1、33 Federal Motor Carrier Safety Administration, DOT 355.21 350.345 How does a State apply for additional variances from the FMCSRs? Any State may apply to the Adminis-trator for a variance from the FMCSRs for intrastate commerce. The variance will be granted only if the State satis-factorily demonst
2、rates that the State law, regulation or enforcement prac-tice: (a) Achieves substantially the same purpose as the similar Federal regula-tion. (b) Does not apply to interstate com-merce. (c) Is not likely to have an adverse impact on safety. PART 355COMPATIBILITY OF STATE LAWS AND REGULATIONS AFFECT
3、ING INTERSTATE MOTOR CARRIER OPERATIONS Subpart AGeneral Applicability and Definitions Sec. 355.1 Purpose. 355.3 Applicability. 355.5 Definitions. Subpart BRequirements 355.21 Regulatory review. 355.23 Submission of results. 355.25 Adopting and enforcing compatible laws and regulations. APPENDIX A T
4、O PART 355GUIDELINES FOR THE REGULATORY REVIEW AUTHORITY: 49 U.S.C. 504 and 31101 et seq.; 49 CFR 1.73. SOURCE: 57 FR 40962, Sept. 8, 1992, unless otherwise noted. EDITORIAL NOTE: Nomenclature changes to part 355 appear at 66 FR 49870, Oct. 1, 2001. Subpart AGeneral Applicability and Definitions 355
5、.1 Purpose. (a) To promote adoption and enforce-ment of State laws and regulations per-taining to commercial motor vehicle safety that are compatible with appro-priate parts of the Federal Motor Car-rier Safety Regulations. (b) To provide guidelines for a con-tinuous regulatory review of State laws
6、and regulations. (c) To establish deadlines for States to achieve compatibility with appro-priate parts of the Federal Motor Car-rier Safety Regulations with respect to interstate commerce. 355.3 Applicability. These provisions apply to any State that adopts or enforces laws or regula-tions pertaini
7、ng to commercial motor vehicle safety in interstate commerce. 355.5 Definitions. Unless specifically defined in this section, terms used in this part are subject to the definitions in 49 CFR 390.5. Compatible or Compatibility means that State laws and regulations appli-cable to interstate commerce a
8、nd to intrastate movement of hazardous ma-terials are identical to the FMCSRs and the HMRs or have the same effect as the FMCSRs; and that State laws applicable to intrastate commerce are either identical to, or have the same effect as, the FMCSRs or fall within the established limited variances und
9、er 350.341, 350.343, and 350.345 of this sub-chapter. Federal Hazardous Materials Regula-tions (FMHRs) means those safety regu-lations which are contained in parts 107, 171173, 177, 178 and 180, except part 107 and 171.15 and 171.16. Federal Motor Carrier Safety Regula-tions (FMCSRs) means those saf
10、ety reg-ulations which are contained in parts 390, 391, 392, 393, 395, 396, and 397 of this subchapter. State means a State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mar-iana Islands, American Samoa, Guam and the Virgin Islands.
11、 57 FR 40962, Sept. 8, 1992, as amended at 65 FR 15109, Mar. 21, 2000 Subpart BRequirements 355.21 Regulatory review. (a) General. Each State shall annu-ally analyze its laws and regulations, including those of its political subdivi-sions, which pertain to commercial motor vehicle safety to determin
12、e whether its laws and regulations are VerDate Mar2010 08:20 Dec 16, 2010 Jkt 220216 PO 00000 Frm 00043 Fmt 8010 Sfmt 8010 Y:SGML220216.XXX 220216jdjones on DSK8KYBLC1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-34 49 CFR Ch. III (101
13、10 Edition) 355.23 compatible with the Federal Motor Carrier Safety Regulations. Guidelines for the regulatory review are provided in the appendix to this part. (b) Responsibility. The State agency designated as lead agency for the ad-ministration of grants made pursuant to part 350 of this subchapt
14、er is respon-sible for reviewing and analyzing State laws and regulations for compliance with this part. In the absence of an of-ficially designated Motor Carrier Safe-ty Assistance Program (MCSAP) lead agency or in its discretion, the State shall designate another agency respon-sible to review and
15、determine compli-ance with these regulations. (c) State review. (1) The State shall determine which of its laws and regula-tions pertaining to commercial motor vehicle safety are the same as the Fed-eral Motor Carrier Safety or Federal Hazardous Materials Regulations. With respect to any State law o
16、r regulation which is not the same as the FMCSRs (FHMRs must be identical), the State shall identify such law or regulation and determine whether: (i) It has the same effect as a cor-responding section of the Federal Motor Carrier Safety Regulations; (ii) It applies to interstate com-merce; (iii) It
17、 is more stringent than the FMCSRs in that it is more restrictive or places a greater burden on any enti-ty subject to its provisions. (2) If the inconsistent State law or regulation applies to interstate com-merce and is more stringent than the FMCSRs, the State shall determine: (i) The safety bene
