[Code of Federal Regulations]
[Title 49, Volume 4, Parts 200 to 399]
[Revised as of October 1, 1998]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR392]

[Page 808-816]
 
                        TITLE 49--TRANSPORTATION
 
                      DEPARTMENT OF TRANSPORTATION
 
PART 392--DRIVING OF COMMERCIAL MOTOR VEHICLES

                           Subpart A--General

Sec.
392.1  Scope of the rules in this part.
392.2  Applicable operating rules.
392.3  Ill or fatigued operator.
392.4  Drugs and other substances.
392.5  Alcohol prohibition.
392.6  Schedules to conform with speed limits.
392.7  Equipment, inspection and use.
392.8  Emergency equipment, inspection, and use.
392.9  Safe loading.
392.9a  [Reserved]

             Subpart B--Driving of Commercial Motor Vehicles

392.10  Railroad grade crossings; stopping required.
392.11  Railroad grade crossings; slowing down required.
392.12-392.13  [Reserved]
392.14  Hazardous conditions; extreme caution.
392.15  [Reserved]
392.16  Use of seat belts.
392.18  [Reserved]

              Subpart C--Stopped Commercial Motor Vehicles

392.20-392.21  [Reserved]
392.22  Emergency signals; stopped commercial motor vehicles.
392.24  Emergency signals; flame-producing.
392.25  Flame producing devices.

             Subpart D--Use of Lighted Lamps and Reflectors

392.30--392.32  [Reserved]
392.33  Obscured lamps or reflectors.

             Subpart E--License Revocation; Duties of Driver

392.40--392.41  [Reserved]

                     Subpart F--Fueling Precautions

392.50  Ignition of fuel; prevention.
392.51  Reserve fuel; materials of trade.
392.52  [Reserved]

                     Subpart G--Prohibited Practices

392.60  Unauthorized persons not to be transported.
392.61  [Reserved]
392.62  Safe operation, buses.
392.63  Towing or pushing loaded buses.
392.64  Riding within closed commercial motor vehicles without proper 
          exits.
392.65  [Reserved]
392.66  Carbon monoxide; use of commercial motor vehicle when detected.
392.67  Heater, flame-producing; on commercial motor vehicle in motion.
392.68-392.69  [Reserved]
392.71  Radar detectors; use and/or possession.

    Authority: 49 U.S.C. 31136, 31502; 49 U.S.C. 1.48.

    Source: 33 FR 19732, Dec. 25, 1968, unless otherwise noted.

[[Page 809]]

                           Subpart A--General

Sec. 392.1  Scope of the rules in this part.

    Every motor carrier, its officers, agents, representatives, and 
employees responsible for the management, maintenance, operation, or 
driving of commercial motor vehicles, or the hiring, supervising, 
training, assigning, or dispatching of drivers, shall be instructed in 
and comply with the rules in this part.

[53 FR 18057, May 19, 1988, as amended at 60 FR 38746, July 28, 1995]

Sec. 392.2  Applicable operating rules.

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

[35 FR 7800, May 21, 1970, as amended at 60 FR 38746, July 28, 1995]

Sec. 392.3  Ill or fatigued operator.

    No driver shall operate a commercial motor vehicle, and a motor 
carrier shall not require or permit a driver to operate a commercial 
motor vehicle, while the driver's ability or alertness is so impaired, 
or so likely to become impaired, through fatigue, illness, or any other 
cause, as to make it unsafe for him/her to begin or continue to operate 
the commercial motor vehicle. However, in a case of grave emergency 
where the hazard to occupants of the commercial motor vehicle or other 
users of the highway would be increased by compliance with this section, 
the driver may continue to operate the commercial motor vehicle to the 
nearest place at which that hazard is removed.

[35 FR 7800, May 21, 1970, as amended at 60 FR 38746, July 28, 1995]

Sec. 392.4  Drugs and other substances.

