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Question 1: Is a vehicle’s cargo compartment considered sealed according to the terms of §392.9(b)(4) when it is secured with a padlock, to which the driver holds a key?
Guidance: No. The driver has ready access to the cargo compartment by using the padlock key and would be required to perform the examinations of the cargo and load-securing devices described in §392.9(b).
Question 2: Does the FMCSA have authority to enforce the safe loading requirements against a shipper that is not the motor carrier?
Guidance: No, unless HM as defined in §172.101 are involved. It is the responsibility of the motor carrier and the driver to ensure that any cargo aboard a vehicle is properly loaded and secured.
Question 3: How may the motor carrier determine safe loading when a shipper has loaded and sealed the trailer?
Guidance: Under these circumstances, a motor carrier may fulfill its responsibilities for proper loading a number of ways. Examples are:
a. Arrange for supervision of loading to determine compliance; or
b. Obtain notation on the connecting line freight bill that the lading was properly loaded; or
c. Obtain approval to break the seal to permit inspection.
Question 4: Is there a requirement that a driver must personally load, block, brace, and tie down the cargo on the property carrying CMV he/she drives?
Guidance: No. But the driver is required to be familiar with methods and procedures for securing cargo, and may have to adjust the cargo or load securing devices pursuant to §392.9(b).