1、385 Federal Motor Carrier Safety Administration, DOT 392.2 motor carrier of passengers (business) as of July 1, 1994, so long as the driver continues to be a single-employer driv-er of that motor carrier. 63 FR 33278, June 18, 1998 391.71 Reserved PART 392DRIVING OF COMMERCIAL MOTOR VEHICLES Subpart
2、 AGeneral Sec. 392.1 Scope of the rules in this part. 392.2 Applicable operating rules. 392.3 Ill or fatigued operator. 392.4 Drugs and other substances. 392.5 Alcohol prohibition. 392.6 Schedules to conform with speed lim-its. 392.7 Equipment, inspection and use. 392.8 Emergency equipment, inspecti
3、on, and use. 392.9 Inspection of cargo, cargo securement devices and systems. 392.9a Operating authority. Subpart BDriving of Commercial Motor Vehicles 392.10 Railroad grade crossings; stopping re-quired. 392.11 Railroad grade crossings; slowing down required. 392.12392.13 Reserved 392.14 Hazardous
4、conditions; extreme cau-tion. 392.15 Reserved 392.16 Use of seat belts. 392.18 Reserved Subpart CStopped Commercial Motor Vehicles 392.20392.21 Reserved 392.22 Emergency signals; stopped commer-cial motor vehicles. 392.24 Emergency signals; flame-producing. 392.25 Flame producing devices. Subpart DU
5、se of Lighted Lamps and Reflectors 392.30392.32 Reserved 392.33 Obscured lamps or reflective devices/ material. Subpart ELicense Revocation; Duties of Driver 392.40392.41 Reserved Subpart FFueling Precautions 392.50 Ignition of fuel; prevention. 392.51 Reserve fuel; materials of trade. 392.52 Reserv
6、ed Subpart GProhibited Practices 392.60 Unauthorized persons not to be trans-ported. 392.61 Reserved 392.62 Safe operation, buses. 392.63 Towing or pushing loaded buses. 392.64 Riding within closed commercial motor vehicles without proper exits. 392.65 Reserved 392.66 Carbon monoxide; use of commerc
7、ial motor vehicle when detected. 392.67 Heater, flame-producing; on commer-cial motor vehicle in motion. 392.68392.69 Reserved 392.71 Radar detectors; use and/or posses-sion. Subpart HLimiting the Use of Electronic Devices 392.80 Prohibition against texting. AUTHORITY: 49 U.S.C. 13902, 31136, 31151,
8、 31502; and 49 CFR 1.73. SOURCE: 33 FR 19732, Dec. 25, 1968, unless otherwise noted. EDITORIAL NOTE: Nomenclature changes to part 392 appear at 66 FR 49874, Oct. 1, 2001. Subpart AGeneral 392.1 Scope of the rules in this part. Every motor carrier, its officers, agents, representatives, and employees
9、 responsible for the management, main-tenance, operation, or driving of com-mercial motor vehicles, or the hiring, supervising, training, assigning, or dis-patching of drivers, shall be instructed in and comply with the rules in this part. 53 FR 18057, May 19, 1988, as amended at 60 FR 38746, July 2
10、8, 1995 392.2 Applicable operating rules. Every commercial motor vehicle must be operated in accordance with the laws, ordinances, and regulations of the jurisdiction in which it is being operated. However, if a regulation of the Federal Motor Carrier Safety Ad-ministration imposes a higher standard
11、 of care than that law, ordinance or reg-ulation, the Federal Motor Carrier Safety Administration regulation must be complied with. 35 FR 7800, May 21, 1970, as amended at 60 FR 38746, July 28, 1995 VerDate Mar2010 08:20 Dec 16, 2010 Jkt 220216 PO 00000 Frm 00395 Fmt 8010 Sfmt 8010 Y:SGML220216.XXX
12、220216jdjones on DSK8KYBLC1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-386 49 CFR Ch. III (10110 Edition) 392.3 392.3 Ill or fatigued operator. No driver shall operate a commercial motor vehicle, and a motor carrier shall not require
13、 or permit a driver to operate a commercial motor vehicle, while the drivers ability or alertness is so impaired, or so likely to become im-paired, through fatigue, illness, or any other cause, as to make it unsafe for him/her to begin or continue to operate the commercial motor vehicle. How-ever, i
14、n a case of grave emergency where the hazard to occupants of the commercial motor vehicle or other users of the highway would be in-creased by compliance with this sec-tion, the driver may continue to oper-ate the commercial motor vehicle to the nearest place at which that hazard is removed. 35 FR 7
15、800, May 21, 1970, as amended at 60 FR 38746, July 28, 1995 392.4 Drugs and other substances. (a) No driver shall be on duty and possess, be under the influence of, or use, any of the following drugs or other substances: (1) Any 21 CFR 1308.11 Schedule I sub-stance; (2) An amphetamine or any formula
16、-tion thereof (including, but not lim-ited, to pep pills, and bennies); (3) A narcotic drug or any derivative thereof; or (4) Any other substance, to a degree which renders the driver incapable of safely operating a motor vehicle. (b) No motor carrier shall require or permit a driver to violate para
