General requirements and information
§390.21 Marking of CMVs.
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Editor''s Note: Paragraph 390.21(a) below is effective until June 17, 2009.
(a)
General. Every
self-propelled CMV, as defined in
§390.5, subject to subchapter B of this
chapter must be marked as specified in paragraphs (b), (c), and (d) of this
section.
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(b) Nature of marking. The
marking must display the following information:
(b)(1) The legal name or a single trade
name of the motor carrier operating the self-propelled CMV, as listed on the
motor carrier identification report (Form MCS-150) and submitted in accordance
with §390.19.
Editor''s Note: Paragraph 390.21(b)(2) below is effective until June 17, 2009.
(2) The motor carrier identification
number issued by the FMCSA, preceded by the letters “USDOT”.
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(b)(3) If the name of any person other
than the operating carrier appears on the CMV, the name of the operating
carrier must be followed by the information required by paragraphs (b)(1), and
(2) of this section, and be preceded by the words “operated by.”
(b)(4) Other identifying information may
be displayed on the vehicle if it is not inconsistent with the information
required by this paragraph.
(b)(5) Each motor carrier shall meet the
following requirements pertaining to its operation:
(b)(5)(i) All CMVs that are part of a motor
carrier’s existing fleet on July 3, 2000, and which are marked with an ICCMC
number must come into compliance with paragraph (b)(2) of this section by July
3, 2002.
(b)(5)(ii) All CMVs that are part of a
motor carrier’s existing fleet on July 3, 2000, and which are not marked with
the legal name or a single trade name on both sides of their CMVs, as shown on
the Motor Carrier Identification Report, Form MCS-150, must come into
compliance with paragraph (b)(1) of this section by July 5, 2005.
(b)(5)(iii) All CMVs added to a motor
carrier’s fleet on or after July 3, 2000, must meet the requirements of this
section before being put into service and operating on public ways.
(c) Size, shape, location, and color of marking. The marking must—
(c)(1) Appear on both sides of the
self-propelled CMV;
(c)(2) Be in letters that contrast sharply
in color with the background on which the letters are placed;
(c)(3) Be readily legible, during daylight
hours, from a distance of 50 feet (15.24 meters) while the CMV is stationary;
and
(c)(4) Be kept and maintained in a manner
that retains the legibility required by paragraph (c)(3) of this
section.
(d) Construction and durability. The marking may be painted on the CMV or may consist of a
removable device, if that device meets the identification and legibility
requirements of paragraph (c) of this section, and such marking must be
maintained as required by paragraph (c)(4) of this section.
(e) Rented CMVs. A motor
carrier operating a self-propelled CMV under a rental agreement having a term
not in excess of 30 calendar days meets the requirements of this section
if:
(e)(1) The CMV is marked in accordance
with the provisions of paragraphs (b) through (d) of this section; or
(e)(2) The CMV is marked as set forth in
paragraph (e)(2)(i) through (iv) of this section:
(e)(2)(i) The legal name or a single trade
name of the lessor is displayed in accordance with paragraphs (c) and (d) of
this section.
(e)(2)(ii) The lessor’s identification
number preceded by the letters “USDOT” is displayed in accordance with
paragraphs (c) and (d) of this section; and
(e)(2)(iii) The rental agreement entered
into by the lessor and the renting motor carrier conspicuously contains the
following information:
(e)(2)(iii)(A) The name and complete
physical address of the principal place of business of the renting motor
carrier.
(e)(2)(iii)(B) The identification number
issued the renting motor carrier by the FMCSA, preceded by the letters “USDOT,”
if the motor carrier has been issued such a number. In lieu of the
identification number required in this paragraph, the following may be shown in
the rental agreement:
(1)
Information which indicates whether the motor carrier is engaged in
“interstate” or “intrastate” commerce; and
(2)
Information which indicates whether the renting motor carrier is transporting
hazardous materials in the rented CMV;
(e)(2)(iii)(C) The sentence: “This lessor
cooperates with all Federal, State, and local law enforcement officials
nationwide to provide the identity of customers who operate this rental CMV”;
and
(e)(2)(iv) The rental agreement entered
into by the lessor and the renting motor carrier is carried on the rental CMV
during the full term of the rental agreement. See the leasing regulations at 49
CFR 376 for information that should be included in all leasing
documents.
(f) Driveaway services. In
driveaway services, a removable device may be affixed on both sides or at the
rear of a single driven vehicle. In a combination driveaway operation, the
device may be affixed on both sides of any one unit or at the rear of the last
unit. The removable device must display the legal name or a single trade name
of the motor carrier and the motor carrier’s USDOT number.
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[53 FR 18052, May 19, 1988; 53 FR 27689, July 22, 1988, as amended
at 53 FR 47543, Nov. 23, 1988; 55 FR 6993, Feb. 28,1990; 57 FR 3142, Jan. 28,
1992; 60 FR 38744, July 28, 1995; 62 FR 49942, Sept. 24, 1997; 65 FR 35296,
June 2, 2000; 73 FR 76821, Dec. 17, 2008]