What does 49 CFR 392.2 (Applicable operating rules) require?

Short answer

49 CFR 392.2 requires every commercial motor vehicle to be operated in accordance with the laws, ordinances, and regulations of the jurisdiction in which it is being operated, and if a Federal Motor Carrier Safety Administration regulation imposes a higher standard of care, the FMCSA regulation must be complied with.

The rule says

"Every commercial motor vehicle must be operated in accordance with the laws, ordinances, and regulations of the jurisdiction in which it is being operated." (49 CFR 392.2)

"However, if a regulation of the Federal Motor Carrier Safety Administration imposes a higher standard of care than that law, ordinance or regulation, the Federal Motor Carrier Safety Administration regulation must be complied with." (49 CFR 392.2)

In plain English

This rule means that commercial motor vehicles must follow all local, state, and federal regulations where they are operating. If there's a conflict between a local or state rule and a federal FMCSA rule, the stricter federal rule takes precedence. This ensures a consistent, high level of safety across different jurisdictions. In practice, this means drivers and motor carriers must be aware of and comply with the specific regulations of each area they operate in, as well as any applicable federal regulations that may be more stringent.

What to do

• Familiarize yourself with local, state, and federal regulations applicable to your commercial motor vehicle operations.
• Ensure your vehicles and operations comply with the most stringent regulations, whether they are local, state, or federal.
• Regularly review and update your knowledge of relevant regulations to maintain compliance and avoid potential penalties.