17、graph (a) of this section. (c) Paragraphs (a) (2), (3), and (4) do not apply to the possession or use of a substance administered to a driver by or under the instructions of a licensed medical practitioner, as defined in 382.107 of this subchapter, who has ad-vised the driver that the substance will
18、 not affect the drivers ability to safely operate a motor vehicle. (d) As used in this section, posses-sion does not include possession of a substance which is manifested and transported as part of a shipment. 61 FR 9567, Mar. 8, 1996, as amended at 62 FR 37153, July 11, 1997 392.5 Alcohol prohibiti
19、on. (a) No driver shall (1) Use alcohol, as defined in 382.107 of this subchapter, or be under the in-fluence of alcohol, within 4 hours be-fore going on duty or operating, or hav-ing physical control of, a commercial motor vehicle; or (2) Use alcohol, be under the influ-ence of alcohol, or have any
20、 measured alcohol concentration or detected pres-ence of alcohol, while on duty, or oper-ating, or in physical control of a com-mercial motor vehicle; or (3) Be on duty or operate a commer-cial motor vehicle while the driver pos-sesses wine of not less than one-half of one per centum of alcohol by v
21、olume, beer as defined in 26 U.S.C. 5052(a), of the Internal Revenue Code of 1954, and distilled spirits as defined in section 5002(a)(8), of such Code. However, this does not apply to possession of wine, beer, or distilled spirits which are: (i) Manifested and transported as part of a shipment; or
22、(ii) Possessed or used by bus pas-sengers. (b) No motor carrier shall require or permit a driver to (1) Violate any provision of para-graph (a) of this section; or (2) Be on duty or operate a commer-cial motor vehicle if, by the drivers general appearance or conduct or by other substantiating eviden
23、ce, the driver appears to have used alcohol within the preceding four hours. (c) Any driver who is found to be in violation of the provisons of paragraph (a) or (b) of this section shall be placed out-of-service immediately for a period of 24 hours. (1) The 24-hour out-of-service period will commenc
24、e upon issuance of an out-of-service order. (2) No driver shall violate the terms of an out-of-service order issued under this section. (d) Any driver who is issued an out- of-service order under this section shall: (1) Report such issuance to his/her employer within 24 hours; and (2) Report such is
25、suance to a State official, designated by the State which issued his/her drivers license, within 30 days unless the driver chooses to re-quest a review of the order. In this VerDate Mar2010 08:20 Dec 16, 2010 Jkt 220216 PO 00000 Frm 00396 Fmt 8010 Sfmt 8010 Y:SGML220216.XXX 220216jdjones on DSK8KYBL
26、C1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-387 Federal Motor Carrier Safety Administration, DOT 392.9 case, the driver shall report the order to the State official within 30 days of an affirmation of the order by either the Divisi
27、on Administrator or State Director for the geographical area or the Administrator. (e) Any driver who is subject to an out-of-service order under this section may petition for review of that order by submitting a petition for review in writing within 10 days of the issuance of the order to the Divis
28、ion Adminis-trator or State Director for the geo-graphical area in which the order was issued. The Division Administrator or State Director may affirm or reverse the order. Any driver adversely af-fected by such order of the Regional Director of Motor Carriers may peti-tion the Administrator for rev
29、iew in accordance with 49 CFR 386.13. (49 U.S.C. 304, 1655; 49 CFR 1.48(b) and 301.60) 47 FR 47837, Oct. 28, 1982, as amended at 52 FR 27201, July 20, 1987; 59 FR 7515, Feb. 15, 1994; 61 FR 9567, Mar. 8, 1996 392.6 Schedules to conform with speed limits. No motor carrier shall schedule a run nor per
30、mit nor require the operation of any commercial motor vehicle between points in such period of time as would necessitate the commercial motor ve-hicle being operated at speeds greater than those prescribed by the jurisdic-tions in or through which the commer-cial motor vehicle is being operated. 33
31、FR 19732, Dec. 25, 1968, as amended at 60 FR 38746, July 28, 1995 392.7 Equipment, inspection and use. (a) No commercial motor vehicle shall be driven unless the driver is sat-isfied that the following parts and ac-cessories are in good working order, nor shall any driver fail to use or make use of
32、such parts and accessories when and as needed: Service brakes, including trailer brake con-nections. Parking (hand) brake. Steering mechanism. Lighting devices and reflectors. Tires. Horn. Windshield wiper or wipers. Rear-vision mirror or mirrors. Coupling devices. (b) Drivers preparing to transport
33、 intermodal equipment must make an inspection of the following compo-nents, and must be satisfied they are in good working order before the equip-ment is operated over the road. Drivers who operate the equipment over the road shall be deemed to have confirmed the following components were in good wo
