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Question 5: A driver used by a motor carrier operates a CMV to and from his/her residence out of State. Is this considered interstate commerce?
Guidance: If the driver is operating a CMV at the direction of the motor carrier, it is considered interstate commerce and is subject to the...
Question 4: If a vehicle with a manufacturer’s GVWR of less than 10,001 pounds has been structurally modified to carry a heavier load, may an enforcement officer use the higher actual gross weight of the vehicle, instead of the GVWR, to determine the applicability of the FMCSRs?
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Question 3: If a vehicle’s GVWR plate and/or VIN number are missing but its actual gross weight is 10,001 pounds or more, may an enforcement officer use the latter instead of GVWR to determine the applicability of the FMCSRs?
Guidance: Yes. A vehicle is a “commercial motor vehicle”...
Question 2: Is a vehicle used to transport or tow an anhydrous ammonia nurse tank considered a CMV and subject to FMCSRs?
Guidance: Yes, provided the vehicle is not an off-road vehicle, its GVWR or GCWR meets or exceeds that of a CMV as defined in § 390.5, and/or the vehicle...
Question 1: Do the definitions of "farm", "farmer" and "agricultural crops" apply to greenhouse operations?
Guidance: FMCSA published an NPRM to clarify the meaning of “agricultural commodity” in § 395.1(k) [84 FR 36559, July 29, 2019]. This question will be addressed in that...
Question 17: What protection is afforded a driver for refusing to violate the FMCSRs?
Guidance: Section 405 of the 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...
*Question 25: Do the Federal Motor Carrier Safety Regulations apply to transportation performed by the federal government of a foreign country, or by a state, provincial, or territorial government of a foreign country?
Guidance: Yes. Although § 390.3T(f)(2) includes an exception...
May a motor carrier require fingerprinting as a pre-employment condition?
Guidance: The FMCSRs do not require or prohibit fingerprinting as a condition of employment. § 390.3(d) allows employers to enforce more stringent requirements.
Question 1: What constitutes a “serious pattern” of violations?
Guidance: A serious pattern constitutes violations that are both widespread and continuing over a period of time. A serious pattern is more than isolated violations. A serious pattern does not require a specific number of...
A motor carrier dispatches an empty CMV from State A into adjoining State B in order to transport cargo or passengers between two points in State B, and then to return empty to State A. Does the transportation of cargo or passengers within State B constitute interstate commerce?
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