ETA - Driving of Motor Vehicles (Part 392)
|NOTE: Please do not use this guide as a substitute for the Federal Motor Carrier Safety Regulations (FMCSRs). The guide is currently being revised and continues to change as regulations are published, updated, etc. You should consult the FMCSRs, which are updated quarterly online.|
Illness or fatigue
No driver is permitted to operate a motor vehicle when his/her ability and/or alertness is impaired by fatigue, illness, or any other cause that makes it unsafe to begin (or continue) to drive the vehicle.
No driver may be on duty and possess, be under the influence of, or use:
Any Schedule I drug or other substance listed in Appendix D
- Any amphetamine or formulation of an amphetamine (including pep pills and bennies)
- Narcotics or derivatives
- Any other substance that makes driving unsafe.
A driver is forbidden to consume or be under the influence of alcohol within four hours of going on duty, while on duty, or while driving. A driver is forbidden to possess an alcoholic beverage while on duty, unless it is a manifested part of the shipment.
No one may drive or require anyone to drive a commercial motor vehicle unless the cargo is properly loaded and secured.
Motor vehicles transporting hazardous materials, and most buses transporting passengers, are forbidden to cross railroad tracks without first stopping and looking both ways. Additionally, the driver must not shift gears while crossing the track.
A driver must not drive before correctly restraining him/herself, if the vehicle is equipped with seat belt assemblies.
Emergency signals for stopped vehicles
A vehicle stopped upon a highway or shoulder must activate the vehicle's hazard warning flashers at once. The driver must leave the flashers on until warning devices are activated. The flashers must again be used while the warning devices are being picked up before the vehicle moves on.
Placement of warning devices
The warning devices must be placed as follows (except where special rules apply):
One warning device must be placed on the traffic side of the vehicle, within ten feet, in the direction of approaching traffic.
- A second device must be placed facing approaching traffic approximately 100 feet away in the center of the lane or shoulder where the vehicle is stopped.
- The third device must be placed about 100 feet away from the stopped vehicle, in the direction away from approaching traffic.
Use of radar detectors is prohibited, including the following:
Radar detectors shall not be used by a driver in a commercial vehicle.
- A driver shall not operate any commercial motor vehicle that is equipped with a radar detector.
- Motor carriers shall not require or permit a driver to violate the radar detector provisions.
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