DOT 49 CFR PART 381-2010 WAIVERS EXEMPTIONS AND PILOT PROGRAMS.pdf

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1、158 49 CFR Ch. III (10110 Edition) Pt. 381 Unit 3.5Security issues. This unit must in-clude a discussion of security requirements imposed by the Department of Homeland Se-curity, Transportation Security Administra-tion; the U.S. Department of Transportation, Research and Special Programs Administra-

2、tion; and any other State or Federal agency with responsibility for highway or motor carrier security. Unit 3.6Proficiency development. This unit must provide driver-students an opportunity to refine, within the on-street traffic envi-ronment, their vehicle handling skills learned in the first three

3、 sections. Driver- student performance progress must be close-ly monitored to determine when the level of proficiency required for carrying out the basic traffic maneuvers of stopping, turning, merging, straight driving, curves, lane changing, passing, driving on hills, driving through traffic restr

4、ictions, and parking has been attained. The driver-student must also be assessed for regulatory compliance with all traffic laws. Nearly all activity in this unit will take place on public roadways in a full range of traffic environments applicable to this vehi-cle configuration. This must include u

5、rban and rural uncontrolled roadways, express-ways or freeways, under light, moderate, and heavy traffic conditions. There must be a brief classroom session to familiarize driver- students with the type of on-street maneu-vers they will perform and how their per-formance will be rated. The instructo

6、r must assess the level of skill development of the driver-student and must increase in difficulty, based upon the level of skill attained, the types of maneu-vers, roadways and traffic conditions to which the driver-student is exposed. SECTION 4ADVANCED OPERATIONS The units in this section must int

7、roduce higher level skills that can be acquired only after the more fundamental skills and knowledge taught in sections two and three have been mastered. They must teach the perceptual skills necessary to recognize po-tential hazards, and must demonstrate the procedures needed to handle an LCV when

8、faced with a hazard. The Maintenance and Trouble-shooting Unit must provide instruction that addresses how to keep the vehicle in safe and efficient operating condition. The purpose of this unit is to teach the correct way to perform simple maintenance tasks, and how to troubleshoot and report those

9、 vehicle discrepancies or de-ficiencies that must be repaired by a quali-fied mechanic. Unit 4.1Hazard perception. This unit must provide instruction addressing the principles of recognizing hazards in sufficient time to reduce the severity of the hazard and neu-tralize a possible emergency situatio

10、n. While hazards are present in all motor vehicle traf-fic operations, some are peculiar to LCV op-erations. Emphasis must be placed upon haz-ard recognition, visual search, and response to possible emergency-producing situations encountered by LCV drivers in various traf-fic situations. Unit 4.2Haz

11、ardous situations. This unit must address dealing with specific proce-dures appropriate for LCV emergencies. These must include evasive steering, emer-gency braking, off-road recovery, brake fail-ures, tire blowouts, rearward amplification, hydroplaning, skidding, jackknifing and the rollover phenom

12、enon. The discussion must include a review of unsafe acts and the role they play in producing hazardous situations. Unit 4.3Maintenance and trouble-shooting. This unit must introduce driver-students to the basic servicing and checking procedures for the various vehicle components and pro-vide knowle

13、dge of conducting preventive maintenance functions, making simple emer-gency repairs, and diagnosing and reporting vehicle malfunctions. SECTION 5NON-DRIVING ACTIVITIES The units in this section must cover activi-ties that are not directly related to the vehi-cle itself but must be performed by an L

14、CV driver. The units in this section must ensure these activities are performed in a manner that ensures the safety of the driver, vehicle, cargo, and other road users. Unit 5.1Routes and trip planning. This unit must address the importance of and require-ments for planning routes and trips. This mu

15、st include classroom discussion of Federal and State requirements for a number of top-ics including permits, vehicle size and weight limitations, designated highways, local access, the reasonable access rule, stag-ing areas, and access zones. Unit 5.2Cargo and weight considerations. This unit must a

16、ddress the importance of proper cargo documentation, loading, secur-ing and unloading cargo, weight distribution, load sequencing and trailer placement. Em-phasis must be placed on the importance of axle weight distribution, as well as on trailer placement and its effect on vehicle handling. PART 38

17、1WAIVERS, EXEMPTIONS, AND PILOT PROGRAMS Subpart AGeneral Sec. 381.100 What is the purpose of this part? 381.105 Who is required to comply with the rules in this part? 381.110 What definitions are applicable to this part? VerDate Mar2010 08:20 Dec 16, 2010 Jkt 220216 PO 00000 Frm 00168 Fmt 8010 Sfmt

