Federal Motor Carrier Safety Regulations

Scope

The Federal Motor Carrier Safety Regulations apply to drivers and companies operating commercial motor vehicles.

Regulatory citations

• 49 CFR 390.5 — Definitions
• 49 CFR Parts 350 through 399

Key definitions

• Commercial motor vehicle (CMV): 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.
• For-hire motor carrier: A person engaged in the transportation of goods or passengers for compensation.
• Interstate commerce: Trade, traffic, or transportation in the United States—
  • (1) Between a place in a state and a place outside of such state (including a place outside of the United States);
  • (2) Between two places in a state through another state or a place outside of the United States; or
  • (3) Between two places in a state as part of trade, traffic, or transportation originating or terminating outside the state or the United States.
• Motor carrier: A for-hire motor carrier or a private motor carrier. The term includes a motor carrier’s agents, officers, and representatives as well as employees responsible for hiring, supervising, training, assigning, or dispatching of drivers and employees concerned with the installation, inspection, and maintenance of motor vehicle equipment and/or accessories.
• Motor vehicle: Any vehicle, machine, tractor, trailer, or semitrailer propelled or drawn by mechanical power and used upon the highways in the transportation of passengers or property, or any combination thereof determined by the Federal Motor Carrier Safety Administration (FMCSA), but does not include any vehicle, locomotive, or car operated exclusively on a rail or rails, or a trolley bus operated by electric power derived from a fixed overhead wire, furnishing local passenger transportation similar to street-railway service.
• Private motor carrier: A person who provides transportation of property or passengers, by CMV, and is not a for-hire motor carrier.

Summary of requirements

CMVs are highly regulated by the U.S. Department of Transportation. Rules found in the FMCSRs include those regulating drivers’ work hours, vehicle inspections and maintenance, driver training and licensing, vehicle lease agreements, insurance, vehicle marking, and a variety of other topics. The rules are enforced by the FMCSA and its state partners.

The FMCSRs are found in the Code of Federal Regulations (CFR) under Title 49, which contains all regulations of the U.S. Department of Transportation. Within Title 49, the FMCSRs are found in Subtitle 3, Chapter III, Subchapter B, consisting of Parts 350 through 399.

Other parts typically associated with motor carriers include Part 40, related to drug/alcohol testing, and Part 325, the noise emission standards.

Parts 356 through 379 are regulations from the former Interstate Commerce Commission (ICC), now administered by the FMCSA and commonly referred to as “economic” or “commercial” regulations.

Though the FMCSRs only apply to interstate commerce (relating to cargo or passengers that cross state lines), many states adopt all or a portion of the FMCSRs and apply them to vehicles operating strictly within state boundaries.

Applicability

The following table summarizes the “applicability” of the FMCSRs; that is, to whom each part applies: