Table of Contents 1
Part 393 - Parts and Accessories Necessary for Safe Operation
233
Part 395 - Hours of Service of Drivers
329
Part 396 - Inspection, Repair, and Maintenance
371
Part 387 - Minimum Levels of Financial Responsibility for Motor Carriers 115
Part 397 - Transportation of Hazardous Materials; Driving and Parking Rules
385
Part 390 - Federal Motor Carrier Safety Regulations; General
Part 398 - Transportation of Migrant Workers
405
Part 399 - Employee Safety and Health Standards
413
Index
417
Part 382 - Controlled Substances and Alcohol Use and Testing Part 383 - Commercial Driver’s License Standards; Requirements and Penalties
13
51
141
Part 391 - Qualifications of Drivers and Longer Combination Vehicle (LCV) Driver Instructors
181
Part 392 - Driving of Commercial Motor Vehicles
221
TOC i
Table of Contents
Part 380 - Special Training Requirements
TOC
Recent changes in regulations: December 27, 2011 (Federal Register Volume 76, No. 248)
In the December 27, 2011 Federal Register, the FMCSA revised the hours of service (HOS) regulations to limit the use of the 34-hour restart provision to once every 168 hours and to require that anyone using the 34-hour restart provision have as part of the restart two periods that include 1 a.m. to 5 a.m. It also includes a provision that allows truckers to drive if they have had a break of at least 30 minutes, at a time of their choosing, sometime within the previous 8 hours. This rule does not include a change to the daily driving limit because the Agency is unable to definitively demonstrate that a 10-hour limit—which it favored in the notice of proposed rulemaking (NPRM)—would have higher net benefits than an 11-hour limit. The current 11-hour limit is therefore unchanged at this time. The 60- and 70-hour limits are also unchanged. The purpose of the rule is to limit the ability of drivers to work the maximum number of hours currently allowed, or close to the maximum, on a continuing basis to reduce the possibility of driver fatigue. Long daily and weekly hours are associated with an increased risk of crashes and with the chronic health conditions associated with lack of sleep. These changes will affect only the small minority of drivers who regularly work the longer hours. This rule affected §§ 385, 386, 390, and 395. The rule changes that affect Appendix B to Part 386— Penalty Schedule; Violations and Monetary Penalties; the oilfield exemption in § 395.1(d)(2); and the definition of on-duty time in § 395.2 became effective on February 27, 2012. All the other rule changes became effective on July 1, 2013.
March 14, 2013 (Federal Register Volume 78, No. 50)
In the March 14, 2013 Federal Register, the FMCSA promulgated the regulatory exemptions for the ‘‘transportation of agricultural commodities and farm supplies’’ and for ‘‘covered farm vehicles’’ and their drivers enacted by sections 32101(d) and 32934, respectively, of the Moving Ahead for Progress in the 21st Century Act (MAP–21). Although prior statutory exemptions involving agriculture are unchanged, some of these exemptions overlap with MAP–21 provisions. In these cases, regulated entities will be able to choose the exemption, or set of exemptions, under which to operate. They must, however, comply fully with the terms of each exemption they claim. This rule affected §§ 382, 383, 390, 391, 395, and 396. This rule became effective on March 14. 2013.
March 25, 2013 (Federal Register Volume 78, No. 57)
In the March 25, 2013 Federal Register, the FMCSA amended its May 9, 2011, final rule in response to certain petitions for reconsideration. The 2011 final rule amended the commercial driver’s license (CDL) knowledge and skills testing standards and established new minimum Federal standards for States to issue the commercial learner’s permit (CLP). The Agency received 34 petitions for reconsideration that covered a wide range of issues. FMCSA granted or denied each of these petitions, by orders available in the docket referenced at the beginning of this notice. This final rule addresses the petitions that were granted. This amendment affected §§ 383 and 384 and became effective on April 24, 2013.
April 26, 2013 (Federal Register Volume 78, No. 81)
In the April 26, 2013 Federal Register, the FMCSA amended its commercial driver’s license (CDL) rules to eliminate the requirement for drivers to notify the State licensing agency that issued their commercial learner’s permit (CLP) or CDL of out-of-State traffic convictions when those convictions occur in States that have a certified CDL program in substantial compliance with FMCSA’s rules. Current regulations require both CDL holders and States with certified CDL programs to report a CDL holder’s out-of-State traffic conviction to the driver’s State of licensure. This final rule amends the CDL rules to eliminate this reporting redundancy for those cases in which the conviction occurs in a State that has a certified CDL program in substantial compliance with FMCSA’s regulations. This change will reduce a regulatory burden on individual CLP and CDL holders and State driver licensing agencies. This rule is responsive to Executive Order (E.O.) 13563 ‘‘Improving Regulation and Regulatory Review,’’ issued January 18, 2011. This amendment affects §§ 383 and 384 and became effective on May 28.2013.
ii
TOC
Part 380 - Special Training Requirements Part 380 - Special Training Requirements Subpart A - Longer Combination Vehicle (LCV) Driver-Training and Driver-Instructor Requirements — General §380.101 §380.103 §380.105 §380.107 §380.109 §380.111 §380.113
Purpose and scope. Applicability. Definitions. General requirements. Driver testing. Substitute for driver training. Employer responsibilities.
Subpart B - LCV Driver-Training Program §380.201 §380.203 §380.205
General requirements. LCV Doubles. LCV Triples.
§380.301 §380.303 §380.305
General requirements. Substitute for instructor requirements. Employer responsibilities.
1 1 1 2 2 3 4
4 4 4 5
6 6 6 6
Subpart A – Longer Combination Vehicle (LCV) Driver-Training and Driver-Instructor Requirements — General §380.101
Purpose and scope
(a) Purpose. The purpose of this part is to establish minimum requirements for operators of longer combination vehicles (LCVs) and LCV driver-instructors. [§380.101(a)] (b) Scope. This part establishes: [§380.101(b)] (1) Minimum training requirements for operators of LCVs; [§380.101(b)(1)]
(2) Minimum qualification requirements for LCV driver-instructors; and [§380.101(b)(2)] (3) Procedures for determining compliance with this part by 380 operators, instructors, training institutions, and employers. [§380.101(b)(3)]
§380.103
Applicability
Subpart D - Driver-Training Certification
7
The rules in this part apply to all operators of LCVs in interstate commerce, employers of such persons, and LCV driver-instructors.
