms, Equipment and Supplies Used in DOT Urine Collections
§ 40.41 Where does a urine collection for a DOT drug test take place?
§ 40.43 What steps must operators of collection sites take to protect the security and integrity of urine collections?
§ 40.45 What form is used to document a DOT urine collection?
§ 40.47 May employers use the CCF for non-Federal collections or non-Federal forms for DOT collections?
§ 40.49 What materials are used to collect urine specimens?
§ 40.51 What materials are used to send urine specimens to the laboratory?
Subpart E - Urine Specimen Collections
§ 40.61 What are the preliminary steps in the collection process?
§ 40.63 What steps does the collector take in the collection process before the employee provides a urine specimen?
§ 40.65 What does the collector check for when the employee presents a specimen?
§ 40.67 When and how is a directly observed collection conducted?
§ 40.69 How is a monitored collection conducted?
§ 40.71 How does the collector prepare the specimens?
§ 40.73 How is the collection process completed?
Subpart F - Drug Testing Laboratories
§ 40.81 What laboratories may be used for DOT drug testing?
§ 40.83 How do laboratories process incoming specimens?
§ 40.85 What drugs do laboratories test for?
§ 40.87 What are the cutoff concentrations for initial and confirmation tests?
§ 40.89 What is validity testing, and are laboratories required to conduct it?
§ 40.91 What validity tests must laboratories conduct on primary specimens?
§ 40.93 What criteria do laboratories use to establish that a specimen is dilute or substituted?
§ 40.95 What criteria do laboratories use to establish that a specimen is adulterated?
§ 40.97 What do laboratories report and how do they report it?
§ 40.99 How long does the laboratory retain specimens after testing?
§ 40.101 What relationship may a laboratory have with an MRO?
§ 40.103 What are the requirements for submitting blind specimens to a laboratory?
§ 40.105 What happens if the laboratory reports a result different from that expected for a blind specimen?
§ 40.107 Who may inspect laboratories?
§ 40.109 What documentation must the laboratory keep, and for how long?
§ 40.111 When and how must a laboratory disclose statistical summaries and other information it maintains?
§ 40.113 Where is other information concerning laboratories found in this regulation?
Subpart G - Medical Review Officers and the Verification Process
§ 40.121 Who is qualified to act as an MRO?
§ 40.123 What are the MRO‘s responsibilities in the DOT drug testing program?
§ 40.125 What relationship may an MRO have with a laboratory?
§ 40.127 What are the MRO‘s functions in reviewing negative test results?
§ 40.129 What are the MROs functions in reviewing laboratory confirmed positive, adulterated, substituted, or invalid drug test results?
§ 40.131 How does the MRO or DER notify an employee of the verification process after a confirmed positive, adulterated, substituted, or invalid test result?
§ 40.133 Under what circumstances may the MRO verify a test as positive, or as a refusal to test because of adulteration or substitution, without interviewing the employee?
§ 40.135 What does the MRO tell the employee at the beginning of the verification interview?
§ 40.137 On what basis does the MRO verify test results involving marijuana, cocaine, amphetamines, or PCP?
§ 40.139 On what basis does the MRO verify test results involving opiates?
§ 40.141 How does the MRO obtain information for the verification decision?
§ 40.143 (Reserved)
§ 40.145 On what basis does the MRO verify test results involving adulteration or substitution?
§ 40.147 (Reserved)
§ 40.149 May the MRO change a verified positive drug test result or refusal to test?
§ 40.151 What are MROs prohibited from doing as part of the verification process?
§ 40.153 How does the MRO notify employees of their right to a test of the split specimen?
§ 40.155 What does the MRO do when a negative or positive test result is also dilute?
§ 40.157 (Reserved)
§ 40.159 What does the MRO do when a drug test result is invalid?
§ 40.161 What does the MRO do when a drug test specimen is rejected for testing?
§ 40.163 How does the MRO report drug test results?
§ 40.165 To whom does the MRO transmit reports of drug test results?
§ 40.167 How are MRO reports of drug results transmitted to the employer?
§ 40.169 Where is other information concerning the role of MROs and the verification process found in this regulation?
Subpart H - Split Specimen Tests
§ 40.171 How does an employee request a test of a split specimen?
§ 40.173 Who is responsible for paying for the test of a split specimen?
§ 40.175 What steps does the first laboratory take with a split specimen?
§ 40.177 What does the second laboratory do with the split specimen when it is tested to reconfirm the presence of a drug or drug metabolite?
§ 40.179 What does the second laboratory do with the split specimen when it is tested to reconfirm an adulterated test result?
§ 40.181 What does the second laboratory do with the split specimen when it is tested to reconfirm a substituted test result?
§ 40.183 What information do laboratories report to MROs regarding split specimen results?
§ 40.185 Through what methods and to whom must a laboratory report split specimen results?
§ 40.187 What does the MRO do with split specimen laboratory results?
§ 40.189 Where is other information concerning split specimens found in this regulation?
Subpart I - Problems in Drug Tests
§ 40.191 What is a refusal to take a DOT drug test, and what are the consequences?
§ 40.193 What happens when an employee does not provide a sufficient amount of urine for a drug test?
§ 40.195 What happens when an individual is unable to provide a sufficient amount of urine for a pre-employment follow-up or return-to-duty test because of a permanent or long-term medical condition?
§ 40.197 What happens when an employer receives a report of a dilute specimen?
§ 40.199 What problems always cause a drug test to be cancelled?
§ 40.201 What problems always cause a drug test to be cancelled and may result in a requirement for another collection?
§ 40.203 What problems cause a drug test to be cancelled unless they are corrected?
§ 40.205 How are drug test problems corrected?
§ 40.207 What is the effect of a cancelled drug test?
§ 40.208 What problem requires corrective action but does not result in the cancellation of a test?
§ 40.209 What procedural problems do not result in the cancellation of a test and do not require corrective action?
Subpart J - Alcohol Testing Personnel
§ 40.211 Who conducts DOT alcohol tests?
§ 40.213 What training requirements must STTs and BATs meet?
§ 40.215 What information about the DER do employers have to provide to BATs and STTs?
§ 40.217 Where is other information on the role of STTs and BATs found in this regulation?
Subpart K - Testing Sites, Forms, Equipment and Supplies Used in Alcohol Testing
§ 40.221 Where does an alcohol test take place?
§ 40.223 What steps must be taken to protect the security of alcohol testing sites?
§ 40.225 What form is used for an alcohol test?
§ 40.227 May employers use the ATF for non-DOT tests, or non-DOT forms for DOT tests?
§ 40.229 What devices are used to conduct alcohol screening tests?