    (a) No driver shall be on duty and possess, be under the influence 
of, or use, any of the following drugs or other substances:
    (1) Any 21 CFR 1308.11 Schedule I substance;
    (2) An amphetamine or any formulation thereof (including, but not 
limited, to ``pep pills,'' and ``bennies'');
    (3) A narcotic drug or any derivative thereof; or
    (4) Any other substance, to a degree which renders the driver 
incapable of safely operating a motor vehicle.
    (b) No motor carrier shall require or permit a driver to violate 
paragraph (a) of this section.
    (c) Paragraphs (a) (2), (3), and (4) do not apply to the possession 
or use of a substance administered to a driver by or under the 
instructions of a licensed medical practitioner, as defined in 
Sec. 382.107 of this subchapter, who has advised the driver that the 
substance will not affect the driver's ability to safely operate a motor 
vehicle.
    (d) As used in this section, ``possession'' does not include 
possession of a substance which is manifested and transported as part of 
a shipment.

[61 FR 9567, Mar. 8, 1996, as amended at 62 FR 37153, July 11, 1997]

Sec. 392.5  Alcohol prohibition.

    (a) No driver shall--
    (1) Use alcohol, as defined in Sec. 382.107 of this subchapter, or 
be under the influence of alcohol, within 4 hours before going on duty 
or operating, or having physical control of, a commercial motor vehicle; 
or
    (2) Use alcohol, be under the influence of alcohol, or have any 
measured alcohol concentration or detected presence of alcohol, while on 
duty, or operating, or in physical control of a commercial motor 
vehicle; or
    (3) Be on duty or operate a commercial motor vehicle while the 
driver possesses wine of not less than one-half of one per centum of 
alcohol by volume, beer as defined in 26 U.S.C. 5052(a), of the Internal 
Revenue Code of 1954, and distilled spirits as defined in section 
5002(a)(8), of such Code. However, this does not apply to possession of 
wine, beer, or distilled spirits which are:
    (i) Manifested and transported as part of a shipment; or
    (ii) Possessed or used by bus passengers.
    (b) No motor carrier shall require or permit a driver to--

[[Page 810]]

    (1) Violate any provision of paragraph (a) of this section; or
    (2) Be on duty or operate a commercial motor vehicle if, by the 
driver's general appearance or conduct or by other substantiating 
evidence, the driver appears to have used alcohol within the preceding 
four hours.
    (c) Any driver who is found to be in violation of the provisons of 
paragraph (a) or (b) of this section shall be placed out-of-service 
immediately for a period of 24 hours.
    (1) The 24-hour out-of-service period will commence upon issuance of 
an out-of-service order.
    (2) No driver shall violate the terms of an out-of-service order 
issued under this section.
    (d) Any driver who is issued an out-of-service order under this 
section shall:
    (1) Report such issuance to his/her employer within 24 hours; and
    (2) Report such issuance to a State official, designated by the 
State which issued his/her driver's license, within 30 days unless the 
driver chooses to request a review of the order. In this case, the 
driver shall report the order to the State official within 30 days of an 
affirmation of the order by either the Regional Director of Motor 
Carriers for the Region or the Associate Administrator.
    (e) Any driver who is subject to an out-of-service order under this 
section may petition for review of that order by submitting a petition 
for review in writing within 10 days of the issuance of the order to the 
Regional Director of Motor Carriers for the Region in which the order 
was issued. The Regional Director of Motor Carriers may affirm or 
reverse the order. Any driver adversely affected by such order of the 
Regional Director of Motor Carriers may petition the Associate 
Administrator for review in accordance with 49 CFR 386.13.

(49 U.S.C. 304, 1655; 49 CFR 1.48(b) and 301.60)

[47 FR 47837, Oct. 28, 1982, as amended at 52 FR 27201, July 20, 1987; 
59 FR 7515, Feb. 15, 1994; 61 FR 9567, Mar. 8, 1996]

Sec. 392.6  Schedules to conform with speed limits.

    No motor carrier shall schedule a run nor permit nor require the 
operation of any commercial motor vehicle between points in such period 
of time as would necessitate the commercial motor vehicle being operated 
at speeds greater than those prescribed by the jurisdictions in or 
through which the commercial motor vehicle is being operated.

[33 FR 19732, Dec. 25, 1968, as amended at 60 FR 38746, July 28, 1995]

Sec. 392.7  Equipment, inspection and use.

    No commercial motor vehicle shall be driven unless the driver 
thereof shall have satisfied himself/herself that the following parts 
and accessories are in good working order, nor shall any driver fail to 
use or make use of such parts and accessories when and as needed:

Service brakes, including trailer brake connections.
Parking (hand) brake.
Steering mechanism.
Lighting devices and reflectors.
Tires.
Horn.
Windshield wiper or wipers.
Rear-vision mirror or mirrors.
Coupling devices.

