Commercial Motor Vehicle.Part

Part 396 concerns itself with the safety of your commercial motor vehicles. Part 396 is relatively small, containing only 13 regulations and no subparts. All intermodal equipment providers and motor carriers, regardless of type (private, for-hire, property-carrying, passenger-carrying, etc.), and the size and type of commercial vehicles they operate, are covered by these regulations. The only exception to Part 396 applies to covered farm vehicles, as defined in 390.5. 

Improper use and driving of commercial motor vehicles (Part 392),... 

Drivers subject to the commercial driver s license (CDL) standards, driving commercial motor vehicles, are subject to the alcohol and drug regulations in Part 382. 

The definition of a commercial motor vehicle in 382.107 and 383.5 covers both interstate and intrastate drivers. It applies to the drug and alcohol requirements in Part 382 and the standards in Part 383. 

In Part 390, certain operations do not fall vmder the definition of a commercial motor vehicle including school bus operations as defined by 390.5, government agencies, the transportation of sick and injiu-ed people, and the operation of fire trucks and rescue vehicles. 

In Part 390, vehicles designed or used to transport 9 to 15 passengers (including the driver), not for direct compensation, are exempted from the definition of a commercial motor vehicle. However, motor carriers operating these vehicles are required to comply with certain regulations including ... 

The disqualification criteria in Part 383 apply to drivers of commercial motor vehicles in intrastate, interstate, or foreign commerce. 

A determination by the Federal Motor Carrier Safety Administration (FMCSA) that a person is not quahfied to operate a commercial motor vehicle under Part 391. 

Certifies that the driver is fuUy qualified to drive a commercial motor vehicle under the rules of Part 391 of the Federal Motor Carrier Safety Regulations ... 

Provide evidence of successful completion of the Driver-Training Program requirements in Part 380, Subpart B, when requested by employers and/or an authorized Federal Motor Carrier Safety Administration (FMCSA), state, or local official as part of a compliance review (The program must be for the operation of commercial motor vehicles (CMVs) representative of the subject matter he/she will teach.) ... 

Comply with all provisions of the safety monitoring system in Part 385, Subpart B, including successfully passing Commercial Vehicle Safety Alliance (CVSA) Level I inspections at least every 90 days and have decals affixed to each commercial motor vehicle operated in the United States as required by 385.103(c). 

Operating a commercial motor vehicle without the levels of financial responsibility required in Part 387. 

Each commercial motor vehicle must have service, parking, and emergency brakes that meet the requirements of Part 393, Subpart C. 

All commercial motor vehicles manufactured on or after December 25, 1968, must, at a mmimum, meet the applicable requirements of 49 CFR 571.108 (FMVSS No. 108) in effect at the time of manufacture of the vehicle. Commercial motor vehicles manufactured before December 25, 1968, must, at a mmimum, meet the requirements of Part 393, Subpart B in effect at the time of manufacture. 

The driver must inspect the following parts and accessories and be sure they are in good working order prior to driving a commercial motor vehicle ... 

The length limitations described in this section do not include the length exclusive devices defined in 658.5, or 658.16 and Appendix D to Part 658, or which the Secretary may interpret as necessary for safe and efficient operation of commercial motor vehicles, except that no excluded device can be designed or used for carrying cargo. 

CFR Appendix D to Part 658 — Devices that are excluded from measurement of the length or width of a commercial motor vehicle. 

Hours of service The number of hours commercial motor vehicle drivers may drive and be on duty after meeting off-duty requirements, according to Part 395 of the Federal Motor Carrier Safety Regulations. 

Its may not be easy to answer. The company might not realize that it is a motor carrier, that it operates commercial motor vehicles, and that it is subject to regulations addressing motor carrier safety. When the company comes to this realization, it might not know how training plays a part in compliance. 

Entry-level driver training (Part 380, Subpart E) — A driver with less than one year of experience operating a commercial motor vehicle with a eommereial driver s hcense in interstate commerce must receive instraction in driver qualification requirements, hours of service, driver wellness, and whistleblower proteetion. 

