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  <FDSYS>
    <CFRTITLE>49</CFRTITLE>
    <CFRTITLETEXT>Transportation</CFRTITLETEXT>
    <VOL>5</VOL>
    <DATE>2007-10-01</DATE>
    <ORIGINALDATE>2007-10-01</ORIGINALDATE>
    <COVERONLY>false</COVERONLY>
    <TITLE>General applicability.</TITLE>
    <GRANULENUM>390.3</GRANULENUM>
    <HEADING>Section 390.3</HEADING>
    <ANCESTORS>
      <PARENT HEADING="Title 49" SEQ="5">Transportation</PARENT>
      <PARENT HEADING="Subtitle B" SEQ="4">Other Regulations Relating to Transportation (Continued)</PARENT>
      <PARENT HEADING="CHAPTER III" SEQ="3">FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION,DEPARTMENT OF TRANSPORTATION</PARENT>
      <PARENT HEADING="SUBCHAPTER B" SEQ="2">FEDERAL MOTOR CARRIER SAFETY REGULATIONS</PARENT>
      <PARENT HEADING="PART 390" SEQ="1">FEDERAL MOTOR CARRIER SAFETY REGULATIONS; GENERAL</PARENT>
      <PARENT HEADING="Subpart A" SEQ="0">General Applicability and Definitions</PARENT>
    </ANCESTORS>
  </FDSYS>
  <SECTION>
    <SECTNO>§ 390.3</SECTNO>
    <SUBJECT>General applicability.</SUBJECT>
    <P>(a) The rules in subchapter B of this chapter are applicable to all employers, employees, and commercial motor vehicles, which transport property or passengers in interstate commerce.</P>
    <P>(b) The rules in Part 383, Commercial Driver's License Standards; Requirements and Penalties, are applicable to every person who operates a commercial motor vehicle, as defined in § 383.5 of this subchapter, in interstate or intrastate commerce and to all employers of such persons.</P>
    <P>(c) The rules in Part 387, Minimum Levels of Financial Responsibility for Motor Carriers, are applicable to motor carriers as provided in § 387.3 or 387.27 of this subchapter.</P>
    <P>(d) <E T="03">Additional requirements.</E> Nothing in subchapter B of this chapter shall be construed to prohibit an employer from requring and enforcing more stringent requirements relating to safety of operation and employee safety and health.</P>
    <P>(e) Knowledge of and compliance with the regulations.</P>
    <P>(1) Every employer shall be knowledgeable of and comply with all regulations contained in this subchapter which are applicable to that motor carrier's operations.</P>
    <P>(2) Every driver and employee shall be instructed regarding, and shall comply with, all applicable regulations contained in this subchapter.</P>
    <P>(3) All motor vehicle equipment and accessories required by this subchapter shall be maintained in compliance with all applicable performance and design criteria set forth in this subchapter.</P>
    <P>(f) <E T="03">Exceptions.</E> Unless otherwise specifically provided, the rules in this subchapter do not apply to—</P>
    <P>(1) All school bus operations as defined in § 390.5;</P>
    <P>(2) Transportation performed by the Federal government, a State, or any political subdivision of a State, or an agency established under a compact between States that has been approved by the Congress of the United States;</P>
    <P>(3) The occasional transportation of personal property by individuals not for compensation nor in the furtherance of a commercial enterprise;</P>

    <P>(4) The transportation of human corpses or sick and injured persons;<PRTPAGE P="313"/>
    </P>
    <P>(5) The operation of fire trucks and rescue vehicles while involved in emergency and related operations;</P>
    <P>(6)(i) The operation of commercial motor vehicles designed or used to transport between 9 and 15 passengers (including the driver), not for direct compensation, provided the vehicle does not otherwise meet the definition of a commercial motor vehicle, except that motor carriers operating such vehicles are required to comply with §§ 390.15, 390.19, and 390.21(a) and (b)(2).</P>
    <P>(ii) The operation of commercial motor vehicles designed or used to transport between 9 and 15 passengers (including the driver) for direct compensation, provided the vehicle is not being operated beyond a 75 air-mile radius (86.3 statute miles or 138.9 kilometers) from the driver's normal work-reporting location, and provided the vehicle does not otherwise meet the definition of a commercial motor vehicle, except that motor carriers operating such vehicles are required to comply with §§ 390.15, 390.19, and 390.21(a) and (b)(2).</P>
    <P>(7) Either a driver of a commercial motor vehicle used primarily in the transportation of propane winter heating fuel or a driver of a motor vehicle used to respond to a pipeline emergency, if such regulations would prevent the driver from responding to an emergency condition requiring immediate response as defined in § 390.5.</P>
    <P>(g) <E T="03">Motor carriers that transport hazardous materials in intrastate commerce.</E> The rules in the following provisions of subchapter B of this chapter apply to motor carriers that transport hazardous materials in intrastate commerce and to the motor vehicles that transport hazardous materials in intrastate commerce:</P>
    <P>(1) Part 385, subparts A and E, for carriers subject to the requirements of § 385.403 of this chapter.</P>
    <P>(2) Part 386, Rules of practice for motor carrier, broker, freight forwarder, and hazardous materials proceedings, of this chapter.</P>
    <P>(3) Part 387, Minimum Levels of Financial Responsibility for Motor Carriers, to the extent provided in § 387.3 of this chapter.</P>
    <P>(4) Section 390.19, Motor carrier identification report, and § 390.21, Marking of CMVs, for carriers subject to the requirements of § 385.403 of this chapter. Intrastate motor carriers operating prior to January 1, 2005, are excepted from § 390.19(a)(1).</P>
    <CITA>[53 FR 18052, May 19, 1988, as amended at 54 FR 12202, Mar. 24, 1989; 58 FR 33776, June 21, 1993; 59 FR 8752, Feb. 23, 1994; 59 FR 67554, Dec. 29, 1994; 62 FR 1296, Jan. 9, 1997; 63 FR 33276, June 18, 1998; 64 FR 48516, Sept. 3, 1999; 66 FR 2766, Jan. 11, 2001; 68 FR 47875, Aug. 12, 2003; 69 FR 39372, June 30, 2004; 72 FR 36790, July 5, 2007]</CITA>
  </SECTION>
</CFRGRANULE>
