General Knowledge: Safe Operations Regulations

25 questions in the bank cover this topic. Everything below is drawn from the sources those questions cite.

Sources: 49 CFR 391.11, 49 CFR 391.41, 49 CFR 392.10, 49 CFR 392.11, 49 CFR 392.16, 49 CFR 392.2, 49 CFR 392.3, 49 CFR 392.4, 49 CFR 392.5, 49 CFR 392.60, 49 CFR 392.71, 49 CFR 392.80, 49 CFR 395.3, 49 CFR 395.5

What you need to know

Under 392.2 you must obey the laws of the jurisdiction you are in, but where an FMCSA regulation imposes a higher standard of care, the FMCSA regulation controls.

Employer instruction and driver preference are irrelevant to which rule applies.

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 Administration imposes a higher standard of care than that law, ordinance or regulation, the Federal Motor Carrier Safety Administration regulation must be complied with.

49 CFR 392.2

392.3 prohibits operating while ability or alertness is impaired by fatigue, illness or any other cause.

The single exception is a grave emergency where stopping would increase the hazard, and then only to the nearest place where that hazard is removed. Carrier authorisation cannot override it. The only exception is a grave emergency, and then only to the nearest place the hazard is removed.

No driver shall operate a commercial motor vehicle

while the driver's ability or alertness is so impaired, or so likely to become impaired, 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.

However, in a case of grave emergency where the hazard to occupants of the commercial motor vehicle or other users of the highway would be increased by compliance with this section, the driver may continue to operate the commercial motor vehicle to the nearest place at which that hazard is removed.

49 CFR 392.3

392.5(a)(1) sets the window at 4 hours before going on duty or operating or having physical control of a CMV.

Note this is separate from the prohibition on any measured alcohol concentration while on duty.

Use alcohol, as defined in § 382.107 of this subchapter, or be under the influence of alcohol, within 4 hours before going on duty or operating, or having physical control of, a commercial motor vehicle

49 CFR 392.5

392.5(c) requires immediate placement out of service for 24 hours, commencing upon issuance of the order.

License suspension and programme requirements come from other rules; 392.5 itself imposes the 24-hour out-of-service period.

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.

49 CFR 392.5

392.5(d)(1) requires the driver to report the issuance to the employer within 24 hours.

The 30-day period applies separately to reporting it to a State official.

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 issuance to a State official, designated by the State which issued his/her driver's license, within 30 days unless the driver chooses to request a review of the order.

49 CFR 392.5

392.4(c) exempts substances administered by or under the instructions of a licensed medical practitioner who has advised the driver the substance will not affect safe operation.

Carrying the prescription or notifying the carrier is not what the regulation turns on. They must have advised you it will not affect your ability to operate safely.

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

who has advised the driver that the substance will not affect the driver's ability to safely operate a motor vehicle.

49 CFR 392.4

392.71(a) prohibits both using a radar detector and operating a CMV that is equipped with or contains one.

Mere presence in the vehicle is a violation, so disconnecting it is not a defense. Whether it is in use or not.

No driver shall use a radar detector in a commercial motor vehicle, or operate a commercial motor vehicle that is equipped with or contains any radar detector.

49 CFR 392.71

392.80(c) defines driving to include being temporarily stationary because of traffic, a traffic control device or other momentary delays.

Only moving to the side of or off the highway and halting where the vehicle can safely remain stationary ends driving for this purpose. Being temporarily stationary for a control device does not end the driving period.

No driver shall engage in texting while driving

driving means operating a commercial motor vehicle, with the motor running, including while temporarily stationary because of traffic, a traffic control device, or other momentary delays.

49 CFR 392.80

392.80(d) allows texting only where necessary to communicate with law enforcement officials or other emergency services.

Work-related content, voice-to-text and stopped traffic are not exceptions.

Emergency exception. Texting while driving is permissible by drivers of a commercial motor vehicle when necessary to communicate with law enforcement officials or other emergency services.

49 CFR 392.80

392.16(a) covers the driver and 392.16(b) extends the requirement to all other occupants of a property-carrying CMV whose seats have belt assemblies installed.

