§ 390.3 General applicability.

(a) The rules in subchapter B of this chapter are applicable to all employers, employees, and commercial motor vehicles, whichthat transport property or passengers in interstate commerce.
(b) The rules in subpartpart C383 of this part are applicable to persons tendering loaded containers or trailerschapter, to carriers used to transport such loaded containers or trailers, and to persons who coerce or attempt to coerce a motor carrier to transport a loaded container or trailer in violation of that subpart.
(c) 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.
(dc) The rules in Partpart 387 of this chapter, Minimum Levels of Financial Responsibility for Motor Carriers, are applicable to motor carriers as provided in §§ 387.3 or 387.27 of this subchapterchapter.
(ed) Additional requirements. Nothing in subchapter B of this chapter shall be construed to prohibit an employer from requringrequiring and enforcing more stringent requirements relating to safety of operation and employee safety and health.
(fe) Knowledge of and compliance with the regulations.
(1) Every employer shall be knowledgeable of and comply with all regulations contained in this subchapter whichthat are applicable to that motor carrier's operations.
(2) Every driver and employee involved in motor carrier operations shall be instructed regarding, and shall comply with, all applicable regulations contained in this subchapter.
(3) All motor vehicle equipment and accessories required by this subchapterchapter shall be maintained in compliance with all applicable performance and design criteria set forth in this subchapter.
(gf) Exceptions. Unless otherwise specifically provided, the rules in this subchapter do not apply to—
(1) All school bus operations as defined in § 390.5, except for §§ 391.15(e) and (f), 392.15, 392.80, and 392.82 of this chapter;
(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. The accident recordkeeping requirements of § 390.15 of this part remain applicable to the entities identified in this paragraph when engaged in the interstate charter transportation of passengers;
(3) The occasional transportation of personal property by individuals not for compensation norand not in the furtherance of a commercial enterprise;
(4) The transportation of human corpses or sick and injured persons;
(5) The operation of fire trucks and rescue vehicles while involved in emergency and related operations.;
[53(6) FRThe 18052operation of commercial motor vehicles designed or used to transport between 9 and 15 passengers (including the driver), Maynot 19for direct compensation, 1988provided the vehicle does not otherwise meet the definition of a commercial motor vehicle, asexcept amendedfor atthe 54provisions FRof 12202§§ 391.15(e) and (f), Mar392.80, 24and 392.82, 1989;and 58except FRthat 33776,motor Junecarriers operating such vehicles are required to comply with §§ 390.15, 390.21(a) and (b)(2), 1993;390.201 59and FR390.205.
(7) 8752Either 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, Febif such regulations would prevent the driver from responding to an emergency condition requiring immediate response as defined in § 390.5.
(g) 23Motor carriers that transport hazardous materials in intrastate commerce. The rules in the following provisions of this subchapter apply to motor carriers that transport hazardous materials in intrastate commerce and to the motor vehicles that transport hazardous materials in intrastate commerce:
(1) Part 385, 1994;subparts 59A FRand 67554E, Decfor carriers subject to the requirements of § 385.403 29of this subchapter.
(2) Part 386, 1994]Rules of Practice for Motor Carrier, Intermodal Equipment Provider, Broker, Freight Forwarder, and Hazardous Materials Proceedings, of this subchapter.
Effective(3) DatePart Note:387, Minimum Levels of Financial Responsibility for Motor Carriers, to the extent provided in § 387.3 of this subchapter.
(4) AtSubpart 59E FRof 67554this part, DecUnified Registration System, and § 390.21, 29Marking of CMVs, 1994for carriers subject to the requirements of § 385.403 of this subchapter. Intrastate motor carriers operating prior to January 1, 2005, are excepted from § 390.201.
(h) Intermodal equipment providers. The rules in the following provisions of this subchapter apply to intermodal equipment providers:
(1) Subpart F, Intermodal Equipment Providers, of Part 385, Safety Fitness Procedures.
(2) Part 386, Rules of Practice for Motor Carrier, Intermodal Equipment Provider, Broker, Freight Forwarder, and Hazardous Materials Proceedings.
(3) wasPart amended390, byFederal redesignatingMotor paragraphsCarrier Safety Regulations; General, except § 390.15(b) throughconcerning accident registers.
(f4) asPart 393, Parts and Accessories Necessary for Safe Operation.
(c5) throughPart 396, Inspection, Repair, and Maintenance.
(gi) Brokers. The rules in the following provisions of this subchapter apply to brokers that are required to register with the Agency pursuant to 49 U.S.C. chapter 139.
(1) Part 371, Brokers of Property.
(2) Part 386, Rules of Practice for Motor Carrier, Intermodal Equipment Provider, Broker, Freight Forwarder, and byHazardous addingMaterials aProceedings.
(3) newPart paragraph387, Minimum Levels of Financial Responsibility for Motor Carriers, to the extent provided in subpart C of that part.
(b4) Section 390.6, effectiveprohibiting Junethe 27coercion of drivers of commercial motor vehicles operating in interstate commerce to violate certain safety regulations, 1995and subpart E of this part, Unified Registration System.
(j) AtFreight 60forwarders. FRThe 26002rules in the following provisions of this subchapter apply to freight forwarders that are required to register with the Agency pursuant to 49 U.S.C. chapter 139.
(1) Part 386, MayRules 16of Practice for Motor Carrier, 1995Intermodal Equipment Provider, theBroker, effectiveFreight dateForwarder, wasand extendedHazardous Materials Proceedings.
(2) Part 387, Minimum Levels of Financial Responsibility for Motor Carriers, to Septthe extent provided in subpart D of that part.
(3) 27Section 390.6, 1995prohibiting the coercion of drivers of commercial motor vehicles operating in interstate commerce to violate certain safety regulations, and subpart E of this part, Unified Registration System.
(k) AtCargo 60tank FRfacilities. 40761The rules in subpart E of this part, AugUnified Registration System, apply to each cargo tank and cargo tank motor vehicle manufacturer, assembler, repairer, inspector, tester, and design certifying engineer that is subject to registration requirements under 49 CFR 107.502 10and 49 U.S.C. 5108.
(l) Shippers, 1995receivers, consignees, and transportation intermediaries. The rules in 49 CFR 386.12(c) and 390.6 prohibiting the effectivecoercion dateof wasdrivers furtherof extendedcommercial motor vehicles operating in interstate commerce to Septviolate certain safety regulations are applicable to shippers, receivers, and transportation intermediaries.
[80 1FR 63710, 1996Oct. 21, 2015, as amended at 83 FR 22877, May 17, 2018; 86 FR 55743, Oct. 7, 2021]
Effective Date Note:
At 6182 FR 428225310, AugJan. 1917, 19962017, the§ 390.3 was suspended, effective dateJan. 14, 2017. At 86 FR 55743, Oct. 7, 2021, the suspension was furtherlifted, extended§ to390.3(f)(1) Janwas revised, and the section was again suspended indefinitely, effective Nov. 28, 19972021.