[33 FR 19732, Dec. 25, 1968, as amended at 60 FR 38746, July 28, 1995]

Sec. 392.8  Emergency equipment, inspection and use.

    No commercial motor vehicle shall be driven unless the driver 
thereof is satisfied that the emergency equipment required by 
Sec. 393.95 of this subchapter is in place and ready for use; nor shall 
any driver fail to use or make use of such equipment when and as needed.

[49 FR 38290, Sept. 28, 1984, as amended at 60 FR 38746, July 28, 1995]

Sec. 392.9  Safe loading.

    (a) General. No person shall drive a commercial motor vehicle and a 
motor carrier shall not require or permit a person to drive a commercial 
motor vehicle unless--
    (1) The commercial motor vehicle's cargo is properly distributed and 
adequately secured as specified in Secs. 393.100-393.106 of this 
subchapter.
    (2) The commercial motor vehicle's tailgate, tailboard, doors, 
tarpaulins, its spare tire and other equipment used

[[Page 811]]

in its operation, and the means of fastening the commercial motor 
vehicle's cargo are secured; and
    (3) The commercial motor vehicle's cargo or any other object does 
not obscure the driver's view ahead or to the right or left sides, 
interfere with the free movement of his/her arms or legs, prevent his/
her free and ready access to accessories required for emergencies, or 
prevent the free and ready exit of any person from the commercial motor 
vehicle's cab or driver's compartment.
    (b) Drivers of trucks and truck tractors. Except as provided in 
paragraph (b)(4) of this section, the driver of a truck or truck tractor 
must--
    (1) Assure himself/herself that the provisions of paragraph (a) of 
this section have been complied with before he/she drives that 
commercial motor vehicle;
    (2) Examine the commercial motor vehicle's cargo and its load-
securing devices within the first 25 miles after beginning a trip and 
cause any adjustments to be made to the cargo or load-securing devices 
(other than steel strapping) as may be necessary to maintain the 
security of the commercial motor vehicle's load; and
    (3) Reexamine the commercial motor vehicle's cargo and its load-
securing devices periodically during the course of transportation and 
cause any adjustments to be made to the cargo or load-securing devices 
(other than steel strapping) as may be necessary to maintain the 
security of the commercial motor vehicle's load. A periodic 
reexamination and any necessary adjustments must be made--
    (i) When the driver makes a change of his/her duty status; or
    (ii) After the commercial motor vehicle has been driven for 3 hours; 
or
    (iii) After the commercial motor vehicle has been driven for 150 
miles, whichever occurs first.
    (4) The rules in this paragraph do not apply to the driver of a 
sealed commercial motor vehicle who has been ordered not to open it to 
inspect its cargo or to the driver of a commercial motor vehicle that 
has been loaded in a manner that makes inspection of its cargo 
impracticable.

[36 FR 18863, Sept. 23, 1971, as amended at 37 FR 12642, June 27, 1972; 
38 FR 23522, Aug. 31, 1973; 60 FR 38746, July 28, 1995; 63 FR 33278, 
June 18, 1998]

Sec. 392.9a  [Reserved]

             Subpart B--Driving of Commercial Motor Vehicles

Sec. 392.10  Railroad grade crossings; stopping required.

    (a) Except as provided in paragraph (b) of this section, the driver 
of a commercial motor vehicle specified in paragraphs (a) (1) through 
(6) of this section shall not cross a railroad track or tracks at grade 
unless he/she first: Stops the commercial motor vehicle within 50 feet 
of, and not closer than 15 feet to, the tracks; thereafter listens and 
looks in each direction along the tracks for an approaching train; and 
ascertains that no train is approaching. When it is safe to do so, the 
driver may drive the commercial motor vehicle across the tracks in a 
gear that permits the commercial motor vehicle to complete the crossing 
without a change of gears. The driver must not shift gears while 
crossing the tracks.
    (1) Every bus transporting passengers,
    (2) Every commercial motor vehicle transporting any quantity of a 
Division 2.3 chlorine.
    (3) Every commercial motor vehicle which, in accordance with the 
regulations of the Department of Transportation, is required to be 
marked or placarded with one of the following classifications:
    (i) Division 1.1
    (ii) Division 1.2, or Division 1.3
    (iii) Division 2.3 Poison gas
    (iv) Division 4.3
    (v) Class 7
    (vi) Class 3 Flammable
    (vii) Division 5.1
    (viii) Division 2.2
    (ix) Division 2.3 Chlorine
    (x) Division 6.1 Poison
    (xi) Division 2.2 Oxygen
    (xii) Division 2.1
    (xiii) Class 3 Combustible liquid
    (xiv) Division 4.1

