Mancomm's FMCSR Plus by MANCOMM

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Federal Motor Carrier Safety Regulations Plus Edition Including: 49 CFR Parts 40, 325-399, Appendixes A-G to Subchapter B DOT Interpretations Medical Advisory Criteria for Evaluation Under 49 CFR Part 391.41 Overview of Federal and State Regulations Concerning Interstate Motor Operations Useful Addresses and Telephone Numbers Motor Carrier Safety Progress Report Bridge Formula Weights Federal Motor Carrier Safety Administration Field Offices Costs of Highway Crashes Worksheet Revenue Necessary to Pay for Accident Losses

As Prescribed by the Department of Transportation (DOT)

Updated through October 13, 2011 This publication is also available on CD-ROM ISBN 159959325 - 4

EAN

Changing the Complex Into Compliance速 Mangan Communications, Inc. http://www.Mancomm.com

9 781599 593258

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315 West Fourth Street Davenport, Iowa 52801 (563) 323-6245 1-800-MANCOMM ( 6 2 6 - 2 6 6 6 ) Fax: (563) 323-0804

Website: http://www.Mancomm.com E-mail: safetyinfo@mancomm.com All rights reserved. Printed in the U.S.A. Except as permitted under the United States Copyright Act of 1976, no part of this publication may be reproduced or distributed in any form or by any means, or stored in a database or any other retrieval system, without the prior written permission of the publisher. Although the Federal Regulations published as promulgated are in public domain, the formatting and sequence of the regulations and other materials contained herein are subject to the copyright laws. While every effort has been made to ensure that the information contained herein is accurate and complete at the time of printing, the frequency of changes in the regulations makes it impossible to guarantee the complete accuracy of the information that follows. Therefore, neither MANCOMM, nor its subsidiaries shall be liable for any damages resulting from the use of or reliance upon this publication. Furthermore, the appearance of products, services, companies, organizations or causes in the 49 CFR does not in any way imply endorsement by MANCOMM, or its subsidiaries. This publication is constructed to provide accurate information in regard to the material included. It is sold with the understanding that the publisher is not involved in providing accounting, legal, or other professional service. If legal consultation or other expert advice is required, the services of a professional person should be engaged. Library of Congress Control Number: 2011944893 ISBN: 1-59959-325-4

DOT Administrator - 7pt.book Page 3 Wednesday, December 7, 2011 7:41 AM

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Bracketed revisions in outline format Easy-to-use index, including page numbers in color and section numbers for easy access Farm Vehicle Drivers 391.2, 391.67 261, 277 Fees, Insurance and Registration Filing 360.3 75 Records Search, Review, Copying, Certification, and Related Services 360.1 75 Updating 360.5 76 Fifth Wheel Assemblies 393.70(b), 398.5(d) 307, 367 Financial Responsibility

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DOT Administrator - 7pt.book Page 4 Wednesday, December 7, 2011 7:41 AM

Recent changes in regulations: May 9, 2011 (Federal Register Volume 76, No. 89) In the May 9, 2011 Federal Register, the Federal Motor Carrier Safety Administration (FMCSA) of the Department of Transportation (DOT) amended the commercial driver’s license (CDL) knowledge and skills testing standards and establishes new minimum Federal standards for States to issue the commercial learner’s permit (CLP). The rule requires that a CLP holder meet virtually the same requirements as those for a CDL holder, meaning that a driver holding a CLP will be subject to the same driver disqualification penalties that apply to a CDL holder. This final rule also implements section 4019 of the Transportation Equity Act for the 21st Century (TEA–21), section 4122 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA–LU), and section 703 of the Security and Accountability For Every Port Act of 2006 (SAFE Port Act). This amendment became effective July 8, 2011 (with a compliance date of July 8, 2014), and affects the following sections: Definitions

§383.155

§383.23

§383.5

Commercial driver’s license.

§384.105

Tamperproofing requirements. Definitions.

§383.25

Commercial learner’s permit (CLP).

§384.201

Testing program.

§383.37

Employer responsibilities.

§384.204

CLP or CDL issuance and information.

§383.51

Disqualification of drivers.

§384.205

CDLIS information.

§383.71

Driver application and certification procedures.

§384.206

State record checks.

§383.72

Implied consent to alcohol testing.

§384.207

Notification of licensing. Notification of disqualification.

§383.73

State procedures.

§384.208

§383.75

Third party testing.

§384.209

Notification of traffic violations.

§383.77

Substitute for driving skills tests for drivers with military CMV experience.

§384.210

Limitation on licensing.

§383.79

Skills testing of out-of-State students.

§384.211

Surrender of old licenses.

§383.93

Endorsements.

§384.212

Domicile requirement.

§383.95

Reciprocity.

Restrictions.

§384.214

§383.110

General requirement.

§384.217

Drug offenses.

§383.111

Required knowledge.

§384.220

Problem Driver Pointer System information.

§383.113

Required skills.

§384.225

CDLIS driver recordkeeping.

§383.115

Requirements for double/triple trailers endorsement.

§384.226

Prohibition on masking convictions.

§383.117

Requirements for passenger endorsement.

§384.227

Record of digital image or photograph.

§383.119

Requirements for tank vehicle endorsement.

§384.228

Examiner training and record checks.

§383.121

Requirements for hazardous materials endorsement.

§384.229

Skills test examiner auditing and monitoring. Satisfaction of State disqualification requirement.

§383.123

Requirements for a school bus endorsement.

§384.231

§383.133

Test methods.

§384.301

Substantial compliance—general requirements.

§383.135

Passing knowledge and skills tests.

§384.405

Decertification of State CDL program.

§383.151

General.

Appendix B to Part 385

Explanation of Safety Rating Process

§383.153

Information on the CLP and CDL documents and applications.

May 20, 2011 (Federal Register Volume 76, No. 98) In the May 20, 2011 Federal Register, the Federal Motor Carrier Safety Administration (FMCSA) of the Department of Transportation (DOT) extends until June 30, 2012, the compliance date of the requirement for drivers and motor carriers to prepare a driver-vehicle inspection report (DVIR) on an item of intermodal equipment (IME) when no damage, defects, or deficiencies are discovered by, or reported to, the driver. July 5, 2011 (Federal Register Volume 76, No. 128) In the July 5, 2011 Federal Register, the Federal Motor Carrier Safety Administration (FMCSA) of the Department of Transportation (DOT) made corrections to the final rule published on May 9, 2011. This correction affects §383.153(f) and (g), and §384.301(f). This correction became effective July 8, 2011. September 27, 2011 30, 2009 (Federal Register Volume 76, No. 177) In the July 30, 2009 Federal Register, the Federal Motor Carrier Safety Administration (FMCSA) of the Department of Transportation (DOT) amended the Federal Motor Carrier Safety Regulations (FMCSRs) to eliminate the requirement for operational brakes on the last saddle-mounted truck or tractor in a triple saddle-mount combination, except when a full mount is present. This is in response to a petition for rulemaking from the Automobile Carriers Conference (ACC) of the American Trucking Associations (ATA), which stated that this requirement degrades the braking performance of these combinations because the lightly loaded axle of the last vehicle tends to lock up under heavy braking. This amendment became effective October 13th, 2011, and affects §393.42 and §393.71

Disclaimer Although the author and publisher of this book have made every effort to ensure the accuracy and timeliness of the information contained herein, the author and publisher assume no liability with respect to loss or damage caused by or alleged to be caused by reliance on any information contained herein and disclaim any and all warranties, expressed or implied.

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TOC Table of Contents

Table of Contents Part 40 -

Procedures for Transportation Workplace Drug and Alcohol Testing Programs 1

Part 303 - Civil Rights

Part 325 - Compliance with Interstate Motor Carrier Noise Emission Standards 63 Part 350 - Commercial Motor Carrier Safety Assistance Program 69 Part 355 - Compatibility of State Laws and Regulations Affecting Interstate Motor Carrier Operations 77 Part 356 - Motor Carrier Routing Regulations

United States-Mexico International Border or Within the Commercial Zones of Such Municipalities 93 Part 369 - Reports of Motor Carriers

Part 370 - Principles and Practices for the Investigation and Voluntary Disposition of Loss and Damage Claims and Processing Salvage

Part 371 - Brokers of Property

101

Part 372 - Exemptions, Commercial Zones, and Terminal Areas 103

Part 373 - Receipts and Bills

109

Part 360 - Fees for Motor Carrier Registration and Insurance 81

Part 374 - Passenger Carrier Regulations

111

Part 365 - Rules Governing Applications for Operating Authority

Part 366 - Designation of Process Agent

Part 375 - Transportation of Household Goods in Interstate Commerce; Consumer Protection Regulations

115

Part 367 - Standards for Registration with States 91

Part 376 - Lease and Interchange of Vehicles

137

Part 368 - Application for a Certificate of Registration to Operate in Municipalities in the United States on the

Part 377 - Payment of Transportation Charges 141 Part 378 - Procedures Governing the Processing, Investigation, TOC

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and Disposition of Overcharge, Duplicate Payment, or Overcollection Claims

Federal Motor Carrier Safety Regulations 143

Part 379 - Preservation of Records

145

Part 380 - Special Training Requirements

149

Part 381 - Waivers, Exemptions, and Pilot Programs

155

Part 382 - Controlled Substances and Alcohol Use and Testing 159 Part 383 - Commercial Driverâ&#x20AC;&#x2122;s License Standards; Requirements and Penalties 177 Part 384 - State Compliance with Commercial Driver's License Program

205

Part 385 - Safety Fitness Procedures

211

263

Part 390 - Federal Motor Carrier Safety Regulations; General 265 Part 391 - Qualifications of Drivers and Longer Combination Vehicle (LCV) Driver Instructors

279

Part 392 - Driving of Commercial Motor Vehicles

297

Part 393 - Parts and Accessories Necessary for Safe Operation

303

[Reserved]

344

Part 394

Part 395 - Hours of Service of Drivers

345

Part 396 - Inspection, Repair, and Maintenance

369

Part 386 - Rules of Practice for Motor Carrier, Intermodal Equipment Provider, Broker, Freight Forwarder, and Hazardous Materials Proceedings. 235

Part 397 - Transportation of Hazardous Materials; Driving and Parking Rules 375

Part 387 - Minimum Levels of Financial Responsibility for Motor Carriers

Part 399 - Employee Safety and Health Standards

389

Addendum

405

Index

419

249

Part 388 - Cooperative Agreements with States 261 Part 389 - Rulemaking Procedures â&#x20AC;&#x201D;

TOC

Part 398 - Transportation of Migrant Workers 385

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Part 382 - Controlled Substances and Alcohol Use and Testing

Part 382 - Controlled Substances and Alcohol Use and Testing Subpart A - General

159

Subpart B - Prohibitions

163

Subpart C - Tests Required

164

§382.101 §382.103 §382.105 §382.107 §382.109 §382.111 §382.113 §382.115 §382.117 §382.119 §382.121 §382.201 §382.205 §382.207 §382.209 §382.211 §382.213 §382.215 §382.301 §382.303 §382.305 §382.307 §382.309 §382.311

Purpose. Applicability. Testing procedures. Definitions. Preemption of State and local laws. Other requirements imposed by employers. Requirement for notice. Starting date for testing programs. Public interest exclusion. Stand-down waiver provision. Employee admission of alcohol and controlled substances use. Alcohol concentration. On-duty use. Pre-duty use. Use following an accident. Refusal to submit to a required alcohol or controlled substances test. Controlled substances use. Controlled substances testing. Pre-employment testing. Post-accident testing. Random testing. Reasonable suspicion testing. Return-to-duty testing. Follow-up testing.

