What does 49 CFR 391.2 (General exceptions) require?

Short answer

49 CFR 391.2 provides general exceptions to the rules in part 391, which governs the qualification of drivers. The exceptions apply to specific situations, including farm custom operations, apiarian industries, certain farm vehicle drivers, covered farm vehicles, and pipeline welding trucks.

The rule says

"The rules in this part, except for 391.15(e) and (f), do not apply to a driver who drives a commercial motor vehicle controlled and operated by a person engaged in custom-harvesting operations, if the commercial motor vehicle is used to (1) Transport farm machinery, supplies, or both, to or from a farm for custom-harvesting operations on a farm; or (2) Transport custom-harvested crops to storage or market." (49 CFR 391.2(a))

"The rules in this part, except for 391.15(e) and (f), do not apply to a driver who is operating a commercial motor vehicle controlled and operated by a beekeeper engaged in the seasonal transportation of bees." (49 CFR 391.2(b))

1. "The rules in this part, except for 391.15(e) and (f), do not apply to a farm vehicle driver except a farm vehicle driver who drives an articulated (combination) commercial motor vehicle, as defined in 390.5 of this chapter." (49 CFR 391.2(c))

2. The rules in part 391, Subpart E—Physical Qualifications and Examinations—do not apply to drivers of covered farm vehicles, as defined in 49 CFR 390.5 — 49 CFR 391.2(d).

"The rules in this part do not apply to drivers of pipeline welding trucks as defined in 49 CFR 390.38(b)." (49 CFR 391.2(e))

In plain English

These exceptions are crucial for certain industries, such as farming and beekeeping, where the rules would otherwise impose undue burdens. For example, a farmer transporting equipment or crops within the state may not need to comply with the same regulations as a long-haul trucker. Drivers and employers must still comply with specific requirements, such as those related to physical qualifications and examinations.

What to do

• Review the specific exceptions in 49 CFR 391.2 to determine if they apply to your operations.
• Ensure that drivers and employers understand the limited scope of these exceptions and comply with all applicable regulations.
• Consult with regulatory experts or legal counsel if unsure about the application of these exceptions to your specific situation.
• Maintain accurate records and documentation to demonstrate compliance with the regulations and exceptions.