What does 49 CFR 390.3 (General applicability) require?

Short answer

49 CFR 390.3 requires that the rules in subchapter B of this chapter apply to all employers, employees, and commercial motor vehicles that transport property or passengers in interstate commerce. The rules in part 383, Commercial Driver's License Standards, apply to every person who operates a commercial motor vehicle in interstate or intrastate commerce.

The rule says

"The rules in subchapter B of this chapter are applicable to all employers, employees, and commercial motor vehicles that transport property or passengers in interstate commerce." (49 CFR 390.3(a))

"The rules in part 383 of this chapter, Commercial Driver's License Standards; Requirements and Penalties, are applicable to every person who operates a commercial motor vehicle, as defined in 383.5 of this subchapter, in interstate or intrastate commerce and to all employers of such" (49 CFR 390.3(b))

In plain English

This regulation sets the scope of applicability for the Federal Motor Carrier Safety Regulations (FMCSRs). It means that any employer, employee, or commercial motor vehicle involved in transporting property or passengers across state lines must comply with the safety regulations outlined in subchapter B of the FMCSRs. Additionally, anyone operating a commercial motor vehicle, as defined by the regulations, must comply with the commercial driver's license standards, regardless of whether they are operating in interstate or intrastate commerce.

What to do

• Ensure your company has a systematic compliance program in place to maintain accurate driver qualification files, conduct pre-employment and random drug and alcohol testing, and track hours of service.
• Verify that all commercial motor vehicles used in interstate commerce meet the safety standards and regulations outlined in the FMCSRs.
• Provide training to employees on the FMCSRs and ensure they understand their roles and responsibilities in maintaining compliance.
• Regularly review and update your company's compliance program to ensure it remains aligned with the latest regulations and guidelines.