What does 49 CFR 390.5 (Definitions) require?

Short answer

49 CFR 390.5 requires specific definitions for terms used in the subchapter, including "accident", "commercial motor vehicle", "interstate commerce", and others. These definitions determine the applicability of various regulations to motor carriers, drivers, and vehicles. The section provides a comprehensive list of definitions that are essential for understanding the regulatory requirements.

The rule says

"Accident means (1) Except as provided in paragraph (2) of this definition, an occurrence involving a commercial motor vehicle operating on a highway in interstate or intrastate commerce which results in: (i) A fatality; (ii) Bodily injury to a person who, as a result of the injury, immediately receives medical treatment away from the scene of the accident; or (iii) One or more motor vehicles incurring disabling damage" (49 CFR 390.5)

"Use a hand-held mobile telephone means: (1) Using at least one hand to hold a mobile telephone to conduct a voice communication; (2) Dialing or answering a mobile telephone by pressing more than a single button, or (3) Reaching for a mobile telephone in a manner that requires a driver to maneuver so that he or she is no longer in a seated driving position, restrained by a seat belt that is installed in accordance with 49 CFR 393.93 and adjusted in accordance with the vehicle manufacturer's instructions" (49 CFR 390.5)

In plain English

The definitions in 49 CFR 390.5 are crucial for motor carriers, as they determine which regulations apply to their operations. For example, the definition of "accident is used to determine whether a motor carrier must report an incident to the FMCSA. Similarly, the definition of .use a hand-held mobile telephone" is used to enforce the ban on handheld phone use by commercial drivers.

What to do

• Review the definitions in 49 CFR 390.5 to ensure understanding of key terms
• Verify that company policies and procedures align with the regulatory definitions
• Provide training to drivers and staff on the definitions and their implications for company operations
• Regularly review and update company policies to ensure compliance with changing regulations and definitions