§ 40.231 What devices are used to conduct alcohol confirmation tests?
§ 40.233 What are the requirements for proper use and care of EBTs?
§ 40.235 What are the requirements for proper use and care of ASDs?
Subpart L - Alcohol Screening Tests
§ 40.241 What are the first steps in any alcohol screening test?
§ 40.243 What is the procedure for an alcohol screening test using an EBT or non-evidential breath ASD?
§ 40.245 What is the procedure for an alcohol screening test using a saliva ASD or a breath tube ASD?
§ 40.247 What procedures does the BAT or STT follow after a screening test result?
Subpart M - Alcohol Confirmation Tests
§ 40.251 What are the first steps in an alcohol confirmation test?
§ 40.253 What are the procedures for conducting an alcohol confirmation test?
§ 40.255 What happens next after the alcohol confirmation test result?
Subpart N - Problems in Alcohol Testing
§ 40.261 What is a refusal to take an alcohol test and what are the consequences?
§ 40.263 What happens when an employee is unable to provide a sufficient amount of saliva for an alcohol screening test?
§ 40.265 What happens when an employee is unable to provide a sufficient amount of breath for an alcohol test?
§ 40.267 What problems always cause an alcohol test to be cancelled?
§ 40.269 What problems cause an alcohol test to be cancelled unless they are corrected?
§ 40.271 How are alcohol testing problems corrected?
§ 40.273 What is the effect of a cancelled alcohol test?
§ 40.275 What is the effect of procedural problems that are not sufficient to cancel an alcohol test?
§ 40.277 Are alcohol tests other than saliva or breath permitted under these regulations?
Subpart O - Substance Abuse Professionals and the Return-to-Duty Process
§ 40.281 Who is qualified to act as a SAP?
§ 40.283 How does a certification organization obtain recognition for its members as SAPs?
§ 40.285 When is a SAP evaluation required?
§ 40.287 What information is an employer required to provide concerning SAP services to an employee who has a DOT drug and alcohol regulation violation?
§ 40.289 Are employers required to provide SAP and treatment services to employees?
§ 40.291 What is the role of the SAP in the evaluation, referral, and treatment process of an employee who has violated DOT agency drug and alcohol testing regulations?
§ 40.293 What is the SAP‘s function in conducting the initial evaluation of an employee?
§ 40.295 May employees or employers seek a second SAP evaluation if they disagree with the first SAP‘s recommendations?
§ 40.297 Does anyone have the authority to change a SAP‘s initial evaluation?
§ 40.299 What is the SAP‘s role and what are the limits on a SAP‘s discretion in referring employees for education and treatment?
§ 40.301 What is the SAP‘s function in the follow-up evaluation of an employee?
§ 40.303 What happens if the SAP believes the employee needs additional treatment, aftercare, or support group services even after the employee returns to safety-sensitive duties?
§ 40.305 How does the return-to-duty process conclude?
§ 40.307 What is the SAP‘s function in prescribing the employee‘s follow-up tests?
§ 40.309 What are the employer‘s responsibilities with respect to the SAP‘s directions for follow-up tests?
§ 40.311 What are the requirements concerning SAP reports?
§ 40.313 Where is other information on SAP functions and the return-to-duty process found in this regulation?
Subpart P - Confidentiality and Release of Information
§ 40.321 What is the general confidentiality rule for drug and alcohol test information?
§ 40.323 May program participants release drug or alcohol test information in connection with legal proceedings?
§ 40.325 (Reserved)
§ 40.327 When must the MRO report medical information gathered in the verification process?
§ 40.329 What information must laboratories, MROs, and other service agents release to employees?
§ 40.331 To what additional parties must employers and service agents release information?
§ 40.333 What records must employers keep?
Subpart Q - Roles and Responsibilities of Service Agents
§ 40.341 Must service agents comply with DOT drug and alcohol testing requirements?
§ 40.343 What tasks may a service agent perform for an employer?
§ 40.345 In what circumstances may a C/TPA act as an intermediary in the transmission of drug and alcohol testing information to employers?
§ 40.347 What functions may C/TPAs perform with respect to administering testing?
§ 40.349 What records may a service agent receive and maintain?
§ 40.351 What confidentiality requirements apply to service agents?
§ 40.353 What principles govern the interaction between MROs and other service agents?
§ 40.355 What limitations apply to the activities of service agents?
Subpart R - Public Interest Exclusions
§ 40.361 What is the purpose of a public interest exclusion (PIE)?
§ 40.363 On what basis may the Department issue a PIE?
§ 40.365 What is the Department‘s policy concerning starting a PIE proceeding?
§ 40.367 Who initiates a PIE proceeding?
§ 40.369 What is the discretion of an initiating official in starting a PIE proceeding?
§ 40.371 On what information does an initiating official rely in deciding whether to start a PIE proceeding?
§ 40.373 Before starting a PIE proceeding, does the initiating official give the service agent an opportunity to correct problems?
§ 40.375 How does the initiating official start a PIE proceeding?
§ 40.377 Who decides whether to issue a PIE?
§ 40.379 How do you contest the issuance of a PIE?
§ 40.381 What information do you present to contest the proposed issuance of a PIE?
§ 40.383 What procedures apply if you contest the issuance of a PIE?
§ 40.385 Who bears the burden of proof in a PIE proceeding?
§ 40.387 What matters does the Director decide concerning a proposed PIE?
§ 40.389 What factors may the Director consider?
§ 40.391 What is the scope of a PIE?
§ 40.393 How long does a PIE stay in effect?
§ 40.395 Can you settle a PIE proceeding?
§ 40.397 When does the Director make a PIE decision?
§ 40.399 How does the Department notify service agents of its decision?
§ 40.401 How does the Department notify employers and the public about a PIE?
§ 40.403 Must a service agent notify its clients when the Department issues a PIE?
§ 40.405 May the Federal courts review PIE decisions?
§ 40.407 May a service agent ask to have a PIE reduced or terminated?
§ 40.409 What does the issuance of a PIE mean to transportation employers?
§ 40.411 What is the role of the DOT Inspector General‘s office?
§ 40.413 How are notices sent to service agents?
Appendix A to Part 40—DOT Standards for Urine Collection Kits
Appendix B to Part 40—DOT Drug Testing Semi-Annual Laboratory Report
Appendix C to Part 40 (Reserved)
Appendix D to Part 40—Report Format: Split Specimen Failure to Reconfirm
Appendix E to Part 40—SAP Equivalency Requirements for Certification Organizations
Appendix F to Part 40—Drug and Alcohol Testing Information that C/TPAs May Transmit to Employers
Appendix G to Part 40—Alcohol Testing Form
Appendix H to Part 40—DOT Drug and Alcohol Testing Management Information System (MIS) Data Collection Form
PART 325 - COMPLIANCE WITH INTERSTATE MOTOR CARRIER NOISE EMISSION STANDARDS
Subpart A - General Provisions
325.1 - Scope of the rules in this part.
