What does 49 CFR 386.30 (Enforcement proceedings under part 395) require?

Short answer

49 CFR 386.30 requires a motor carrier to be liable for any act or failure to act by an employee that violates any provision of part 395, and the burden is on the motor carrier to prove the employee was acting outside the scope of the motor carrier's operations. The motor carrier is also deemed to have knowledge of any document in its possession or available to it that it could use to ensure compliance with part 395.

The rule says

"A motor carrier is liable for any act or failure to act by an employee, as defined in 390.5 of this subchapter, that violates any provision of part 395 of this subchapter if the act or failure to act is within the course of the motor carrier's operations." (49 CFR 386.30(a))

"The burden is on a motor carrier to prove that the employee was acting outside the scope of the motor carrier's operations when committing an act or failing to act in a manner that violates any provision of part 395 of this subchapter." (49 CFR 386.30(b))

"A motor carrier shall be deemed to have knowledge of any document in its possession and any document that is available to the motor carrier and that the motor carrier could use in ensuring compliance with part 395 of this subchapter." (49 CFR 386.30(c))

In plain English

This rule means that motor carriers are responsible for ensuring their employees comply with hours of service regulations, and if an employee violates those regulations, the motor carrier can be held liable. The motor carrier has the burden of proving that the employee was not acting within the scope of their employment if they want to avoid liability. Additionally, motor carriers are assumed to have knowledge of any documents that could help them ensure compliance with hours of service regulations, so they can't claim ignorance as a defense.

What to do

• Review your company's policies and procedures to ensure they align with part 395 regulations.
• Provide training to employees on hours of service regulations and the importance of compliance.
• Regularly audit and monitor employee compliance with hours of service regulations.
• Ensure that all relevant documents, such as driver logs and time records, are accurate and readily available.