Subpart D - Handling of Test Results, Records Retention, and Confidentiality 170 §382.401 §382.403 §382.405 §382.407 §382.409 §382.411 §382.413

Retention of records. Reporting of results in a management information system. Access to facilities and records. Medical review officer notifications to the employer. Medical review officer record retention for controlled substances. Employer notifications. Inquiries for alcohol and controlled substances information from previous employers.

159 159 160 160 162 162 162 162 162 162 162

163 163 163 163 163 163 163 164 165 166 169 170 170

170 171 171 172 172 172 172

Subpart E - Consequences for Drivers Engaging in Substance Use-Related Conduct

172

Subpart F - Alcohol Misuse & Controlled Substances Use Information, Training, & Referral

173

§382.603 §382.605

173 174 174

§382.501 §382.503 §382.505 §382.507

§382.601

Removal from safety-sensitive function. Required evaluation and testing. Other alcohol-related conduct. Penalties.

Employer obligation to promulgate a policy on the misuse of alcohol and use of controlled substances. Training for supervisors. Referral, evaluation, and treatment.

172 173 173 173

Subpart A - General §382.101 Purpose. The purpose of this part is to establish programs designed to help prevent accidents and injuries resulting from the misuse of alcohol or use of controlled substances by drivers of commercial motor vehicles.

§382.103 Applicability.

(2) Who a State must waive from the requirements of Part 383 of this subchapter. These individuals include active duty military personnel; members of the reserves; and members of the national guard on active duty, including personnel on full-time national guard duty, personnel on part-time national guard training and national guard military technicians (civilians who are required to wear military uniforms), and active duty U.S. Coast Guard personnel; or (3) Who a State has, at its discretion, exempted from the requirements of Part 383 of this subchapter. These individuals may be: (i) Operators of a farm vehicle which is: [A] Controlled and operated by a farmer; [B] Used to transport either agricultural products, farm machinery, farm supplies, or both to or from a farm; [C] Not used in the operations of a common or contract motor carrier; and [D] Used within 241 kilometers (150 miles) of the farmer’s farm. (ii) Firefighters or other persons who operate commercial motor vehicles which are necessary for the preservation of life or property or the execution of emergency governmental functions, are equipped with audible and visual signals, and are not subject to normal traffic regulation.

§382.103 DOT Interpretations Question 1: Are intrastate drivers of CMVs, who are required to obtain CDLs, required to be alcohol and drug tested by their employer? Guidance: Yes. The definition of commerce in §382.107 is taken from 49 U.S.C. §31301 which encompasses interstate, intrastate and foreign commerce. Question 2: Are students who will be trained to be motor vehicle operators subject to alcohol and drug testing? Are they required to obtain a CDL in order to operate training vehicles provided by the school? Guidance: Yes. §382.107 includes the following definitions: “Employer” means any person (including the United States, a State, District of Columbia, or a political subdivision of a State) who owns or leases a CMV or assigns persons to operate such a vehicle. The term employer includes an employer's agents, officers and representatives. “Driver” means any person who operates a CMV. Truck and bus driver training schools meet the definition of an employer because they own or lease CMVs and assign students to operate them at appropriate points in their training. Similarly, students who actually operate CMVs to complete their course work qualify as drivers. The CDL regulations provide that “no person shall operate” a CMV before passing the written and driving tests required for that vehicle (49 CFR 383.23(a)(1)). Virtually all of the vehicles used for training purposes meet the definition of a CMV, and student drivers must therefore obtain a CDL. Question 3: Are Part 382 alcohol and drug testing requirements applicable to firefighters in a State which gives them the option of obtaining a CDL or a non-commercial Class A or B license restricted to operating fire equipment only? Guidance: No. The applicability of Part 382 is coextensive with Part 383 — the general CDL requirements. Only those persons required to obtain a CDL under Federal law and who actually perform safetysensitive duties, are required to be tested for drugs and alcohol. The FHWA, exercising its waiver authority, granted the States the option of waiving firefighters from CDL requirements. A State which gives firefighters the choice of obtaining either a CDL or a noncommercial license has exercised the option not to require CDLs. Therefore, because a CDL is not required, by extension Part 382 is not applicable. A firefighter in the State would not be required under Federal law to be tested for drugs and alcohol regardless of the type of license which the employer required as a condition of employment or the driver actually obtained. It is the Federal requirement to obtain a CDL, nonexistent in the State, that entails drug and alcohol testing, not the fact of actually holding a CDL.

159

382 Controlled Substances and Alcohol Use and Testing

(a) This part applies to every person and to all employers of such persons who operate a commercial motor vehicle in commerce in any State, and is subject to: (1) The commercial driver’s license requirements of Part 383 of this subchapter; (2) The Licencia Federal de Conductor (Mexico) requirements; or (3) The commercial driver’s license requirements of the Canadian National Safety Code. (b) An employer who employs himself/herself as a driver must comply with both the requirements in this part that apply to employers and the requirements in this part that apply to drivers. An employer who employs only himself/herself as a driver shall implement a random alcohol and controlled substances testing program of two or more covered employees in the random testing selection pool. (c) The exceptions contained in §390.3(f) of this subchapter do not apply to this part. The employers and drivers identified in §390.3(f) of this subchapter must comply with the requirements of this part, unless otherwise specifically provided in paragraph (d) of this section. (d) Exceptions. This part shall not apply to employers and their drivers: (1) Required to comply with the alcohol and/or controlled substances testing requirements of Part 655 of this title (Federal Transit Administration alcohol and controlled substances testing regulations); or

§382.103 (d)

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§382.105

Part 382 - Controlled Substances and Alcohol Use and Testing

Question 4: An employer or State government agency requires CDLs for drivers of motor vehicles: (1) with a GVWR of 26,000 pounds or less; (2) with a GCWR of 26,000 pounds or less inclusive of a towed unit with a GVWR of 10,000 pounds or less; (3) designed to transport 15 or less passengers, including the driver; or (4) which transport HM, but are not required to be placarded under 49 CFR Part 172, Subpart F. Are such drivers required by Part 382 to be tested for the use of alcohol or controlled substances? Guidance: No. Part 382 requires or authorizes drug and alcohol testing only of those drivers required by Part 383 to obtain a CDL. Since the vehicles described above do not meet the definition of a CMV in Part 383, their drivers are not required by Federal regulations to have a CDL. Question 5: Are Alaskan drivers with a CDL who operate CMVs and have been waived from certain CDL requirements subject to controlled substances and alcohol testing? Guidance: Yes. Alaskan drivers with a CDL who operate CMVs are subject to controlled substances and alcohol testing because they have licenses marked either “commercial driver’s license” or “CDL”. The waived drivers are only exempted from the knowledge and skills tests, and the photograph on license requirements. Question 6: Do the FHWA’s, alcohol and controlled substances testing regulations apply to employers and drivers in U.S. territories or possessions such as Puerto Rico and Guam? Guidance: No. The rule by definition applies only to employers and drivers domiciled in the 50 states and the District of Columbia. Question 7: Which drivers are to be included in a alcohol and controlled substances testing program under the FHWA,'s rule? Guidance: Any person who operates a CMV, as defined in §382.107, in intrastate or interstate commerce and is subject to the CDL requirement of 49 CFR Part 383. Question 8: Is a foreign resident driver operating between the U.S. and a foreign country from a U.S. terminal for a U.S.-based employer subject to the FHWA, alcohol and controlled substances testing regulations? Guidance: Yes. A driver operating for a U.S.-based employer is subject to Part 382. Question 9: What alcohol and drug testing provisions apply to foreign drivers employed by foreign motor carriers? Guidance: Foreign employers are subject to the alcohol and drug testing requirements in Part 382 (see §382.103). All provisions of the rules will be applicable while drivers are operating in the U.S. Foreign drivers may also be subject to State laws, such as probable cause testing by law enforcement officers. Question 10: Are volunteer drivers subject to alcohol and drug testing?1 Guidance: Yes. The applicability of Part 382 is coextensive with Part 383. The definition of “driver” in §382.107 and the definition of “employee” in §383.5 both include “any” operator or person who operates a commercial motor vehicle. There is no exception for volunteer drivers. They are included in the scope and intent of the definition of “commerce” (in both §382.107 and §383.5), because their functions “affect trade, traffic, and transportation.” The question of whether or not they are compensated is irrelevant.1

§382.105 Testing procedures. Each employer shall ensure that all alcohol or controlled substances testing conducted under this part complies with the procedures set forth in Part 40 of this title. The provisions of Part 40 of this title that1 address alcohol or controlled substances testing are made applicable to employers by this part.

§382.105 DOT Interpretations Question 1: What does a BAT do when a test involves an independent, self-employed owner-operator with a confirmed alcohol concentration of 0.02 or greater, to notify a company representative as required by §40.65(i)? Guidance: The independent, self-employed owner-operator will be notified by the BAT immediately and the owner-operator’s certification in Step 4 notes that the self-employed owner-operator has been notified. No further notification is necessary. The BAT will provide copies 1 and 2 to the self-employed owner-operator directly.

1. This interpretation was issued after the interpretations were published in the Federal Register in April 1997.

160

Question 2: A driver does not have a photo identification card. Must an employer representative identify the driver in the presence of the BAT/urine specimen collector or may the employer representative identify the driver via a telephone conversation? Guidance: Those subject to Part 382 are subject first, generally, to Part 383. Part 383 requires all States, with an exception in Alaska for a very small group of individuals, to provide a CDL document to the individual that includes, among other things: the full name, signature, and mailing address of the person to whom such license is issued; physical and other information to identify and describe the person including date of birth (month, day, and year), sex, and height; and, a color photograph of the person. Except in these rare Alaskan instances, the FHWA fully expects most employer’s to require the driver to present the CDL document to the BAT or urine collector. A driver subject to alcohol and drug testing should be able to provide the CDL document. In those rare instances that the CDL or other form of photo identification is not produced for verification, an employer representative must be contacted and must provide identification. The FHWA will allow employer representatives to identify drivers in any way that the employer believes will positively identify the driver. Question 3: Will foreign drug testing laboratories need to be certified by the National Institute on Drug Abuse (NIDA)? Will they need to be certified by the Department of Health and Human Services (DHHS)? Guidance: The NIDA, an agency of the DHHS, no longer administers the workplace drug testing laboratory certification program. This program is now administered by the DHHS’ Substance Abuse and Mental Health Services Administration. All motor carriers are required to use DHHS-certified laboratories for analysis of alcohol and controlled substances tests as neither Mexico nor Canada has an equivalent laboratory certification program. Question 4: Particularly in light of the coverage of Canadian and Mexican employees, how should MROs deal, in the verification process, with claims of the use of foreign prescriptions or over-thecounter medication? Guidance: Possession or use of controlled substances are prohibited when operating a CMV under the FHWA regulations regardless of the source of the substance. A limited exception exists for a substance’s use in accordance with instructions provided by a licensed medical practitioner who knows that the individual is a CMV driver who operates CMVs in a safety-sensitive job and has provided instructions to the CMV driver that the use of the substance will not affect the CMV driver’s ability to safely operate a CMV (see §§382.213, 391.41(b)(12), and 392.4(c)). Individuals entering the United States must properly declare controlled substances with the U.S. Customs Service. 21 CFR 1311.27. The FHWA expects MROs to properly investigate the facts concerning a CMV driver’s claim that a positive controlled substance test result was caused by a prescription written by a knowledgeable, licensed medical practitioner or the use of an over-the-counter substance that was obtained in a foreign country without a prescription. This investigation should be documented in the MRO's files. If the CMV driver lawfully obtained a substance in a foreign country without a prescription which is a controlled substance in the United States, the MRO must also investigate whether a knowledgeable, licensed medical practitioner provided instructions to the CMV driver that the use of the “over-the-counter” substance would not affect the driver's ability to safely operate a CMV. Potential violations of §392.4 must be investigated by the law enforcement officer at the time possession or use is discovered to determine whether the exception applies.

