Driver (CDL) - FMCSR Part 392

49 CFR Part 392, titled Driving of Commercial Vehicles, contains 8 subparts, divided alphabetically, A-G. It contains equipment inspection and use, inspection of cargo, cargo securement devices and systems, acceptable and unacceptable driving of CMVs, and precautions to be heeded in hazardous conditions.

A driver must always be wearing his or her seatbelt, and no driver is permitted to operate a motor vehicle if his or her ability is impaired by fatigue, illness, or any other cause that makes it unsafe to drive the vehicle.

No one may drive or require someone to drive a CMV unless the cargo is properly loaded and secured.

No CMV can be driven unless the following are in working order:

• Service brakes
• Parking (hand) brake
• Steering mechanism
• Lighting devices and reflectors
• Tires
• Horn
• Windshield wipers
• Rear-vision mirrors
• Coupling devices

§177.804 states that motor vehicles transporting hazardous materials must comply with the following provisions within Part 392, which includes that drivers:

• Are forbidden to cross railroad tracks without first stopping and looking both ways. Additionally, the driver must not shift gears while crossing the track.
• Must not text or use mobile devices while a vehicle is in transport, following provisions in accordance with §392.80 and §392.90.

Every commercial motor vehicle must be in accordance with laws and regulations of the jurisdiction it is being operated in. However, if the FMCSA imposes a higher standard than that law or regulation, the FMCSA regulation must be complied with.

The hours of service rules apply to all motor carriers and drivers that drive a CMV, and can be found in §395, with exceptions in paragraphs (b) through (o) of 395.1.

Hours of service for property-carrying drivers include:

• An 11 hour driving limit after 10 consecutive hours off duty.
• A 14 hour driving limit after coming on duty, following 10 consecutive hours off duty.
• Rest breaks only if eight (8) hours or less have passed since the end of the driver's last off-duty or sleeper berth period of at least 30 minutes.
• A 60-70 Hour Limit after 60-70 hours on duty within seven to eight (7-8) consecutive days. A driver is permitted to restart a seven to eight (7-8) consecutive-day period after taking 34 or more consecutive hours off duty.
• A sleeper birth provision may be utilized by drivers if they take at least eight (8) consecutive hours in the sleeper berth plus a separate two (2) consecutive hours either in the sleeper berth, off duty, or a combination of the two.

Hours of service for passenger-carrying drivers include:

• A 10 hour driving limit after eight (8) consecutive hours off duty.
• A 15 hour limit after having been on duty for 15 hours, following eight (8) consecutive hours off duty.
• A 60-70 hour limit after 60-70 hours on duty in seven to eight (7-8) consecutive days.
• A sleeper berth provision may be utilized if a driver takes at least eight (8) hours in the sleeper berth, and may split the sleeper-berth time into two periods as long as neither is less than two (2) hours.

On-duty time does not include any time resting in a parked vehicle. Driving more than three hours beyond the driving-time limit may be considered a violation and is subject to maximum civil penalties. This involves both property-carrying and passenger-carrying motor vehicles.

To learn more about CDL HAZMAT Transportation visit our DOT Driver (CDL) HAZMAT Transportation Online Training web page.