What does 49 CFR 392.16 (Use of seat belts) require?
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Short answer
49 CFR 392.16 requires drivers to wear a seat belt and prohibits motor carriers from permitting or requiring drivers to operate a commercial motor vehicle without wearing a seat belt. It also requires passengers to wear seat belts in property-carrying commercial motor vehicles.
The rule says
"No driver shall operate a commercial motor vehicle, and a motor carrier shall not require or permit a driver to operate a commercial motor vehicle, that has a seat belt assembly installed at the driver's seat unless the driver is properly restrained by the seat belt assembly." (49 CFR 392.16(a))
"No driver shall operate a property-carrying commercial motor vehicle, and a motor carrier shall not require or permit a driver to operate a property-carrying commercial motor vehicle, that has seat belt assemblies installed at the seats for other occupants of the vehicle unless all other occupants are properly restrained by such seat belt assemblies." (49 CFR 392.16(b))
In plain English
This rule is straightforward: drivers and passengers must wear seat belts in commercial motor vehicles that have them installed. Motor carriers are responsible for ensuring their drivers comply with this rule. In practice, this means that during a roadside inspection or audit, an inspector will check that the driver and any passengers are wearing seat belts. If they're not, the motor carrier could face penalties.
What to do
- Ensure all drivers and passengers wear seat belts in commercial motor vehicles with installed seat belts.
- Verify that seat belts are properly installed and maintained in all commercial motor vehicles.
- Include seat belt use in driver training and orientation programs.
- Monitor and enforce seat belt use through regular inspections and checks.
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