§382.107 Definitions. Words or phrases used in this part are defined in §§386.2 and 390.5 of this subchapter, and §40.3 of this title, except as provided in this section — Actual knowledge for the purpose of Subpart B of this part, means actual knowledge by an employer that a driver has used alcohol or controlled substances based on the employer’s direct observation of the employee, information provided by the driver’s previous employer(s), a traffic citation for driving a CMV while under the influence of alcohol or controlled substances or an employee’s admission of alcohol or controlled substance use, except as provided in §382.121. Direct observation as used in this definition means observation of alcohol or controlled substances use and does not include observation of employee behavior or physical characteristics sufficient to warrant reasonable suspicion testing under §382.307.

DOT Administrator - 7pt.book Page 161 Wednesday, December 7, 2011 7:41 AM

Subpart A - General

Employer means a person or entity employing one or more employees (including an individual who is self-employed) that is subject to DOT agency regulations requiring compliance with this part. The term, as used in this part, means the entity responsible for overall implementation of DOT drug and alcohol program requirements, including individuals employed by the entity who take personnel actions resulting from violations of this part and any applicable DOT agency regulations. Service agents are not employers for the purposes of this part. Licensed medical practitioner means a person who is licensed, certified, and/or registered, in accordance with applicable Federal, State, local, or foreign laws and regulations, to prescribe controlled substances and other drugs. Performing (a safety-sensitive function) means a driver is considered to be performing a safety-sensitive function during any period in which he or she is actually performing, ready to perform, or immediately available to perform any safety-sensitive functions. Positive rate for random drug testing means the number of verified positive results for random drug tests conducted under this part plus the number of refusals of random drug tests required by this part, divided by the total number of random drug tests results (i.e., positives, negatives, and refusals) under this part. Refuse to submit (to an alcohol or controlled substances test) means that a driver: (1) Fails to appear for any test (except a pre-employment test) within a reasonable time, as determined by the employer, consistent with applicable DOT agency regulations, after being directed to do so by the employer. This includes the failure of an employee (including an owner-operator) to appear for a test when called by a C/TPA (see §40.61(a) of this title); (2) Fails to remain at the testing site until the testing process is complete. Provided, that an employee who leaves the testing site before the testing process commences (see §40.63(c) of this title) a pre-employment test is not deemed to have refused to test; (3) Fails to provide a urine specimen for any drug test required by this part or DOT agency regulations. Provided, that an employee who does not provide a urine specimen because he or she has left the testing site before the testing process commences (see §40.63(c) of this title) for a pre-employment test is not deemed to have refused to test; (4) In the case of a directly observed or monitored collection in a drug test, fails to permit the observation or monitoring of the driver’s provision of a specimen (see §§40.67(l) and 40.69(g) of this title); (5) Fails to provide a sufficient amount of urine when directed, and it has been determined, through a required medical evaluation, that there was no adequate medical explanation for the failure (see §40.193(d)(2) of this title); (6) Fails or declines to take a second test the employer or collector has directed the driver to take; (7) Fails to undergo a medical examination or evaluation, as directed by the MRO as part of the verification process, or as directed by the DER under §40.193(d) of this title. In the case of a pre-employment drug test, the employee is deemed to have refused to test on this basis only if the pre-employment test is conducted following a contingent offer of employment; (8) Fails to cooperate with any part of the testing process (e.g., refuses to empty pockets when so directed by the collector, behaves in a confrontational way that disrupts the collection process); or (9) Is reported by the MRO as having a verified adulterated or substituted test result. Safety-sensitive function means all time from the time a driver begins to work or is required to be in readiness to work until the time he/she is relieved from work and all responsibility for performing work. Safety-sensitive functions shall include: (1) All time at an employer or shipper plant, terminal, facility, or other property, or on any public property, waiting to be dispatched, unless the driver has been relieved from duty by the employer; (2) All time inspecting equipment as required by §§392.7 and 392.8 of this subchapter or otherwise inspecting, servicing, or conditioning any commercial motor vehicle at any time; (3) All time spent at the driving controls of a commercial motor vehicle in operation; (4) All time, other than driving time, in or upon any commercial motor vehicle except time spent resting in a sleeper berth (a berth conforming to the requirements of §393.76 of this subchapter); (5) All time loading or unloading a vehicle, supervising, or assisting in the loading or unloading, attending a vehicle being

161

382 Controlled Substances and Alcohol Use and Testing

Alcohol means the intoxicating agent in beverage alcohol, ethyl alcohol, or other low molecular weight alcohols including methyl and isopropyl alcohol. Alcohol concentration (or content) means the alcohol in a volume of breath expressed in terms of grams of alcohol per 210 liters of breath as indicated by an evidential breath test under this part. Alcohol use means the drinking or swallowing of any beverage, liquid mixture or preparation (including any medication), containing alcohol. Commerce means: (1) Any trade, traffic or transportation within the jurisdiction of the United States between a place in a State and a place outside of such State, including a place outside of the United States; and (2) Trade, traffic, and transportation in the United States which affects any trade, traffic, and transportation described in paragraph (1) of this definition. Commercial motor vehicle means a motor vehicle or combination of motor vehicles used in commerce to transport passengers or property if the vehicle — (1) Has a gross combination weight rating of 11,794 or more kilograms (26,001 or more pounds) inclusive of a towed unit with a gross vehicle weight rating of more than 4,536 kilograms (10,000 pounds); or (2) Has a gross vehicle weight rating of 11,794 or more kilograms (26,001 or more pounds); or (3) Is designed to transport 16 or more passengers, including the driver; or (4) Is of any size and is used in the transportation of materials found to be hazardous for the purposes of the Hazardous Materials Transportation Act (49 U.S.C. 5103(b)) and which require the motor vehicle to be placarded under the Hazardous Materials Regulations (49 CFR Part 172, Subpart F). Confirmation (or confirmatory) drug test means a second analytical procedure performed on a urine specimen to identify and quantify the presence of a specific drug or drug metabolite. Confirmation (or confirmatory) validity test means a second test performed on a urine specimen to further support a validity test result. Confirmed drug test means a confirmation test result received by an MRO from a laboratory. Consortium/Third party administrator (C/TPA) means a service agent that provides or coordinates one or more drug and/or alcohol testing services to DOT-regulated employers. C/TPAs typically provide or coordinate the provision of a number of such services and perform administrative tasks concerning the operation of the employers’ drug and alcohol testing programs. This term includes, but is not limited to, groups of employers who join together to administer, as a single entity, the DOT drug and alcohol testing programs of its members (e.g., having a combined random testing pool). C/TPAs are not “employers” for purposes of this part. Controlled substances mean those substances identified in §40.85 of this title. Designated employer representative (DER) is an individual identified by the employer as able to receive communications and test results from service agents and who is authorized to take immediate actions to remove employees from safety-sensitive duties and to make required decisions in the testing and evaluation processes. The individual must be an employee of the company. Service agents cannot serve as DERs. Disabling damage means damage which precludes departure of a motor vehicle from the scene of the accident in its usual manner in daylight after simple repairs. (1) Inclusions. Damage to motor vehicles that could have been driven, but would have been further damaged if so driven. (2) Exclusions. (i) Damage which can be remedied temporarily at the scene of the accident without special tools or parts. (ii) Tire disablement without other damage even if no spare tire is available. (iii) Headlight or taillight damage. (iv) Damage to turn signals, horn, or windshield wipers which make them inoperative. DOT Agency means an agency (or “operating administration”) of the United States Department of Transportation administering regulations requiring alcohol and/or drug testing (14 CFR Parts 61, 63, 65, 121, and 135; 49 CFR Parts 199, 219, 382, and 655), in accordance with Part 40 of this title. Driver means any person who operates a commercial motor vehicle. This includes, but is not limited to: Full time, regularly employed drivers; casual, intermittent or occasional drivers; leased drivers and independent owner-operator contractors.

§382.107 (d)

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§382.109

Part 382 - Controlled Substances and Alcohol Use and Testing

loaded or unloaded, remaining in readiness to operate the vehicle, or in giving or receiving receipts for shipments loaded or unloaded; and (6) All time repairing, obtaining assistance, or remaining in attendance upon a disabled vehicle. Screening test (or initial test) means: (1) In drug testing, a test to eliminate “negative” urine specimens from further analysis or to identify a specimen that requires additional testing for the presence of drugs. (2) In alcohol testing, an analytical procedure to determine whether an employee may have a prohibited concentration of alcohol in a breath or saliva specimen. Stand-down means the practice of temporarily removing an employee from the performance of safety-sensitive functions based only on a report from a laboratory to the MRO of a confirmed positive test for a drug or drug metabolite, an adulterated test, or a substituted test, before the MRO has completed verification of the test results. Violation rate for random alcohol testing means the number of 0.04 and above random alcohol confirmation test results conducted under this part plus the number of refusals of random alcohol tests required by this part, divided by the total number of random alcohol screening tests (including refusals) conducted under this part.

§382.107 DOT Interpretations Question 1: What is an owner-operator? Guidance: The FHWA neither defines the term “owner-operator” nor uses it in regulation. The FHWA regulates “employers” and “drivers.” An owner-operator may act as both an employer and a driver at certain times, or as a driver for another employer at other times depending on contractual arrangements and operational structure.

§382.109 Preemption of State and local laws. (a) Except as provided in paragraph (b) of this section, this part preempts any State or local law, rule, regulation, or order to the extent that: (1) Compliance with both the State or local requirement in this part is not possible; or (2) Compliance with the State or local requirement is an obstacle to the accomplishment and execution of any requirement in this part. (b) This part shall not be construed to preempt provisions of State criminal law that impose sanctions for reckless conduct leading to actual loss of life, injury, or damage to property, whether the provisions apply specifically to transportation employees, employers, or the general public.

§382.109 DOT Interpretations Question 1: An employer is required by State or local law, regulation, or order to bargain with unionized employees over discretionary elements of the DOT alcohol and drug testing regulations (e.g., selection of DHHS-approved laboratories or MROs). May the employer defer the 1995 or 1996 implementation dates for testing employees until the collective bargaining process has produced agreement on these discretionary elements, or must the employer implement testing as required by Part 382? Guidance: The FMCSA provided large employers 45 weeks and small employers 97 weeks collectively to bargain the discretionary elements of the Part 382 testing program. An employer must implement alcohol and controlled substances testing in accordance with the schedule in §382.115. If observance of the collective bargaining process would make it impossible for the employer to comply with these deadlines, §382.109(a)(1) preempts the State or local bargaining requirement to the extent needed to meet the implementation date.

§382.111 Other requirements imposed by employers. Except as expressly provided in this part, nothing in this part shall be construed to affect the authority of employers, or the rights of drivers, with respect to the use of alcohol, or the use of controlled substances, including authority and rights with respect to testing and rehabilitation.

§382.113 Requirement for notice. Before performing each alcohol or controlled substances test under this part, each employer shall notify a driver that the alcohol or controlled substances test is required by this part. No employer shall falsely represent that a test is administered under this part.

