Expert Insights: If you don’t see it, it’s probably not there
In this industry, myths never die. In my 25 years spent helping drivers and motor carriers comply with the Federal Motor Carrier Safety Regulations (FMCSRs), I’ve heard them all:
- “A broken air conditioner is a violation.”
- “Lever binders aren’t allowed.”
- “I have to keep my drivers’ long medical forms.”
- “A sleeper berth can’t be used for less than 8 hours.”
Oftentimes, my response is, “Show me where it says that,” because if it’s not in the regulations, it’s not required. Sure, there are more places to find mandates than the FMCSRs alone; you may need to look in state or federal statutes, the FMCSA’s guidance, the CVSA’s out-of-service criteria, vehicle manufacturing standards, and so on. But more often than not, if the requirement isn’t found in the most obvious place, it doesn’t exist.
With that in mind, I’d like to dispel some of the common myths that have been rearing their ugly heads in my in-box lately:
1. Retreads are not allowed.
- Where this would be found if it existed:49 CFR 393.75, Tires.
- What the rule actually says: Retreads are not allowed on the steer axle of buses. Otherwise, there’s no rule saying retreaded tires aren’t allowed on other commercial vehicles, no matter the axle.
2. I can’t cross a state line or haul hazmat when I use the 150-air-mile exception.
- Where this would be found if it existed:49 CFR 395.1(e), Short-haul operations.
- What the rule actually says: The rule says nothing about not being able to cross state lines or haul hazardous materials while using the 150-air-mile exception. (Note, however, that hauling hazmat means the driver needs a CDL and is therefore limited to the more restrictive version of the 150-air-mile exception, found in 395.1(e)(1).)
3. Lever binders are prohibited.
- Where this would be found if it existed:49 CFR 393.104, What standards must cargo securement devices and systems meet…
- What the rule actually says: The rule says nothing about the types of binders that are allowed. They just have to be in proper working order with no damage that might affect performance.
4. I have to carry a copy of my last DVIR.
- Where this would be found if it existed:49 CFR 396.11, Driver vehicle inspection report(s).
- What the rule actually says: The rule says nothing about needing to carry the last post-trip inspection report. In this case, the rule actually did include that requirement long ago, but it was removed.
5. We need to keep copies of our drivers’ long Medical Examination Report forms.
- Where this would be found if it existed:49 CFR 391.43, Medical examination; Certificate of physical examination.
- What the rule actually says: “Each original (paper or electronic) completed Medical Examination Report and a copy or electronic version of each medical examiner’s certificate must be retained on file at the office of the medical examiner for at least 3 years from the date of examination.” There’s no mention that the form has to be provided to, or obtained by, the motor carrier.
6. My sleeper needs white sheets.
- Where this would be found if it existed:49 CFR 393.76, Sleeper berths.
- What the rule actually says: “A sleeper berth must be properly equipped for sleeping. Its equipment must include: (1) Adequate bedclothing and blankets;” and a mattress. There’s no mention of sheet color.
Remember: If it’s not in the regulations, it probably doesn’t exist! When in doubt, contact us through Expert Help and we can tell you if it exists and where to find it.
