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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 violations...
Section 390.23 provides that parts 390 through 399 do not apply to any motor carrier or driver operating a CMV to provide direct assistance in an emergency. Is a motor carrier or driver required to keep a record of the driver’s on-duty or driving time while providing relief?
Guidance:...
Question 1: What markings must be displayed on a CMV when used by two or more motor carriers?
Guidance: The markings of the motor carrier responsible for the operation of the CMV must be displayed at the time of transportation. If 2 or more names are on the vehicle, the name of...
What types of documents must a motor carrier retain to support its accident register and be in compliance with §390.15(b)?
Guidance: The documents required by §390.15(b)(2) include all information about a particular accident generated by a motor carrier or driver to fulfill its...
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...