7
[§380.103]
Subpart E - Entry-Level Driver Training Requirements
7
§380.105
§380.401 §380.501 §380.502 §380.503 §380.505 §380.507 §380.509 §380.511 §380.513
Certification document.
Applicability. Definitions. Entry-level driver training requirements. Proof of training. Driver responsibilities. Employer responsibilities. Employer recordkeeping responsibilities. Required information on the training certificate.
7 7 7 8 8 8 8 8
Definitions
(a) The definitions in part 383 of this subchapter apply to this part, except where otherwise specifically noted.[§380.105(a)] (b) As used in this part: [§380.105(b)] Classroom instructor means a qualified LCV driver-instructor who provides knowledge instruction that does not involve the actual operation of a longer combination vehicle or its components. Instruction may take place in a parking lot, garage, or any other facility suitable for instruction.[§380.105(b)] Longer combination vehicle (LCV) means any combination of a truck-tractor and two or more trailers or semi-trailers, which operate on the National System of Interstate and Defense Highways with a gross vehicle weight (GVW) greater than 36,288 kilograms (80,000 pounds).[§380.105(b)] LCV Double means an LCV consisting of a truck-tractor in combination with two trailers and/or semi-trailers.[§380.105(b)]
1
Special Training Requirements
Subpart C - LCV Driver-Instructor Requirements
1
§380.105 (b)
Part 380 - Special Training Requirements
§380.109
LCV Triple means an LCV consisting of a truck-tractor in combination with three trailers and/or semi-trailers.[§380.105(b)] Qualified LCV driver-instructor means an instructor meeting the requirements contained in subpart C of this part. There are two types of qualified LCV driver-instructors: (1) classroom instructor and (2) skills instructor.[§380.105(b)] Skills instructor means a qualified LCV driver-instructor who provides behind-the-wheel instruction involving the actual operation of a longer combination vehicle or its components outside a classroom.[§380.105(b)] Training institution means any technical or vocational school accredited by an accrediting institution recognized by the U.S. Department of Education. A motor carrier's training program for its drivers or an entity that exclusively offers services to a single motor carrier is not a training institution.[§380.105(b)]
§380.107
General requirements
(a) Except as provided in §380.111, a driver who wishes to operate an LCV shall first take and successfully complete an LCV driver-training program that provides the knowledge and skills necessary to operate an LCV. The specific types of knowledge and skills that a training program shall include are outlined in the appendix to this part.[§380.107(a)] (b) Before a person receives training:[§380.107(b)] (1) That person shall present evidence to the LCV driver-instructor showing that he/she meets the general requirements set forth in subpart B of this part for the specific type of LCV training to be taken.[§380.107(b)(1)] (2) The LCV driver-instructor shall verify that each trainee applicant meets the general requirements for the specific type of LCV training to be taken.[§380.107(b)(2)] (c) Upon successful completion of the training requirement, the driver-student shall be issued an LCV Driver Training Certificate by a certifying official of the training entity in accordance with the requirements specified in subpart D of this part.[§380.107(c)]
2
§380.109
Driver testing
(a) Testing methods. The driver-student must pass knowledge and skills tests in accordance with the following requirements, to determine whether a driver-student has successfully completed an LCV driver-training program as specified in subpart B of this part. The written knowledge test may be administered by any qualified driver-instructor. The skills tests, based on actual operation of an LCV, must be administered by a qualified LCV skills instructor.[§380.109(a)] (1) All tests shall be constructed to determine if the driver-student possesses the required knowledge and skills set forth in the appendix to this part for the specific type of LCV training program being taught.[§380.109(a)(1)] (2) Instructors shall develop their own tests for the specific type of LCV-training program being taught, but those tests must be at least as stringent as the requirements set forth in paragraph (b) of this section.[§380.109(a)(2)] (3) LCV driver-instructors shall establish specific methods for scoring the knowledge and skills tests.[§380.109(a)(3)] (4) Passing scores must meet the requirements of paragraph (b) of this section.[§380.109(a)(4)] (5) Knowledge and skills tests shall be based upon the information taught in the LCV training programs as set forth in the appendix to this part.[§380.109(a)(5)] (6) Each knowledge test shall address the training provided during both theoretical and behind-the-wheel instruction, and include at least one question from each of the units listed in the table to the appendix to this part, for the specific type of LCV training program being taught. [§380.109(a)(6)]
(7) Each skills test shall include all the maneuvers and operations practiced during the Proficiency Development unit of instruction (behind-the-wheel instruction), as described in the appendix to this part, for the specific type of LCV training program being taught.[§380.109(a)(7)]
General (b) Proficiency determinations. The driver-student must meet the following conditions to be certified as an LCV driver: [ยง380.109(b)]
(1) Answer correctly at least 80 percent of the questions on each knowledge test; and[ยง380.109(b)(1)] (2) Demonstrate that he/she can successfully perform all of the skills addressed in paragraph (a)(7) of this section. [ยง380.109(b)(2)]
[ยง380.109(d)]
ยง380.111
Substitute for driver training
(a) Grandfather clause. The LCV driver-training requirements specified in subpart B of this part do not apply to an individual who meets the conditions set forth in paragraphs (b), (c), and (d) of this section. A motor carrier must ensure that an individual claiming eligibility to operate an LCV on the basis of this section meets these conditions before allowing him/her to operate an LCV.[ยง380.111(a)]
(b) An individual must certify that, during the 2-year period immediately preceding the date of application for a Certificate of Grandfathering, he/she had:[ยง380.111(b)] (1) A valid Class A CDL with a โ double/triple trailersโ endorsement;[ยง380.111(b)(1)] (2) No more than one driver's license;[ยง380.111(b)(2)] (3) No suspension, revocation, or cancellation of his/her CDL; [ยง380.111(b)(3)]
(4) No convictions for a major offense while operating a CMV as defined in ยง383.51(b) of this subchapter;[ยง380.111(b)(4)] (5) No convictions for a railroad-highway grade crossing offense while operating a CMV as defined in ยง383.51(d) of this subchapter;[ยง380.111(b)(5)] (6) No convictions for violating an out-of-service order as 380 defined in ยง383.51(e) of this subchapter;[ยง380.111(b)(6)] (7) No more than one conviction for a serious traffic violation, as defined in ยง383.5 of this subchapter, while operating a CMV; and[ยง380.111(b)(7)] (8) No convictions for a violation of State or local law relating to motor vehicle traffic control arising in connection with any traffic crash while operating a CMV.[ยง380.111(b)(8)] (c) An individual must certify and provide evidence that he/she:
Special Training Requirements
(c) Automatic test failure. Failure to obey traffic laws or involvement in a preventable crash during the skills portion of the test will result in automatic failure. Automatic test failure determinations are made at the sole discretion of the qualified LCV driverinstructor.[ยง380.109(c)] (d) Guidance for testing methods and proficiency determinations. Motor carriers should refer to the Examiner's Manual for Commercial Driver's License Tests for help in developing testing methods and making proficiency determinations. You may obtain a copy of this document by contacting the American Association of Motor Vehicle Administrators (AAMVA), 4300 Wilson Boulevard, Suite 400, Arlington, Virginia 22203.
