Acute regulations

Acute regulations are those identified as such where non-compliance is so severe as to require immediate corrective actions by a motor carrier regardless of the overall safety posture of the motor carrier.

Scope

These regulations apply to all motor carriers, drivers, and commercial motor vehicles (CMVs) that transport property or passengers in interstate commerce.

Regulatory citations

49 CFR 385 Appendix B VII — List of Acute and Critical Regulations

Key definitions

Commercial motor vehicle (CMV): A self-propelled or towed motor vehicle used on a highway, in interstate commerce, that meets any one of the following criteria:
- 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 which requires placarding.

Summary of requirements

Non-compliance with acute regulations are quantitatively linked to inadequate safety management controls and usually higher than average accident rates. The following are considered acute regulations:

Regulatory citation	Description
382.115(a)	Failing to implement an alcohol and/or controlled substances testing program (domestic carrier).
382.115(b)	Failing to implement an alcohol and/or controlled substances testing program (foreign motor carrier).
382.201	Using a driver known to have an alcohol concentration of 0.04 or greater.
382.211	Using a driver who has refused to submit to an alcohol or controlled substances test required under Part 382.
382.213(c)	Using a driver known to have used a controlled substance.
382.215	Using a driver known to have tested positive for a controlled substance.
382.305(a)	Failing to implement a random controlled substances and/or an alcohol testing program.
382.309	Using a driver who has not undergone return-to-duty testing with a negative drug test result and/or an alcohol test with an alcohol concentration of less than 0.02 in accordance with 49 CFR 40.305.
382.505(a)	Using a driver within 24 hours after being found to have an alcohol concentration of 0.02 or greater but less than 0.04.
383.37(a)	Allowing, requiring, permitting, or authorizing a driver to operate a CMV who the employer knew or should reasonably have known does not have a current CLP or CDL, does not have a CLP or CDL with the proper class or endorsements, or operates a CMV in violation of any restriction on the CLP or CDL.
383.37(b)	Allowing, requiring, permitting, or authorizing a driver to operate a CMV who the employer knew or should reasonably have known has a CLP or CDL disqualified by a state, has lost the right to operate a CMV in a state, or has been disqualified.
383.37(c)	Allowing, requiring, permitting, or authorizing a driver to operate a CMV who the employer knew or should reasonably have known has more than one CLP or CDL.
383.51(a)	Knowingly allowing, requiring, permitting, or authorizing a driver to drive who is disqualified to drive a commercial motor vehicle.
387.7(a)	Operating a motor vehicle without having in effect the required minimum levels of financial responsibility coverage.
387.31(a)	Operating a passenger carrying vehicle without having in effect the required minimum levels of financial responsibility.
390.35	Making, or causing to make fraudulent or intentionally false statements or records and/or reproducing fraudulent records.
391.11(b)(4)	Using a physically unqualified driver.
391.15(a)	Using a disqualified driver.
392.4(b)	Requiring or permitting a driver to drive while under the influence of, or in possession of, a narcotic drug,amphetamine, or any other substance capable of rendering the driver incapable of safely operating a motor vehicle.
392.5(b)(1)	Requiring or permitting a driver to drive a motor vehicle while under the influence of, or in possession of, an intoxicating beverage.
392.5(b)(2)	Requiring or permitting a driver who shows evidence of having consumed an intoxicating beverage within four hours to operate a motor vehicle.
395.8(e)(2) or (3)	Disabling, deactivating, disengaging, jamming, or otherwise blocking or degrading a signal transmission or reception; tampering with an automatic on-board recording device or ELD; or permitting or requiring another person to engage in such activity.
395.30(f)	Failing to retain ELD information.
396.9(c)(2)	Requiring or permitting the operation of a motor vehicle declared ‘‘out-of-service’’ before repairs were made.
396.11(a)(3)	Failing to correct Out-of-Service defects listed by driver in a driver vehicle inspection report before vehicle is operated again.
396.17(g)	Failing to promptly repair parts and accessories not meeting minimum periodic inspection standards.
397.5(a)	Failing to ensure a motor vehicle containing Division 1.1, 1.2, or 1.3 (explosive) material is attended at all times by its driver or a qualified representative.
172.313(a)	Accepting for transportation or transporting a package containing a poisonous-by-inhalation material that is not marked with the words “Inhalation Hazard.”
172.800(b)	Transporting HM without a security plan.
172.800(b)	Transporting HM without a security plan that conforms to Subpart I requirements.
172.800(b)	Failure to adhere to a required security plan.
173.24(b)(1)	Accepting for transportation or transporting a package that has an identifiable release of a hazardous material to the environment.
173.421	Accepting for transportation or transporting a Class 7 (radioactive) material described, marked, and packaged as a limited quantity when the radiation level on the surface of the package exceeds 0.005mSv/hour (0.5 mrem/hour).
173.431(a)	Accepting for transportation or transporting in a Type A packaging a greater quantity of Class 7 (radioactive) material than authorized.
173.431(b)	Accepting for transportation or transporting in a Type B packaging a greater quantity of Class 7 (radioactive) material than authorized.
173.441(a)	Accepting for transportation or transporting a package containing Class 7 (radioactive) material with external radiation exceeding allowable limits.
173.442(b)	Accepting for transportation or transporting a package containing Class 7 (radioactive) material when the temperature of the accessible external surface of the loaded package exceeds 50 °C (122 °F) in other than an exclusive use shipment, or 85 °C (185 °F) in an exclusive use shipment.
173.443(a)	Accepting for transportation or transporting a package containing Class 7 (radioactive) material with removable contamination on the external surfaces of the package in excess of permissible limits.
177.801	Accepting for transportation or transporting a forbidden material.
177.835(a)	Loading or unloading a Class 1 (explosive) material with the engine running.
177.835(c)	Accepting for transportation or transporting Division 1.1, 1.2, or 1.3 (explosive) materials in a motor vehicle or combination of vehicles that is not permitted.
177.835(j)	Transferring Division 1.1 or 1.2, (explosive) materials between containers or motor vehicles when not permitted.
177.841(e)	Transporting a package bearing a poison label in the same transport vehicle with material marked or known to be foodstuff, feed, or any edible material intended for consumption by humans or animals unless an exception in 177.841(e)(i) or (ii) is met.

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Acute regulations

Scope

Regulatory citations

Key definitions

Summary of requirements