Ask X3What does 49 CFR 390.7 (Rules of construction) require?
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Short answer
49 CFR 390.7 sets out rules of construction for the Federal Motor Carrier Safety Regulations, including definitions of words and phrases used in the regulations. The section provides guidance on how to interpret the regulations, including the use of singular and plural words, present and future tense, and imperative and permissive language.
The rule says
Words imparting the singular include the plural; Words imparting the plural include the singular; Words imparting the present tense include the future tense — 49 CFR 390.7(a).
Shall is used in an imperative sense; Must is used in an imperative sense; Should is used in a recommendatory sense; May is used in a permissive sense; and Includes is used as a word of inclusion, not limitation — 49 CFR 390.7(b).
In plain English
This section is essentially a guide to understanding the language used in the Federal Motor Carrier Safety Regulations. For example, if a regulation says "a motor carrier shall do something, it means that the motor carrier is required to do it. On the other hand, if a regulation says .a motor carrier may" do something, it means that the motor carrier is allowed to do it, but not required to.
What to do
- Review the regulations carefully to understand the language used
- Pay attention to the use of singular and plural words, present and future tense, and imperative and permissive language
- Use the guidance in 49 CFR 390.7 to clarify any ambiguities in the regulations
- Ensure that all employees understand the language used in the regulations to ensure compliance