§ 392.9 Inspection of cargo, cargo securement devices and systems.
Current wording, in the annual edition revised as of Oct. 1, 2007.
(a) General. NoA persondriver shallmay drivenot operate a commercial motor vehicle and a motor carrier shallmay not require or permit a persondriver to driveoperate a commercial motor vehicle unless—
(1) The commercial motor vehicle's cargo is properly distributed and adequately secured as specified in §§ 393.100- through 393.106136 of this subchapter.
(2) The commercial motor vehicle's tailgate, tailboard, doors, tarpaulins, its spare tire and other equipment used 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 (except for drivers of self-steer dollies), 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) ExamineInspect the commercialcargo motorand vehicle'sthe cargodevices andused itsto load-securingsecure devicesthe cargo within the first 2550 miles after beginning a trip and cause any adjustments to be made to the cargo or load-securing securement devices (otheras thannecessary, steelincluding strapping)adding asmore maysecurement bedevices, necessary to maintainensure thethat securitycargo ofcannot shift on or within, or fall from the commercial motor vehicle's load; and
(3) Reexamine the commercial motor vehicle's cargo and its load-securing securement devices periodically during the course of transportation and causemake any adjustmentsnecessary toadjustment be made to the cargo or load-securing securement devices, (otherincluding thanadding steelmore strapping)securement asdevices, mayto beensure necessarythat tocargo maintaincannot theshift securityon ofor within, or fall from, the commercial motor vehicle's load. AReexamination periodic reexamination and any necessary adjustments must be made whenever—
(i) WhenThe the driver makes a change of his/her duty status; or
(ii) AfterThe the commercial motor vehicle has been driven for 3 hours; or
(iii) AfterThe the commercial motor vehicle has been driven for 150 miles, whichever occurs first.
(4) The rules in this paragraph (b) 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.
[3667 FR 1886361224, Sept. 2327, 19712002, as amended at 3772 FR 1264255703, June 27, 1972; 38 FR 23522, AugOct. 311, 1973; 60 FR 38746, July 28, 1995; 63 FR 33278, June 18, 19982007]
(a) General. A driver may not operate a commercial motor vehicle and a motor carrier may not require or permit a driver to operate a commercial motor vehicle unless—
(1) The commercial motor vehicle's cargo is properly distributed and adequately secured as specified in §§ 393.100 through 393.136 of this subchapter.
(2) The commercial motor vehicle's tailgate, tailboard, doors, tarpaulins, spare tire and other equipment used 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 (except for drivers of self-steer dollies), 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) Inspect the cargo and the devices used to secure the cargo within the first 50 miles after beginning a trip and cause any adjustments to be made to the cargo or load securement devices as necessary, including adding more securement devices, to ensure that cargo cannot shift on or within, or fall from the commercial motor vehicle; and
(3) Reexamine the commercial motor vehicle's cargo and its load securement devices during the course of transportation and make any necessary adjustment to the cargo or load securement devices, including adding more securement devices, to ensure that cargo cannot shift on or within, or fall from, the commercial motor vehicle. Reexamination and any necessary adjustments must be made whenever—
(i) The driver makes a change of his/her duty status; or
(ii) The commercial motor vehicle has been driven for 3 hours; or
(iii) The commercial motor vehicle has been driven for 150 miles, whichever occurs first.
(4) The rules in this paragraph (b) 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.
[67 FR 61224, Sept. 27, 2002, as amended at 72 FR 55703, Oct. 1, 2007]
Amendment history
5 distinct wordings on file since Oct. 1, 1996- [67 FR 61224, Sept. 27, 2002, as amended at 72 FR 55703, Oct. 1, 2007]
- [67 FR 61224, Sept. 27, 2002]
- [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]
- [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]
- Oct. 1, 1996 → Oct. 1, 1998annual edition 1996[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]
A new entry appears whenever the regulatory words change between government snapshots. Day-precise from the eCFR (2017 onward); before that, one snapshot per annual CFR edition (revised as of October 1). Bracketed citations are the Federal Register history printed with the section. Set a case date in the header to read any earlier wording.