ยง380.111 (c)
[ยง380.111(c)]
(1) Is regularly employed in a job requiring the operation of a CMV that requires a CDL with a double/triple trailers endorsement; and[ยง380.111(c)(1)] (2) Has operated, during the 2 years immediately preceding the date of application for a Certificate of Grandfathering, vehicles representative of the type of LCV that he/she seeks to continue operating.[ยง380.111(c)(2)]
3
Part 380 - Special Training Requirements
§380.203
(d) A motor carrier must issue a Certificate of Grandfathering to a person who meets the requirements of this section and must maintain a copy of the certificate in the individual's Driver Qualification file. [§380.111(d)]
(2) Allow, require, permit, or authorize an individual to operate an LCV which the LCV driver-training certificate, CDL, and CDL endorsement(s) do not authorize the driver to operate. This provision applies to individuals employed by or under contract to the motor carrier.[§380.113(a)(2)] (b) A motor carrier that employs or has under contract LCV drivers shall provide evidence of the certifications required by §380.401 or §380.111 of this part when requested by an authorized FMCSA, State, or local official in the course of a compliance review.[§380.113(b)]
Subpart B – LCV Driver-Training Program §380.201
General requirements
(a) The LCV Driver-Training Program that is described in the appendix to this part requires training using an LCV Double or LCV Triple and must include the following general categories of instruction: [§380.201(a)]
Download a full-size PDF of the Longer Combination Vehicle (LCF) Driver-Training Certificate of Grandfathering (e) An applicant may be grandfathered under this section only during the year following June 1, 2004.[§380.111(e)]
§380.113
Employer responsibilities
(a) No motor carrier shall:[§380.113(a)] (1) Allow, require, permit or authorize an individual to operate an LCV unless he/she meets the requirements in §§380.203 or 380.205 and has been issued the LCV driver-training certificate described in §380.401. This provision does not apply to individuals who are eligible for the substitute for driver training provision in §380.111.[§380.113(a)(1)]
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(1) Orientation;[§380.201(a)(1)] (2) Basic operation;[§380.201(a)(2)] (3) Safe operating practices;[§380.201(a)(3)] (4) Advanced operations; and [§380.201(a)(4)] (5) Nondriving activities.[§380.201(a)(5)] (b) The LCV Driver-Training Program must include the minimum topics of training set forth in the appendix to this part and behind-the-wheel instruction that is designed to provide an opportunity to develop the skills outlined under the Proficiency Development unit of the training program.[§380.201(b)]
§380.203
LCV Doubles
(a) To qualify for the training necessary to operate an LCV Double, a driver-student shall, during the 6 months immediately preceding application for training, have:[§380.203(a)] (1) A valid Class A CDL with a double/triple trailer endorsement; [§380.203(a)(1)]
(2) Driving experience in a Group A vehicle as described in §383.91 of this subchapter. Evidence of driving experience shall be an employer's written statement that the driver has,
Subpart B – LCV Driver-Training Program for at least 6 months immediately preceding application, operated a Group A vehicle while under his/her employ; [§380.203(a)(2)]
(3) No more than one driver's license; [§380.203(a)(3)] (4) No suspension, revocation, or cancellation of his/her CDL; [§380.203(a)(4)]
(5) No convictions for a major offense, as defined in §383.51(b) of this subchapter, while operating a CMV; [§380.203(a)(5)]
[§380.203(b)]
(c) Driver-students who successfully complete the Driver Training Program for LCV Doubles shall be issued a certificate, in accordance with subpart D of this part, indicating the driver is qualified to operate an LCV Double. [§380.203(c)]
§380.205
LCV Triples
(a) To qualify for the training necessary to operate an LCV Triple, a driver-student shall, during the 6 months immediately preceding application for training, have:[§380.205(a)] (1) A valid Class A CDL with a double/triple trailer endorsement; [§380.205(a)(1)]
(2) Experience operating the vehicle listed under paragraph (a)(2)(i) or (a)(2)(ii) of this section. Evidence of driving experience shall be an employer's written statement that the driver has, during the 6 months immediately preceding application, operated the applicable vehicle(s):[§380.205(a)(2)] (i) Group A truck-tractor/semi-trailer combination as described in §383.91 of this subchapter; or [§380.205(a)(2)(i)]
(ii) Group A truck-tractor/semi-trailer/trailer combination that operates at a gross vehicle weight of 80,000 pounds or less;[§380.205(a)(2)(ii)] (3) No more than one driver's license;[§380.205(a)(3)] (4) No suspension, revocation, or cancellation of his/her CDL; [§380.205(a)(4)]
(5) No convictions for a major offense, as defined in §383.51(b) of this subchapter, while operating a CMV;[§380.205(a)(5)] (6) No convictions for a railroad-highway grade crossing offense, as defined in §383.51(d) of this subchapter, while operating a CMV;[§380.205(a)(6)] (7) No convictions for violating an out-of-service order, as defined in §383.51(e) of this subchapter;[§380.205(a)(7)] (8) No more than one conviction for a serious traffic violation, as defined in §383.5 of this subchapter, while operating a CMV; and[§380.205(a)(8)] (9) No convictions for a violation of State or local law relating to motor vehicle traffic control arising in connection with any traffic crash, while operating a CMV.[§380.205(a)(9)] (b) Driver-students meeting the preliminary requirements in paragraph (a) of this section shall successfully complete a training program that meets the minimum unit requirements for LCV Triples as set forth in the appendix to this part.[§380.205(b)] (c) Driver-students who successfully complete the Driver Training Program for LCV Triples shall be issued a certificate, in accordance with subpart D of this part, indicating the driver is qualified to operate an LCV Triple.[§380.205(c)]
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380 Special Training Requirements
(6) No convictions for a railroad-highway grade crossing offense, as defined in §383.51(d) of this subchapter, while operating a CMV; [§380.203(a)(6)] (7) No convictions for violating an out-of-service order as defined in §383.51(e) of this subchapter; [§380.203(a)(7)] (8) No more than one conviction for a serious traffic violation, as defined in §383.5 of this subchapter, while operating a CMV; and [§380.203(a)(8)] (9) No convictions for a violation of State or local law relating to motor vehicle traffic control arising in connection with any traffic crash while operating a CMV. [§380.203(a)(9)] (b) Driver-students meeting the preliminary requirements in paragraph (a) of this section shall successfully complete a training program that meets the minimum unit requirements for LCV Doubles as set forth in the appendix to this part.
