The Federal Motor Carrier Safety Regulations (“FMCSRs”) are issued by the Federal Motor Carrier Safety Administration (“FMCSA”) and are published in the Federal Register and compiled in the U.S. Code of Federal Regulations (“CFR”).
To find the FMCSRs, one should go to the FMCSA’s website and access http://www.fmcsa.dot.gov/regulations. Click on “Search FMCSA Regulations – 49 CFR Parts 300-399.” These Regulations are organized as follows:
| Part | Subject |
| 303 | Civil Rights |
| 325 | Compliance with Interstate Motor Carrier Noise Emission Standards |
| 350 | Commercial Motor Carrier Safety Assistance Program |
| 355 | Compatibility of State Laws and Regulations Affecting Interstate Motor Carrier Operations |
| 356 | Motor Carrier Routing Regulations |
| 360 | Fees for Motor Carrier Registration and Insurance |
| 365 | Rules Governing Applications for Operating Authority |
| 366 | Designation of Process Agent |
| 367 | Standards for Registration with States |
| 368 | Application for a Certificate of Registration to Operate in Municipalities in the United States on the United States-Mexico International Border or Within the Commercial Zones of Such Municipalities |
| 369 | Reports of Motor Carriers |
| 370 | Principles and Practices for the Investigation and Voluntary Disposition of Loss and Damage Claims and Processing Salvage |
| 371 | Brokers of Property |
| 372 | Exemptions, Commercial Zones, and Terminal Areas |
| 373 | Receipts and Bills |
| 374 | Passenger Carrier Regulations |
| 375 | Transportation of Household Goods in Interstate Commerce; Consumer Protection Regulations |
| 376 | Lease and Interchange of Vehicles |
| 377 | Payment of Transportation Charges |
| 378 | Procedures Governing the Processing, Investigation, and Disposition, Overcharge, Duplicate Payment, or Overcollection Claims |
| 379 | Preservation of Records |
| 380 | Special Training Requirements |
| 381 | Waivers, Exemptions, and Pilot Programs |
| 382 | Controlled Substances and Alcohol Use and Testing |
| 383 | Commercial Driver’s License Standards; Requirements and Penalties |
| 384 | State Compliance with Commercial Driver’s License Program |
| 385 | Safety Fitness Procedures |
| 386 | Rules of Practice for Motor Carrier, Intermodal Equipment Provider, Broker, Freight Forwarder, and Hazardous Materials Proceedings |
| 387 | Minimum Levels of Financial Responsibility for Motor Carriers |
| 388 | Cooperative Agreements with States |
| 389 | Rulemaking Procedures |
| 390 | Federal Motor Carrier Safety Regulations; General |
| 391 | Qualifications of Drivers and Longer Combination Vehicle (LCV) Driver Instructors |
| 392 | Driving of Commercial Motor Vehicles |
| 393 | Parts and Accessories Necessary for Safe Operation |
| 395 | Hours of Service of Drivers |
| 396 | Inspection, Repair, and Maintenance |
| 397 | Transportation of Hazardous Materials; Driving and Parking Rules |
| 398 | Transportation of Migrant Workers |
| 399 | Employee Safety and Health Standards |
Within each Part of Chapter 49 of the Code of Federal Regulation contains the specific regulations referenced in that topic description. For example, 49 CFR Part 392 contains the rules concerning the driving of commercial motor vehicles, and is organized as follows:
| Part | Subject |
| 392.1 | Scope of the rules in this part. |
| 392.2 | Applicable operating rules. |
| 392.3 | Ill or fatigues operator. |
| 392.4 | Drugs and other substances. |
| 392.5 | Alcohol prohibition. |
| 392.6 | Schedules to conform with speed limits. |
| 392.7 | Equipment, inspection and use. |
| 392.8 | Emergency equipment, inspection and use. |
| 392.9 | Inspection of cargo, cargo securement devices and systems. |
| 392a | Operating authority. |
| 392b | Prohibited transportation. |
| 392.1 | Railroad grade crossings; stopping required. |
| 392.11 | Railroad grade crossings; slowing down required. |
| 392.12 | Highway-rail crossings; safe clearance. |
| 392.14 | Hazardous conditions; extreme caution. |
| 392.16 | Use of seat belts. |
| 392.22 | Emergency signals; stopped commercial motor vehicles. |
| 392.24 | Emergency signals; flame-producing. |
| 392.25 | Flame producing devices. |
| 392.33 | Obscured lamps or reflective devices/materials. |
| 392.5 | Ignition of fuel; prevention. |
| 392.51 | Reserve fuel; materials of trade. |
| 392.6 | Unauthorized persons not to be transported. |
| 392.62 | Safe operation, buses. |
| 392.63 | Towing or pushing loaded buses. |
| 392.64 | Riding within closed commercial vehicles without proper exits |
| 392.66 | Carbon monoxide; use of commercial motor vehicle when detected |
| 392.67 | Heater, flame-producing; on commercial motor vehicle in motion. |
| 392.71 | Radar detectors; use and/or possession. |
| 392.8 | Prohibition against texting. |
| 392.82 | Using a hand-held mobile telephone. |
While the Code of Federal Regulations is the official location of these rules, the FMCSA website is a convenient option available to access these rules quickly.
Written by:
Mikal C. Watts
Watts Guerra LLP
4 Dominion Drive, Bldg 3, Suite 100
San Antonio, Texas 78257
Phone (210) 447-0500
Email mcwatts@guerrallp.com
* This information is provided to supply relevant information concerning a truck wreck lawsuit, and should not be received as legal advice. Legal advice is only given to persons or entities with whom Watts Guerra LLP has established an attorney-client relationship. If you have another lawyer in a trucking lawsuit, you should consult with your own attorney, and rely upon his or her advice, rather than the information contained herein.
© Watts Guerra LLP 2015