18、fits associated with such State law or regulation; and (ii) The effect of the enforcement of such State law or regulation on inter-state commerce. (3) If the inconsistent State law or regulation does not apply to interstate commerce or is less stringent than the FMCSRs, the guidelines for participa-
19、tion in the Motor Carrier Safety As-sistance Program in 350.341, 350.343, and 350.345 of this subchapter shall apply. 57 FR 40962, Sept. 8, 1992, as amended at 65 FR 15109, Mar. 21, 2000 355.23 Submission of results. Each State shall submit the results of its regulatory review annually with its cert
20、ification of compliance under 350.209 of this subchapter. It shall sub-mit the results of the regulatory re-view with the certification no later than August 1 of each year with the Commercial Vehicle Safety Plan (CVSP). The State shall include copies of pertinent laws and regulations. 65 FR 15109, M
21、ar. 21, 2000 355.25 Adopting and enforcing com-patible laws and regulations. (a) General. No State shall have in ef-fect or enforce any State law or regula-tion pertaining to commercial motor vehicle safety in interstate commerce which the Administrator finds to be in-compatible with the provisions
22、of the Federal Motor Carrier Safety Regula-tions. (b) New state requirements. No State shall implement any changes to a law or regulation which makes that or any other law or regulation incompatible with a provision of the Federal Motor Carrier Safety Regulations. (c) Enforcement. To enforce compli-
23、ance with this section, the Adminis-trator will initiate a rulemaking pro-ceeding under part 389 of this sub-chapter to declare the incompatible State law or regulation pertaining to commercial motor vehicle safety unen-forceable in interstate commerce. (d) Waiver of determination. Any per-son (incl
24、uding any State) may petition for a waiver of a determination made under paragraph (c) of this section. Such petition will also be considered in a rulemaking proceeding under part 389. Waivers shall be granted only upon a satisfactory showing that continued enforcement of the incompatible State law
25、or regulation is not contrary to the public interest and is consistent with the safe operation of commercial motor vehicles. (e) Consolidation of proceedings. The Administrator may consolidate any ac-tion to enforce this section with other proceedings required under this section if the Administrator
26、 determines that such consolidation will not adversely affect any party to any such pro-ceeding. VerDate Mar2010 08:20 Dec 16, 2010 Jkt 220216 PO 00000 Frm 00044 Fmt 8010 Sfmt 8010 Y:SGML220216.XXX 220216jdjones on DSK8KYBLC1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking per
27、mitted without license from IHS-,-,-35 Federal Motor Carrier Safety Administration, DOT Pt. 355, App. A APPENDIX A TO PART 355GUIDELINES FOR THE REGULATORY REVIEW Each State shall review its laws and regu-lations to achieve compatibility with the Federal Motor Carrier Safety Regulations (FMCSRs). Ea
28、ch State shall consider all re-lated requirements on enforcement of the States motor carrier safety regulations. The documentation shall be simple and brief. SCOPE The State review required by 355.21 may be limited to those laws and regulations pre-viously determined to be incompatible in the report
29、 of the Commercial Motor Vehicle Safety Regulatory Review Panel issued in August 1990, or by subsequent determination by the Administrator under this part, and any State laws or regulations enacted or issued after August 1990. APPLICABILITY The requirements must apply to all seg-ments of the motor c
30、arrier industry com-mon, contract, and private carriers of prop-erty and for-hire carriers of passengers. DEFINITIONS Definitions of terms must be consistent with those in the FMCSRs. DRIVER QUALIFICATIONS Require a driver to be properly licensed to drive a commercial motor vehicle; require a driver
31、 to be in good physical health, at least 21 years of age, able to operate a vehicle safely, and maintain a good driving record; prohibit drug and alcohol abuse; require a motor carrier to maintain a driver qualifica-tion file for each driver; and require a motor carrier to ensure that a driver is me
32、dically qualified. NOTE: The requirements for testing apply only to drivers of commercial motor vehicles as defined in 49 CFR part 383. DRIVING OF MOTOR VEHICLES Prohibit possession, use, or driving under the influence of alcohol or other controlled substances (while on duty); and establish 0.04 per
33、cent as the level of alcohol in the blood at which a driver is considered under the influ-ence of alcohol. PARTS AND ACCESSORIES NECESSARY FOR SAFE OPERATION Require operational lights and reflectors; require systematically arranged and in-stalled wiring; and require brakes working at the required p