[[Page 812]]

    (xv) Division 5.1
    (xvi) Division 5.2
    (xvii) Class 8
    (xviii) Division 1.4
    (4) Every cargo tank motor vehicle, whether loaded or empty, used 
for the transportation of any hazardous material as defined in the 
Hazardous Materials Regulations of the Department of Transportation, 
Parts 107 through 180 of this title.
    (5) Every cargo tank motor vehicle transporting a commodity which at 
the time of loading has a temperature above its flashpoint as determined 
by Sec. 173.120 of this title.
    (6) Every cargo tank motor vehicle, whether loaded or empty, 
transporting any commodity under exemption in accordance with the 
provisions of subpart B of part 107 of this title.
    (b) A stop need not be made at:
    (1) A streetcar crossing, or railroad tracks used exclusively for 
industrial switching purposes, within a business district, as defined in 
Sec. 390.5 of this chapter.
    (2) A railroad grade crossing when a police officer or crossing 
flagman directs traffic to proceed,
    (3) A railroad grade crossing controlled by a functioning highway 
traffic signal transmitting a green indication which, under local law, 
permits the commercial motor vehicle to proceed across the railroad 
tracks without slowing or stopping.
    (4) An abandoned railroad grade crossing which is marked with a sign 
indicating that the rail line is abandoned,
    (5) An industrial or spur line railroad grade crossing marked with a 
sign reading ``Exempt.'' Such ``Exempt'' signs shall be erected only by 
or with the consent of the appropriate State or local authority.

(Sec. 12, 80 Stat. 931; 49 U.S.C. 1651 note; 49 U.S.C. 304, 1655; 49 CFR 
1.48(b) and 301.60)

[33 FR 19732, Dec. 25, 1968, as amended at 35 FR 7801, May 21, 1970; 38 
FR 1589, Jan. 16, 1973; 40 FR 44555, Sept. 29, 1975; 45 FR 46424, July 
10, 1980; 47 FR 47837, Oct. 28, 1982; 59 FR 63924, Dec. 12, 1994; 60 FR 
38746, 38747, July 28, 1995]

Sec. 392.11  Railroad grade crossings; slowing down required.

    Every commercial motor vehicle other than those listed in 
Sec. 392.10 shall, upon approaching a railroad grade crossing, be driven 
at a rate of speed which will permit said commercial motor vehicle to be 
stopped before reaching the nearest rail of such crossing and shall not 
be driven upon or over such crossing until due caution has been taken to 
ascertain that the course is clear.

[33 FR 19732, Dec. 25, 1968, as amended at 60 FR 38747, July 28, 1995]

Sec. 392.12-392.13  [Reserved]

Sec. 392.14  Hazardous conditions; extreme caution.

    Extreme caution in the operation of a commercial motor vehicle shall 
be exercised when hazardous conditions, such as those caused by snow, 
ice, sleet, fog, mist, rain, dust, or smoke, adversely affect visibility 
or traction. Speed shall be reduced when such conditions exist. If 
conditions become sufficiently dangerous, the operation of the 
commercial motor vehicle shall be discontinued and shall not be resumed 
until the commercial motor vehicle can be safely operated. Whenever 
compliance with the foregoing provisions of this rule increases hazard 
to passengers, the commercial motor vehicle may be operated to the 
nearest point at which the safety of passengers is assured.

[33 FR 19732, Dec. 25, 1968, as amended at 60 FR 38747, July 28, 1995]

Sec. 392.15  [Reserved]

Sec. 392.16  Use of seat belts.

    A commercial motor vehicle which has a seat belt assembly installed 
at the driver's seat shall not be driven unless the driver has properly 
restrained himself/herself with the seat belt assembly.