325.3 - Effective date.
325.5 - Definitions.
325.7 - Allowable noise levels.
325.9 - Measurement tolerances.
Subpart B - Administrative Provisions
325.11 - Issuance, amendment, and revocation of the rules in this part.
325.13 - Inspection and examination of motor vehicles.
Subpart C - Instrumentation
325.21 - Scope of the rules in this subpart.
325.23 - Type of measurement systems which may be used.
325.25 - Calibration of measurement systems.
325.27 - Use of a windscreen.
Subpart D - Measurement of Noise Emissions: Highway Operations
325.31 - Scope of the rules in this subpart.
325.33 - Site characteristics; highway operations.
325.35 - Ambient conditions; highway operations.
325.37 - Location and operation of sound level measurement system; highway operations.
325.39 - Measurement procedure: highway operations.
Subpart E - Measurement of Noise Emissions: Stationary Test
325.51 - Scope of the rules in this subpart.
325.53 - Site characteristics: stationary test.
325.55 - Ambient conditions: stationary test.
325.57 - Location and operation of sound level measurement systems: stationary test.
325.59 - Measurement procedure: stationary test.
Subpart F - Correction Factors
325.71 - Scope of the rules in this subpart.
325.73 - Microphone distance correction factors.
325.75 - Ground surface correction factors.
325.77 - Computation of open site requirements—nonstandard sites.
325.79 - Application of correction factors.
325.91 - Exhaust systems.
325.93 - Tires.
PART 350 - COMMERCIAL MOTOR CARRIER SAFETY ASSISTANCE PROGRAM
Subpart A - General
350.101 - What is the Motor Carrier Safety Assistance Program (MCSAP)?
350.103 - What is the purpose of this part?
350.105 - What definitions are used in this part?P funding?
350.109 - What are the national program elements?
350.111 - What constitutes “traffic enforcement” for the purpose of the MCSAP?
Subpart B - Requirements for Participation
350.201 - What conditions must a State meet to qualify for Basic Program Funds?
350.205 - How and when does a State apply for MCSAP funding?
350.207 - What response does a State receive to its CVSP submission?
350.209 - How does a State demonstrate that it satisfies the conditions for Basic Program funding?
350.211 - What is the format of the certification required by Sec. 350.209?
350.213 - What must a State CVSP include?
350.215 - What are the consequences for a State that fails to perform according to an approved CVSP or otherwise fails to meet the conditions of this part?
350.217 - What are the consequences for a State with a CDL program not in substantial compliance with 49 CFR part 384, subpart B?
Subpart C - Funding
350.301 - What level of effort must a State maintain to qualify for MCSAP funding?
350.303 - What are the State and Federal shares of expenses incurred under an approved CVSP?
350.305 - Are U.S. Territories subject to the matching funds requirement?
350.307 - How long are MCSAP funds available to a State?
350.309 - What activities are eligible for reimbursement under the MCSAP?
350.311 - What specific items are eligible for reimbursement under the MCSAP?
350.313 - How are MCSAP funds allocated?
350.315 - How may Basic Program Funds be used?
350.317 - What are Incentive Funds and how may they be used?
350.319 - What are permissible uses of High Priority Activity Funds?
350.321 - What are permissible uses of Border Activity Funds?
350.323 - What criteria are used in the Basic Program Funds allocation?
350.327 - How may States qualify for Incentive Funds?
350.329 - How may a State or a local agency qualify for High Priority or Border Activity Funds?
350.331 - How does a State ensure its laws and regulations are compatible with the FMCSRs and HMRs?
350.333 - What are the guidelines for the compatibility review? or regulations incompatible with the Federal regulations?
350.337 - How may State laws and regulations governing motor carriers, CMV drivers, and CMVs in interstate commerce differ from the FMCSRs and still be considered compatible?
350.339 - What are tolerance guidelines?
350.341 - What specific variances from the FMCSRs are allowed for State laws and regulations governing motor carriers, CMV drivers, and CMVs engaged in?
350.343 - How may a State obtain a new exemption for State laws and regulations for a specific industry involved in intrastate commerce?
350.345 - How does a State apply for additional variances from the FMCSRs?
PART 355 - COMPATIBILITY OF STATE LAWS AND REGULATIONS AFFECTING
INTERSTATE MOTOR CARRIER OPERATIONS
355.1 - Purpose.
355.3 - Applicability.
355.5 - Definitions.
355.21 - Regulatory review.
355.23 - Submission of results.
355.25 - Adopting and enforcing compatible laws and regulations.
PART 380 - SPECIAL TRAINING REQUIREMENTS
Subpart A - Longer Combination Vehicle (LCV) Driver-Training and Driver-Instructor Requirements-General
380.101 - Purpose and scope.
380.103 - Applicability.
380.105 - Definitions.
380.107 - General requirements.
380.109 - Driver testing.
380.111 - Substitute for driver training.
380.113 - Employer responsibilities.
Subpart B - LCV Driver-Training Program
380.201 - General requirements.
380.203 - LCV Doubles.
380.205 - LCV Triples.
Subpart C - LCV Driver-Instructor Requirements
380.301 - General requirements.
380.303 - Substitute for instructor requirements.
380.305 - Employer responsibilities.
Subpart D - Driver-Training Certification
380.401 - Certification document.
Subpart E - Entry-Level Driver Training Requirements
380.500 - Compliance date for training requirements for entry-level drivers.
380.501 - Applicability.
380.502 - Definitions.
380.503 - Entry-level driver training requirements.
380.505 - Proof of training.
380.507 - Driver responsibilities.
380.509 - Employer responsibilities.
380.511 - Employer recordkeeping responsibilities.
380.513 - Required information on the training certificate.
Appendix to Part 380 - LCV Driver Training Programs, Required Knowledge and Skills
PART 382 - CONTROLLED SUBSTANCES AND ALCOHOL USE AND TESTING
Subpart A - General
382.101 - Purpose.
382.103 - Applicability.
382.105 - Testing procedures.
382.107 - Definitions.
382.109 - Preemption of State and local laws.
382.111 - Other requirements imposed by employers.
382.113 - Requirement for notice.
382.115 - Starting date for testing programs.
382.117 - Public interest exclusion.
382.119 - Stand-down waiver provision.
382.121 - Employee admission of alcohol and controlled substances use.
Subpart B - Prohibitions
382.201 - Alcohol concentration.