162

§382.113 DOT Interpretations Question 1: Must a notice be given before each test or will a general notice given to drivers suffice? Guidance: A driver must be notified before submitting to each test that it is required by Part 382. This notification can be provided to the driver either verbally or in writing. In addition, the FHWA (Federal Highway Administration) believes that the use of the DOT (U.S. Department of Transportation) Breath Alcohol Testing Form, OMB No. 2105-0529, and the Drug Testing Custody and Control Form, 49 CFR Part 40, Appendix A, will support the verbal or written notice that the test is being conducted in accordance with Part 382.

§382.115 Starting date for testing programs. (a) All domestic-domiciled employers must implement the requirements of this part on the date the employer begins commercial motor vehicle operations. (b) All foreign-domiciled employers must implement the requirements of this part on the date the employer begins commercial motor vehicle operations in the United States.

§382.115 DOT Interpretations Question 1: In a governmental entity structured into various subunits such as departments, divisions, and offices, how is the number of an employer's drivers determined for purposes of the implementation date of controlled substances and alcohol testing? Guidance: Part 382 testing applies to governmental entities, including those of the Federal government, the States, and political subdivisions of the States. An employer is defined as any person that owns or leases CMVs, or assigns drivers to operate them. Therefore, any governmental entity, or a subunit of it that controls CMVs and the day-today operations of its drivers, may be considered the employer for purposes of Part 382. For example, a city government divided into various departments, such as parks and public works, could consider the departments as separate employers if the CMV operations are separately controlled. The city also has the option of deeming the city as the employer of all of the drivers of the various departments.

§382.117 Public interest exclusion. No employer shall use the services of a service agent who is subject to public interest exclusion in accordance with 49 CFR Part 40, Subpart R.

§382.119 Stand-down waiver provision. (a) Employers are prohibited from standing employees down, except consistent with a waiver from the Federal Motor Carrier Safety Administration as required under this section. (b) An employer subject to this part who seeks a waiver from the prohibition against standing down an employee before the MRO has completed the verification process shall follow the procedures in 49 CFR 40.21. The employer must send a written request, which includes all of the information required by that section to the Administrator, Federal Motor Carrier Safety Administration, 1200 New Jersey Ave., SE., Washington, DC 20590–0001. (c) The final decision whether to grant or deny the application for a waiver will be made by the Administrator or the Administrator’s designee. (d) After a decision is signed by the Administrator or the Administrator’s designee, the employer will be sent a copy of the decision, which will include the terms and conditions for the waiver or the reason for denying the application for a waiver. (e) Questions regarding waiver applications should be directed to the Federal Motor Carrier Safety Administration, Office of Enforcement and Compliance (MC–EC), 1200 New Jersey Ave., SE., Washington, DC 20590–0001.

§382.121 Employee admission of alcohol and controlled substances use. (a) Employees who admit to alcohol misuse or controlled substances use are not subject to the referral, evaluation and treatment requirements of this part and Part 40 of this title, provided that: (1) The admission is in accordance with a written employer-established voluntary self-identification program or policy that meets the requirements of paragraph (b) of this section; (2) The driver does not self-identify in order to avoid testing under the requirements of this part; (3) The driver makes the admission of alcohol misuse or controlled substances use prior to performing a safety-sensitive function (i.e., prior to reporting for duty); and

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Subpart B - Prohibitions (4) The driver does not perform a safety-sensitive function until the employer is satisfied that the employee has been evaluated and has successfully completed education or treatment requirements in accordance with the self-identification program guidelines. (b) A qualified voluntary self-identification program or policy must contain the following elements: (1) It must prohibit the employer from taking adverse action against an employee making a voluntary admission of alcohol misuse or controlled substances use within the parameters of the program or policy and paragraph (a) of this section; (2) It must allow the employee sufficient opportunity to seek evaluation, education or treatment to establish control over the employee’s drug or alcohol problem; (3) It must permit the employee to return to safety-sensitive duties only upon successful completion of an educational or treatment program, as determined by a drug and alcohol abuse evaluation expert, i.e., employee assistance professional, substance abuse professional, or qualified drug and alcohol counselor; (4) It must ensure that: (i) Prior to the employee participating in a safety-sensitive function, the employee shall undergo a return to duty test with a result indicating an alcohol concentration of less than 0.02; and/or (ii) Prior to the employee participating in a safety-sensitive function, the employee shall undergo a return to duty controlled substance test with a verified negative test result for controlled substances use; and (5) It may incorporate employee monitoring and include non-DOT follow-up testing.

§382.121 DOT Interpretations Question 1: If an employee admits to alcohol misuse or drug use, when is it appropriate for the employer to apply the exception in §382.121?1 Guidance: TIn order for the exception in §382.121 to be used, all the provisions and conditions of this section must be met. In this instance, none of the consequences of prohibited conduct would apply, and the employer would not report the admission to any subsequent employers. However, if any of the conditions in §382.121 is absent (for example, if the employer has no existing written policy, or if the driver fails to follow the employer’s treatment program), then the exception may not be used, and the driver would be fully subject to all the consequences of prohibited conduct, including referral and treatment in accordance with Part 40 Subpart O, and reporting to subsequent employers in accordance with §40.25 and §391.23(e).1 1. This interpretation was issued after the interpretations were published in the Federal Register in April 1997.

Subpart B - Prohibitions §382.201 Alcohol concentration. No driver shall report for duty or remain on duty requiring the performance of safety-sensitive functions while having an alcohol concentration of 0.04 or greater. No employer having actual knowledge that a driver has an alcohol concentration of 0.04 or greater shall permit the driver to perform or continue to perform safety-sensitive functions.

§382.205 On-duty use. No driver shall use alcohol while performing safety-sensitive functions. No employer having actual knowledge that a driver is using alcohol while performing safety-sensitive functions shall permit the driver to perform or continue to perform safety-sensitive functions.

§382.215 (c)

§382.207 Pre-duty use. No driver shall perform safety-sensitive functions within four hours after using alcohol. No employer having actual knowledge that a driver has used alcohol within four hours shall permit a driver to perform or continue to perform safety-sensitive functions.

§382.209 Use following an accident. No driver required to take a post-accident alcohol test under §382.303 shall use alcohol for eight hours following the accident, or until he/she undergoes a post-accident alcohol test, whichever occurs first.

§382.211 Refusal to submit to a required alcohol or controlled substances test. No driver shall refuse to submit to a post-accident alcohol or controlled substances test required under §382.303, a random alcohol or controlled substances test required under §382.305, a reasonable suspicion alcohol or controlled substances test required under §382.307, or a follow-up alcohol or controlled substances test required under §382.311. No employer shall permit a driver who refuses to submit to such tests to perform or continue to perform safety-sensitive functions.

§382.213 Controlled substances use. (a) No driver shall report for duty or remain on duty requiring the performance of safety-sensitive functions when the driver uses any controlled substance, except when the use is pursuant to the instructions of a licensed medical practitioner, as defined in §382.107, who has advised the driver that the substance will not adversely affect the driver's ability to safely operate a commercial motor vehicle. (b) No employer having actual knowledge that a driver has used a controlled substance shall permit the driver to perform or continue to perform a safety-sensitive function. (c) An employer may require a driver to inform the employer of any therapeutic drug use.

§382.213 DOT Interpretations Question 1: Must a physician specifically advise that substances in a prescription will not adversely affect the driver’s ability to safely operate a CMV or may a pharmacist’s advice or precautions printed on a container suffice for the advice? Guidance: A physician must specifically advise the driver that the substances in a prescription will not adversely affect the driver's ability to safely operate a CMV.

§382.215 Controlled substances testing. No driver shall report for duty, remain on duty or perform a safety-sensitive function, if the driver tests positive or has adulterated or substituted a test specimen for controlled substances. No employer having actual knowledge that a driver has tested positive or has adulterated or substituted a test specimen for controlled substances shall permit the driver to perform or continue to perform safety-sensitive functions.

Subpart B — General Question 1: If a urine specimen is collected during a given calendar year (e.g., December 30) and the medical review officer (MRO) makes the final determination the following calendar year (e.g., January 3), for which year is the test result considered to be complete? Guidance: The Federal Highway Administration considers test results to be complete for the calendar year in which the MRO makes a final determination of the test results, regardless of the date the specimen was collected.

Subpart B — Prohibitions

Question 1: What is meant by the terms “use alcohol” or “alcohol use”? Is observation of use sufficient or is an alcohol test result required? Guidance: The term “alcohol use” is defined in §382.107. The employer is prohibited in §382.205 from permitting a driver to drive when the employer has actual knowledge of the driver's use of alcohol, regardless of the level of alcohol in the driver's body. The form of knowledge is not specified. It may be obtained through observation or other method.

Question 1: Does the term, “actual knowledge,” used in the various prohibitions in Subpart B of Part 382, require direct observation by a supervisor or is it more general? Guidance: The form of actual knowledge is not specified, but may result from the employer’s direct observation of the employee, the driver’s previous employer(s), the employee’s admission of alcohol use, or other occurrence. (59 FR 7320, February 15, 1994)

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382 Controlled Substances and Alcohol Use and Testing

§382.205 DOT Interpretations

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Buses

Index

B Battery Installation 393.30 315 Bills Bills of Lading 373.101 109 Expense Bills 373.103 109 Low Value Packages 373.105 109 Boulders, Securing 393.136 343 Brake Adjusters, Automatic 393.53 321 Brakes Adjustment Indicator 393.53(c) 321 Antilock 393.55 321 Automatic Adjusters Air Brake Systems 393.53(b) 321 Hydraulic Brake Systems 393.53(a) 321 Breakaway 393.43 317 Emergency 393.43 317 Front Brake Lines, Protection 393.44 317 Lining 393.47 318 Operative 393.48 318 Parking Brake Systems 393.41 316 Performance 393.52 320 Required Systems 393.40 315 Reservoirs Required 393.50 319 Tubing and Hose Connections 393.45(d) 318 Tubing and Hose 393.45 317 Warning Signals and Gauges 393.51 319 Wheels, Required on All 393.42 316 Bridge Formula Weights Addendum 411 Brokers of Property Accounting 371.13 101 Applicability 371.1 101 Definitions 371.2 101 Duties and Obligations 371.10 101 Misrepresentation 371.7 101 Rebating and Compensation 371.9 101 Records Kept 371.3 101 Buses Aisle Seats Prohibited 393.91 333 Defrosting and Defogging Systems 393.79 332 Driveshaft Protection 393.89 333 Emergency Doors Inspection 396.3(a)(2) 369 Test Records 396.3(b)(4) 369 Emergency Equipment 393.95 334