[35 FR 10860, July 3, 1970, as amended at 60 FR 38747, July 28, 1995]

[[Page 813]]

Sec. 392.18  [Reserved]

              Subpart C--Stopped Commercial Motor Vehicles

Sec. 392.20-392.21  [Reserved]

Sec. 392.22  Emergency signals; stopped commercial motor vehicles.

    (a) Hazard warning signal flashers. Whenever a commercial motor 
vehicle is stopped upon the traveled portion of a highway or the 
shoulder of a highway for any cause other than necessary traffic stops, 
the driver of the stopped commercial motor vehicle shall immediately 
activate the vehicular hazard warning signal flashers and continue the 
flashing until the driver places the warning devices required by 
paragraph (b) of this section. The flashing signals shall be used during 
the time the warning devices are picked up for storage before movement 
of the commercial motor vehicle. The flashing lights may be used at 
other times while a commercial motor vehicle is stopped in addition to, 
but not in lieu of, the warning devices required by paragraph (b) of 
this section.
    (b) Placement of warning devices--(1) General rule. Except as 
provided in paragraph (b)(2) of this section, whenever a commercial 
motor vehicle is stopped upon the traveled portion or the shoulder of a 
highway for any cause other than necessary traffic stops, the driver 
shall, as soon as possible, but in any event within 10 minutes, place 
the warning devices required by Sec. 393.95 of this subchapter, in the 
following manner:
    (i) One on the traffic side of and 4 paces (approximately 3 meters 
or 10 feet) from the stopped commercial motor vehicle in the direction 
of approaching traffic;
    (ii) One at 40 paces (approximately 30 meters or 100 feet) from the 
stopped commercial motor vehicle in the center of the traffic lane or 
shoulder occupied by the commercial motor vehicle and in the direction 
of approaching traffic; and
    (iii) One at 40 paces (approximately 30 meters or 100 feet) from the 
stopped commercial motor vehicle in the center of the traffic lane or 
shoulder occupied by the commercial motor vehicle and in the direction 
away from approaching traffic.
    (2) Special rules--(i) Fusees and liquid-burning flares. The driver 
of a commercial motor vehicle equipped with only fusees or liquid-
burning flares shall place a lighted fusee or liquid-burning flare at 
each of the locations specified in paragraph (b)(1) of this section. 
There shall be at least one lighted fusee or liquid-burning flare at 
each of the prescribed locations, as long as the commercial motor 
vehicle is stopped. Before the stopped commercial motor vehicle is 
moved, the driver shall extinguish and remove each fusee or liquid-
burning flare.
    (ii) Daylight hours. Except as provided in paragraph (b)(2)(iii) of 
this section, during the period lighted lamps are not required, three 
bidirectional reflective triangles, or three lighted fusees or liquid-
burning flares shall be placed as specified in paragraph (b)(1) of this 
section within a time of 10 minutes. In the event the driver elects to 
use only fusees or liquid-burning flares in lieu of bidirectional 
reflective triangles or red flags, the driver must ensure that at least 
one fusee or liquid-burning flare remains lighted at each of the 
prescribed locations as long as the commercial motor vehicle is stopped 
or parked.
    (iii) Business or residential districts. The placement of warning 
devices is not required within the business or residential district of a 
municipality, except during the time lighted lamps are required and when 
street or highway lighting is insufficient to make a commercial motor 
vehicle clearly discernable at a distance of 500 feet to persons on the 
highway.
    (iv) Hills, curves, and obstructions. If a commercial motor vehicle 
is stopped within 500 feet of a curve, crest of a hill, or other 
obstruction to view, the driver shall place the warning signal required 
by paragraph (b)(1) of this section in the direction of the obstruction 
to view a distance of 100 feet to 500 feet from the stopped commercial 
motor vehicle so as to afford ample warning to other users of the 
highway.
    (v) Divided or one-way roads. If a commercial motor vehicle is 
stopped upon the traveled portion or the shoulder of

[[Page 814]]

a divided or one-way highway, the driver shall place the warning devices 
required by paragraph (b)(1) of this section, one warning device at a 
distance of 200 feet and one warning device at a distance of 100 feet in 
a direction toward approaching traffic in the center of the lane or 
shoulder occupied by the commercial motor vehicle. He/she shall place 
one warning device at the traffic side of the commercial motor vehicle 
within 10 feet of the rear of the commercial motor vehicle.
    (vi) Leaking, flammable material. If gasoline or any other flammable 
liquid, or combustible liquid or gas seeps or leaks from a fuel 
container or a commercial motor vehicle stopped upon a highway, no 
emergency warning signal producing a flame shall be lighted or placed 
except at such a distance from any such liquid or gas as will assure the 
prevention of a fire or explosion.