382.205 - On-duty use.
382.207 - Pre-duty use.
382.209 - Use following an accident.
382.211 - Refusal to submit to a required alcohol or controlled substances test.
382.213 - Controlled substances use.
382.215 - Controlled substances testing.
Subpart C - Tests Required
382.301 - Pre-employment testing.
382.303 - Post-accident testing.
382.305 - Random testing.
382.307 - Reasonable suspicion testing.
382.309 - Return-to-duty testing.
382.311 - Follow-up testing.
Subpart D - Handling Of Test Results, Record Retention, and Confidentiality
382.401 - Retention of records.
382.403 - Reporting of results in a management information system.
382.405 - Access to facilities and records.
382.407 - Medical review officer notifications to the employer.
382.409 - Medical review officer record retention for controlled substances.
382.411 - Employer notifications.
382.413 - Inquiries for alcohol and controlled substances information from previous employers.
Subpart E - Consequences For Drivers Engaging In Substance Use-Related Conduct
382.501 - Removal from safety-sensitive function.
382.503 - Required evaluation and testing./font>
382.505 - Other alcohol-related conduct.
382.507 - Penalties.
Subpart F - Alcohol Misuse and Controlled Substances Use Information, Training, and Referral
382.601 - Employer obligation to promulgate a policy on the misuse of alcohol and use of controlled substances.
382.603 - Training for supervisors.
382.605 - Referral, evaluation, and treatment.
PART 383 - COMMERCIAL DRIVER‘S LICENSE STANDARDS; REQUIREMENTS AND PENALTIES
Subpart A - General
383.1 - Purpose and scope.
383.3 - Applicability.
383.5 - Definitions.
383.7 - Validity of CDL issued by decertified State.
Subpart B - Single License Requirement
383.21 - Number of drivers’ licenses.
383.23 - Commercial driver‘s license.
Subpart C - Notification Requirements and Employer Responsibilities
383.31 - Notification of convictions for driver violations.
383.33 - Notification of driver‘s license suspensions.
383.35 - Notification of previous employment.
383.37 - Employer responsibilities.
Subpart D - Driver Disqualifications and Penalties
383.51 - Disqualification of drivers.
383.52 - Disqualification of drivers determined to constitute an imminent hazard.
383.53 - Penalties.
Subpart E - Testing and Licensing Procedures
383.71 - Driver application procedures.
383.72 - Implied consent to alcohol testing.
383.73 - State procedures.
383.75 - Third party testing.
383.77 - Substitute for driving skills tests.
Subpart F - Vehicle Groups and Endorsements
383.91 - Commercial motor vehicle groups.
383.93 - Endorsements.
383.95 - Air brake restrictions.
Subpart G - Required Knowledge and Skills
383.110 - General requirement.
383.111 - Required knowledge.
383.113 - Required skills.
383.115 - Requirements for double/triple trailers endorsement.
383.117 - Requirements for passenger endorsement.
383.119 - Requirements for tank vehicle endorsement.
383.121 - Requirements for hazardous materials endorsement.
383.123 - Requirements for a school bus endorsement.
Appendix - Required Knowledge and Skills — Sample Guidelines
Subpart H - Tests
383.131 - Test procedures.
383.133 - Testing methods.
383.135 - Minimum passing scores.
383.141 - General.
Subpart J - Commercial Driver‘s License Document
383.151 - General.
383.153 - Information on the document and application.
383.155 - Tamper proofing requirements.
PART 384 - STATE COMPLIANCE WITH COMMERCIAL DRIVER‘S LICENSE PROGRAM
Subpart A - General
384.101 - Purpose and scope.
384.103 - Applicability.
384.105 - Definitions.
384.107 - Matter incorporated by reference.
Subpart B - Minimum Standards for Substantial Compliance by States
384.201 - Testing program.
384.202 - Test standards.
384.203 - Driving while under the influence.
384.204 - CDL issuance and information.
384.205 - CDLIS information.
384.206 - State record checks.
384.207 - Notification of licensing.
384.208 - Notification of disqualification.
384.209 - Notification of traffic violations.
384.210 - Limitation on licensing.
384.211 - Return of old licenses.
384.212 - Domicile requirement.
384.213 - State penalties for drivers of CMVs.
384.214 - Reciprocity.
384.215 - First offenses.
384.216 - Second offenses.
384.217 - Drug offenses.
384.218 - Second serious traffic violation.
384.219 - Third serious traffic violation.
384.220 - National Driver Register information.
384.221 - Out-of-service regulations (intoxicating beverage).
384.222 - Violation of out-of-service orders.
384.223 - Railroad-highway grade crossing violation.
384.224 - Noncommercial motor vehicle violations.
384.225 - Record of violations.
384.226 - Prohibition on masking convictions.
384.231 - Satisfaction of State disqualification requirement.
384.232 - Required timing of record checks.
384.233 - Background records checks.
Subpart C - Procedures for Determining State Compliance
384.301 - Substantial compliance-general requirements.
384.305 - State certifications for Federal fiscal years after FY 1994.
384.307 - FMCSA program reviews of State compliance.
384.309 - Results of compliance determination.
Subpart D - Consequences of State Noncompliance
384.401 - Withholding of funds based on noncompliance.
384.403 - Availability of funds withheld for noncompliance.
384.405 - Decertification of State CDL program.
384.407 - Emergency CDL grants.
PART 385 - SAFETY FITNESS PROCEDURES
Subpart A - General
385.1 - Purpose and scope.
385.3 - Definitions.
385.5 - Safety fitness standard.
385.7 - Factors to be considered in determining a safety rating.
385.9 - Determination of a safety rating.
385.11 - Notification of safety fitness determination.
385.13 - Unsatisfactory rated motor carriers; prohibition on transportation; ineligibility for Federal contracts.
385.14 - Motor carriers, brokers, and freight forwarders delinquent in paying civil penalties: prohibition on transportation.
385.15 - Administrative review.
385.17 - Change to safety rating based upon corrective actions.
385.19 - Safety fitness information.
Subpart B - Safety Monitoring System for Mexico-Domiciled Carriers
385.101 - Definitions
385.103 - Safety monitoring system.
385.105 - Expedited action.
385.107 - The safety audit.
385.109 - The compliance review.
385.111 - Suspension and revocation of Mexico-domiciled carrier registration.
385.113 - Administrative review.
385.115 - Reapplying for provisional registration.
385.117 - Duration of safety monitoring system.
385.119 - Applicability of safety fitness and enforcement procedures.
Subpart C - Certification of Safety Auditors, Safety Investigators, and Safety Inspectors
385.201 - Who is qua1ified to perform a review of a motor carrier?