Preventable accident (on the part of a motor carrier — see 385.5) means an accident that (1) involved a commercial motor vehicle, and (2) could have been averted but for an act, or failure to act, by the motor carrier or the driver. 

Note Not all Parts of the FMCSRs have Subparts. Part 396 — Inspection, Repair, and Maintenance, for example simply lists the regulations for the inspection, repair, and maintenance of commercial motor vehicles under the main heading. The DOT has determined that no Subparts are necessary for Part 396. 

Which vehicles are covered The CDL and drug/alcohol testing regulations apply to drivers of commercial motor vehicles as defined in 382.107 and 383.5 (see the discussion of this definition in Part 383 for more details) ... 

Commercial motor vehicle as far as this part of the regulations is concerned means a vehicle used in commerce that ... 

Remember, this part of the regulations (the drug and alcohol regulations) only apply if the vehicle the driver was driving meets the definition of a commercial motor vehicle found in 383.5. If the vehicle your driver was driving when the accident occurred did not meet this definition of a commercial motor vehicle, then no post-accident testing would be required. 

Note A driver for the purposes of drug and alcohol testing is defined as anyone who operates a commercial motor vehicle subject to the drug and alcohol testing regulations. This includes part-time drivers, casual drivers, occasional drivers, intermittent drivers, mechanics who drive occasionally, and leased drivers. Do not forget to include these individuals in your pool and in your calculations. 

The rules in this part apply to every person who operates a commercial motor vehicle (CMV) in interstate, foreign, or intrastate commerce, to all employers of such persons, and... 

Next, is 390.3 General applicability. 390.3(a) simply states that the regulations of Part 390 apply to all employees, employers, and commercial motor vehicles (CMVs). 

The definition of a commercial motor vehicle in 390.5 applies to all interstate drivers. Drivers of vehicles meeting this definition must comply with Parts 390 (the general regulations),... 

Reminder As with Part 390 and 392, when the term commercial motor vehicle (CMV) is used in this section of the manual, it means any self-propelled or towed motor vehicle used on a highway in interstate commerce to transport passengers or property when the vehicle ... 

Part 392 establishes basic safe driving (operating) regulations for all commercial motor vehicles. 

Although Part 392 — Driving of commercial motor vehicles, is less than six standard pages in length, it contains several important safety regulations. Part 392 is made up of eight Subparts, seven of which contain regulations ... 

Equipment, inspection and use Section 392.7 states, no commercial motor vehicle shall be driven unless the driver is satisfied that the following parts and accessories are in good working order, nor shall any driver fail to use or make use of such parts and accessories when and as needed ... 

The driver must be driving a property-carrying commercial motor vehicle for which a commercial driver s license is not required under Part 383,... 

A person subject to 49 U.S.C. chapter 51 or a motor carrier, broker, freight forwarder, or owner or operator of a commercial motor vehicle subject to part B of subtitle VI of title 49 U.S.C. who fails to allow promptly, upon demand, the Federal Motor Carrier Safety Administration (or an FMCSA-designated employee) to inspect and copy any record or inspect and examine equipment, lands, buildings, and other property, in accordance with 49 U.S.C. 504(c), 5121(c), and 14122(b). ... 

Operating in violation of an order issued under Sec. 386.72(b) to cease all or part of the employer s commercial motor vehicle operations (failure to cease operations as ordered). Up to 25,000 per day the operation continues after the effective date and time of the order to cease. 

Professional drivers have many priorities. Among them is the combination of being safe and dehvering on time. One way to accomplish this goal is to conduct a thorough pre-trip and post-trip inspection of the commercial motor vehicle s safety-related parts, components, and accessories. By fixing a small problem early, your drivers can avoid accidents and customer service failures due to over-the-road breakdowns. 

Note that the above definition of preventable accident is focused on the actions of the driver. It is the commonly used definition in evaluating driver performance. A broader definition, wrhich can be used to evaluate the driver s and the motor carrier s actions, is given by the Federal Motor Carrier Safety Regulations as follows Preventable accident on the part of a motor carrier means an accident (1) that involved a commercial motor vehicle, and (2) that could have been averted but for an act, or failure to act, by the motor carrier, or the driver. 

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