IX Subject Index

Section # Page #

IX Subject Index

Accidents Definition 390.5 269 Recordkeeping 390.15(b) 274 Adverse Driving Conditions 395.1(b) 345 Age of Driver 391.11(b)(1) 279 Alaska Hours of Service 395.1(h) 346 Restricted CDLs 383.3(e) 177 Alcohol Concentration 382.201 163 Consequences Alcohol-Related Conduct 382.505 173 Evaluation and Testing 382.503 173 Penalties 382.507 173 Safety-Sensitive Functions, Removal from 382.501-382.505 172, 173 Disqualification from Driving 383.51(b), 391.15(c) 280 Driving Under the Influence Definition 383.5 181 Driver Disqualification 383.51(b), 391.15(c)(2)(i) 280 Evaluation 382.605 174 Following Accident 382.209 163 Misuse 382.601 173 On-Duty Use 382.205 163 Pre-Duty Use 382.207 163 Prohibition 392.5 297 Referral 382.605 174 Supervisor Training 382.603 174 Testing Confirmation Test First Steps 40.251 40 Post-Test Procedures 40.255 41 Procedures 40.253 40 Devices 40.229, 40.231 38 Proper Use and Care 40.233, 40.235 38 Employer Responsibilities Part 40 Subpart B 5- 8 Follow-Up 382.311 170 Form 40.225, 40.227, App G to Part 40 37, 56- 57 Management Information System (MIS) Data Collection Form 40.26, App H to Part 40 8, 57- 60 Personnel Part 40 Subpart J 36- 37 Post-Accident 382.303 165 Pre-Employment 382.301 164 Problems Cancellation 40.267-40.275 42- 43 Insufficient Breath 40.265 41 Insufficient Saliva 40.263 41 Refusal to Take 40.261 41 Procedures 382.105 160 Random 382.305 166 Reasonable Suspicion 382.307 169 Records Access 382.405 171 Confidentiality 40.321, 40.323 47 Employer Notifications 382.411 172 Inquiries for 382.413 172 Releasing 40.329, 40.331 47 Retention 40.333, 382.401 48, 170 Refusal to Submit 382.211 163 Results, Reporting 382.403 171 Return-to-Duty 382.309 170 Screening Test Breath Tube ASD 40.245 39 EBT or Non-Evidential Breath ASD 40.243 39 First Steps 40.241 38 Post-Test Procedures 40.247 40 Saliva ASD 40.245 39 Sites 40.221 37 Security 40.223 37 Starting Date 382.115 162 Treatment 382.605 174

Applications Certificate of Registration to Operate in U.S. Municipalities on the U.S.-Mexico Border Appeals 368.8 93 Applying 368.3 93 Carrying Certificate in Vehicle 368.7 93 Certificates 368.1 93 Change in Applicant Information 368.4 93 Definitions 368.2 93 FMCSA Action on Application 368.6 93 Re-registration 368.5 93 Operating Authority Applying 365.101-365.123 83- 84 Contacting Another Party 365.303 84 Definitions 365.403 85 FAX Filings 365.309 84 Form OP-1 365.105 83 Mexico-Domiciled Carriers 365.501-App A to Subpart E of Part 365 86- 88 Opposing Requests for Authority 365.201-365.207 84 Replies to Motions 365.307 84 Rules 365.301 84 Serving Copies of Pleadings 365.305 84 Transfer of Operating Rights 365.401-365.413 84- 86 Automatic Brake Adjusters 393.53 321

INDEX

419

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Buses Buses (continued) Emergency Exits 393.62 322 Marking 393.62(e) 323 Window Requirements 393.62(d) 322 Financial Responsibility 387.31 253 Horn 393.81 332 Lighting Devices 393.11 307 Pushing 392.63 301 Rear-Vision Mirrors 393.80 332 Reflectors 393.11 307 Safe Operation 392.62 301 Seats, Seat Belt Assemblies, and Seat Belt Assembly Anchorages 393.93(a) 333 Speedometer 393.82 332 Standee Line or Bar 393.90 333 Towing 392.63 301 Windshield Wiping and Washing Systems 393.78 331

C C.O.D. Shipments 377.101-377.105 141 Cab and Body Components 393.203 344 Carbon Monoxide 392.66 301 Cargo, Inspection 392.9 298 Cargo, Securing Applicability 393.106(a) 336 Boulders 393.136 343 Concrete Pipe 393.124 341 Containers, Roll-on/Roll-off or Hook Lift 393.134 343 Devices Performance Criteria 393.102 335 Standards 393.104 336 Front End Structures 393.114 338 Intermodal Containers 393.126 342 Load Loss 393.100(b) 335 Shifting 393.100(c) 335 Logs 393.116 338 Lumber, Dressed 393.118 339 Metal Coils 393.120 339 Paper Rolls 393.122 340 Placement and Restraint 393.106(c) 336 Tiedowns Adjusting 393.112 338 Manufacturing Standards 393.104(e) 336 Number 393.110 337 Use 393.104(f) 336 Vehicles Automobiles, Light Trucks, and Vans 393.128 342 Flattened or Crushed 393.132 343 Heavy Vehicles, Equipment, and Machinery 393.130 342 Types 393.100(a) 335 Certificates, Falsification 390.35 278 Civil Rights 61 Claims Loss and Damage Acknowledgement 370.5 99 Applicability 370.1 99 Disposition 370.9 99 Filing 370.3 99 Investigation 370.7 99 Overcharge, Duplicate Payment, or Overcollection Acknowledgement 378.7 143 Applicability 378.1 143 Definitions 378.2 143 Disposition 378.8, 378.9 143 Documentation 378.4 143 Filing 378.3 143 Investigation 378.5 143 Processing 378.3 143 Records 378.6 143 Class 7 Materials 397.101, 397.103 380, 381 Commercial Driverâ&#x20AC;&#x2122;s License Application Procedures 383.71 State Procedures 383.73 192 Definition 383.5 180 Employer Responsibilities 383.37 184 Penalties 383.53 190 Required Skills 383.113 200 Restricted Licenses Drivers in Alaska 383.3(e) 177 Farm-Related Service Industries 383.3(f) 178 Pyrotechnic Industry 383.3(g) 178 Single License Requirement 383.21 182 State Compliance CDL Issuance and Information 384.204 205 CDLIS Information 384.205 206 Decertification 384.405 210 Definitions 384.105 205 Determining Compliance 384.301-384.309 209- 210 Disqualification Notification 384.208 206 Requirement 384.231 209 Domicile Requirement 384.212 207 Driving While Under the Influence 384.203 205 Drug Offenses 384.217 207 Emergency Grants 384.407 210

420

INDEX

Commercial Driverâ&#x20AC;&#x2122;s License (continued) State Compliance (continued) Licensing Limitation 384.210 206 Notification 384.207 206 Masking Convictions 384.226 208 National Driver Register Information 384.220 207 Noncommercial Motor Vehicle Violations 384.224 207 Noncompliance Availability of Funds 384.403 210 Consequences 384.401 210 Offenses Drug 384.217 207 First 384.215 207 Second 384.216 207 Out-of-Service Regulations 384.221 207 Violations 384.222 207 Penalties for Drivers of CMVs 384.213 207 Railroad-Highway Grade Crossing Violation 384.223 207 Reciprocity 384.214 207 Record Checks 384.206 206 Background 384.233 209 Required Timing 384.232 209 Testing Program 384.201 205 Standards 384.202 205 Traffic Violations Notification of 384.209 206 Second 384.218 207 Third 384.219 207 Tamperproofing 383.155 204 Testing Commercial Motor Vehicle Groups 383.91 196 Endorsements 383.93 197 Double/Triple Trailers Endorsement 383.115 201 Hazardous Materials Endorsement 383.121 201 Passenger Endorsement 383.117 201 School Bus 383.123 201 Tank Vehicle Endorsement 383.119 201 Implied Consent to Alcohol Testing 383.72 192 Methods 383.133 202 Third Party Testing 383.75 195 Validity of CDL Issued by Decertified State 383.7 182 Commercial Motor Vehicles (see also Motor Vehicles, Inspection entry) Part 392 297- 301 Carbon Monoxide 392.66 301 Definition 382.107, 383.5, 390.5 161, 269 Driving Time, Maximum 395.3, 395.5 352, 353 Emergency Equipment 392.8 298 Emergency Signals Flame-Producing 392.24, 392.25 300 Warning Signals 392.22 300 Equipment 392.7 298 Exits 392.64 301 Groups 383.91 196 Hazardous Conditions 392.14 299 Lighting Devices 393.11 307 Notification Requirements Convictions 383.31 184 License Suspensions 383.33 184 Previous Employment 383.35 184 Open Flame Heaters 392.67 301 Operating Authority 392.9a 299 Operating Rules 392.2 297 Other Purposes 390.33 277 Parking Brake System 393.41 316 Radar Detectors 392.71 301 Railroad Crossings Slowing Down 392.11 299 Stopping 392.10 299 Required Knowledge to Operate 383.111 199 Reservoirs 393.50 319 Seat Belts 392.16 300 Speed Limits 392.6 298 Unsafe 396.7 369 Commercial Zones 372.201-372.243, App F to Subchapter B 105- 108, 391 Definitions 372.239 108 Concrete Pipe, Securing 393.124 341 Controlled Substances Disqualification from Driving 383.51, 391.15(c) 185, 280 Driving Under the Influence, Driver Disqualification 383.51(b), 391.15(c)(2)(ii)-(iii) 280 Misuse 382.601 173 Prohibition 392.4 297 Safety-Sensitive Functions, Removal from 382.501-382.505 172, 173 Testing Cancellation 40.199-209 34- 36 Consent or Release 40.27 8 Dilute Specimen 40.197 34 Employer Responsibilities Part 40 Subpart B 5- 8 Follow-Up 382.311 170 Insufficient Urine 40.193 32 Due to Long-Term Medical Condition 40.195 33 Laboratories 40.81 15 Blind Specimens 40.103, 40.105 18, 19 Cutoff Concentrations 40.87 16 Disclosing Information 40.111 19 Documentation 40.109 19 Drugs Tested for 40.85 16

Section # Page #

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Endorsement Controlled Substances (continued) Testing (continued) Laboratories (continued) Inspection 40.107 19 Relationship with MRO 40.101, 40.125 18, 20 Reporting 40.97 17 Specimen Criteria 40.93, 40.95, 40.96 17 Processing 40.83 15 Retention 40.99 18 Validity Testing 40.89, 40.91 17 Management Information System Data 40.26 8 Positive 382.215 163 Post-Accident 382.303 165 Pre-Employment 382.301 164 Procedures 382.105 160 Random 382.305 166 Reasonable Suspicion 382.307 169 Records Access 382.405 171 Confidentiality 40.321, 40.323 47 Inquiries for 382.413 172 Releasing 40.329, 40.331 47 Retention 40.333, 382.401 48, 170 Refusal to Submit 382.211 163 Refusal to Take 40.191 31 Results, Reporting 382.403 171 Return-to-Duty 382.309 170 Starting Date 382.115 162 Substituting a Test Specimen 382.215 163 Urine Collection Collector 40.31 9 Specimen Check 40.65 13 Preparation 40.71 15 Process 40.73 15 Training Requirements 40.33 9 Directly Observed 40.67 14 Documentation 40.45, 40.47 11, 12 Kits App A to Part 40 54 Location 40.41 10 Materials 40.49 12 Monitored 40.69 14 Process 40.61, 40.63 12, 13 Protecting Security and Integrity 40.43 11 Sending to Lab 40.51 12 Use 382.213 163 Cooperative Agreements with States Acceptance 388.2 261 Assistance 388.5 261 Cancellation 388.3 261 Eligibility 388.1 261 Information, Exchange of 388.4 261 Joint Administrative Activities 388.7 261 Joint Investigation, Inspection, or Examination 388.6 261 Supplemental Agreements 388.8 261 Coupling Devices and Towing Methods Driveaway-Towaway Operations 393.71 326 Non-Driveaway-Towaway Operations 393.70 325