385.203 - What are the requirements to obtain and maintain certification?
385.205 - How can a person who has lost his or her certification be re-certified?
Subpart D - New Entrant Safety Assurance Program
385.301 - What is a motor carrier required to do before beginning interstate operations?
385.303 - How does a motor carrier register with the FMCSA?
385.305 - What happens after the FMCSA receives a request for new entrant registration?
385.307 - What happens after a motor carrier begins operations as a new entrant?
385.309 - What is the purpose of the safety audit?
385.311 - What will the safety audit consist of?
385.313 - Who will conduct the safety audit?
385.315 - Where will the safety audit be conducted?
385.317 - Will a safety audit result in a safety fitness determination by the FMCSA?
385.319 - What happens after the completion of the safety audit?
385.321 - What failures of safety management practices disclosed by the safety audit will result in a notice to a new entrant that its DOT new entrant registration will be revoked?
385.323 - May the FMCSA extend the period under 385.319(c) for a new entrant to take corrective action to remedy its safety management practices?
385.325 - What happens after a new entrant has been notified under 385.319(c) to take corrective action to remedy its safety management practices?
385.327 - What happens when a new entrant receives a notice under 385.319(c) that its new entrant registration will be revoked and it believes the FMCSA made an error in its determination?
385.329 - May a new entrant that has had its U.S. DOT registration revoked and its operations placed out of service (OOS) reapply?
385.331 - What happens if a new entrant operates a CMV after having been issued an order placing its interstate operations out of service (OOS)?
385.333 - What happens at the end of the 18-month safety monitoring period?
385.335 - If the FMCSA conducts a compliance review on a new entrant, will the new entrant also be subject to a safety audit?
385.337 - What happens if a new entrant refuses to permit a safety audit to be performed on its operations?
Subpart E - Hazardous Materials Safety Permits
385.401 - What is the purpose and scope of this subpart?
385.402 - What definitions are used in this subpart?
385.403 - Who must hold a safety permit?
385.405 - How does a motor carrier apply for a safety permit?
385.407 - What conditions must a motor carrier satisfy for FMCSA to issue a safety permit?
385.409 - When may a temporary safety permit be issued to a motor carrier?
385.411 - Must a motor carrier obtain a safety permit if it has a State permit?
385.413 - What happens if a motor carrier receives a proposed safety rating that is less than Satisfactory?
385.415 - What operational requirements apply to the transportation of a hazardous material for which a permit is required?
385.417 - Is a motor carrier‘s safety permit number available to others?
385.419 - How long is a safety permit effective?
385.421 - Under what circumstances will a safety permit be subject to revocation or suspension by FMCSA?
385.423 - Does a motor carrier have a right to an administrative review of a denial, suspension, or revocation of a safety permit?
Appendix A - Explanation of Safety Audit Evaluation Criteria
Appendix B - Explanation of Safety Rating Process
PART 387 - MINIMUM LEVELS OF FINANCIAL RESPONSIBILITY FOR MOTOR CARRIERS
Subpart A - Motor Carriers of Property
387.1 - Purpose and scope.
387.3 - Applicability.
387.5 - Definitions.
387.7 - Financial responsibility required.
387.9 - Financial responsibility, minimum levels.
387.11 - State authority and designation of agent.
387.13 - Fiduciaries.
387.15 - Forms.
387.17 - Violation and penalty.
Subpart B - Motor Carriers of Passengers
387.25 - Purpose and scope.
387.27 - Applicability.
387.29 - Definitions.
387.31 - Financial responsibility required.
387.33 - Financial responsibility, minimum levels.
387.35 - State authority and designation of agent.
387.37 - Fiduciaries.
387.39 - Forms.
387.41 - Violation and penalty.
Subpart C - Surety Bonds and Policies of Insurance for Motor Carriers and Property Brokers
387.301 - Surety bond, certificate of insurance, or other securities.
387.303 - Security for the protection of the public: Minimum limits.
387.305 - Combination vehicles.
387.307 - Property broker surety bond or trust fund.
387.309 - Qualifications as a self-insurer and other securities or agreements.
387.311 - Bonds and certificates of insurance.
387.313 - Forms and procedures.
387.315 - Insurance and surety companies.
387.317 - Refusal to accept, or revocation by the FMCSA of surety bonds, etc.
387.319 - Fiduciaries.
387.321 - Operations in foreign commerce.
387.323 - Electronic filing of surety bonds, trust fund agreements, certificates of insurance and cancellations.
Subpart D - Surety Bonds and Policies of Insurance for Freight Forwarders
387.401 - Definitions.
387.403 - General requirements.
387.405 - Limits of liability.
387.407 - Surety bonds and certificates of insurance.
387.409 - Insurance and surety companies.
387.411 - Qualifications as a self-insurer and other securities or agreements.
387.413 - Forms and procedure.
387.415 - Acceptance and revocation by the FMCSA.
387.417 - Fiduciaries.
387.419 - Electronic filing of surety bonds, certificates of insurance and cancellations.
PART 388 - COOPERATIVE AGREEMENTS WITH STATES
388.1 - Eligibility.
388.2 - Extent of acceptance.
388.3 - Cancellation.
388.4 - Exchange of information.
388.5 - Requests for assistance.
388.6 - Joint investigation, inspection, or examination.
388.7 - Joint administrative activities related to enforcement of safety and hazardous materials laws and regulations.
388.8 - Supplemental agreements.
PART 390—FEDERAL MOTOR CARRIER SAFETY REGULATIONS: GENERAL
Subpart A—General Applicability and Definitions
Section 390.1 Purpose.
Section 390.3 General Applicability.
Section 390.5 Definitions.
(Section 390.5 is revised to state the following:)
“Commercial Motor Vehicle——Intrastate Commerce” means a motor vehicle or combination of motor vehicles used or designed to transport passengers or property in intrastate commerce:
(a) If the vehicle has a gross vehicle weight rating of 26,001 or more pounds or displays a gross vehicle weight rating of 26,001 or more pounds;
(b) If the vehicle has a gross combination weight rating of 26,001 or more pounds inclusive of a towed unit with a gross vehicle weight rating of more than 10,000 pounds;
(c) If the vehicle is designed to transport 16 or more passengers including the driver;
(d) If the vehicle is designed to transport 8 or more but less than 16 persons, including the driver, and is used to transport such persons for hire on a daily basis to and from places of employment; or
(e) If the vehicle is transporting or used in the transportation of hazardous material(s) and is required to be placarded in accordance with Subpart F of Part 172 of the Hazardous Materials Regulations ( 49 C.F.R. § 172.500 et seq.), or the vehicle displays a hazardous material(s) placard.
