As used in this part, the following words and terms are construed to mean:
Adverse driving conditions means snow, sleet, fog, other adverse weather
conditions, a highway covered with snow or ice, or unusual road and traffic
conditions, none of which were apparent on the basis of information known to
the person dispatching the run at the time it was begun.
Agricultural commodity means any
agricultural commodity, nonprocessed food, feed, fiber,
or livestock (including livestock as defined in sec. 602 of the Emergency
Livestock Feed Assistance Act of 1988 [7
Automatic on-board recording device means an electric, electronic,
electromechanical, or mechanical device capable of recording driver's duty
status information accurately and automatically as required by §395.15. The device must be
integrally synchronized with specific operations of the commercial motor vehicle
in which it is installed. At a minimum, the device must record engine use, road
speed, miles driven, the date, and time of day.
Driver salesperson means any employee who is employed solely as such
by a private carrier of property by commercial motor vehicle, who is engaged
both in selling goods, services, or the use of goods, and in delivering by
commercial motor vehicle the goods sold or provided or upon which the services
are performed, who does so entirely within a radius of 100 miles of the point at
which he/she reports for duty, who devotes not more than 50% of his/her hours
on duty to driving time. The term selling goods for purposes of this
section shall include in all cases solicitation or obtaining of reorders or new
accounts, and may also include other selling or merchandising activities
designed to retain the customer or to increase the sale of goods or services,
in addition to solicitation or obtaining of reorders or new accounts.
Driving time means all time spent at the driving controls of a
commercial motor vehicle in operation.
Eight consecutive days means the period of 8 consecutive days
beginning on any day at the time designated by the motor carrier for a 24 hour
period.
Farm supplies for agricultural
purposes means products directly related to the growing or harvesting of
agricultural commodities during the planting and harvesting seasons within each
State, as determined by the State, and livestock feed at any time of the year.
Ground water well drilling rig means any vehicle, machine, tractor,
trailer, semi-trailer, or specialized mobile equipment propelled or drawn by
mechanical power and used on highways to transport water well field operating
equipment, including water well drilling and pump service rigs equipped to
access ground water.
Multiple stops means all stops made in any one village, town, or city
may be computed as one.
On duty time means all time from the time a driver begins to work or
is required to be in readiness to work until the time the driver is relieved
from work and all responsibility for performing work. On duty time shall
include:
(1) All time at a plant, terminal, facility, or other property of a motor
carrier or shipper, or on any public property, waiting to be dispatched, unless
the driver has been
relieved from duty by the motor carrier;
(2) All time inspecting, servicing, or conditioning any commercial motor
vehicle at any time;
(3) All driving time as defined in the term driving time;
(4) All time, other than driving time, in or upon any commercial
motor vehicle except time spent resting in a sleeper berth;
(5) All time loading or unloading a commercial motor vehicle, supervising,
or assisting in the loading or unloading, attending a commercial motor vehicle
being loaded or unloaded, remaining in readiness to operate the commercial
motor vehicle, or in giving or receiving receipts for shipments loaded or
unloaded;
(6) All time repairing, obtaining assistance, or remaining in attendance
upon a disabled commercial motor vehicle;
(7) All time spent providing a breath sample or urine specimen, including
travel time to and from the collection site, in order to comply with the
random, reasonable suspicion, post-accident, or follow-up testing required by part 382 of this subchapter
when directed by a motor carrier.
(8) Performing any other work in the capacity, employ, or service of a motor
carrier; and
(9) Performing any compensated work for a person who is not a motor carrier.
Seven consecutive days means the period of 7 consecutive days
beginning on any day at the time designated by the motor carrier for a 24 hour
period.
Sleeper berth means a berth conforming to the requirements of §393.76 of this chapter.
Transportation of construction materials and equipment means the transportation
of construction and pavement materials, construction equipment, and
construction maintenance vehicles, by a driver to or from an active
construction site (a construction site between mobilization of equipment and
materials to the site to the final completion of the construction project)
within a 50 air mile radius of the normal work reporting location of the
driver. This paragraph does not apply to the transportation of material found
by the Secretary to be hazardous under 49 U.S.C. 5103 in a quantity requiring placarding
under regulations issued to carry out such section.
Twenty four hour period means any 24 consecutive hour period
beginning at the time designated by the motor carrier for the terminal from
which the driver is normally dispatched.
Utility service vehicle means any commercial motor vehicle:
(1) Used in the furtherance of repairing, maintaining, or operating any
structures or any other physical facilities necessary for the delivery of
public utility services, including the furnishing of electric, gas, water,
sanitary sewer, telephone, and television cable or community antenna service;
(2) While engaged in any activity necessarily related to the ultimate
delivery of such public utility services to consumers, including travel or
movement to, from, upon, or between activity sites (including occasional travel
or movement outside the service area necessitated by any utility emergency as
determined by the utility provider); and
(3) Except for any occasional emergency use, operated primarily within the
service area of a utility’s subscribers or consumers, without regard to whether
the vehicle is owned, leased, or rented by the utility.
[57 FR 33648, July 30, 1992, as amended at 59 FR 7515, Feb. 15, 1994; 59 FR
60324, Nov. 23, 1994; 60 FR 38748, July 28, 1995; 63 FR 33279, June 18, 1998;
72 FR 36790, July 5, 2007].