§380.205 (c)
Part 380 - Special Training Requirements
§380.305
Subpart C – LCV Driver-Instructor Requirements §380.301
General requirements
There are two types of LCV driver-instructors: Classroom instructors and Skills instructors. Except as provided in §380.303, you must meet the conditions under paragraph (a) or paragraph (b) of this section to qualify as an LCV driver-instructor.[§380.301] (a) Classroom instructor. To qualify as an LCV Classroom instructor, a person shall:[§380.301(a)] (1) Have audited the driver-training course that he/she intends to instruct.[§380.301(a)(1)] (2) If employed by a training institution, meet all State requirements for a vocational instructor.[§380.301(a)(2)] (b) Skills instructor. To qualify as an LCV skills instructor, a person shall:[§380.301(b)] (1) Provide evidence of successful completion of the DriverTraining Program requirements, as set forth in subpart B of this part, when requested by employers and/or an authorized FMCSA, State, or local official in the course of a compliance review. The Driver-Training Program must be for the operation of CMVs representative of the subject matter that he/she will teach.[§380.301(b)(1)] (2) If employed by a training institution, meet all State requirements for a vocational instructor;[§380.301(b)(2)] (3) Possess a valid Class A CDL with all endorsements necessary to operate the CMVs applicable to the subject matter being taught (LCV Doubles and/or LCV Triples, including any specialized variation thereof, such as a tank vehicle, that requires an additional endorsement); and [§380.301(b)(3)]
(4) Have at least 2 years' CMV driving experience in a vehicle representative of the type of driver training to be provided (LCV Doubles or LCV Triples).[§380.301(b)(4)]
§380.303
Substitute for instructor requirements
(a) Classroom instructor. The requirements specified under §380.301(a) of this part for a qualified LCV driver-instructor are waived for a classroom instructor-candidate who has 2 years of
6
recent satisfactory experience teaching the classroom portion of a program similar in content to that set forth in the appendix to this part.[§380.303(a)] (b) Skills instructor. The requirements specified under §380.301(b) of this part for a qualified LCV driver-instructor are waived for a skills instructor-candidate who:[§380.303(b)] (1) Meets the conditions of §380.111(b);[§380.303(b)(1)] (2) Has CMV driving experience during the previous 2 years in a vehicle representative of the type of LCV that is the subject of the training course to be provided;[§380.303(b)(2)] (3) Has experience during the previous 2 years in teaching the operation of the type of LCV that is the subject of the training course to be provided; and[§380.303(b)(3)] (4) If employed by a training institution, meets all State requirements for a vocational instructor.[§380.303(b)(4)]
§380.305
Employer responsibilities
(a) No motor carrier shall:[§380.305(a)] (1) Knowingly allow, require, permit or authorize a driver-instructor in its employ, or under contract to the motor carrier, to provide LCV driver training unless such person is a qualified LCV driverinstructor under the requirements of this subpart; or [§380.305(a)(1)]
(2) Contract with a training institution to provide LCV driver training unless the institution:[§380.305(a)(2)] (i) Uses instructors who are qualified LCV driver-instructors under the requirements of this subpart;[§380.305(a)(2)(i)] (ii) Is accredited by an accrediting institution recognized by the U.S. Department of Education;[§380.305(a)(2)(ii)] (iii) Is in compliance with all applicable State training school requirements; and[§380.305(a)(2)(iii)] (iv) Identifies drivers certified under §380.401 of this part, when requested by employers and/or an authorized FMCSA, State, or local official in the course of a compliance review.[§380.305(a)(2)(iv)] (b) A motor carrier that employs or has under contract qualified LCV driver-instructors shall provide evidence of the certifications
Brakes
Index A
IX
B
Index
Accidents Definition 390.5 150 Recordkeeping 390.15(b) 161 Adverse Driving Conditions 395.1.(b) 329 Age of Driver 391.11(b)(1) 182 Alaska Hours of Service 395.1.(h) 332 Restricted CDLs 383.3.(e) 53 Alcohol Concentration 382.201 22 Consequences Alcohol-Related Conduct 382.505 43 Evaluation and Testing 382.503 42 Penalties 382.507 43 Safety-Sensitive Functions, Removal from 382.501 42 382.505 43 Disqualification from Driving 383.51(b) 69 391.15(c) 183 Driving Under the Influence Definition 383.5 59 Driver Disqualification 383.51(b) 69 391.15(c)(2)(i) 183 Evaluation 382.605 45 Following Accident 382.209 22 Misuse 382.601 43 On-Duty Use 382.205 22 Pre-Duty Use 382.207 22 Prohibition 392.5 222 Referral 382.605 45 Supervisor Training 382.603 44 Testing
Alcohol (continued) Testing (continued) Follow-Up 382.311 36 Post-Accident 382.303 25 Pre-Employment 382.301 23 Procedures 382.105 16 Random 382.305 28 Reasonable Suspicion 382.307 34 Records Access 382.405 39 Employer Notifications 382.411 41 Inquiries for 382.413 41 Retention 382.401 36 Refusal to Submit 382.211 22 Results, Reporting 382.403 38 Return-to-Duty 382.309 36 Starting Date 382.115 20 Treatment 382.605 45 Automatic Brake Adjusters 393.53 273