Section 390.7 Rules of Construction.
Subpart B—General Requirements and Information
Section 390.9 State and local laws, effect on.
Section 390.11 Motor carrier to require observance of driver
regulations.
Section 390.13 Aiding or abetting violations.
Section 390.15 Assistance in investigations and special studies.
Section 390.16 (Reserved)
Section 390.17 Additional equipment and accessories.
Section 390.19 Motor carrier identification report.
Section 390.21 Marking of CMVs.
(Section 390.21 is modified to state the following:)
A commercial motor vehicle operated in intrastate commerce shall be subject to the provisions of N.J.S.A. 39:4-46.
Section 390.23 Relief from regulations.
(Section 390.23 is modified to state the following:)
The following commercial motor vehicles, operating in intrastate commerce, are exempt from the requirements of this subchapter when any emergency occurs that affects the citizens of New Jersey:
(a) Commercial motor vehicles which are owned, operated, or leased by a public or quasi-public or private entity in this State, said entity being subject to the jurisdiction of the Board of Regulatory Commissioners; or
(b) Commercial motor vehicles which are owned, operated or leased by a public, quasi-public or private entity in this State and which are or will be operated under a contract to the State of New Jersey or a governmental or quasi-governmental entity thereof.
Such emergencies include, but are not limited to, weather and other acts of nature (e.g., snow, flooding, earthquake, power/telephone outages, disruptions to power or telephone transmission lines or facilities, supply lines or facilities for steam, water, or gas) and other emergencies (e.g., motor vehicle accidents, industrial accidents, fires, etc.)
Section 390.25 Extension of relief from regulations—emergencies.
Section 390.27 Locations of motor carrier safety service centers.
Section 390.29 Location of records or documents.
Section 390.31 Copies of records or documents.
Section 390.33 Commercial motor vehicles used for purposes other
than defined.
Section 390.35 Certificates, reports, and records: falsification,
reproduction, or alteration.
Section 390.37 Violation and penalty.
Subpart C (Removed and Reserved)
PART 391—QUALIFICATIONS OF DRIVERS
Subpart A—General
Section 391.1 Scope of the rules in this part; additional
qualifications; duties of carrier-drivers.
Section 391.2 General exemptions.
Subpart B—Qualifications and Disqualifications of Drivers
Section 391.11 General qualifications of drivers.
(Section 391.11 is modified to state the following:)
The provisions of Section 391.11(b)(1) do not apply to a driver engaged in intrastate commerce who possesses a valid New Jersey Commercial Driver License (CDL) and is at least 18 years old, and does not transport hazardous material(s) requiring hazardous material(s) placarding in accordance with Subpart F of Part 172 of the Hazardous Materials Regulations ( 49 C.F.R. § 172.500 et seq.) or operate a vehicle displaying a hazardous material(s) placard.
Section 391.13 Responsibilities of drivers.
Section 391.15 Disqualification of drivers.
Subpart C—Background and Character
Section 391.21 Application for employment.
(Section 391.21 is modified to state the following:)
The provisions of Section 391.21 do not apply to a driver engaged in intrastate commerce who possesses a valid New Jersey Commercial Driver License (CDL) as of September 20, 1993, and does not transport hazardous material(s) requiring hazardous material(s) placarding in accordance with Subpart F of Part 172 of the Hazardous Materials Regulations ( 49 C.F.R. § 172.500 et seq.), or operate a vehicle displaying a hazardous material(s) placard.
Section 391.23 Investigation and inquiries.
(Section 391.23 is modified to state the following:)
The provisions of Section 391.23 do not apply to a driver engaged in intrastate commerce who possesses a valid New Jersey Commercial Driver License (CDL) as of September 20, 1993, and does not transport hazardous material(s) requiring hazardous material(s) placarding in accordance with Subpart F of Part 172 of the Hazardous Materials Regulations ( 49 C.F.R. § 172.500 et seq.), or operate a vehicle displaying a hazardous material(s) placard.
Section 391.25 Annual inquiry and review of driving record.
Section 391.27 Record of violations.
Subpart D—Examinations and Tests
Section 391.31 Road test.
(Section 391.31 is modified to state the following:)
The provisions of Section 391.31 do not apply to a driver engaged in intrastate commerce who possesses a valid New Jersey Commercial Driver License (CDL) as of September 20, 1993, and does not transport hazardous material(s) requiring hazardous material(s) placarding in accordance with Subpart F of Part 172 of the Hazardous Materials Regulations ( 49 C.F.R. § 172.500 et seq.), or operate a vehicle displaying a hazardous material(s) placard.
Section 391.33 Equivalent of road test.
Section 391.35 (Removed and Reserved)
Section 391.37 (Removed and Reserved)
Subpart E—Physical Qualifications and Examinations
Section 391.41 Physical qualifications for drivers.
(Section 391.41 is modified to state the following:)
A driver engaged in intrastate commerce, who possesses a valid New Jersey Commercial Driver License (CDL) as of September 20, 1993, but who is not physically qualified to drive under Section 391.41(b) of this Subchapter may continue to drive a motor vehicle, unless the driver is transporting hazardous material(s) requiring hazardous material(s) placarding in accordance with Subpart F of Part 172 of the Hazardous Materials Regulations ( 49 C.F.R. § 172.500 et seq.), or is operating a vehicle displaying a hazardous material(s) placard.
Section 391.43 Medical examination; certificate of physical
examination.
Section 391.45 Persons who must be medically examined and
certified.
Section 391.47 Resolution of conflicts of medical evaluation.
Section 391.49 Alternative physical qualification standards for
the loss or impairment of limbs.
(Section 391.49 is revised to state the following:)
(a) A person who is not physically qualified to drive under Section 391.41(b)(1) or (2), and who is otherwise qualified to drive a motor vehicle, may drive a motor vehicle, if that person has been granted a waiver pursuant to this section, ( 49 C.F.R. § 391.49).
Subpart F—Files and Records
Section 391.51 General requirements for driver qualification files.
Subpart G—Limited Exemptions
Section 391.61 Drivers who were regularly employed before January
1, 1971.
(Section 391.61 is modified to state the following:)
The provisions of Section 391.61 do not apply to a driver engaged in intrastate commerce who possesses a valid New Jersey Commercial Driver License (CDL) as of September 20, 1993, and does not transport hazardous material(s) requiring hazardous material(s) placarding in accordance with Subpart F of Part 172 of the Hazardous Materials Regulations ( 49 C.F.R. § 172.500 et seq.), or operate a vehicle displaying a hazardous material(s) placard.
Section 391.62 Limited exemptions for intra-city zone drivers.
