49 CFR 392.3 - Ill or fatigued operator
| Cite as | 49 CFR 392.3 |
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105 practice notes
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Electronic Logging Devices and Hours of Service Supporting Documents
...will be considered in cases of alleged HOS violations, the penalty for harassment is in addition to the underlying violation under 49 CFR 392.3 or part 395. An underlying violation must be found in order for a harassment penalty to be 3. Technical Specifications; Implementation Period Today......
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Department of Transportation, Federal Motor Carrier Safety Administration,
...cease driving when their ability is impaired due to illness or fatigue. These sections parallel the prohibition contained in the current 49 CFR 392.3, and we have added the prohibition that motor carriers must not retaliate, penalize, discipline, dismiss, or otherwise discriminate against d......
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Vargas v. Fmi, Inc., B246660
...fatigue, illness, or any other cause, as to make it unsafe for him/her to begin or continue to operate the commercial motor vehicle.” (49 C.F.R. § 392.3.) • No motor carrier shall “require or permit” a driver to be on duty while under the influence of specified drugs or substances. (49 C.F.......
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Vargas v. Fmi, Inc., B246660
...fatigue, illness, or any other cause, as to make it unsafe for him/her to begin or continue to operate the commercial motor vehicle.” (49 C.F.R. § 392.3.) • No motor carrier shall “require or permit” a driver to be on duty while under the influence of specified drugs or substances. (49 C.F.......
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76 cases
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Vargas v. Fmi, Inc., B246660
...fatigue, illness, or any other cause, as to make it unsafe for him/her to begin or continue to operate the commercial motor vehicle.” (49 C.F.R. § 392.3.) • No motor carrier shall “require or permit” a driver to be on duty while under the influence of specified drugs or substances. (49 C.F.......
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Vargas v. Fmi, Inc., B246660
...fatigue, illness, or any other cause, as to make it unsafe for him/her to begin or continue to operate the commercial motor vehicle.” (49 C.F.R. § 392.3.) • No motor carrier shall “require or permit” a driver to be on duty while under the influence of specified drugs or substances. (49 C.F.......
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Vargas v. FMI, Inc., B246660
...fatigue, illness, or any other cause, as to make it unsafe for him/her to begin or continue to operate the commercial motor vehicle.” (49 C.F.R. § 392.3.)• No motor carrier shall “require or permit” a driver to be on duty while under the influence of specified drugs or substances. (49 C.F.R......
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Conley v. Yellow Freight System, Inc., No. 1:06-cv-164.
...fatigue, illness, or any other cause, as to make it unsafe for him/her to begin or continue to operate the commercial motor vehicle. 49 C.F.R. § 392.3; see also 49 C.F.R. § 395.3 (establishing maximum driving times); 49 C.F.R. § 392.6 (motor carriers may not schedule runs requiring the viol......
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13 firm's commentaries
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Potential personal liability of trucking company owners and officers for improper dispatching
...390.5: “Person means any individual, partnership, association, corporation, business trust, or any other organized group of individuals.” 49 CFR 392.3: “No driver shall operate a motor vehicle, and a commercial motor carrier shall not require or permit a driver to operate a commercial motor......
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Punitive damages for violation of Federal Motor Carrier Safety Regulations
...of service regulations pursuant to 49 C.F.R. 395.3; (2) operating the Decker rig when he was too tired to do so safely in violation of 49 C.F.R. 392.3; and(3) failing to properly record his duty status in violation of 49 C.F.R. 395.8. Significantly, the truck driver testified that he was aw......
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Applying Federal Motor Carrier Safety Regulations to punitive damages issues
...limits; (2) that the truck driver was driving in a state of low mental arousal or fatigue at the time of the collision in violation of 49 C.F.R. 392.3; (3) that the truck driver falsified his time logs in violations of 49 C.F.R. 395.8; (4) that the trucking company failed to have an effecti......
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Motor carriers and drivers beware: FMCSA scales back COVID-19 immediate needs in latest update to Emergency Declaration No. 2020-20
...operation of CMV in accordance with State laws/regulations, including compliance with applicable speed limits/other traffic restrictions. 49 CFR § 392.3 - operation of CMV while a driver's ability or alertness is so impaired, or so likely to become impaired, through fatigue, illness, or any......
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