Battery Installation 393.30 260 Boulders, Securing 393.136 325 Brake Adjusters, Automatic 393.53 273 Brakes Adjustment Indicator 393.53(c) 273 Antilock 393.55 273 Automatic Adjusters Air Brake Systems 393.53(b) 273 Hydraulic Brake Systems 393.53(a) 273
417
Brakes Brakes (continued) Breakaway 393.43 264 Emergency 393.43 264 Front Brake Lines, Protection 393.44 265 Lining 393.47 266 Operative 393.48 267 Parking Brake Systems 393.41 262 Performance 393.52 271 Required Systems 393.40 261 Reservoirs Required 393.50 269 Tubing and Hose 393.45 265 Connections 393.45(d) 266 Warning Signals and Gauges 393.51 269 Buses Aisle Seats Prohibited 393.91 301 Defrosting and Defogging Systems 393.79 298 Driveshaft Protection 393.89 301 Emergency Doors Inspection 396.3.(a)(2) 371 Test Records 396.3.(b)(4) 371 Emergency Equipment 393.95 304 Emergency Exits 393.62 276 Emergency Exits 393.62 Marking 393.62(e) 277 Window Requirements 393.62(d) 277 Financial Responsibility 387.31 125 Horn 393.81 298 Lighting Devices 393.11 242 Pushing 392.63 231 Rear-Vision Mirrors 393.80 298 Reflectors 393.11 242 Safe Operation 392.62 230 Seats, Seat Belt Assemblies, and Seat Belt Assembly Anchorages 393.93(a) 302 Speedometer 393.82 298 Standee Line or Bar 393.90 301 Towing 392.63 231 Windshield Wiping and Washing Systems 393.78 297
418
C Cab and Body Components 393.203 326 Carbon Monoxide 392.66 231 Cargo, Inspection 392.9 224 Cargo, Securing Applicability 393.106(a) 308 Boulders 393.136 325 Concrete Pipe 393.124 320 Containers, Roll-on/Roll-off or Hook Lift 393.134 324 Devices Performance Criteria 393.102 305 Standards 393.104 306 Front End Structures 393.114 312 Intermodal Containers 393.126 322 Load Loss 393.100(b) 305 Shifting 393.100(c) 305 Logs 393.116 312 Lumber, Dressed 393.118 314 Metal Coils 393.120 315 Paper Rolls 393.122 318 Placement and Restraint 393.106(c) 308 Tiedowns Adjusting 393.112 311 Manufacturing Standards 393.104(e) 307 Number 393.110 311 Use 393.104(f) 307 Vehicles Automobiles, Light Trucks, and Vans 393.128 323 Flattened or Crushed 393.132 324 Heavy Vehicles, Equipment, and Machinery 393.130 323 Types 393.100(a) 305 Certificates, Falsification 390.35 171 Class 7 Materials 397.101 396 397.103 398 Commercial Driver's License Definition 383.5 59 Employer Responsibilities 383.37 68 Penalties 383.53 80 Required Skills 383.113 102
Coupling Devices and Towing Methods Commercial Motor Vehicles (continued) Parking Brake System 393.41 262 Radar Detectors 392.71 231 Railroad Crossings Slowing Down 392.11 227 Stopping 392.10 226 Required Knowledge to Operate 383.111 99 Reservoirs 393.50 269 Seat Belts 392.16 227 Speed Limits 392.6 223 Unsafe 396.7 372 Concrete Pipe, Securing 393.124 320 Controlled Substances Disqualification from Driving 383.51 69 391.15(c) 183 Driving Under the Influence, Driver Disqualification 383.51(b) 69 391.15(c)(2)(ii) 184 391.15(c)(2)(iii) 184 Misuse 382.601 43 Prohibition 392.4 222 Safety-Sensitive Functions, Removal from 382.501 42 382.505 43 Testing Follow-Up 382.311 36 Positive 382.215 23 Post-Accident 382.303 25 Pre-Employment 382.301 23 Procedures 382.105 16 Random 382.305 28 Reasonable Suspicion 382.307 34 Records Access 382.405 39 Inquiries for 382.413 41 Retention 382.401 36 Refusal to Submit 382.211 22 Results, Reporting 382.403 38 Return-to-Duty 382.309 36 Starting Date 382.115 20 Substituting a Test Specimen 382.215 23 Use 382.213 22 Coupling Devices and Towing Methods Non-Driveaway-Towaway Operations 393.70 283
419
IX Index
Commercial Driver's License (continued) Restricted Licenses Drivers in Alaska 383.3.(e) 53 Farm-Related Service Industries 383.3.(f) 53 Pyrotechnic Industry 383.3.(g) 54 Single License Requirement 383.21 64 Tamperproofing 383.155 112 Testing Commercial Motor Vehicle Groups 383.91 94 Endorsements 383.93 96 Double/Triple Trailers Endorsement 383.115 103 Hazardous Materials Endorsement 383.121 104 Passenger Endorsement 383.117 104 School Bus 383.123 105 Tank Vehicle Endorsement 383.119 104 Implied Consent to Alcohol Testing 383.72 84 Methods 383.133 106 Validity of CDL Issued by Decertified State 383.7 64 Commercial Motor Vehicles (see also Motor Vehicles, Inspection entry) Part 392 221 Carbon Monoxide 392.66 231 Definition 382.107 17 383.5 59 390.5 150 Driving Time, Maximum 395.3 345 395.5 347 Emergency Equipment 392.8 224 Emergency Signals Flame-Producing 392.24 229 392.25 229 Warning Signals 392.22 228 Equipment 392.7 224 Exits 392.64 231 Groups 383.91 94 Hazardous Conditions 392.14 227 Lighting Devices 393.11 242 Notification Requirements License Suspensions 383.33 67 Previous Employment 383.35 68 Open Flame Heaters 392.67 231 Operating Authority 392.9a 225 Operating Rules 392.2 221 Other Purposes 390.33 171
Definitions
