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Question 2: Does the FMCSA have authority to enforce the safe loading requirements against a shipper that is not the motor carrier?

Document

§392.9 Inspection of cargo, cargo securement devices and systems.   

Guidance Q&A

Question 2: Does the FMCSA have authority to enforce the safe loading requirements against a shipper that is not the motor carrier?

Guidance: No, unless HM as defined in §172.101 are involved. It is the responsibility of the motor carrier and the driver to ensure that any cargo aboard a vehicle is properly loaded and secured.

Regulatory Topic: Inspection of cargo and cargo securement
Effective Date: Sunday, May 4, 1997
Issued Date: Sunday, May 4, 1997