34、erformance level, and other key components included in 49 CFR part 393. HOURS OF SERVICE OF DRIVERS Prohibit a motor carrier from allowing or requiring any driver to drive: More than 10 hours following 8 consecutive hours off duty; after being on duty 15 hours, after being on duty more than 60 hours
35、 in any 7 consecutive days; or after being on duty more than 70 hours in any 8 consecutive days. Require a driver to prepare a record-of- duty status for each 24-hour period. The driv-er and motor carrier must retain the records. INSPECTION AND MAINTENANCE Prohibit a commercial motor vehicle from be
36、ing operated when it is likely to cause an accident or a breakdown; require the driver to conduct a walk-around inspection of the vehicle before driving it to ensure that it can be safely operated; require the driver to pre-pare a driver vehicle inspection report; and require commercial motor vehicl
37、es to be in-spected at least annually. HAZARDOUS MATERIALS Require a motor carrier or a person oper-ating a commercial motor vehicle trans-porting hazardous materials to follow the safety and hazardous materials require-ments. STATE DETERMINATIONS 1. Each State must determine whether its requirement
38、s affecting interstate motor car-riers are less stringent than the Federal requirements. Less stringent requirements represent either gaps in the State require-ments in relation to the Federal require-ments as summarized under item number one in this appendix or State requirements which are less res
39、trictive than the Federal requirements. a. An example of a gap is when a State does not have the authority to regulate the safety of for-hire carriers of passengers or has the authority but chooses to exempt the carrier. b. An example of a less restrictive State re-quirement is when a State allows a
40、 person under 21 years of age to operate a commer-cial motor vehicle in interstate commerce. 2. Each State must determine whether its requirements affecting interstate motor car-riers are more stringent than the Federal requirements: More stringent require-ments are more restrictive or inclusive in
41、re-lation to the Federal requirements as sum-marized under item number one in this ap-pendix. For example, a requirement that a driver must have 2 days off after working 5 consecutive days. The State would dem-onstrate that its more stringent require-ments: a. Have a safety benefit; for example, re-
42、sult in fewer accidents or reduce the risk of accidents; VerDate Mar2010 08:20 Dec 16, 2010 Jkt 220216 PO 00000 Frm 00045 Fmt 8010 Sfmt 8002 Y:SGML220216.XXX 220216jdjones on DSK8KYBLC1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-36 4
43、9 CFR Ch. III (10110 Edition) Pt. 356 b. do not create an undue burden on inter-state commerce, e.g., do not delay, inter-fere with, or increase that cost or the admin-istrative burden for a motor carrier trans-porting property or passengers in interstate commerce; and c. Are otherwise compatible wi
44、th Federal safety requirements. 3. A State must adopt and enforce in a con-sistent manner the requirements referenced in the above guidelines in order for the FMCSA to accept the States determination that it has compatible safety requirements affecting interstate motor carrier oper-ations. Generally
45、, the States would have up to 3 years from the effective date of the new Federal requirement to adopt and enforce compatible requirements. The FMCSA would specify the deadline when promulgating fu-ture Federal safety requirements. The re-quirements are considered of equal impor-tance. 57 FR 40962, S
46、ept. 8, 1992, as amended by 58 FR 33776, June 21, 1993; 62 FR 37151, July 11, 1997; 65 FR 15110, Mar. 21, 2000 PART 356MOTOR CARRIER ROUTING REGULATIONS Sec. 356.1 Authority to serve a particular area construction. 356.3 Reserved 356.5 Traversal authority. 356.7 Tacking. 356.9 Elimination of routing
47、 restrictions regular route carriers. 356.11 Elimination of gatewaysregular and irregular route carriers. 356.13 Redesignated highways. AUTHORITY: 5 U.S.C. 553; 49 U.S.C. 13301 and 13902; and 49 CFR 1.73. SOURCE: 62 FR 32041, June 12, 1997, unless otherwise noted. EDITORIAL NOTE: Nomenclature change
48、s to part 356 appear at 66 FR 49870, Oct. 1, 2001. 356.1 Authority to serve a particular areaconstruction. (a) Service at municipality. A motor carrier of property, motor passenger carrier of express, and freight for-warder authorized to serve a munici-pality may serve all points within that municip
49、alitys commercial zone not be-yond the territorial limits, if any, fixed in such authority. (b) Service at unincorporated commu-nity. A motor carrier of property, motor passenger carrier of express, and freight forwarder, authorized to serve an unincorporated community having a post office of the same name, may serve all points in the United States not beyond the territorial limits, if any, fixed in such authority, as fol