D Definitions 390.5 150 Commercial Driver's License Standards 383.5 59 Drug and Alcohol Testing Programs 382.107 17 Entry-Level Driver Training Requirements 380.502 7 Freight Forwarders 387.401 138 Hazardous Materials Non-Radioactive 397.65 390 Hours of Service 395.2 340 Longer Combination Vehicle (LCV) 380.105 1 Migrant Workers, Transporting 398.1 405 Motor Carriers Passengers 387.29 124 Property 387.5 117 Parts and Accessories Necessary for Safe Operation 393.5 235 Preemption Procedures 397.201(c) 398 Step, Handhold, and Deck Requirements 399.205 413 Defrosting and Defogging Systems 393.79 298 Disqualification of Drivers 383.51 69 383.52 79 391.15 183 Doctor's Examination (see also Physical Examination entry) 391.43 199 Documents Copies 390.31 168 Location 390.29 168 Double/Triple Trailers Endorsement 383.115 103 Driveaway-Towaway Operations Emergency Equipment 393.95 304 Inspections 396.15 378 Lamps and Reflectors 393.17 255 Driver’s License (see also Commercial Driver’s License entry) Part 383 51 Drivers Adverse Driving Conditions 395.1.(b) 329 Age 391.11(b)(1) 182 Alcohol and Controlled Substances Use, Admit to Using (see also Alcohol and Controlled Substances 382.121 21 Disqualification 383.51 69 383.52 79 391.15 183 Driver-Salesperson 395.1.(c) 329 Driving Record Investigation and Inquiries 391.23 188 Violations 391.27 193
420
Drivers (continued) Emergency Equipment Inspection 392.8 224 Employment Application 391.21 186 Entry-Level Driver Training Requirements (see also Entry-Level Driver Training Requirements entry) 380.503 7 Exemptions Employed Prior to January 1, 1971 391.61 215 Farm Vehicles 391.67 219 Furnished by Other Motor Carriers 391.65 217 Intracity Zone 391.62 215 Multiple Employer 391.63 216 Private Motor Carrier of Passengers Business 391.69 219 Nonbusiness 391.68 219 Vision and Diabetes Waiver Study Programs 391.64 217 Hazardous Conditions 392.14 227 Hours of Service Part 395 329–370 Ill or Fatigued 392.3 221 Maximum Driving Time 395.3 345 395.5 347 Migrant Workers, Motor Vehicles Transporting (see also Migrant Workers, Transporting entry) Part 398 405 Motor Vehicle Inspection 392.7 224 396.13 378 Oilfield Operations 395.1.(d) 329 Operating Rules 392.2 221 Out of Service 395.13 356 Alcohol Use 392.5(c) 222 392.5(d) 223 392.5(e) 223 Property-Carrying Driver 395.1.(o) 334 Qualifications Certificate of Physical Examination 391.43 199 Files 391.51 213 General 391.11 182 Medical Examination 391.43 199 391.45 207 Conflicts 391.47 207 Physical 391.41 Limbs, Loss or Impairment 391.49 208 Record of Duty Status 395.8 347 Responsibilities 391.13 183 Road Test 391.31 194 Certificate 391.31(f) 194 Equivalent 391.33 195 Testing Follow-Up 382.311 36 Post-Accident 382.303 25 Pre-Employment 382.301 23
Financial Responsibility Drivers (continued) Testing (continued) Random 382.305 28 Reasonable Suspicion 382.307 34 Return-to-Duty 382.309 36 Vehicle Inspection Records 396.11 373 Driveshaft Protection, Buses 393.89 301
Exits Commercial Motor Vehicles 392.64 231 Emergency Exits Buses 393.62 276 Motor Vehicles Transporting Migrant Workers 398.5(f)(10) 410 Motor Vehicles Transporting Migrant Workers 398.5(f)(6) 410 Sleeper Berth 393.76(c) 294
E
F
Emergency Equipment Fire Extinguishers 393.95(a) 304 Flame-Producing Devices 393.95(g) 304 Fusees 393.95(j) 304 Inspection 392.8 224 Liquid-Burning Flares 393.95(j) 304 Red Flags 393.95(k) 305 Spare Fuses 393.95(b) 304 Stopped Vehicles 393.95(f) 304 Use 392.8 224 Emergency Signals Flame-Producing 392.24 229 392.25 229 Warning Signals 392.22 228 Employment Application 391.21 186 Endorsement Descriptions 383.93(b) 96 Double/Triple Trailers 383.115 103 Hazardous Materials 383.121 104 Passenger 383.117 104 School Bus 383.123 105 Tank Vehicle 383.119 104 Testing Requirements 383.93(c) 96 Entry-Level Driver Training Requirements 380.503 7 Applicability 380.501 7 Definitions 380.502 7 Driver Responsibilities 380.507 8 Employer Responsibilities 380.509 8 Recordkeeping 380.511 8 Proof of Training 380.505 8 Training Certificate, Required Information 380.513 8 Exhaust Systems 393.83 298
Farm Vehicle Drivers 391.67 219 Fifth Wheel Assemblies 393.70(b) 283 398.5(d) 409 Financial Responsibility Certificates of Insurance 387.301 129 387.311 133 Companies 387.315 135 Electronic Filing 387.323 136 Fiduciaries 387.319 135 Foreign Commerce 387.321 136 Forms and Procedures 387.313 133 Freight Forwarders Definitions 387.401 138 Electronic Filing 387.419 140 Fiduciaries 387.417 140 Forms and Procedures 387.413 139 Insurance and Surety Companies 387.409 138 Limits of Liability 387.405 138 Self-Insurer Qualifications 387.411 139 Surety Bonds and Certificates of Insurance 387.407 138 Motor Carriers Transporting Passengers Agent Designation 387.35 126 Definitions 387.29 124 Fiduciaries 387.37 126 Financial Responsibility Required 387.31 125 Forms 387.39 126 Minimum Levels of Financial Responsibility 387.33 126 State Authority 387.35 126 Motor Carriers Transporting Property Agent Designation 387.11 120 Definitions 387.5 117 Fiduciaries 387.13 121 Financial Responsibility Required 387.7 117
IX Index
421
Financial Responsibility Financial Responsibility (continued) Motor Carriers Transporting Property (continued) Forms 387.15 121 State Authority 387.11 120 Securities 387.301 129 Public Protection 387.303 129 Self-Insurer Qualifications 387.309 132 Surety Bonds 387.301 129 Companies 387.315 135 Electronic Filing 387.323 136 Fiduciaries 387.319 135 Foreign Commerce 387.321 136 Property Broker 387.307 131 Fire Extinguishers 393.95(a) 304 Flags, Requirements for 393.95(k) 305 Floors 393.84 299 Fuel Ignition, Prevention 392.50 229 Motor Vehicles Transporting Migrant Workers 398.4.(l) 408 Liquefied Petroleum Gas Systems 393.69 282 Liquid Fuel Tanks 393.67 279 Motor Vehicle Containing Hazardous Materials 397.15 389 Reserve 392.51 230 Systems 393.65 278
