49 C.F.R. § 395.1 - Scope of rules in this part

Cite as:49 C.F.R. § 395.1
Currency:Current through December 7, 2020
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135 practice notes
  • 233 Cal.App.4th 638, B246660, Vargas v. FMI, Inc.
    • United States
    • California California Court of Appeals
    • January 23, 2015
    ...sleeps. In such circumstances, the Act requires each driver to spend at least 10 hours “off-duty” in the vehicle’s sleeper berth. (49 C.F.R. §§ 395.1(g), 395.3 (2014).)12 It is illogical to suggest that a driver can or should be responsible for ensuring his own safety during hours that he i......
  • 39 A.3d 603 (Pa.Cmwlth. 2012), American Road Lines v. W.C.A.B. (Royal)
    • United States
    • Pennsylvania Commonwealth Court of Pennsylvania
    • February 23, 2012
    ...governing leasing equipment to owner-operators, to include inspections, observing speed limits, maximum driving time/hours of service, 49 C.F.R. §§ 395.1, 395.3, and commercial driver's license standards, 49 C.F.R. § 383.37. The Independent Business Associate Contract, signed on October 1, ......
  • 787 F.Supp. 449 (E.D.Pa. 1991), 90-1615, Friedrich v. United States Computer Services
    • United States
    • Federal Cases United States District Courts 3th Circuit Eastern District of Pennsylvania
    • September 3, 1991
    ...motor carriers, including private carriers, as part of the Federal Motor Carrier Safety Regulations, ("FMCSR"). See generally 49 C.F.R. § 395.1-395.15 (October 1, 1990). Yet these requirements apply only to drivers of commercial motor vehicles. See 49 C.F.R. § 395.3(a) (setting ma......
  • 597 S.E.2d 421 (Ga.App. 2004), A03A2411, Rios v. Norsworthy
    • United States
    • Georgia Court of Appeals of Georgia
    • March 1, 2004
    ...that exempted it from keeping the subject records because Norsworthy drove within a 100 air-mile radius of his reporting location. 49 CFR § 395.1(e). Brunstein's additional opinion that Norsworthy was not qualified to obtain a commercial driver's license was a conclusion not supported by th......
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46 cases
  • 233 Cal.App.4th 638, B246660, Vargas v. FMI, Inc.
    • United States
    • California California Court of Appeals
    • January 23, 2015
    ...sleeps. In such circumstances, the Act requires each driver to spend at least 10 hours “off-duty” in the vehicle’s sleeper berth. (49 C.F.R. §§ 395.1(g), 395.3 (2014).)12 It is illogical to suggest that a driver can or should be responsible for ensuring his own safety during hours that he i......
  • 39 A.3d 603 (Pa.Cmwlth. 2012), American Road Lines v. W.C.A.B. (Royal)
    • United States
    • Pennsylvania Commonwealth Court of Pennsylvania
    • February 23, 2012
    ...governing leasing equipment to owner-operators, to include inspections, observing speed limits, maximum driving time/hours of service, 49 C.F.R. §§ 395.1, 395.3, and commercial driver's license standards, 49 C.F.R. § 383.37. The Independent Business Associate Contract, signed on October 1, ......
  • 787 F.Supp. 449 (E.D.Pa. 1991), 90-1615, Friedrich v. United States Computer Services
    • United States
    • Federal Cases United States District Courts 3th Circuit Eastern District of Pennsylvania
    • September 3, 1991
    ...motor carriers, including private carriers, as part of the Federal Motor Carrier Safety Regulations, ("FMCSR"). See generally 49 C.F.R. § 395.1-395.15 (October 1, 1990). Yet these requirements apply only to drivers of commercial motor vehicles. See 49 C.F.R. § 395.3(a) (setting ma......
  • 597 S.E.2d 421 (Ga.App. 2004), A03A2411, Rios v. Norsworthy
    • United States
    • Georgia Court of Appeals of Georgia
    • March 1, 2004
    ...that exempted it from keeping the subject records because Norsworthy drove within a 100 air-mile radius of his reporting location. 49 CFR § 395.1(e). Brunstein's additional opinion that Norsworthy was not qualified to obtain a commercial driver's license was a conclusion not supported by th......
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4 firm's commentaries
  • The New Hours of Service Rules
    • United States
    • LexBlog United States
    • December 3, 2013
    ...anything close to 11 hours on a given day, according to research conducted by the Federal Motor Carrier Safety Administration. Under 49 CFR §395.1(e)(2), short haul drivers who operate vehicles that do not require a CDL and who operate “within 150 air-mile radius of a location where the dri......
  • Ninth Circuit Green-Light’s FMCSA Decision to Preempt California Break Rules
    • United States
    • JD Supra United States
    • January 22, 2021
    ...Although the FMCSA’s HOS regulations, and thus the preemption decision, will apply to any person who operates a CMV (49 C.F.R. §§ 390.5 and 395.1), the roads are not all clear. Companies must confirm that drivers are operating a vehicle that meets the detailed definition of a CMV, which is ......
  • ELD Zero-Hour is Nearing, May Lay Traps for the Unwary
    • United States
    • JD Supra United States
    • December 12, 2017
    ...CFR 395.8(b)(1)-(4). [ii] 49 CFR 395.8(a)(1). [iii] 49 CFR 395.1(e)(1)-(2). [iv] 49 CFR 395.8(a)(1)(iii)(A)(1). [v] 49 CFR 395.8(a)...
  • InterConnect - Fall 2017
    • United States
    • JD Supra United States
    • December 11, 2017
    ...with the firm and may be reached at (614) 223-9377 or kchandler@beneschlaw.com. 1 49 CFR 395.8(b)(1)-(4). 2 49 CFR 395.8(a)(1). 3 49 CFR 395.1(e)(1)-(2). 4 49 CFR 5 49 CFR 395.8(a)(1)(iii)(A)(2). 6 49 CFR 395.8(a)(1)(iii)(A)(3). 7 49 CFR 395.8(a)(1)(iii)(A)(4). 8 49 CFR 381.200. 9 H.R. 3282......
1 books & journal articles
  • SC Lawyer, July 2012, #1. Commercial Vehicle Cases.
    • United States
    • South Carolina Bar Journal Nbr. 2012, January 2012
    • January 1, 2012
    ...driving time per day and the company keeps time cards or records showing the driver's compliance with these regulations. 49 C.F.R. 395.1 (2012). South Carolina has adopted a less stringent hours of service rule for intrastate truck drivers. Under the South Carolina rule, truc......
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