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Federal Motor Carrier Safety Regulations: General

Part 390

General Applicability

The Federal Motor Carrier Safety Regulations (FMCSRs) apply to all employers, employees and commercial motor vehicles transporting property or passengers interstate commerce.

Every employer shall be knowledgeable of and comply will all regulations contained in the FMCSRs which are applicable to that motor carrier's operations.

Every driver and employee shall be instructed regarding, and shall comply with, all applicable regulations contained in the FMCSRs.

All motor vehicle equipment and accessories required by the FMCSRs shall be maintained in compliance with all applicable performance and design criteria set forth in FMCSRs.

General Applicably: Exceptions

Unless specifically stated, the rules in the FMCSRs do not apply to:

  • School bus operations as defined in 49 CFR section 390.5;
  • Transportation provided by Federal, State, local governments or agency established under a compact between States that has been approved by the Congress of the United States;
  • Occasional transportation of personal property by individuals not for compensation nor for commercial purposes;
  • Transportation of human corpses or sick and injured people;
  • The operation of fire trucks and rescue vehicle which in emergency and related operations;
  • Transportation provided by commercial motor vehicles transporting between 9 and 15 passengers (including the driver), not for compensation, except for the requirements to file the Motor Carrier Identification Report (MCS-150), maintain an accident register, and mark the vehicle with the motor carrier identification number;
  • Either a driver of a commercial motor vehicle used primarily in the transportation of propane winter heating duel 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.