Section # Page #

IX Subject Index

Definitions 390.5 269 Applications Certificate of Registration to Operate in U.S. Municipalities on the U.S.-Mexico Border 368.2 93 Operating Authority 365.403 85 Brokers of Property 371.2 101 Claims 378.2 143 Commercial Driver’s License Program, State Compliance 384.105(b) 205 Commercial Driver’s License Standards 383.5 180 Commercial Zones 372.239 108 Drug and Alcohol Testing Programs 40.3, 382.107 3, 160 Entry-Level Driver Training Requirements 380.502 151 Exemptions 372.107 103 Freight Forwarders 387.401 259 Hazardous Materials Non-Radioactive 397.65 377 Safety Permits 385.402 219 Hours of Service 395.2 349 Household Goods, Transportation of 375.103 115 Lease and Interchange of Vehicles 376.2 137 Longer Combination Vehicle (LCV) 380.105 149 Migrant Workers, Transporting 398.1 385 Motor Carriers Passengers 387.29 253 Property 387.5 249 Noise Emission Standards 325.5 63 Parts and Accessories Necessary for Safe Operation 393.5 303 Passenger Carrier Regulations 374.113, 374.303 111 Preemption Procedures 397.201(c) 381 Rulemaking Procedures 389.3 263 Rules of Practice 386.2 235 Safety Fitness Procedures 385.3 211 Mexico-Domiciled Carriers 385.101 214 State Laws 355.5 77 Step, Handhold, and Deck Requirements 399.205 389 Transportation Workplace Drug and Alcohol Testing Programs 40.3 3

Defrosting and Defogging Systems 393.79 332 Disqualification of Drivers 383.51, 383.52, 391.15 185, 190, 280 Doctor’s Examination (see also Physical Examination entry) 391.43 287 Documents Copies 390.31 277 Location 390.29 277 Double/Triple Trailers Endorsement 383.115 201 Driveaway-Towaway Operations Coupling Devices and Towing Methods 393.71 326 Emergency Equipment 393.95 334 Inspections 396.15 372 Lamps and Reflectors 393.17 313 Driver’s License (see also Commercial Driver’s License entry) Part 383 177- 204 Drivers Adverse Driving Conditions 395.1(b) 345 Age 391.11(b)(1) 279 Alcohol and Controlled Substances Use, Admit to Using (see also Alcohol and Controlled Substances entries) 382.121 162 Disqualification 383.51, 383.52, 391.15 185, 190, 280 Driver-Salesperson 395.1(c) 345 Driving Record Investigation and Inquiries 391.23 282 Violations 391.27 284 Emergency Equipment Inspection 392.8 298 Employment Application 391.21 281 Entry-Level Driver Training Requirements (see also Entry-Level Driver Training Requirements entry) 380.503 151 Exemptions Employed Prior to January 1, 1971 391.61 295 Farm Vehicles 391.2, 391.67 279, 296 Furnished by Other Motor Carriers 391.65 296 Intracity Zone 391.62 295 Multiple Employer 391.63 295 Private Motor Carrier of Passengers Business 391.69 296 Nonbusiness 391.68 296 Vision and Diabetes Waiver Study Programs 391.64 295 Hazardous Conditions 392.14 299 Hours of Service Part 395 345- 363 Ill or Fatigued 392.3 297 Maximum Driving Time 395.3, 395.5 352, 353 Migrant Workers, Motor Vehicles Transporting (see also Migrant Workers, Transporting entry) Part 398 385- 388 Motor Vehicle Inspection 392.7, 396.13 298, 371 Oilfield Operations 395.1(d) 345 Operating Rules 392.2 297 Out of Service 395.13 357 Alcohol Use 392.5(c)-(e) 297 Property-Carrying Driver 395.1(o) 347 Qualifications Certificate of Physical Examination 391.43 287 Files 391.51 294 General 391.11 279 Medical Examination 391.43, 391.45 287, 291 Conflicts 391.47 291 Physical 391.41 Limbs, Loss or Impairment 391.49 291 Record of Duty Status 395.8 353 Responsibilities 391.13 280 Road Test 391.31 285 Certificate 391.31(f) 285 Equivalent 391.33 285 Testing Follow-Up 382.311 170 Post-Accident 382.303 165 Pre-Employment 382.301 164 Random 382.305 166 Reasonable Suspicion 382.307 169 Return-to-Duty 382.309 170 Vehicle Inspection Records 396.11 370 Violations, Notification of Convictions 383.31 184 Driveshaft Protection, Buses 393.89 333 Drug Testing (see also Testing under Controlled Substances entry) Part 40 Subpart C 164- 170

E Emergency Equipment Fire Extinguishers 393.95(a) 334 Flame-Producing Devices 393.95(g) 335 Fusees 393.95(j) 335 Inspection 392.8 298 Liquid-Burning Flares 393.95(j) 335 Red Flags 393.95(k) 335 Spare Fuses 393.95(b) 334 Stopped Vehicles 393.95(f) 335 Use 392.8 298 Emergency Signals Flame-Producing 392.24, 392.25 300 Warning Signals 392.22 300 Employment Application 391.21 281 Endorsement Descriptions 383.93(b) 197 Double/Triple Trailers 383.115 201 Hazardous Materials 383.121 201 Passenger 383.117 201 School Bus 383.123 201

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Endorsement Endorsement (continued) Tank Vehicle 383.119 201 Testing Requirements 383.93(c) 197 Entry-Level Driver Training Requirements 380.503 151 Applicability 380.501 151 Definitions 380.502 151 Driver Responsibilities 380.507 152 Employer Responsibilities 380.509 152 Recordkeeping 380.511 152 Proof of Training 380.505 152 Training Certificate, Required Information 380.513 152 Exemptions 372.101-372.117 103- 105 Applying for 381.300-381.330 156 Definitions 372.107 103 Preemption of State Rules 381.600 158 Exhaust Systems 325.91, 393.83 68, 332 Exits Commercial Motor Vehicles 392.64 301 Emergency Exits Buses 393.62 322 Motor Vehicles Transporting Migrant Workers 398.5(f)(10) 387 Motor Vehicles Transporting Migrant Workers 398.5(f)(6) 387 Sleeper Berth 393.76(c) 330

F Farm Vehicle Drivers 391.2, 391.67 279, 296 Fees, Insurance and Registration Filing 360.3 81 Records Search, Review, Copying, Certification, and Related Services 360.1 81 Updating 360.5 82 Fifth Wheel Assemblies 393.70(b), 398.5(d) 325, 387 Financial Responsibility Certificates of Insurance 387.301, 387.311 255, 257 Companies 387.315 258 Electronic Filing 387.323 258 Fiduciaries 387.319 258 Foreign Commerce 387.321 258 Forms and Procedures 387.313 257 Freight Forwarders Definitions 387.401 259 Electronic Filing 387.419 260 Fiduciaries 387.417 260 Forms and Procedures 387.413 260 Insurance and Surety Companies 387.409 259 Limits of Liability 387.405 259 Self-Insurer Qualifications 387.411 260 Surety Bonds and Certificates of Insurance 387.407 259 Motor Carriers Transporting Passengers Agent Designation 387.35 254 Definitions 387.29 253 Fiduciaries 387.37 254 Financial Responsibility Required 387.31 253 Forms 387.39 254 Minimum Levels of Financial Responsibility 387.33 254 State Authority 387.35 254 Motor Carriers Transporting Property Agent Designation 387.11 251 Definitions 387.5 249 Fiduciaries 387.13 251 Financial Responsibility Required 387.7 250 Forms 387.15 251 State Authority 387.11 251 Securities 387.301 255 Public Protection 387.303 255 Self-Insurer Qualifications 387.309 257 Surety Bonds 387.301 255 Companies 387.315 258 Electronic Filing 387.323 258 Fiduciaries 387.319 258 Foreign Commerce 387.321 258 Property Broker 387.307 256 Fire Extinguishers 393.95(a) 334 Flags, Requirements for 393.95(k) 335 Floors 393.84 332 Fuel Ignition, Prevention 392.50 301 Motor Vehicles Transporting Migrant Workers 398.4(l) 386 Liquefied Petroleum Gas Systems 393.69 325 Liquid Fuel Tanks 393.67 323 Motor Vehicle Containing Hazardous Materials 397.15 376 Reserve 392.51 301 Systems 393.65 323

G Glazing and Window Construction Pushout Windows Inspection 396.3(a)(2) 369 Test Records 396.3(b)(4) 369 Specified Openings 393.60 321 Window Obstructions 393.60(e) 321

422

INDEX

H Hawaii Hours of Service 395.1(i) 346 Seat Belts 393.93(d) 334 Hazard Warning Signal Flashers 392.22(a) 300 Hazard Warning Signals 393.19 314 Hazardous Materials Attendance and Surveillance of Motor Vehicles 397.5 375 Compliance with Federal Motor Carrier Safety Regulations 397.2 375 Endorsement 383.121 201 Fires 397.11 376 Fueling 397.15 376 Highway Routing Designations, Preemption 397.69 377 Instructions and Documents 397.19 377 Non-Radioactive Definitions 397.65 377 Dispute Resolution 397.75 379 Federal Standards 397.71 378 Motor Carrier Responsibility 397.67 377 Public Information 397.73(a) 379 Reporting Requirements 397.73(b) 379 Parking 397.7 376 Smoking 397.13 376 State and Local Laws, Ordinances, and Regulations 397.3 375 Tires 397.17 377 Hazardous Materials Safety Permits Applying for 385.405 220 Conditions Necessary for Issue 385.407 220 Definitions 385.402 219 Effective Dates 385.419 221 Motor Carriers Who Hold One 385.403 219 Number Availability 385.417 221 Operational Requirements 385.415 220 Revocation 385.421 221 Administrative Review 385.423 221 Safety Ratings 385.413 220 State Permits 385.411 220 Suspension 385.421 221 Administrative Review 385.423 221 Temporary Safety Permits 385.409 220 Head Lamps (see also Head Lamps under Lamps entry) 393.24 314 Hearings (see also Hearings under Rules of Practice entry) 386.31-386.58 240- 243 Heaters Flame-Producing 392.67 301 Requirements 393.77 330 Types Not Permitted 398.5(g) 387 Horn 393.81 332 Hours of Service 100 Air-Mile Radius Driver 395.1(e)(1) 345 Adverse Driving Conditions 395.1(b) 345 Agricultural Operations 395.1(k) 346 Automatic On-Board Recording Devices 395.15 358 Construction Materials and Equipment 395.1(m) 346 Definitions 395.2 349 Driverâ&#x20AC;&#x2122;s Record of Duty Status 395.8 353 Drivers Declared Out of Service 395.13 357 Emergency Conditions 395.1(b)(2) 345 Maximum Driving Time Passenger-Carrying Vehicles 395.5 353 Property-Carrying Vehicles 395.3 352 Oilfield Operations 395.1(d) 345 Property-Carrying Driver 395.1(o) 347 Sleeper Berths 395.1(g) 345 Travel Time 395.1(j) 346 Utility Service Vehicles 395.1(n) 347 Household Goods, Transportation of Advertisements 375.207 116 Agents 375.205 116 Arbitration Program 375.211 116 Bill of Lading 375.505 121 Charges Collecting 375.215-375.221 117- 118 Complaints 375.209 116 Definitions 375.103 115 Delays 375.605 122 Delivery Delays 375.605 122 Early 375.607 123 Maximum COD Amount 375.703 123 Release of Liability 375.701 123 Shipment Lost or Destroyed Partially 375.707 123 Totally 375.709 124 Timely Manner 375.601 122 Transporting on More Than One Vehicle 375.705 123 Estimates 375.401 Binding 375.403 119 Non-Binding 375.405 119 Relinquishing Possession of COD Shipment Transported Under Non-Binding Estimate 375.407 120 Freight or Expense Bill Collecting 375.807 124 Presenting 375.803, 375.805 124 Information Collection Requirements 375.105 116 Provided to Prospective Individual Shipper 375.213 117