[37 FR 17175, Aug. 25, 1972, as amended at 40 FR 10685, Mar. 7, 1975; 47 
FR 47837, Oct. 28, 1982; 48 FR 57139, Dec. 23, 1983; 59 FR 34711, July 
6, 1994; 60 FR 38747, July 28, 1995; 63 FR 33279, June 18, 1998]

Sec. 392.24  Emergency signals; flame-producing.

    No driver shall attach or permit any person to attach a lighted 
fusee or other flame-producing emergency signal to any part of a 
commercial motor vehicle.

[33 FR 19732, Dec. 25, 1968, as amended at 60 FR 38747, July 28, 1995]

Sec. 392.25  Flame producing devices.

    No driver shall use or permit the use of any flame-producing 
emergency signal for protecting any commercial motor vehicle 
transporting Division 1.1, Division 1.2, or Division 1.3 explosives; any 
cargo tank motor vehicle used for the transportation of any Class 3 or 
Division 2.1, whether loaded or empty; or any commercial motor vehicle 
using compressed gas as a motor fuel. In lieu thereof, emergency 
reflective triangles, red electric lanterns, or red emergency reflectors 
shall be used, the placement of which shall be in the same manner as 
prescribed in Sec. 392.22(b).

[59 FR 63925, Dec. 12, 1994, as amended at 60 FR 38747, July 28, 1995]

             Subpart D--Use of Lighted Lamps and Reflectors

Sec. 392.30--392.32  [Reserved]

Sec. 392.33  Obscured lamps or reflectors.

    No commercial motor vehicle shall be driven when any of the required 
lamps or reflectors are obscured by the tailboard, by any part of the 
load, by dirt, or otherwise.

[33 FR 19732, Dec. 25, 1968, as amended at 60 FR 38747, July 28, 1995]

             Subpart E--License Revocation; Duties of Driver

Sec. 392.40--392.41  [Reserved]

                     Subpart F--Fueling Precautions

Sec. 392.50  Ignition of fuel; prevention.

    No driver or any employee of a motor carrier shall:
    (a) Fuel a commercial motor vehicle with the engine running, except 
when it is necessary to run the engine to fuel the commercial motor 
vehicle;
    (b) Smoke or expose any open flame in the vicinity of a commercial 
motor vehicle being fueled;
    (c) Fuel a commercial motor vehicle unless the nozzle of the fuel 
hose is continuously in contact with the intake pipe of the fuel tank;
    (d) Permit, insofar as practicable, any other person to engage in 
such activities as would be likely to result in fire or explosion.

[33 FR 19732, Dec. 25, 1968, as amended at 60 FR 38747, July 28, 1995]

Sec. 392.51  Reserve fuel; materials of trade.

    Small amounts of fuel for the operation or maintenance of a 
commercial motor vehicle (including its auxiliary equipment) may be 
designated as materials of trade (see 49 CFR 171.8).
    (a) The aggregate gross weight of all materials of trade on a motor 
vehicle may not exceed 200 kg (440 pounds).
    (b) Packaging for gasoline must be made of metal or plastic and 
conform to requirements of 49 CFR Parts 171, 172, 173, and 178 or 
requirements of the

[[Page 815]]

Occupational Safety and Health Administration contained in 29 CFR 
1910.106.
    (c) For Packing Group II (including gasoline), Packing Group III 
(including aviation fuel and fuel oil), or ORM-D, the material is 
limited to 30 kg (66 pounds) or 30 L (8 gallons).
    (d) For diesel fuel, the capacity of the package is limited to 450 L 
(119 gallons).
    (e) A Division 2.1 material in a cylinder is limited to a gross 
weight of 100 kg (220 pounds). (A Division 2.1 material is a flammable 
gas, including liquefied petroleum gas, butane, propane, liquefied 
natural gas, and methane).

