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Would the accident report retention requirement in §390.15(b)(2) include an ‘‘Adjuster’s Report’’ that is normally considered to be an internal document of an insurance company?
Guidance: No. The intent of §390.15(b)(2) is that motor carriers maintain copies of all documents which the...
Question: May a motor carrier create an accident register of its own, or is there a specified form that must be used?
Guidance: There is no specified form. A motor carrier may create or use any accident register as long as it includes the elements required by §390.15.
If an interstate driver gets stopped by a State enforcement officer for an inspection, would the inspecting officer be enforcing the Federal regulations or State regulations?
Guidance: A State enforcement officer can only enforce State laws. However, under the Motor Carrier Safety...
Are crashes involving motorists striking attenuator trucks while the impact attenuators or crash cushions are deployed included within the definition of ‘‘accident’’ with regard to the motor carrier responsible for the operation of the attenuator truck?
Guidance: No. Attenuator trucks...
May a motor carrier with a single business location, including a private residence, designate a different location as its "principal place of business"?
Guidance: No. The definition of "principal place of business" in 49 CFR 390.5T allows a carrier with multiple terminals or offices to...
What location may a motor carrier designate as its "principal place of business?"
Guidance: In instances where a motor carrier has more than one terminal or office, the regulations do not explicitly place a restriction on which location a motor carrier may designate as its principal...
What is considered a ‘‘public road?”
Guidance: The term “public road” has the same meaning as “highway” in § 390.5T.
The definition of a passenger CMV is a vehicle ‘‘designed to transport’’ more than 15 passengers, including the driver. Does that include standing passengers if the vehicle was specifically designed to accommodate standees?
Guidance: No. ‘‘Designed to transport’’ refers only to the...
Are trailers which are stacked upon each other and drawn by a motor vehicle by attachment to the bottom trailer, a driveaway-towaway operation.
Guidance: No. Only the bottom trailer has one or more sets of wheels on the roadway. The other trailers are cargo.
Can a truck tractor drawing a trailer be a driveaway-towaway operation?
Guidance: Yes, if the trailer is a commodity. For example, the trailer is transported from the manufacturer to the dealer or from the dealer or other seller to the buyer.