Section 391.63 Multiple-employer drivers.
Section 391.64 Grandfathering for certain drivers participating
in vision and diabetes waiver study programs.
Section 391.65 Drivers furnished by other motor carriers.
Section 391.67 Farm vehicle drivers of articulated commercial
motor vehicles.
Section 391.68 Private motor carrier of passengers (nonbusiness).
Section 391.69 Private motor carrier of passengers (business).
Section 391.71 (Removed and Reserved)
Section 391.73 (Removed and Reserved)
Section 391.125 (Removed and Reserved)
PART 392—DRIVING OF COMMERCIAL MOTOR VEHICLES
Subpart A—General
Section 392.1 Scope of the rules in this part.
Section 392.2 Applicable operating rules.
Section 392.3 Ill or fatigued operator.
Section 392.4 Drugs and other substances.
Section 392.5 Alcohol prohibition.
Section 392.6 Schedules to conform with speed limits.
Section 392.7 Equipment, inspection and use.
Section 392.8 Emergency equipment, inspection and use.
Section 392.9 Safe loading.
Section 392.9a Operating Authority
Section 392.9b (Removed and Reserved).
Subpart B—Driving of Commercial Motor Vehicles
Section 392.10 Railroad grade crossings; stopping required.
Section 392.11 Railroad grade crossings; slowing down required.
Section 392.12 (Removed and Reserved)
Section 392.13 (Removed and Reserved)
Section 392.14 Hazardous conditions; extreme caution.
Section 392.15 (Removed and Reserved)
Section 392.16 Use of seat belts.
Section 392.18 (Removed and Reserved)
Subpart C—Stopped Commercial Motor Vehicles
Section 392.20 (Removed and Reserved)
Section 392.21 (Removed and Reserved)
Section 392.22 Emergency signals; stopped commercial motor
vehicles.
Section 392.24 Emergency signals; flame-producing.
Section 392.25 Flame producing devices.
Subpart D—Use of Lighted Lamps and Reflectors
Section 392.30 (Removed and Reserved)
Section 392.31 (Removed and Reserved)
Section 392.32 (Removed and Reserved)
Section 392.33 Obscured lamps or reflectors.
Subpart E—License Revocation; Duties of Driver
Section 392.40 (Removed and Reserved)
Section 392.41 (Removed and Reserved)
Section 392.42 (Removed and Reserved)
Subpart F—Fueling Precautions
Section 392.50 Ignition of fuel; prevention.
Section 392.51 Reserve fuel; materials of trade.
Section 392.52 (Removed and Reserved)
Subpart G—Prohibited Practices
Section 392.60 Unauthorized persons not to be transported.
Section 392.61 (Removed and Reserved)
Section 392.62 Safe operation, buses.
Section 392.63 Towing or pushing loaded buses.
Section 392.64 Riding within closed commercial motor vehicles
without proper exits.
Section 392.65 (Removed and Reserved)
Section 392.66 Carbon monoxide; use of commercial motor vehicle
when detected.
Section 392.67 Heater, flame-producing; on commercial motor
vehicle in motion.
Section 392.68 (Removed and Reserved)
Section 392.69 (Removed and Reserved)
Section 392.71 Radar detectors; use and/or possession.
PART 393—PARTS AND ACCESSORIES NECESSARY FOR SAFE OPERATION
Subpart A—General
Section 393.1 Scope of the rules of this part.
Section 393.3 Additional equipment and accessories.
Section 393.5 Definitions.
Section 393.7 Matter incorporated by reference.
Subpart B—Lighting Devices, Reflectors, and Electrical Equipment
Section 393.9 Lamps operable.
Section 393.11 Lighting devices and reflectors.
Section 393.13 Retroreflective sheeting and reflex reflectors,
requirements for semitrailers and trailers
manufactured before December 1, 1993.
Section 393.17 Lamps and reflectors-combinations in
driveaway-towaway operation.
Section 393.19 Requirements for turn signaling systems.
Section 393.20 Clearance lamps to indicate extreme width and
height.
Section 393.22 Combination of lighting devices and reflectors.
Section 393.23 Lighting devices to be electric.
Section 393.24 Requirements for headlamps and auxiliary road
lighting lamps.
Section 393.25 Requirements for lamps other than headlamps.
Section 393.26 Requirements for reflectors.
Section 393.27 (Removed and Reserved)
Section 393.28 Wiring Systems.
Section 393.29 (Removed and Reserved)
Section 393.30 Battery installation.
Section 393.31 (Removed and Reserved)
Section 393.32 (Removed and Reserved)
Section 393.33 (Removed and Reserved)
Subpart C—Brakes
Section 393.40 Required brake systems.
Section 393.41 Parking brake system.
Section 393.42 Brakes required on all wheels.
Section 393.43 Breakaway and emergency braking.
Section 393.44 Front brake lines, protection.
Section 393.45 Brake tubing and hose, adequacy.
Section 393.46 (Removed and Reserved)
Section 393.47 Brake actuators, slack adjusters, linings/pads and
drum rotors.
Section 393.48 Brakes to be operative.
Section 393.49 Single valve to operate all brakes.
Section 393.50 Reservoirs required.
Section 393.51 Warning devices and gauges.
Section 393.52 Brake performance.
Section 393.53 Automatic brake adjusters and brake adjustment
indicators.
Section 393.55 Antilock brake systems.
Subpart D—Glazing and Window Construction
Section 393.60 Glazing in specified openings.
Section 393.61 Window construction.
Section 393.62 Window obstructions.
Section 393.63 Windows, markings.
Subpart E—Fuel Systems
Section 393.65 All fuel systems.
Section 393.67 Liquid fuel tanks.
Section 393.68 Compressed natural gas fuel containers.
Section 393.69 Liquefied petroleum gas systems.
Subpart F—Coupling Devices and Towing Methods
Section 393.70 Coupling devices and towing methods, except for
driveaway-towaway operations.
Section 393.71 Coupling devices and towing methods,
driveaway-towaway operations.
Subpart G—Miscellaneous Parts and Accessories
Section 393.75 Tires.
Section 393.76 Sleeper berths.
Section 393.77 Heaters.
Section 393.78 Windshield wipers.
Section 393.79 Defrosting device.
Section 393.80 Rear-vision mirrors.
Section 393.81 Horn. (This Section intentionally omitted.)
Section 393.82 Speedometer.
Section 393.83 Exhaust systems.
Section 393.84 Floors.
Section 393.85 (Reserved)
Section 393.86 Rear impact guards and rear end protection.
Section 393.87 Flags on projecting loads.
Section 393.88 Television receivers.
Section 393.89 Buses, driveshaft protection.
