What does 49 CFR 382.103 (Applicability) require?

Short answer

49 CFR 382.103 applies to service agents and to every person and to all employers of such persons who operate a commercial motor vehicle in commerce in any State and are subject to the commercial driver's license requirements of part 383 of this subchapter, the Licencia Federal de Conductor (Mexico) requirements, or the commercial drivers license requirements of the Canadian National Safety Code.

The rule says

"This part applies to service agents and to every person and to all employers of such persons who operate a commercial motor vehicle in commerce in any State and are subject to: (1) The commercial driver's license requirements of part 383 of this subchapter; (2) The Licencia Federal de Conductor (Mexico) requirements; or (3) The commercial drivers license requirements of the Canadian National Safety Code." (49 CFR 382.103(a))

In plain English

This regulation applies broadly to anyone operating a commercial motor vehicle in commerce, including those subject to US, Mexican, or Canadian commercial driver's license requirements. It's crucial for employers to understand that they must comply with both the employer and driver requirements if they employ themselves as drivers. The rule also outlines exceptions for certain individuals, such as active duty military personnel, farmers operating farm vehicles, and firefighters.

What to do

• Review your operations to determine if you are subject to the requirements of 49 CFR 382.103.
• Ensure you have a random alcohol and controlled substances testing program in place if you employ yourself as a driver.
• Verify that you are complying with both the employer and driver requirements of this part.
• Check if any of the exceptions in 49 CFR 382.103(d) apply to your operations.