Age and seating row are not factors.

that has a seat belt assembly installed at the driver's seat unless the driver is properly restrained by the seat belt assembly

that has seat belt assemblies installed at the seats for other occupants of the vehicle unless all other occupants are properly restrained by such seat belt assemblies

49 CFR 392.16

392.60(a) lists three cases needing no written authorisation: persons assigned to the vehicle by the carrier, persons being aided in an accident or emergency, and an attendant delegated to care for livestock.

Family members and waivers are not exceptions.

Unless specifically authorized in writing to do so by the motor carrier

no driver shall transport any person or permit any person to be transported on any commercial motor vehicle other than a bus

No written authorization, however, shall be necessary for the transportation of: (1) Employees or other persons assigned to a commercial motor vehicle by a motor carrier; (2) Any person transported when aid is being rendered in case of an accident or other emergency; (3) An attendant delegated to care for livestock.

49 CFR 392.60

395.3(a)(1) requires 10 consecutive hours off duty before driving.

The 11 hours is the driving limit and 34 hours is the restart provision, not the shift requirement.

A driver may not drive without first taking 10 consecutive hours off duty.

49 CFR 395.3

395.3(a)(2) bars driving after 14 consecutive hours from coming on duty, which is 20:00 here, and 395.3(a)(3)(i) caps driving at 11 hours within that window.

Both limits apply together.

A driver may not drive after a period of 14 consecutive hours after coming on-duty following 10 consecutive hours off-duty

A driver may drive a total of 11 hours during the period specified in paragraph (a)(2) of this section.

49 CFR 395.3

395.3(a)(3)(ii) prohibits driving once more than 8 hours of driving time have passed without a consecutive 30-minute interruption.

The interruption can be off duty, sleeper berth, on-duty not driving, or a combination.

Driving is not permitted if more than 8 hours of driving time have passed without at least a consecutive 30-minute interruption in driving status.

49 CFR 395.3

395.3(b)(2) applies the 70-hour, 8-day limit where the carrier operates every day of the week.

The 60-hour, 7-day limit in 395.3(b)(1) applies where it does not.

Having been on duty 60 hours in any period of 7 consecutive days if the employing motor carrier does not operate commercial motor vehicles every day of the week; or

70 hours in any period of 8 consecutive days if the employing motor carrier operates commercial motor vehicles every day of the week.

49 CFR 395.3

395.3(c)(1) and (c)(2) both specify an off-duty period of 34 or more consecutive hours to end the 7-day or 8-day period.

Any period of 7 consecutive days may end with the beginning of an off-duty period of 34 or more consecutive hours.

49 CFR 395.3

395.5(a) sets 10 hours driving and 15 hours on duty following 8 consecutive hours off duty for passenger-carrying vehicles.

The 11 and 14 hour figures belong to property-carrying vehicles under 395.3.

No motor carrier shall permit or require any driver used by it to drive a passenger-carrying commercial motor vehicle

(1) More than 10 hours following 8 consecutive hours off duty; or (2) For any period after having been on duty 15 hours following 8 consecutive hours off duty.

49 CFR 395.5

392.10(a) requires stopping within 50 feet of the tracks and not closer than 15 feet, then listening and looking in each direction and ascertaining no train is approaching.

The rule gives a window, not just a minimum.

Stops the commercial motor vehicle within 50 feet of, and not closer than 15 feet to, the tracks; thereafter listens and looks in each direction along the tracks for an approaching train; and ascertains that no train is approaching.

49 CFR 392.10

392.10(b) lists five situations where no stop is needed, including a flagman's direction, a green traffic signal, and an "Exempt" sign.

Good visibility is not among them; the duty to stop remains.

A stop need not be made at: (1) A streetcar crossing, or railroad tracks used exclusively for industrial switching purposes, within a business district

(2) A railroad grade crossing when a police officer or crossing flagman directs traffic to proceed. (3) A railroad grade crossing controlled by a functioning highway traffic signal transmitting a green indication

(4) An abandoned railroad grade crossing which is marked with a sign indicating that the rail line is abandoned. (5) An industrial or spur line railroad grade crossing marked with a sign reading “Exempt.”

49 CFR 392.10

392.11 requires vehicles outside the 392.10 categories to approach at a speed permitting a stop before the nearest rail, and not to cross until due caution establishes the course is clear.

A mandatory stop is not required. You must also use due caution that the course is clear.