Section 393.90 Buses, standee line or bar.
Section 393.91 Buses, aisle seats prohibited.
Section 393.92 Buses, marking emergency doors.
Section 393.93 Seats, seat belt assemblies, and seat belt assembly
anchorages.
Section 393.94 Vehicle interior noise levels in power units.
Subpart H—Emergency Equipment
Section 393.95 Emergency equipment on all power units.
Subpart I—Protection Against Shifting or Falling Cargo
Section 393.100 General rules for protection against shifting or
falling cargo.
Section 393.102 Securement systems.
Section 393.104 Blocking and bracing.
Section 393.106 Front-end structure.
Section 393.108 Working load limit of tie downs.
Subpart J—Frames, Cab and Body Components, Wheels, Steering, and Suspension
Systems
Section 393.201 Frames.
Section 393.203 Cab and body components.
Section 393.205 Wheels.
Section 393.207 Suspension systems.
Section 393.209 Steering wheel systems.
PART 394 (REMOVED AND RESERVED)
PART 395 - HOURS OF SERVICE OF DRIVERS
Section 395.1 Scope of rules in this part.
Section 395.2 Definitions.
Section 395.3 - Maximum driving time.
(Section 395.3 is modified to state the following:)
The provision of Section 395.3 does not apply to intrastate drivers of commercial motor vehicles weighing 26,001 pounds or more operating in intrastate commerce provided that these vehicles are not designed to transport 16 or more passengers, including the driver, or used in the transportation of hazardous materials and required to be placarded in accordance with 49 C.F.R. §§ 172.500 et seq., or display a hazardous materials placard Intrastate drivers hours of service limitations are found at 49 C.F.R. 350.341(e).
Section 395.5 - Maximum driving time for passenger-carrying
vehicles.
(Section 395.5 is added to state the following)
Subject to the exceptions and exemptions in 395.1:
(a) No motor carrier shall permit or require any driver used by it to drive a passenger-carrying commercial motor vehicle, nor shall any such driver drive a passenger-carrying commercial motor vehicle:
1. More than 10 hours following eight consecutive hours off duty; or
2. For any period after having been on duty 15 hours following eight consecutive hours off duty.
(b) No motor carrier shall permit or require a driver of a passenger-carrying commercial motor vehicle to drive, nor shall any driver drive a passenger-carrying commercial motor vehicle, regardless of the number of motor carriers using the driver‘s services, for any period after-
1. Having been on duty 60 hours in any seven consecutive days if the employing motor carrier does not operate commercial motor vehicles every day of the week; or
2. Having been on duty 70 hours in any period of eight consecutive days if the employing motor carrier operates commercial motor vehicles every day of the week.
Section 395.7 (Removed and Reserved)
Section 395.8 Driver‘s record of duty status.
Section 395.10 (Removed and Reserved)
Section 395.11 (Removed and Reserved)
Section 395.12 (Removed and Reserved)
Section 395.13 Drivers declared out of service.
Section 395.15 Automatic on-board recording devices.
PART 396 INSPECTION, REPAIR AND MAINTENANCE
Section 396.1 Scope.
Section 396.3 Inspection, repair and maintenance.
Section 396.5 Lubrication.
Section 396.7 Unsafe operations forbidden.
Section 396.9 Inspection of motor vehicles in operation.
Section 396.11 Driver vehicle inspection report(s).
Section 396.13 Driver inspection.
Section 396.15 Driveaway-towaway operations and inspections.
Section 396.17 Periodic inspection.
Section 396.19 Inspector qualifications.
Section 396.21 Periodic inspection record keeping requirements.
Section 396.23 Equivalent to periodic inspection.
Section 396.25 Qualifications of brake inspectors.
PART 397 TRANSPORTATION OF HAZARDOUS MATERIALS; DRIVING AND PARKING RULES
Subpart A—General
Section 397.1 Application of the rules in this part.
Section 397.2 Compliance with Federal motor carrier safety
regulations.
Section 397.3 State and local laws, ordinances, and regulations.
(This Section intentionally omitted.)
Section 397.5 Attendance and surveillance of motor vehicles.
Section 397.7 Parking.
Section 397.9 (Removed and Reserved)
Section 397.11 Fires.
Section 397.13 Smoking.
Section 397.15 Fueling.
Section 397.17 Tires.
Section 397.19 Instructions and documents.
Subpart B (Reserved)
Subpart C—Routing of Non-Radioactive Hazardous Materials
Section 397.61 Purpose and scope.
Section 397.63 Applicability.
Section 397.65 Definitions.
Section 397.67 Motor carrier responsibility for routing.
Section 397.69 Highway routing designations; preemption.
Section 397.71 Federal standards.
Section 397.73 Public information and reporting requirements.
Section 397.75 Dispute resolution.
Section 397.77 Judicial review of dispute decision.
Subpart D—Routing of Class 7 (Radioactive) Materials
Section 397.101 Requirements for motor carriers and drivers.
Section 397.103 Requirements for State routing designations.
Subpart E—Preemption Procedures
Section 397.201 Purpose and scope of the procedures.
Section 397.203 Standards for determining preemption.
Section 397.205 Preemption application.
Section 397.207 Preemption notice.
Section 397.209 Preemption processing.
Section 397.211 Preemption determination.
Section 397.213 Waiver of preemption application.
Section 397.215 Waiver notice.
Section 397.217 Waiver processing.
Section 397.219 Waiver determination and order.
Section 397.221 Timeliness.
Section 397.223 Petition for reconsideration.
Section 397.225 Judicial review.
PART 398 - TRANSPORTATION OF MIGRANT WORKERS
Section 398.1 - Definitions.
Section 398.3 - Applicability.
Section 398.4 - Qualifications of drivers or operators.
Section 398.4 - Driving of motor vehicles.
Section 398.5 - Parts and accessories necessary for safe operation.
Section 398.6 - Hours of service of drivers; maximum driving time.
Section 398.7 - Inspection and maintenance of motor vehicles.
Section 398.8 - Administration inspection of motor vehicles in operation.
APPENDIX F TO SUBCHAPTER B—— COMMERCIAL ZONES
Section 1 New York, N.Y.
Section 6 Philadelphia, Pa.
Section 11 Commercial zones of municipalities in New Jersey
within 5 miles of New York, N.Y.
Section 12 Commercial zones of municipalities in Westchester
and Nassau Counties, N.Y.
Section 43 Definitions.
Section 44 Commercial zones determined generally, with
exceptions.
Section 45 Controlling distances and population data.
APPENDIX G TO SUBCHAPTER B——MINIMUM PERIODIC INSPECTION STANDARDS
Chapter Notes
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