18、 8010 Y:SGML220216.XXX 220216jdjones on DSK8KYBLC1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-159 Federal Motor Carrier Safety Administration, DOT 381.110 Subpart BProcedures for Requesting Waivers 381.200 What is a waiver? 381.205 H

19、ow do I determine when I may re-quest a waiver? 381.210 How do I request a waiver? 381.215 What will the FMCSA do after the agency receives my request for a waiver? 381.220 How long will it take the agency to respond to my request for a waiver? 381.225 Who should I contact if I have ques-tions about

20、 the information I am re-quired to submit to the FMCSA or about the status of my request for a waiver? Subpart CProcedures for Applying for Exemptions 381.300 What is an exemption? 381.305 How do I determine when I may apply for an exemption? 381.310 How do I apply for an exemption? 381.315 What wil

21、l the FMCSA do after the agency receives my application for an ex-emption? 381.320 How long will it take the agency to respond to my application for an exemp-tion? 381.325 Who should I contact if I have ques-tions about the information I am re-quired to submit to the FMCSA or about the status of my

22、application for an ex-emption? 381.330 What am I required to do if the FMCSA grants my application for an ex-emption? Subpart DInitiation of Pilot Programs 381.400 What is a pilot program? 381.405 Who determines whether a pilot pro-gram should be initiated? 381.410 What may I do if I have an idea or

23、 suggestion for a pilot program? 381.415 Who should I contact if I have ques-tions about the information to be in-cluded in my suggestion? 381.420 What will the FMCSA do after the agency receives my suggestion for a pilot program? Subpart EAdministrative Procedures for Pilot Programs 381.500 What ar

24、e the general requirements the agency must satisfy in conducting a pilot program? 381.505 What are the minimum elements re-quired for a pilot program? 381.510 May the FMCSA end a pilot program before its scheduled completion date? 381.515 May the FMCSA remove approved participants from a pilot progr

25、am? 381.520 What will the FMCSA do with the results from a pilot program? Subpart FPreemption of State Rules 381.600 Do waivers, exemptions, and pilot programs preempt State laws and regula-tions? AUTHORITY: 49 U.S.C. 31136(e) and 31315; and 49 CFR 1.73. SOURCE: 63 FR 67608, Dec. 8, 1998, unless oth

26、erwise noted. EDITORIAL NOTE: Nomenclature changes to part 381 appear at 66 FR 49872, Oct. 1, 2001. Subpart AGeneral 381.100 What is the purpose of this part? This part prescribes the rules and procedures for requesting waivers and applying for exemptions from those provisions of the Federal Motor C

27、arrier Safety Regulations (FMCSRs) which were issued on the authority of 49 U.S.C. 31136 or chapter 313, and the ini-tiation and administration of pilot pro-grams. 381.105 Who is required to comply with the rules in this part? (a) You must comply with the rules in this part if you are going to reque

28、st a waiver or apply for an exemption. (b) You should follow the instruc-tions in subpart D of this part if you would like to recommend the agency initiate a pilot program. 381.110 What definitions are applica-ble to this part? Commercial motor vehicle means any motor vehicle that meets the defini-t

29、ion of commercial motor vehicle found at 49 CFR 382.107 concerning con-trolled substances and alcohol use and testing, 49 CFR 383.5 concerning com-mercial drivers license standards, or 49 CFR 390.5 concerning parts 390 through 399 of the FMCSRs. Federal Motor Carrier Safety Adminis-trator (the Admin

30、istrator) means the chief executive of the Federal Motor Carrier Safety Administration, an agency within the Department of Transportation. FMCSRs means Federal Motor Car-rier Safety Regulations (49 CFR parts 382 and 383, 385.21 and 390.21, parts 391 through 393, 395, 396, and 399). You means an indi

31、vidual or motor carrier or other entity that is, or will VerDate Mar2010 08:20 Dec 16, 2010 Jkt 220216 PO 00000 Frm 00169 Fmt 8010 Sfmt 8010 Y:SGML220216.XXX 220216jdjones on DSK8KYBLC1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-160

32、49 CFR Ch. III (10110 Edition) 381.200 be, responsible for the operation of a CMV(s). The term includes a motor carriers agents, officers and represent-atives as well as employees responsible for hiring, supervising, training, as-signing, or dispatching of drivers and employees concerned with the in

33、stalla-tion, inspection, and maintenance of motor vehicle equipment and/or acces-sories. You also includes any interested party who would like to suggest or rec-ommend that the FMCSA initiate a pilot program. Subpart BProcedures for Requesting Waivers 381.200 What is a waiver? (a) A waiver is tempor

