§391.15 Disqualification of drivers.

§391.15 Disqualification of drivers.

Question 4: What are the differences between the disqualification provisions listed in §383.51 and 383.5 and those listed in §391.15?

Guidance: Part 383 disqualifications are applicable generally to drivers who possess...

§391.15 Disqualification of drivers.

§391.15 Disqualification of drivers.

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Question 3: Is a driver holding a valid driver’s license from his or her home State but whose privilege to drive in another State has been suspended or revoked, disqualified from driving by §391.15(b)?

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§391.15 Disqualification of drivers.

§391.15 Disqualification of drivers.

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Question 2: Is a decision of probation before judgment sufficient for disqualification?

Guidance: Yes, provided the State process includes a finding of guilt.

Is transportation within the boundaries of a State between a place in an Indian Reservation and a place outside such reservation interstate commerce?

Question 23: Is transportation within the boundaries of a State between a place in an Indian Reservation and a place outside such reservation interstate commerce?

Guidance: No, such transportation is considered to be intrastate commerce. An Indian reservation is geographically located...

Do the FMCSRs apply to Indian Tribal Governments?

Question 20: Do the FMCSRs apply to Indian Tribal Governments?

Guidance: Under § 390.3T(f)(2), transportation performed by the Federal Government, States, or political subdivisions of a State is generally exempt from the FMCSRs. Since 1997, FHWA and FMCSA have likewise not...

Question 4: Is there a requirement that a driver must personally load, block, brace, and tie down the cargo on the property carrying CMV he/she drives?

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

Question 4: Is there a requirement that a driver must personally load, block, brace, and tie down the cargo on the property carrying CMV he/she drives?

Guidance: No....

Question 3: How may the motor carrier determine safe loading when a shipper has loaded and sealed the trailer?

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

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...

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

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

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....

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?

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

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?

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Question 2: Must both drivers of a team operation comply with the provisions of §392.7 before driving?

§392.7 Equipment, inspection and use.   

Question 2: Must both drivers of a team operation comply with the provisions of §392.7 before driving?

Guidance: §392.7 states that a driver must be satisfied that the vehicle is in good working order...