What does 49 CFR 395.2 (Definitions) require?
Generated guidance. Confirm the source and its applicability before you act. How we check sources.
Short answer
49 CFR 395.2 requires definitions for terms used in this part, including adverse driving conditions, signal employee, sleeper berth, supporting document, transportation of construction material and equipment, twenty-four-hour period, and utility service vehicle.
The rule says
"Adverse driving conditions means snow, ice, sleet, fog, or other adverse weather conditions or unusual road or traffic conditions that were not known, or could not reasonably be known, to a driver immediately prior to beginning the duty day or immediately before beginning driving after a qualifying rest break or sleeper berth period, or to a motor carrier immediately prior to dispatching the driver." (49 CFR 395.2)
"Sleeper berth means a berth conforming to the requirements of 393.76 of this chapter." (49 CFR 395.2)
"Supporting document means a document, in any medium, generated or received by a motor carrier in the normal course of business as described in 395.11 that can be used, as produced or with additional identifying information, by the motor carrier and enforcement officials to verify the accuracy of a driver's record of duty status." (49 CFR 395.2)
In plain English
These definitions are crucial for motor carriers and drivers to understand and comply with the Hours of Service regulations. Adverse driving conditions, for example, can affect a driver's ability to complete a run within the maximum driving time or duty time, and may allow for an extension of up to two hours. The definition of a sleeper berth is also important, as it must conform to specific requirements. Supporting documents are essential for verifying the accuracy of a driver's record of duty status.
What to do
- Review the definitions in 49 CFR 395.2 to ensure understanding of key terms.
- Ensure that drivers and motor carriers are aware of the definitions and their implications for Hours of Service compliance.
- Verify that sleeper berths conform to the requirements of 393.76.
- Maintain accurate and complete supporting documents to verify the accuracy of drivers' records of duty status.
Ask X3