What does 49 CFR 382.107 (Definitions) require?

Short answer

49 CFR 382.107 defines terms used in this part, including "actual knowledge", "alcohol", "commerce", and "commercial motor vehicle". It provides specific definitions for these terms to ensure clarity and consistency in the application of the regulations.

The rule says

"Actual knowledge for the purpose of subpart B of this part, means actual knowledge by an employer that a driver has used alcohol or controlled substances based on the employer's direct observation of the employee, information provided by the driver's previous employer(s), a traffic citation for driving a CMV while under the influence of alcohol or controlled substances or an employee's admission of alcohol or controlled substance use, except as provided in 382.121." (49 CFR 382.107)

"Commerce means: (1) Any trade, traffic or transportation within the jurisdiction of the United States between a place in a State and a place outside of such State, including a place outside of the United States; or (2) Trade, traffic, and transportation in the United States which affects any trade, traffic, and transportation described in paragraph (1) of this definition." (49 CFR 382.107)

In plain English

The definitions in 49 CFR 382.107 are crucial for motor carriers and employers to understand their obligations and responsibilities under the Federal Motor Carrier Safety Regulations. For example, the definition of "actual knowledge helps employers determine when they have a duty to take action against a driver who has used alcohol or controlled substances. The definition of .commerce" is also important, as it determines which vehicles and drivers are subject to the regulations. In a real-world scenario, an inspector may review a motor carrier's policies and procedures to ensure they are in compliance with these definitions.

What to do

• Review the definitions in 49 CFR 382.107 to ensure understanding of key terms.
• Update company policies and procedures to reflect the definitions and requirements in this section.
• Provide training to employees on the definitions and their implications for company operations.
• Ensure that all drivers and employees understand the definitions and their roles in maintaining compliance with the regulations.