G Glazing and Window Construction Pushout Windows Inspection 396.3.(a)(2) 371 Test Records 396.3.(b)(4) 371 Specified Openings 393.60 274 Window Obstructions 393.60(e) 275
H Hawaii Hours of Service 395.1.(i) 333 Seat Belts 393.93(d) 302 Hazard Warning Signal Flashers 392.22(a) 228
422
Hazard Warning Signals 393.19 258 Hazardous Materials Attendance and Surveillance of Motor Vehicles 397.5 386 Compliance with Federal Motor Carrier Safety Regulations 397.2 386 Endorsement 383.121 104 Fires 397.11 388 Fueling 397.15 389 Highway Routing Designations, Preemption 397.69 391 Instructions and Documents 397.19 389 Non-Radioactive Definitions 397.65 390 Dispute Resolution 397.75 395 Federal Standards 397.71 391 Motor Carrier Responsibility 397.67 390 Public Information 397.73(a) 394 Reporting Requirements 397.73(b) 394 Parking 397.7 387 Smoking 397.13 388 State and Local Laws, Ordinances, and Regulations 397.3 386 Tires 397.17 389 Head Lamps (see also Head Lamps under Lamps entry) 393.24 258 Heaters Flame-Producing 392.67 231 Requirements 393.77 295 Types Not Permitted 398.5(g) 410 Horn 393.81 298 Hours of Service 100 Air-Mile Radius Driver 395.1.(e)(1) 330 Adverse Driving Conditions 395.1.(b) 329 Automatic On-Board Recording Devices 395.15 357 Construction Materials and Equipment 395.1.(m) 334 Definitions 395.2 340 Driver's Record of Duty Status 395.8 347 Drivers Declared Out of Service 395.13 356 Emergency Conditions 395.1.(b)(2) 329 Maximum Driving TimePassenger-Carrying Vehicles 395.5 347 Property-Carrying Vehicles 395.3 345 Oilfield Operations 395.1.(d) 329 Property-Carrying Driver 395.1.(o) 334 Sleeper Berths 395.1.(g) 331 Travel Time 395.1.(j) 333 Utility Service Vehicles 395.1.(n) 334
Longer Combination Vehicle (LCV)
I Inspections Cargo, Cargo Securement Devices and Systems 392.9 224 Driveaway-Towaway Operations 396.15 378 Driver Inspections 396.13 378 Driver Vehicle Inspection Report 396.11 373 Emergency Equipment 392.8 224 Equipment 392.7 224 Inspection, Repair, and Maintenance Records 396.3 371 Motor Vehicles Transporting Migrant Workers 398.7 411 Administration Inspection 398.8 411 Truck Drivers 392.9(b) 225 Intermodal Containers, Securing 393.126 322 Intracity Zone Drivers Certificate of Physical Examination 391.43(d) 199 Exemptions 391.62 215 Medical Examination 391.45(b)(2) 207 Investigations 391.23 188 Assistance 390.15 160
K Knowledge Motor Vehicle Operators 383.111 99 Regulations 390.3.(e) 142
Lamps (see also Lighting and Reflectors entry) Part 393 B Auxiliary Driving Lamps 393.24(b) 258 Aiming 393.24(d) 258 Mounting 393.24(c) 258 Driveaway-Towaway Operations 393.17 255 Front Fog Lamps 393.24(b) 258 Aiming 393.24(d) 258 Mounting 393.24(c) 258 Head Lamps 393.24 258 Aiming 393.24(d) 258 Requirements 393.24(a) 258
423
IX Index
L
Lamps (continued) Obscured 392.33 229 Operable 393.9 242 Other than Head Lamps 393.25 259 Other than Head Lamps 393.25 Mounting 393.25(a) 259 Specifications 393.25(c) 259 Steady-Burning 393.25(e) 259 Visibility 393.25(b) 259 Stop Lamps 393.25(f) 259 License (see also Commercial Driver’s License entry) Part 383 51 Lighting and Reflectors Combination 393.22 258 Driveaway-Towaway Operation 393.17 255 Emergency Reflectors 393.95 304 Equipment Requirements 393.11 242 Motor Vehicles Transporting Migrant Workers 398.4.(k) 408 398.5(b) 409 Obscured 392.33 229 Requirements 393.26 Additional Retroreflective Surfaces 393.26(d) 260 Mounting 393.26(a) 260 Specifications 393.26(b) 260 Substitute for Side Reflex Reflectors 393.26(c) 260 Wiring 393.28 260 Retroreflective Sheeting and Reflex Reflectors 393.13 254 Loading Buses 392.62 230 Motor Vehicles Transporting Migrant Workers 398.4.(g) 408 Logs 395.8 347 Longer Combination Vehicle (LCV) Definitions 380.105 1 Driver Testing 380.109 2 Driver-Instructor Requirements 380.301 6, Part 391 181 Employer Responsibilities 380.305 6 Qualification Files 391.55 215 Substitute for 380.303 6 Driver-Training Program 380.107 2 380.201 4 Appendix to Part 380 Certification 380.401 7 Doubles 380.203 4 Substitute for 380.111 3 Triples 380.205 5
Longer Combination Vehicle (LCV) Longer Combination Vehicle (LCV) (continued) Employer Responsibilities 380.113 4 Driver-Instructor Requirements 380.305 6 Substitute Driver Training 380.111 3 Instructor Requirements 380.303 6 Lumber 393.116 312 393.118 314
M Maintenance (see also Inspections entry) 396.3 371 Lubrication 396.5 372 Motor Vehicles Transporting Migrant Workers 398.7 411 Unsafe Vehicles 396.7 372 Marking Buses Emergency Exits 393.62(e) 277 Liquid Fuel Tanks 393.67(c)(11) 280 393.67(f) 281 Saddle-Mounts 393.71(m)(8) 292 Tow-Bars 393.71(h)(9) 287 Medical Review Officers Record Retention 382.409 41 Metal Coils, Securing 393.120 315 Migrant Workers, Transporting Applicability of Regulations 398.2 405 Definitions 398.1 405 Driver Qualifications 398.3 406 Maximum Driving Time 398.6 411 Motor Vehicles Accessories 398.5 409 Administration Inspection 398.8 411 Brakes 398.5(c) 409 Driving 398.4 407 Emergency Exits 398.5(f)(10) 410 Equipment and Emergency Devices 398.4.(f) 407 Exits 398.5(f)(6) 410 Fuel 398.4.(l) 408 398.4.(m) 408 Heaters 398.5(g) 410 Inspection and Maintenance 398.7 411 Lighting Devices and Reflectors 398.4.(k) 408 398.5(b) 409 Out of Service 398.8(c) 411 Parts 398.5 409
