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?...

Section § 382.103: Applicability

Section § 382.103: Applicability.

Question 2a: Are students training to be commercial motor vehicle drivers subject to drug and alcohol testing?

Guidance:  Yes.  The regulations in 49 CFR Part 382 apply to drivers operating a commercial motor vehicle (...

A person involved in an incident discovers that he or she is injured after leaving the scene of the incident and receives medical attention at that time. Does the incident meet the definition of accident in 49 CFR 390.5T?

Question 20: A person involved in an incident discovers that he or she is injured after leaving the scene of the incident and receives medical attention at that time. Does the incident meet the definition of accident in 49 CFR 390.5T?

Guidance: No. The incident does not meet the...

What is the meaning of ‘‘immediate’’ as used in the definition of ‘‘accident?’’

Question 19: What is the meaning of ‘‘immediate’’ as used in the definition of ‘‘accident?’’

Guidance: The term ‘‘immediate’’ means without an unreasonable delay. A person immediately receives medical treatment if he or she is transported directly from the scene of an accident to a...

Must a person who is injured in an accident and immediately receives treatment away from the scene of the accident be transported in an ambulance?

Question 18: Must a person who is injured in an accident and immediately receives treatment away from the scene of the accident be transported in an ambulance?

Guidance: No. Any type of vehicle may be used to transport an injured person from the accident scene to the treatment site....

May a motor carrier that employs owner-operators who have their own operating authority issued by the ICC or the Surface Transportation Board transfer the responsibility for compliance with the FMCSRs to the owner-operators?

Question 17: May a motor carrier that employs owner-operators who have their own operating authority issued by the ICC or the Surface Transportation Board transfer the responsibility for compliance with the FMCSRs to the owner-operators?

Guidance: No. The term ‘‘employee,’’ as defined...

Does a driver leasing company that hires, assigns, trains, and/or supervises drivers for a private or for-hire motor carrier become a motor carrier as defined by 49 CFR 390.5T?

Question 16: Does a driver leasing company that hires, assigns, trains, and/or supervises drivers for a private or for-hire motor carrier become a motor carrier as defined by 49 CFR 390.5T?

Guidance: No.

Does the definition of a ‘‘commercial motor vehicle’’ in § 390.5T of the FMCSRs include parking lot and/or street sweeping vehicles?

Question 15: Does the definition of a ‘‘commercial motor vehicle’’ in § 390.5T of the FMCSRs include parking lot and/or street sweeping vehicles?

Guidance: If the GVWR of a parking lot or street sweeping vehicle is 10,001 or more pounds, and it operates in interstate commerce, it...

To what extent would the windshield and/or mirrors of a vehicle have to be damaged in order for it to be considered ‘‘disabling damage’’ as used in the definition of an accident in § 390.5T?

Question 13: To what extent would the windshield and/or mirrors of a vehicle have to be damaged in order for it to be considered ‘‘disabling damage’’ as used in the definition of an accident in § 390.5T?

Guidance: The decision as to whether damage to a windshield and/or mirrors is...

A CMV becomes stuck in a median or on a shoulder, and has had no contact with another vehicle, a pedestrian, or a fixed object prior to becoming stuck. If a tow truck is used to pull the CMV back onto the traveled portion of the road, would this be consid

Question 12: A CMV becomes stuck in a median or on a shoulder, and has had no contact with another vehicle, a pedestrian, or a fixed object prior to becoming stuck. If a tow truck is used to pull the CMV back onto the traveled portion of the road, would this be considered an accident?

...