34、rking order when the driver accept-ed the equipment: Service brake components that are readily visible to a driver performing as thorough a visual inspection as possible without physically going under the vehicle, and trailer brake connections Lighting devices, lamps, markers, and con-spicuity marki
35、ng material Wheels, rims, lugs, tires Air line connections, hoses, and couplers King pin upper coupling device Rails or support frames Tie down bolsters Locking pins, clevises, clamps, or hooks Sliders or sliding frame lock 33 FR 19732, Dec. 25, 1968, as amended at 60 FR 38746, July 28, 1995; 73 FR
36、76823, Dec. 17, 2008; 74 FR 68708, Dec. 29, 2009 392.8 Emergency equipment, inspec-tion and use. No commercial motor vehicle shall be driven unless the driver thereof is satisfied that the emergency equip-ment required by 393.95 of this sub-chapter is in place and ready for use; nor shall any driver
37、 fail to use or make use of such equipment when and as needed. 49 FR 38290, Sept. 28, 1984, as amended at 60 FR 38746, July 28, 1995 392.9 Inspection of cargo, cargo se-curement devices and systems. (a) General. A driver may not operate a commercial motor vehicle and a motor carrier may not require
38、or per-mit a driver to operate a commercial motor vehicle unless (1) The commercial motor vehicles cargo is properly distributed and ade-quately secured as specified in393.100 through 393.136 of this subchapter. (2) The commercial motor vehicles tailgate, tailboard, doors, tarpaulins, spare tire and
39、 other equipment used in its operation, and the means of fas-tening the commercial motor vehicles cargo, are secured; and VerDate Mar2010 08:20 Dec 16, 2010 Jkt 220216 PO 00000 Frm 00397 Fmt 8010 Sfmt 8010 Y:SGML220216.XXX 220216jdjones on DSK8KYBLC1PROD with CFRProvided by IHSNot for ResaleNo repro
40、duction or networking permitted without license from IHS-,-,-388 49 CFR Ch. III (10110 Edition) 392.9a (3) The commercial motor vehicles cargo or any other object does not ob-scure the drivers view ahead or to the right or left sides (except for drivers of self-steer dollies), interfere with the fre
41、e movement of his/her arms or legs, prevent his/her free and ready access to accessories required for emergencies, or prevent the free and ready exit of any person from the commercial motor vehicles cab or drivers compartment. (b) Drivers of trucks and truck tractors. Except as provided in paragraph
42、 (b)(4) of this section, the driver of a truck or truck tractor must (1) Assure himself/herself that the provisions of paragraph (a) of this sec-tion have been complied with before he/ she drives that commercial motor vehi-cle; (2) Inspect the cargo and the devices used to secure the cargo within th
43、e first 50 miles after beginning a trip and cause any adjustments to be made to the cargo or load securement devices as necessary, including adding more se-curement devices, to ensure that cargo cannot shift on or within, or fall from the commercial motor vehicle; and (3) Reexamine the commercial mo
44、tor vehicles cargo and its load securement devices during the course of transpor-tation and make any necessary adjust-ment to the cargo or load securement devices, including adding more secure-ment devices, to ensure that cargo can-not shift on or within, or fall from, the commercial motor vehicle.
45、Reexamina-tion and any necessary adjustments must be made whenever (i) The driver makes a change of his/ her duty status; or (ii) The commercial motor vehicle has been driven for 3 hours; or (iii) The commercial motor vehicle has been driven for 150 miles, which-ever occurs first. (4) The rules in t
46、his paragraph (b) do not apply to the driver of a sealed com-mercial motor vehicle who has been or-dered not to open it to inspect its cargo or to the driver of a commercial motor vehicle that has been loaded in a man-ner that makes inspection of its cargo impracticable. 67 FR 61224, Sept. 27, 2002,
47、 as amended at 72 FR 55703, Oct. 1, 2007 392.9a Operating authority. (a) Operating authority required. A motor vehicle providing transportation requiring operating authority must not be operated (1) Without the required operating authority or (2) Beyond the scope of the operating authority granted.
48、(b) Penalties. Every motor vehicle providing transportation requiring op-erating authority shall be ordered out of service if it is determined that the motor carrier responsible for the oper-ation of such a vehicle is operating in violation of paragraph (a) of this sec-tion. In addition, the motor c
49、arrier may be subject to penalties in accord-ance with 49 U.S.C. 14901. (c) Administrative Review. Upon issuance of the out-of-service order under paragraph (b) of this section, the driver shall comply immediately with such order. Opportunity for review shall be provided in accordance with 5 U.S.C. 554 not later than 10 days after issuance of such order. 71 FR 50867, A