Every commercial motor vehicle other than those listed in § 392.10 shall, upon approaching a railroad grade crossing, be driven at a rate of speed which will permit said commercial motor vehicle to be stopped before reaching the nearest rail of such crossing and shall not be driven upon or over such crossing until due caution has been taken to ascertain that the course is clear.

49 CFR 392.11

392.10(a)(1) lists every bus transporting passengers.

The other listed categories concern chlorine, placarded loads, cargo tanks used for hazmat whether loaded or empty, cargo tanks above flashpoint, and cargo tanks under exemption. Vehicle weight, trailers and brake type are not triggers.

shall not cross a railroad track or tracks at grade unless he/she first

Every bus transporting passengers

49 CFR 392.10

391.11(b)(2) sets four functional abilities: converse with the general public, understand highway traffic signs and signals in English, respond to official inquiries, and make entries on reports and records.

It is a functional standard, not a test of fluency. The standard is practical competence in each of those four situations, not formal grammar. It is practical competence in each situation rather than formal grammar.

Can read and speak the English language sufficiently to converse with the general public, to understand highway traffic signs and signals in the English language, to respond to official inquiries, and to make entries on reports and records

49 CFR 391.11

391.41(b)(10)(i) requires 20/40 distant acuity in each eye and binocularly, with or without correction, a field of vision of at least 70 degrees in the horizontal meridian in each eye, and the ability to recognize standard red, green and amber traffic signal colors.

The colors that must be recognized are red, green and amber.

Has distant visual acuity of at least 20/40 (Snellen) in each eye without corrective lenses or visual acuity separately corrected to 20/40 (Snellen) or better with corrective lenses, distant binocular acuity of at least 20/40 (Snellen) in both eyes with or without corrective lenses, field of vision of at least 70° in the horizontal meridian in each eye, and the ability to recognize the colors of traffic signals and devices showing standard red, green, and amber

49 CFR 391.41

391.41(b)(11) gives two alternative tests: a forced whispered voice perceived in the better ear at not less than 5 feet, or an average hearing loss in the better ear no greater than 40 dB at 500, 1,000 and 2,000 Hz.

A hearing aid may be used for either. Both tests are taken in the better ear, and a hearing aid may be used.

First perceives a forced whispered voice in the better ear at not less than 5 feet with or without the use of a hearing aid or, if tested by use of an audiometric device, does not have an average hearing loss in the better ear greater than 40 decibels at 500 Hz, 1,000 Hz, and 2,000 Hz

49 CFR 391.41

391.41(b)(1) bars loss of a foot, leg, hand or arm unless the driver has been granted a skill performance evaluation certificate under 391.49.

The certificate is the mechanism that permits qualification. Granted under 391.49.

Has no loss of a foot, a leg, a hand, or an arm, or has been granted a skill performance evaluation certificate pursuant to § 391.49

49 CFR 391.41

Check yourself

• Which must you follow when a state speed limit and an FMCSA rule differ?

• What is required when illness impairs your alertness?

• How long before you go on duty does the rule prohibit the use of alcohol?

• Violating the alcohol prohibition results immediately in ______.

• Within what period must you report an alcohol out-of-service order to your employer?

• When may you drive a CMV while using a prescribed medication?

• What is prohibited under the radar detector rule?

• May you send a text message while stopped at a red light?

• When is texting while you drive permitted?

• In your property-carrying CMV with seat belts fitted at passenger seats, who must be restrained?

• In a non-bus CMV, the passenger you may carry without written authorisation is:

• Before driving a property-carrying CMV, how many consecutive hours off duty must you first have?

• What two limits apply after coming on duty at 06:00?

• After how much driving time must you take a 30-minute interruption of driving status?

• What is your on-duty limit if your carrier operates every day of the week?

• How many consecutive off-duty hours may end your 7 or 8 day period?

• What are the driving and on-duty limits for your passenger-carrying CMV?

• Where must a vehicle required to stop at a railroad crossing come to a stop?

• What is it that does NOT remove the duty to stop at a railroad crossing?

• What is required at a railroad grade crossing of a CMV in no listed category?

• What vehicles must always stop at a railroad grade crossing?

• What English language standard must a CMV driver meet?

• What four vision requirements apply to a CMV driver?

• What hearing standard does the rule set?

• You have lost a hand. Can they be physically qualified to drive a CMV?

Answers are in the practice test for this topic.