[63 FR 33279, June 18, 1998]

Sec. 392.52  [Reserved]

                     Subpart G--Prohibited Practices

Sec. 392.60  Unauthorized persons not to be transported.

    (a) Unless specifically authorized in writing to do so by the motor 
carrier under whose authority the commercial motor vehicle is being 
operated, no driver shall transport any person or permit any person to 
be transported on any commercial motor vehicle other than a bus. When 
such authorization is issued, it shall state the name of the person to 
be transported, the points where the transportation is to begin and end, 
and the date upon which such authority expires. No written 
authorization, however, shall be necessary for the transportation of:
    (1) Employees or other persons assigned to a commercial motor 
vehicle by a motor carrier;
    (2) Any person transported when aid is being rendered in case of an 
accident or other emergency;
    (3) An attendant delegated to care for livestock.
    (b) This section shall not apply to the operation of commercial 
motor vehicles controlled and operated by any farmer and used in the 
transportation of agricultural commodities or products thereof from his/
her farm or in the transportation of supplies to his/her farm.

[60 FR 38747, July 28, 1995]

Sec. 392.61  [Reserved]

Sec. 392.62  Safe operation, buses.

    No person shall drive a bus and a motor carrier shall not require or 
permit a person to drive a bus unless--
    (a) All standees on the bus are rearward of the standee line or 
other means prescribed in Sec. 393.90 of this subchapter;
    (b) All aisle seats in the bus conform to the requirements of 
Sec. 393.91 of this subchapter; and
    (c) Baggage or freight on the bus is stowed and secured in a manner 
which assures--
    (1) Unrestricted freedom of movement to the driver and his proper 
operation of the bus;
    (2) Unobstructed access to all exits by any occupant of the bus; and
    (3) Protection of occupants of the bus against injury resulting from 
the falling or displacement of articles transported in the bus.

[63 FR 33278, June 18, 1998]

Sec. 392.63  Towing or pushing loaded buses.

    No disabled bus with passengers aboard shall be towed or pushed; nor 
shall any person use or permit to be used a bus with passengers aboard 
for the purpose of towing or pushing any disabled motor vehicle, except 
in such circumstances where the hazard to passengers would be increased 
by observance of the foregoing provisions of this section, and then only 
in traveling to the nearest point where the safety of the passengers is 
assured.

[33 FR 19732, Dec. 25, 1968, as amended at 60 FR 38747, July 28, 1995]

Sec. 392.64  Riding within closed commercial motor vehicles without 
          proper exits.

    No person shall ride within the closed body of any commercial motor 
vehicle unless there are means on the inside thereof of obtaining exit. 
Said means shall be in such condition as to permit ready operation by 
the occupant.

[33 FR 19732, Dec. 25, 1968, as amended at 60 FR 38747, July 28, 1995]

[[Page 816]]

Sec. 392.65  [Reserved]

Sec. 392.66  Carbon monoxide; use of commercial motor vehicle when 
          detected.

    (a) No person shall dispatch or drive any commercial motor vehicle 
or permit any passengers thereon, when the following conditions are 
known to exist, until such conditions have been remedied or repaired:
    (1) Where an occupant has been affected by carbon monoxide;
    (2) Where carbon monoxide has been detected in the interior of the 
commercial motor vehicle;
    (3) When a mechanical condition of the commercial motor vehicle is 
discovered which would be likely to produce a hazard to the occupants by 
reason of carbon monoxide.
    (b) [Reserved]

[60 FR 38747, July 28, 1995]

Sec. 392.67  Heater, flame-producing; on commercial motor vehicle in 
          motion.

    No open flame heater used in the loading or unloading of the 
commodity transported shall be in operation while the commercial motor 
vehicle is in motion.

[33 FR 19732, Dec. 25, 1968, as amended at 60 FR 38747, July 28, 1995]

Secs. 392.68-392.69  [Reserved]

Sec. 392.71  Radar detectors; use and/or possession.

    (a) No driver shall use a radar detector in a commercial motor 
vehicle, or operate a commercial motor vehicle that is equipped with or 
contains any radar detector.
    (b) No motor carrier shall require or permit a driver to violate 
paragraph (a) of this section.

[58 FR 67375, Dec. 21, 1993]