Driving of commercial motor vehicles

Scope

The regulations in Part 392 apply to motor carriers and drivers of commercial motor vehicles involved in interstate commerce.

Regulatory citations

• 49 CFR 392.10 — Railroad grade crossings; stopping required
• 49 CFR 392.11 — Railroad grade crossings; slowing down required
• 49 CFR 392.12 — Highway-rail crossings; safe clearance
• 49 CFR 392.14 — Hazardous conditions; extreme caution
• 49 CFR 392.16 — Use of seat belts
• 49 CFR 392.22 — Emergency signals; stopped commercial motor vehicles
• 49 CFR 392.3 — Ill or fatigued operator
• 49 CFR 392.4 — Drugs and other substances
• 49 CFR 392.5 — Alcohol prohibition
• 49 CFR 392.50 — Ignition of fuel; prevention
• 49 CFR 392.51 — Reserve fuel; materials of trade
• 49 CFR 392.6 — Schedules to conform with speed limits
• 49 CFR 392.60 — Unauthorized persons not to be transported
• 49 CFR 392.63 — Towing or pushing loaded buses
• 49 CFR 392.71 — Radar detectors; use and or possession
• 49 CFR 392.80 — Prohibition against texting
• 49 CFR 392.82 — Using a hand-held mobile telephone
• 49 CFR 392 — Driving of commercial motor vehicles

Key definitions

• Commercial motor vehicle: A self-propelled or towed vehicle used on a highway to transport property or passengers when the vehicle:
  • Has a gross vehicle weight rating (GVWR) or gross combination weight rating (GCWR), or gross vehicle weight (GVW) or gross combination weight (GCW), of 10,001 pounds or more, whichever is greater; or
  • Is designed or used to transport more than 8 passengers (including the driver) for compensation; or
  • Is designed or used to transport more than 15 passengers (including the driver), and not used to transport passengers for compensation; or
  • Is transporting hazardous materials of a type or quantity that requires placarding.
• Driver: Any person who operates any commercial motor vehicle.

Summary of requirements

The following is an overview of the many driver-focused requirements of Part 392.

• Sections 392.3, 392.4, and 392.5 list specific circumstances under which a driver is prohibited from operating a vehicle, and the carrier is prohibited from requiring or permitting a driver to operate a vehicle. Drivers may not drive when:
  • Their ability or alertness is impaired or likely to be impaired due to fatigue, illness, or other causes; or
  • In possession, under the influence of, or using a narcotic, amphetamine, or other dangerous substance; or
  • Consuming or under the influence of an intoxicating beverage within four hours before going on duty, or in possession of or consuming an intoxicating beverage, or having any measured alcohol concentration or any presence of alcohol while on duty.
• Section 392.6 contains an important prohibition that is aimed at the carrier. It prohibits carriers from scheduling trips in a timeframe that would cause drivers to violate the speed limits.
• Other regulations in Part 392 require the driver to be satisfied that the vehicle is in safe operating condition and that the required emergency equipment is on board. The driver must also make sure that the vehicle is safely loaded.
• Part 392 contains several specific operating requirements, including:
  • When stopping at railroad crossings is required (392.10),
  • When slowing down at railroad crossings is required (392.11),
  • When a railroad crossing may not be completed due to insufficient space (392.12),
  • Using caution when driving in hazardous conditions (392.14), and
  • Wearing seat belts (392.16).
• Section 392.22 prescribes the placement of emergency warning devices for different types of roadways when a vehicle must be stopped on the roadway for any reason.
• Sections 392.50 and 392.51 discuss basic fuel precautions.

Other miscellaneous requirements include:

• The driver must not transport any other person without written authorization from the carrier (392.60)
• No bus is to be towed or pushed, nor used to tow or push another vehicle, while passengers are on board (392.63).
• Drivers are prohibited from operating the vehicle if it is equipped with a radar detector (392.71).
• Drivers are prohibited from texting or using hand-held phones while driving (392.80 and 392.82).