- § 392.3
Ill or fatigued operator.
- § 392.5
- § 392.6
Schedules to conform with speed limits.
- § 392.7
Equipment, inspection and use.
- § 392.9
Inspection of cargo, cargo securement devices and systems.
- § 392.10
Railroad grade crossings; stopping required.
- § 392.14
Hazardous conditions; extreme caution.
- § 392.16
Use of seat belts.
- § 392.60
Unauthorized persons not to be transported.
Part 392Below is a the available guidance for the given section. To return to the list of parts, use the Parts link above. The menu to the left provides a full list of sections that have guidance. To view guidance for a different section, click on the menu item.
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View the regulations for Part 392
Guidance for § 392.3: Ill or fatigued operator.
Question 1: What protection is afforded a driver for refusing to violate the Federal Motor Carrier Safety Regulations (FMCSRs)?
Guidance: Section 405 of the Surface Transportation Assistance Act of 1982 (STAA) (49 U.S.C. 31105) states, in part, that no person shall discharge, discipline, or in any manner discriminate against an employee with respect to the employee’s compensation, terms, conditions, or privileges of employment for refusing to operate a vehicle when such operation constitutes a violation of any Federal rule, regulation, standard, or order applicable to Commercial Motor Vehicle (CMV) safety. In such a case, a driver may submit a signed complaint to the Occupational Safety and Health Administration.