What does 49 CFR 390.11 (Motor carrier to require observance of driver regulations) require?
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Short answer
49 CFR 390.11 requires motor carriers to ensure their drivers comply with all applicable regulations. If the motor carrier is also a driver, they must comply with the regulations themselves.
The rule says
"Whenever in part 325 of subchapter A or in this subchapter a duty is prescribed for a driver or a prohibition is imposed upon the driver, it shall be the duty of the motor carrier to require observance of such duty or prohibition." (49 CFR 390.11)
In plain English
This means that motor carriers have a responsibility to ensure their drivers are following all the rules of the road, including hours of service, vehicle maintenance, and cargo securement. Motor carriers must have systems in place to monitor and enforce compliance with these regulations, and they can be held liable if their drivers are not following the rules.
What to do
- Review your company's policies and procedures to ensure they align with 49 CFR 390.11
- Provide training to drivers on all applicable regulations
- Implement systems to monitor and enforce compliance with regulations
- Regularly review driver records and vehicle maintenance to ensure compliance
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