424
Migrant Workers, Transporting (continued) Motor Vehicles (continued) Passenger Compartment 398.5(f) 410 Safe Loading 398.4.(g) 408 Tires 398.5(e) 409 Mirrors, Rear Vision 393.80 298 Motor Carriers Aiding or Abetting Violations 390.13 160 Assistance in Investigations and Special Studies 390.15 160 Driver Regulations, Observance of 390.11 160
N Noise Levels, Vehicle Interior 393.94 303
O Oilfield Operations 395.1.(d) 329 On-Board Recording Devices 395.15 357 Out of Service Drivers 395.13 356 Alcohol Use 392.5(c) 222 392.5(e) 223 Motor Vehicles 396.9(c) 372 398.8(c) 411 Violation 383.51(e) 77 383.53(b) 80 391.15(d) 184
P Paper Rolls, Securing 393.122 318 Parking Brake Systems 393.41 262 Passenger-Carrying Vehicles, Maximum Driving Time 395.5 347 Passengers Endorsement 383.117 104 Motor Vehicles Transporting Migrant Workers 398.5(f) 410 Private Motor Carrier Business 391.69 219 Nonbusiness 391.68 219 Unauthorized 392.60 230
Step, Handhold, and Deck Requirements Physical Examination Certificate 391.43 199 Instructions for Performing 391.43(f) 199 Requirements for 391.45 207 Post-Trip Inspection, Driveaway-Towaway Operations 396.15(c) 378 Preemption Procedures (see also Waivers entry) Part 397 E Application 397.205 399 Timeliness 397.221 403 Waiver 397.213 401 Definitions 397.201(c) 398 Determination 397.203 399 397.211 400 Judicial Review 397.225 403 Notice 397.207 400 Processing 397.209 400 Reconsideration 397.223 403 Pre-Trip Inspection Driveaway-Towaway Operations 396.15(b) 378 Equipment 392.7 224 Property-Carrying Vehicles, Maximum Driving Time 395.3 345
Records (continued) Falsification 390.35 171 Location 390.29 168 Record of Duty Status 395.8(k) 351 Violations 391.27 193 Reflectors (see also Lighting and Reflectors entry) 393.11 242 Regional Offices, Motor Carrier Safety Service Centers 390.27 167 Reports Alcohol and Controlled Substances Testing 382.403 38 Driver Vehicle Inspection 396.11 373 Falsification 390.35 171 Routing of Non-Radioactive Hazardous Materials 397.73 394 Reserve Fuel Materials of Trade 392.51 230 Motor Vehicles Transporting Migrant Workers 398.4.(m) 408 Retail Store Deliveries 395.1.(f) 331 Road Test 391.31 194 Certificate 391.31(f) 194 Equivalent 391.33 195
R
S
Radar Detectors 392.71 231 Radioactive Materials 397.101 396 397.103 398 Railroad Crossings Slowing Down 392.11 227 Stopping 392.10 226 Rear Impact Guards/Rear End Protection 393.86 299 Rear-Vision Mirrors 393.80 298 Record of Duty Status 395.8 347 On-Board Recording Devices 395.15 357 Out of Service Drivers 395.13(b)(2) 356 395.13(c)(1)(ii) 356 395.13(d)(2) 356 Retention of Records 395.8(k) 351 Records Access 382.405 39 Accident 390.15 160 Controlled Substances and Alcohol Use Testing 382.401 36 Copies 390.31 168 Driver Qualification Files 391.51 213 Driving Record, Annual Review and Inquiry 391.25(c) 192
Saddle-Mounts Kingpins 393.71(l) 290 Lower Half 393.71(k) 289 Upper Half 393.71(j) 288 School Bus, Endorsement 383.123 105 Seat Belts Buses 393.93(a) 302 Trucks and Truck Tractors 393.93(b) 302 Use 392.16 227 Sleeper Berths 393.76 294 Speed Limits 392.6 223 Motor Vehicles Transporting Migrant Workers 398.4.(e) 407 Speedometer 393.82 298 Standee Line or Bar on Buses 393.90 301 Steering Wheel Systems 393.209 327 Step, Handhold, and Deck Requirements Definitions 399.205 413 Maintenance 399.211 416
IX Index
425
Step, Handhold, and Deck Requirements Step, Handhold, and Deck Requirements (continued) Test Procedures 399.209 416 Truck and Truck-Tractor Access Requirements 399.207 414 Stopped Vehicles Emergency Signals 392.22 228 Warning Devices 393.95(f) 304 Suspension Systems 393.207 326
T Tank Vehicle Endorsement 383.119 104 Television Receivers 393.88 301 Tiedowns Adjusting 393.112 311 Manufacturing Standards 393.104(e) 307 Number 393.110 311 Use 393.104(f) 307 Tires 393.75 292 Vehicles Containing Hazardous Materials 397.17 389 Trucks and Truck Tractors Access Requirements 399.207 414 Defrosting and Defogging Systems 393.79 298 Driver Inspections 392.9(b) 225 Emergency Equipment 393.95 304 Exhaust Systems 393.83 298 Frames 393.201 326 Horn 393.81 298 Lighting Devices and Reflectors 393.11 242 Rear-Vision Mirrors 393.80 298 Seat Belts 393.93(b) 302 Securing 393.128 323 Speedometer 393.82 298 Window Construction 393.61 275 Windshield Wiping and Washing Systems 393.78 297 Turn Signaling Systems 393.19 Specifications 393.25(c) 259
426
V Violations Aiding or Abetting 390.13 160 Out of Service 383.51(e) 77 383.53(b) 80 391.15(d) 184 Record 391.27 193
W Waivers Determination and Order 397.219 402 Notice 397.215 401 Preemption Application 397.213 401 Processing 397.217 402 Stand-Down Waiver Provision 382.119 20 Vision and Diabetes Waiver Study Programs, Grandfathering for Drivers Participating in 391.64 217 Warning Devices (see also Emergency Signals entry) 392.22 228 Placement 392.22(b) 228 Stopped Vehicles 393.95(f) 304 Warning Signal Flashers 392.22(a) 228 Wheels 393.205 326 Windshield Wiping and Washing Systems 393.78 297 Wiring Battery Installation 393.30 260 Systems 393.28 260