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Mexico-Domiciled Carriers Household Goods, Transportation of (continued) Inquiries 375.209 116 Inventory 375.503 121 Liability Considerations 375.201, 375.203 116 Insurance Coverage 375.303 118 Release of Liability on Delivery Receipt 375.701 123 Order for Service 375.501 120 Penalties 375.901 124 Prospective Individual Shipper, Information Provided to 375.213 117 Service Options 375.301 118 Storing Household Goods in Transit 375.609 123 Tendering Shipment for Delivery 375.603 122 Timely Manner 375.601 122 Weight of Shipment Determining 375.507, 375.509 122 Knowing Weight or Charges Before Tendering Delivery 375.521 122 Less Than 3,000 Pounds 375.511 122 Observing 375.513, 375.515 122 Re-Weighing 375.517 122 Weight Tickets 375.519 122 Your Rights and Responsibilities When You Move Pamphlet App A to Part 375 124

I Imminent Hazard 386.72 244 Injunctions 386.71 244 Inspections Cargo, Cargo Securement Devices and Systems 392.9 298 Driveaway-Towaway Operations 396.15 372 Driver Inspections 396.13 371 Driver Vehicle Inspection Report 396.11 370 Emergency Equipment 392.8 298 Equipment 392.7 298 Inspection, Repair, and Maintenance Records 396.3 369 Laboratories 40.107 19 Minimum Periodic Inspection Standards App G to Subchapter B 401 Motor Vehicles Transporting Migrant Workers 398.7 387 Administration Inspection 398.8 387 Truck Drivers 392.9(b) 298 Insurance Fees 360.1-360.5 81- 82 Intermodal Containers, Securing 393.126 342 Intracity Zone Drivers Certificate of Physical Examination 391.43(d) 287 Exemptions 391.62 295 Medical Examination 391.45(b)(2) 291 Investigations 391.23 282 Assistance 390.15 274

K Knowledge Motor Vehicle Operators 383.111 199 Regulations 390.3(e) 265

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M Maintenance (see also Inspections entry) 396.3 369 Lubrication 396.5 369 Motor Vehicles Transporting Migrant Workers 398.7 387 Records 396.3(b), (c) 369 Unsafe Vehicles 396.7 369 Marking Buses Emergency Exits 393.62(e) 323 Liquid Fuel Tanks 393.67(c)(11), (f) 324 Saddle-Mounts 393.71(m)(8) 329 Tow-Bars 393.71(h)(9) 327 Medical Advisory Criteria Addendum 405 Medical Review Officers Employee Notification of Non-negative Drug Test Results 40.131 21 Laboratory, Relationship with 40.101, 40.125 18, 20 Qualifications 40.121 20 Record Retention 382.409 172 Responsibilities 40.123 20 Split Specimen Test Employee Notification 40.153, 40.171 26, 29 Laboratory Procedure First 40.175 29 Report to MRO 40.183, 40.185, 40.187 30 Second 40.177, 40.179, 40.181 30 Payment 40.173 29 Test Results Dilute 40.155 26 Invalid 40.159 26 Involving Drugs 40.137 23 Mmultiple Verified Results for the Same Testing Event 40.162 27 Negative 40.127 20 Non-negative Drug Test 40.129 21 Non-negative Drug Test 40.129Employee Notification 40.131 21 Positive or Refusal to Test 40.133 22 Positive, Adulterated, Substituted, or Invalid 40.129 Changing 40.149 25 Verification 40.145 24 Rejected 40.161 27 Reporting 40.163, 40.165, 40.167 28 Valid Test Result Cannot Be Produced 40.160 27 Verification Adulteration or Substitution 40.145 24 Changing 40.149 25 Decision 40.141 23 Interview 40.135 22 Prohibitions 40.151 25 Reporting Medical Information 40.327 47 Metal Coils, Securing 393.120 339 Mexico-Domiciled Carriers Certificate of Registration 368.1-368.8 93 Operating Authority 365.501-App A to Subpart E of Part 365 86- 88 Safety Monitoring 385.101-385.119 214- 216

INDEX

IX Subject Index

Lamps (see also Lighting and Reflectors entry) Part 393 Subpart B 307- 315 Auxiliary Driving Lamps 393.24 Aiming 393.24(d) 314 Mounting 393.24(c) 314 Auxiliary Driving Lamps 393.24(b) 314 Driveaway-Towaway Operations 393.17 313 Front Fog Lamps 393.24 Aiming 393.24(d) 314 Mounting 393.24(c) 314 Front Fog Lamps 393.24(b) 314 Head Lamps 393.24 314 Aiming 393.24(d) 314 Requirements 393.24(a) 314 Obscured 392.33 300 Operable 393.9 307 Other than Head Lamps 393.25 314 Mounting 393.25(a) 314 Specifications 393.25(c) 314 Steady-Burning 393.25(e) 315 Visibility 393.25(b) 314 Stop Lamps 393.25(f) 315 Laws (see also State Laws entry) Part 355 77- 78 Lease and Interchange of Vehicles Applicability 376.1 137 Definitions 376.2 137 Equipment Identification 376.11(c) 137 Interchange 376.31 139 Receipts 376.11(b) 137 Records 376.11(d) 137 Regulated Carriers 376.42 139 Exemptions 376.21-376.26 139 Written Requirements 376.12 137

License (see also Commercial Driverâ&#x20AC;&#x2122;s License entry) Part 383 177- 204 Lighting and Reflectors Combination 393.22 314 Driveaway-Towaway Operation 393.17 313 Emergency Reflectors 393.95 334 Equipment Requirements 393.11 307 Motor Vehicles Transporting Migrant Workers 398.4(k), 398.5(b) 386, 387 Obscured 392.33 300 Requirements 393.26 Additional Retroreflective Surfaces 393.26(d) 315 Mounting 393.26(a) 315 Specifications 393.26(b) 315 Substitute for Side Reflex Reflectors 393.26(c) 315 Wiring 393.28 315 Retroreflective Sheeting and Reflex Reflectors 393.13 312 Loading Buses 392.62 301 Motor Vehicles Transporting Migrant Workers 398.4(g) 386 Logs 395.8 353 Longer Combination Vehicle (LCV) Definitions 380.105 149 Driver Testing 380.109 149 Driver-Instructor Requirements 380.301, Part 391 151, 279- 296 Employer Responsibilities 380.305 151 Qualification Files 391.55 295 Substitute for 380.303 151 Driver-Training Program 380.107, 380.201, App to Part 380 149, 150, 152 Certification 380.401 151 Doubles 380.203 150 Substitute for 380.111 149 Triples 380.205 150 Employer Responsibilities 380.113 150 Driver-Instructor Requirements 380.305 151 Substitute Driver Training 380.111 149 Instructor Requirements 380.303 151 Lumber 393.116, 393.118 338, 339

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Migrant Workers, Transporting Migrant Workers, Transporting Applicability of Regulations 398.2 385 Definitions 398.1 385 Driver Qualifications 398.3 385 Maximum Driving Time 398.6 387 Motor Vehicles Accessories 398.5 387 Administration Inspection 398.8 387 Brakes 398.5(c) 387 Driving 398.4 386 Emergency Exits 398.5(f)(10) 387 Equipment and Emergency Devices 398.4(f) 386 Exits 398.5(f)(6) 387 Fuel 398.4(l)-(m) 386 Heaters 398.5(g) 387 Inspection and Maintenance 398.7 387 Lighting Devices and Reflectors 398.4(k), 398.5(b) 386, 387 Out of Service 398.8(c) 388 Parts 398.5 387 Passenger Compartment 398.5(f) 387 Safe Loading 398.4(g) 386 Tires 398.5(e) 387 Mirrors, Rear Vision 393.80 332 Motor Carrier Safety Assistance Program 350.101 69 Basic Program Funds 350.201, 350.209 70 Certification Format 350.211 71 Criteria 350.323 73 Use 350.315 73 Commercial Vehicle Safety Plan Consequences 350.215 72 Content 350.213 71 Response Received by State 350.207 70 Shared Expenses, State and Federal 350.303 72 Compatibility with FMCSRs and HMRs Consequences for Incompatibility 350.335 74 Ensuring 350.331 74 Interstate Commerce 350.337 74 Obtaining a New Exemption 350.343 75 Review 350.333 74 Tolerance Guidelines 350.339 74 Variances Allowing 350.341 75 Applying for 350.345 75 Definitions 350.105 69 Funding 350.205 70 Activities Eligible for Reimbursement 350.309, 350.311 72 Allocation 350.313 73 Basic Program Funds (see also Basic Program Funds, this heading) 350.201, 350.209 70 High Priority Activity Funds 350.319 73 Incentive Funds 350.317 73 States Qualifying 350.327 73 Level of Effort 350.301 72 Term 350.307 72 U.S. Territories 350.305 72 Jurisdictions Eligible 350.107 69 National Program Elements 350.109 70 Traffic Enforcement 350.111 70 Motor Carrier Safety Progress Report Addendum 410 Motor Carriers Aiding or Abetting Violations 390.13 274 Assistance in Investigations and Special Studies 390.15 274 Driver Regulations, Observance of 390.11 274

N Noise Emission Standards Correction Factors Application 325.79 68 Ground Surface 325.75 67 Microphone Distance 325.73 67 Open Site Requirements, Computation of 325.77 67 Definitions 325.5 63 Effective Date 325.3 63 Exhaust Systems 325.91 68 Highway Operations Ambient Conditions 325.35 65 Location and Operation of Sound Level Measurement System 325.37 65 Measurement Procedure 325.39 65 Site Characteristics 325.33 64 Measurement Ambient Conditions Highway Operations 325.35 65 Stationary Test 325.55 66 Procedure Highway Operations 325.39 65 Stationary Test 325.59 66 Site Characteristics Highway Operations 325.33 64 Stationary Test 325.53 66 Systems Calibration 325.25 64 Location and Operation Highway Operations 325.37 65 Stationary Test 325.57 66 Types 325.23 64 Tolerances 325.9 64 Windscreen 325.27 64 Motor Vehicle Inspection and Examination 325.13 64

424

INDEX

Noise Emission Standards (continued) Noise Levels, Allowable 325.7 63 Stationary Test Ambient Conditions 325.55 66 Location and Operation of Sound Level Measurement Systems 325.57 66 Measurement Procedure 325.59 66 Site Characteristics 325.53 66 Tires 325.93 68 Windscreen 325.27 64 Noise Levels, Vehicle Interior 393.94 334

O Oilfield Operations 395.1(d) 345 On-Board Recording Devices 395.15 358 Operating Authority (see also Operating Authority under Applications entry) Part 365 83- 88 Out of Service Drivers 395.13 357 Alcohol Use 392.5(c)-(e) 297 Motor Vehicles 396.9(c), 398.8(c) 388 Violation 383.51(e), 383.53(b), 391.15(d) 188, 280

P Paper Rolls, Securing 393.122 340 Parking Brake Systems 393.41 316 Passenger Carrier Regulations Baggage Declaring Excess Value 374.403, 374.405 113 Liability 374.401 113 Definitions 374.113, 374.303 111 Discrimination 374.101-374.113 111 Incidental Charter Rights 374.501-374.505 113 Intercity 374.301-374.319 111- 113 Smoking Prohibited 374.201 111 Passenger-Carrying Vehicles, Maximum Driving Time 395.5 353 Passengers Endorsement 383.117 201 Motor Vehicles Transporting Migrant Workers 398.5(f) 387 Private Motor Carrier Business 391.69 296 Nonbusiness 391.68 296 Unauthorized 392.60 301 Payment of Transportation Charges C.O.D. Shipments 377.101-377.105 141 Credit 377.201-377.217 141- 142 Penalties (see also Penalties under Rules of Practice entry) 386.81-386.84 245- 246 Physical Examination Certificate 391.43 287 Instructions for Performing 391.43(f) 287 Requirements for 391.45 291 Pilot Programs 381.400-381.520 157- 158 Preemption of State Rules 381.600 158 Post-Trip Inspection, Driveaway-Towaway Operations 396.15(c) 372 Preemption Procedures (see also Waivers entry) Part 397 Subpart E 381- 383 Application 397.205 381 Timeliness 397.221 383 Waiver 397.213 382 Definitions 397.201(c) 381 Determination 397.203, 397.211 381, 382 Judicial Review 397.225 383 Notice 397.207 382 Processing 397.209 382 Reconsideration 397.223 383 Pre-Trip Inspection Driveaway-Towaway Operations 396.15(b) 372 Equipment 392.7 298 Proceedings (see also Proceedings under Rules of Practice entry) 386.11-386.17 237- 239 Process Agent, Designation of Applicability 366.1 89 Blanket Designations 366.5 89 Cancellation or Change 366.6 89 Eligible Persons 366.3 89 Form 366.2 89 Required States 366.4 89 Property-Carrying Vehicles, Maximum Driving Time 395.3 352 Public Interest Exclusions Part 40 Subpart R 50- 54

