Official US Government Icon

Official websites use .gov
A .gov website belongs to an official government organization in the United States.

Secure Site Icon

Secure .gov websites use HTTPS
A lock ( ) or https:// means you’ve safely connected to the .gov website. Share sensitive information only on official, secure websites.

The latest information on the Coronavirus Disease 2019 (COVID-19) is available on coronavirus.gov.

United States Department of Transportation United States Department of Transportation

390.3T

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 within the area of a State. Enforcement on Indian reservations is inherently Federal, unless such authority has been granted to the States by Congressional enactment,...

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 enforced the FMCSRs against Indian Tribal Governments.  FMCSA reaffirms that longstanding position. Thus, when a driver is employed by and is operating a CMV owned by a...

49 CFR § 390.3T General applicability

Part 390

§ 390.3T General applicability

Question 24

Question 24: To what extent does the FMCSA have jurisdiction to regulate the qualifications and hours of service of CMV drivers engaged in interstate or foreign commerce if the drivers only occasionally operate in interstate or foreign commerce?

Guidance: The Federal Highway Administration (FHWA), the predecessor agency to FMCSA...

Part 390 § 390.3T General applicability Question 21

Question 21:Does the exemption in § 390.3T(f)(3) for the ‘‘occasional transportation of personal property by individuals not for compensation nor in the furtherance of a commercial enterprise’’ apply to persons who occasionally use CMVs to transport cars, boats, horses, etc., to races, tournaments, shows or similar events, even if prize money is offered at these...

49 CFR 390.3T General applicability Question 19 --Government Entities

Question 19: ‘‘Unless otherwise specifically provided,’’ § 390.3T(f)(2) exempts certain government entities and their drivers from compliance with 49 CFR Chapter III, Subchapter B, i.e., parts 350-399. Which parts are covered by this exemption and which are ‘‘otherwise specifically’’ excluded?

Guidance: Government employers and drivers are exempt from compliance with parts 325, 385, and 390–399. However, they must comply with the drug and alcohol...

Section 390.3T(f)(5) provides an exemption from the FMCSRs for the operation of fire trucks and rescue vehicles while such vehicles are being used in emergency and related operations. What is meant by the phrase “fire trucks and rescue vehicles?

Section 390.3T(f)(5) provides an exemption from the FMCSRs for the operation of fire trucks and rescue vehicles while such vehicles are being used in emergency and related operations. What is meant by the phrase “fire trucks and rescue vehicles?

Guidance: For the purposes of § 390.3T(f)(5), the term “fire trucks and rescue vehicles” should be considered to include a wide range of fire and rescue apparatus used by fire fighters, such as, but not limited to, pumper...

Section 390.3T(f)(5) provides an exemption from the FMCSRs for the operation of fire trucks and rescue vehicles while such vehicles are being used in emergency and related operations. What is meant by the phrase “emergency and related operations?”

Section 390.3T(f)(5) provides an exemption from the FMCSRs for the operation of fire trucks and rescue vehicles while such vehicles are being used in emergency and related operations. What is meant by the phrase “emergency and related operations?”

Guidance: The term “emergency,” as used in §b390.3T(f)(5), includes any occurrence, natural or manmade, that immediately threatens human life or public welfare, and requires the work of firefighters or rescue personnel to...