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?

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”...

Is a vehicle used to transport or tow an anhydrous ammonia nurse tank considered a CMV and subject to FMCSRs?

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...

Do the definitions of "farm", "farmer" and "agricultural crops" apply to greenhouse operations?

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...

What protection is afforded a driver for refusing to violate the FMCSRs?

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...

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. Section 390.23 provides an exception to most of the FMCSRs

*Question 29: 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. Section 390.23 provides an exception to most of the FMCSRs for motor carriers providing direct...

Is the operation of fire trucks and rescue vehicles in interstate commerce by a private firefighting company subject to the FMCSRs when the company provides its services under contract to Federal or State agencies?

*Question 26: Is the operation of fire trucks and rescue vehicles in interstate commerce by a private firefighting company subject to the FMCSRs when the company provides its services under contract to Federal or State agencies?

Guidance: Generally, 49 CFR parts 390-399 (FMCSRs) are...

May drivers be coerced into employing loading or unloading assistance (lumpers)?

May drivers be coerced into employing loading or unloading assistance (lumpers)?

Guidance: No. The Motor Carrier Act of 1980 made it illegal to coerce someone into unwanted loading or unloading and require payment for it (49 U.S.C. 14103). The FMCSA is responsible for the enforcement...

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?

*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?

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.

What constitutes a “serious pattern” of violations?

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...