34、ary regulatory relief from one or more FMCSR given to a person subject to the regulations, or a person who intends to engage in an activity that would be subject to the regulations. (b) A waiver provides the person with relief from the regulations for up to three months. (c) A waiver is intended for

35、 unique, non-emergency events and is subject to conditions imposed by the Adminis-trator. (d) Waivers may only be granted from one or more of the requirements con-tained in the following parts and sec-tions of the FMCSRs: (1) Part 382Controlled Substances and Alcohol Use and Testing; (2) Part 383Com

36、mercial Drivers Li-cense Standards; Requirements and Penalties; (3) 390.19 Motor Carrier Identifica-tion Report; (4) 390.21 Marking of commercial motor vehicles; (5) Part 391Qualifications of Driv-ers; (6) Part 392Driving of Commercial Motor Vehicles; (7) Part 393Parts and Accessories Necessary for

37、Safe Operation; (8) Part 395Hours of Service of Driv-ers; (9) Part 396Inspection, Repair, and Maintenance (except 396.25); and (10) Part 399Step, Handhold and Deck Requirements. 381.205 How do I determine when I may request a waiver? (a) You may request a waiver if one or more FMCSR would prevent yo

38、u from using or operating CMVs, or make it unreasonably difficult to do so, dur-ing a unique, non-emergency event that will take no more than three months to complete. (b) Before you decide to request a waiver, you should carefully review the regulation to determine whether there are any practical a

39、lternatives already available that would allow your use or operation of CMVs during the event. You should also determine whether you need a waiver from all of the require-ments in one or more parts of the regu-lations, or whether a more limited waiver of certain sections within one or more of the pa

40、rts of the regulations would provide an acceptable level of regulatory relief. For example, if you need relief from one of the record-keeping requirements concerning driv-er qualifications, you should not re-quest relief from all of the require-ments of part 391. 381.210 How do I request a waiver? (

41、a) You must send a written request (for example, a typed or handwritten (printed) letter), which includes all of the information required by this sec-tion, to the Administrator, Federal Motor Carrier Safety Administration, 1200 New Jersey Ave., SE., Washington, DC 205900001. (b) You must identify th

42、e person who would be covered by the waiver. The application for a waiver must include: (1) Your name, job title, mailing ad-dress, and daytime telephone number; (2) The name of the individual, motor carrier, or other entity that would be responsible for the use or operation of CMVs during the uniqu

43、e, non-emer-gency event; (3) Principal place of business for the motor carrier or other entity (street address, city, State, and zip code); and (4) The USDOT identification number for the motor carrier, if applicable. (c) You must provide a written state-ment that: (1) Describes the unique, non-emer

44、-gency event for which the waiver would be used, including the time period dur-ing which the waiver is needed; VerDate Mar2010 08:20 Dec 16, 2010 Jkt 220216 PO 00000 Frm 00170 Fmt 8010 Sfmt 8010 Y:SGML220216.XXX 220216jdjones on DSK8KYBLC1PROD with CFRProvided by IHSNot for ResaleNo reproduction or

45、networking permitted without license from IHS-,-,-161 Federal Motor Carrier Safety Administration, DOT 381.305 (2) Identifies the regulation that you believe needs to be waived; (3) Provides an estimate of the total number of drivers and CMVs that would be operated under the terms and conditions of

46、the waiver; and (4) Explains how you would ensure that you could achieve a level of safety that is equivalent to, or greater than, the level of safety that would be ob-tained by complying with the regula-tion. 72 FR 67608, Dec. 8, 1998, as amended at 72 FR 55699, Oct. 1, 2007 381.215 What will the F

47、MCSA do after the agency receives my re-quest for a waiver? (a) The Federal Motor Carrier Safety Administration will review your re-quest and make a recommendation to the Administrator. The final decision whether to grant or deny the applica-tion for a waiver will be made by the Administrator. (b) A

48、fter a decision is signed by the Administrator, you will be sent a copy of the document, which will include the terms and conditions for the waiver or the reason for denying the application for a waiver. 381.220 How long will it take the agency to respond to my request for a waiver? You should recei

49、ve a response from the agency within 60 calendar days from the date the Administrator re-ceives your request. However, depend-ing on the complexity of the issues dis-cussed in your application, and the availability of staff to review the ma-terial, a final decision may take up to 120 days. 381.225 Who should I contact if I have questions about the informa-tion I am required to submit to the FMCSA or about the status of my request for