R Radar Detectors 392.71 301 Radioactive Materials 397.101, 397.103 380, 381 Railroad Crossings Slowing Down 392.11 299 Stopping 392.10 299 Rear Impact Guards/Rear End Protection 393.86 332 Rear-Vision Mirrors 393.80 332

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Standee Line or Bar on Buses

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Rules of Practice (continued) Documents Filing 386.5 236 Filing 386.7 237 Service 386.6 236 Examinations 386.43 241 Hearings Administrative Law Judge 386.54 243 Admissions, Request for 386.44 241 Appeals 386.52 242 Burden of Proof 386.58 243 Conclusions of Law 386.57 243 Conduct 386.56(b) 243 Deposition 386.47 242 Evidence 386.56(c) 243 Written, Form of 386.49 242 Intervention 386.17 239 Investigation, Information Obtained by 386.56(d) 243 Medical Records and Physiciansâ&#x20AC;&#x2122; Reports 386.48 242 Motions 386.35, 386.36 240 Pleadings, Amendment and Withdrawal 386.51 242 Prehearing Conferences 386.55 243 Proposed Findings of Fact 386.57 243 Record 386.56(e) 243 Request for 386.13 238 Action on Requests 386.16 238 Subpoenas 386.53 243 Imminent Hazard 386.72 244 Injunctions 386.71 244 Land, Entry Upon 386.43 241 Motions 386.35 240 Compel Discovery 386.45 241 Dismiss 386.36(a) 240 More Definite Statement 386.36(b) 240 Rehearing 386.66 244 Notice of Claim Payment 386.18 239 Reply 386.14 238 Penalties 386.81 245 Failure to Pay Suspension or Revocation of Registration 386.84 245 Penalty Schedule Notices and Orders, Violations of App A to Part 386 246 Violations of Notices and Orders 386.82 245 Proceedings Commencement 386.11 237 Complaint 386.12 237 Hearing, Request for 386.13 238 Action on 386.16 238 Petitions to Review 386.13 238 Action on 386.16 238 Service 386.31 240 Service 386.8 237 Settlement Agreements 386.22 239 Written Interrogatories 386.42 241

S Saddle-Mounts Kingpins 393.71(l) 328 Lower Half 393.71(k) 328 Upper Half 393.71(j) 327 Safety Fitness Procedures Certification of Auditors, Investigators, and Inspectors 385.201-385.205 216 Definitions 385.3 211 Delinquent in Paying Penalties 385.14 213 Information 385.19 214 Monitoring Mexico-Domiciled Carriers 385.101-385.119 214- 216 New Entrant Safety Assurance Program 385.301-385.337 216- 219 Safety Audit Evaluation Criteria App A to Part 385 229 Safety Rating Administrative Review 385.15 213 Changes 385.17 213 Determining 385.7, 385.9 212 Process, Explanation of App B to Part 385 230 Unsatisfactory Rated Motor Carriers 385.13 213 Standard, Meeting 385.5 212 Safety Rating (see also Safety Rating under Safety Fitness Procedures entry) 385.7, 385.9 212 Salvage Processing 370.11 100 School Bus, Endorsement 383.123 201 Seat Belts Buses 393.93(a) 333 Trucks and Truck Tractors 393.93(b) 334 Use 392.16 300 Service Agents, Roles and Responsibilities Part 40 Subpart Q 48- 50 Sleeper Berths 393.76 330 Special Agents App B to Subchapter B 391 Speed Limits 392.6 298 Motor Vehicles Transporting Migrant Workers 398.4(e) 386 Speedometer 393.82 332 Split Specimen Tests (see also Split Specimen Test under Medical Review Officers entry) Part 40 Subpart H 29- 31 Standee Line or Bar on Buses 393.90 333

INDEX

IX Subject Index

Receipts (see also Bills entry) 373.101-373.201 109 Record of Duty Status 395.8 353 On-Board Recording Devices 395.15 358 Out of Service Drivers 395.13(b)(2), (c)(1)(ii), (d)(2) 357 Retention of Records 395.8(k) 354 Records Access 382.405 171 Accident 390.15 274 Companies Going Out of Business 379.9 145 Controlled Substances and Alcohol Use Testing 40.333, 382.401 48, 170 Copies 390.31 277 Disposition 379.13 145 Driver Qualification Files 391.51 294 Driving Record, Annual Review and Inquiry 391.25(c) 284 Falsification 390.35 278 Location 390.29 277 Preservation 379.7 145 Applicability 379.1 145 Protection 379.5 145 Record of Duty Status 395.8(k) 354 Retention 379.13 145 Periods App A to Part 379 145 Required 379.3 145 Schedule of App A to Part 379 145 Storage 379.5 145 Violations 391.27 284 Waiver of Requirements 379.11 145 Reflectors (see also Lighting and Reflectors entry) 393.11 307 Regional Offices, Motor Carrier Safety Service Centers 390.27 277 Registration Fees 360.1-360.5 81- 82 Reports Alcohol and Controlled Substances Testing 382.403 171 DOT Drug Testing Semi-Annual Laboratory Report App. B, C, and D to Part 40 54, 55 Driver Vehicle Inspection 396.11 370 Drug Test Results 40.163-40.167 28 Falsification 390.35 278 Routing of Non-Radioactive Hazardous Materials 397.73 379 Substance Abuse Professional 40.311 46 Reserve Fuel Materials of Trade 392.51 301 Motor Vehicles Transporting Migrant Workers 398.4(m) 386 Retail Store Deliveries 395.1(f) 345 Rights and Responsibilities When You Move Pamphlet App A to Part 375 124 Road Test 391.31 285 Certificate 391.31(f) 285 Equivalent 391.33 285 Routing Regulations Authority to Serve a Particular Area 356.1 79 Elimination of Gateways 356.11 79 Elimination of Restrictions 356.9 79 Redesignated Highways 356.13 79 Tacking 356.7 79 Traversal Authority 356.5 79 Rulemaking Procedures Additional Proceedings 389.25 263 Adoption of Final Rules 389.29 263 Applicability 389.1 263 Definitions 389.3 263 Extension of Time, Petitions 389.19 263 Hearings 389.27 263 Initiation 389.13 263 Notice Contents 389.15 263 Participation in 389.17 263 Petitions 389.31 263 Extension of Time 389.19 263 Processing 389.33 264 Reconsideration 389.35, 389.37 264 Records 389.7 263 Regulatory Docket 389.5 263 Written Comments Consideration 389.23 263 Contents 389.21 263 Rules of Practice Admissions, Request for 386.44 241 Appeal 386.67 244 Decision 386.61 243 Appeal 386.67 244 Failure to Comply with Final Order 386.65 244 Reconsideration 386.64 244 Rehearing 386.66 244 Review of 386.62 244 After Review 386.63 244 Definitions 386.2 235 Depositions 386.46 241 Hearings 386.47 242 Discovery Methods 386.37 240 Motion to Compel 386.45 241 Protective Orders 386.39 240 Responses, Supplementation of 386.40 240 Scope 386.38 240 Stipulations 386.41 240 Document Production 386.43 241

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State Laws State Laws Adopting and Enforcing Compatible Laws and Regulations 355.25 77 Applicability 355.3 77 Definitions 355.5 77 Purpose 355.1 77 Regulatory Review 355.21 77 Guidelines App A to Part 355 77 Submission of Results 355.23 77 Steering Wheel Systems 393.209 344 Step, Handhold, and Deck Requirements Definitions 399.205 389 Maintenance 399.211 390 Test Procedures 399.209 390 Truck and Truck-Tractor Access Requirements 399.207 389 Stopped Vehicles Emergency Signals 392.22 300 Warning Devices 393.95(f) 335 Substance Abuse Professionals Certification Organization Recognition for Members 40.283 43 Education and Treatment Referral 40.299, 40.303 45 Equivalency Requirements for Certification Organizations App E to Part 40 55 Evaluation 40.285 43 Evaluation, Referral, and Treatment Process 40.291 44 Follow-Up Evaluation 40.301 45 Follow-Up Tests 40.307 45 Employerâ&#x20AC;&#x2122;s Responsibilities 40.309 46 Initial Evaluation 40.293 44 Changing 40.297 45 Qualifications 40.281 43 Reports 40.311 46 Required Information 40.287 44 Second Opinions 40.295 44 Suspension Systems 393.207 344

T Tank Vehicle Endorsement 383.119 201 Television Receivers 393.88 333 Terminal Areas 372.300-372.303 108 Tiedowns Adjusting 393.112 338 Manufacturing Standards 393.104(e) 336 Number 393.110 337 Use 393.104(f) 336 Time Computation 386.8 237 Extenstion 386.5 236 Tires 325.93, 393.75 68, 329 Vehicles Containing Hazardous Materials 397.17 377 Trucks and Truck Tractors Access Requirements 399.207 389 Brakes (see also Brakes entry) Part 393 Subpart C 315 Defrosting and Defogging Systems 393.79 332 Driver Inspections 392.9(b) 298

426

INDEX

Trucks and Truck Tractors (continued) Emergency Equipment 393.95 334 Exhaust Systems 393.83 332 Frames 393.201 344 Horn 393.81 332 Lighting Devices and Reflectors 393.11 307 Rear-Vision Mirrors 393.80 332 Seat Belts 393.93(b) 334 Securing 393.128 342 Speedometer 393.82 332 Window Construction 393.61 322 Windshield Wiping and Washing Systems 393.78 331 Turn Signaling Systems 393.19 Specifications 393.25(c) 314

U Urine Collection (see also Testing, Urine Collection under Controlled Substances entry) Part 40 Subpart E 12- 15

V Vehicles, Securing 393.128-393.132 342- 343 Violations Aiding or Abetting 390.13 274 Notification of Convictions 383.31 184 Out of Service 383.51(e), 383.53(b), 391.15(d) 188, 280 Record 391.27 284

W Waivers 155 Determination and Order 397.219 383 Notice 397.215 382 Preemption Application 397.213 382 Preemption of State Rules 381.600 158 Processing 397.217 383 Stand-Down Waiver Provision 382.119 162 Vision and Diabetes Waiver Study Programs, Grandfathering for Drivers Participating in 391.64 295 Warning Devices (see also Emergency Signals entry) 392.22 300 Placement 392.22(b) 300 Stopped Vehicles 393.95(f) 335 Warning Signal Flashers 392.22(a) 300 Wheels 393.205 344 Brakes Required 393.42 316 Windscreen 325.27 64 Windshield Wiping and Washing Systems 393.78 331 Wiring Battery Installation 393.30 315 Systems 393.28 315

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