- § 392.3
Ill or fatigued operator.
- § 392.5
- § 392.6
Schedules to conform with speed limits.
- § 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.
Section § 392.9: Inspection of cargo, cargo securement devices and systems.Below are the available interpretations 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 interpretations. To view interpretations for a different section, click on the menu item.
The regulations text of the section can be found on the eCFR website. To view the regulations text, use the link below. For assistance, please send an email to FMCSA.Webmaster@dot.gov.
View regulations for Part 392
Question 1: Is a vehicle’s cargo compartment considered sealed according to the terms of §392.9(b)(4) when it is secured with a padlock, to which the driver holds a key?
Guidance: No. The driver has ready access to the cargo compartment by using the padlock key and would be required to perform the examinations of the cargo and load-securing devices described in §392.9(b).
Question 2: Does the Federal Highway Administration (FHWA) 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.
Question 3: How may the motor carrier determine safe loading when a shipper has loaded and sealed the trailer?
Guidance: Under these circumstances, a motor carrier may fulfill its responsibilities for proper loading a number of ways. Examples are:
- a. Arrange for supervision of loading to determine compliance; or
- b. Obtain notation on the connecting line freight bill that the lading was properly loaded; or
- c. Obtain approval to break the seal to permit inspection.
Question 4: Is there a requirement that a driver must personally load, block, brace, and tie down the cargo on the property carrying Commercial Motor Vehicle (CMV) he/she drives?
Guidance: No. But the driver is required to be familiar with methods and procedures for securing cargo, and may have to adjust the cargo or load securing devices pursuant to §392.9(b).