[Code of Federal Regulations]

[Title 49, Volume 5]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 49CFR350.341]



[Page 31]

 

                        TITLE 49--TRANSPORTATION

 

                      DEPARTMENT OF TRANSPORTATION

 

PART 350_COMMERCIAL MOTOR CARRIER SAFETY ASSISTANCE PROGRAM--Table 

of Contents

 

                            Subpart C_Funding

 

Sec. 350.341  What specific variances from the FMCSRs are allowed for 

State laws and regulations governing motor carriers, CMV drivers, and 

CMVs engaged in intrastate commerce and not subject to Federal 

jurisdiction?



    (a) A State may exempt a CMV from all or part of its laws or 

regulations applicable to intrastate commerce, provided that neither the 

GVW, GVWR, GCW, nor GCWR of the vehicle equals or exceeds 11,801 kg 

(26,001 lbs.). However, a State may not exempt a CMV from such laws or 

regulations if the vehicle:

    (1) Transports hazardous materials requiring a placard.

    (2) Is designed or used to transport 16 or more people, including 

the driver.

    (b) State laws and regulations applicable to intrastate commerce may 

not grant exemptions based upon the type of transportation being 

performed (e.g., for-hire, private, etc.).

    (c) A State may retain those exemptions from its motor carrier 

safety laws and regulations that were in effect before April, 1988, are 

still in effect, and apply to specific industries operating in 

intrastate commerce.

    (d) State laws and regulations applicable to intrastate commerce 

must not include exemptions based upon the distance a motor carrier or 

driver operates from the work reporting location. This prohibition does 

not apply to those exemptions already contained in the FMCSRs nor to the 

extension of the mileage radius exemption contained in 49 CFR 395.1(e) 

from 100 to 150 miles.

    (e) Hours of service--State hours-of-service limitations applied to 

intrastate transportation may vary to the extent of allowing the 

following:

    (1) A 12-hour driving limit, provided driving a CMV after having 

been on duty more than 16 hours is prohibited.

    (2) Driving prohibitions for drivers who have been on duty 70 hours 

in 7 consecutive days or 80 hours in 8 consecutive days.

    (f) Age of CMV driver--All CMV drivers must be at least 18 years of 

age.

    (g) Grandfather clauses--States may provide grandfather clauses in 

their rules and regulations if such exemptions are uniform or in 

substantial harmony with the FMCSRs and provide an orderly transition to 

full regulatory adoption at a later date.

    (h) Driver qualifications:

    (1) Intrastate drivers who do not meet the physical qualification 

standards in 49 CFR 391.41 may continue to be qualified to operate a CMV 

in intrastate commerce if the following three conditions are met:

    (i) The driver was qualified under existing State law or regulation 

at the time the State adopted physical qualification standards 

compatible with the Federal standards in 49 CFR 391.41.

    (ii) The otherwise non-qualifying medical or physical condition has 

not substantially worsened.

    (iii) No other non-qualifying medical or physical condition has 

developed.

    (2) The State may adopt or continue programs granting variances to 

intrastate drivers with medical or physical conditions that would 

otherwise be non-qualifying under the State's equivalent of 49 CFR 

391.41 if the variances are based upon sound medical judgment combined 

with appropriate performance standards ensuring no adverse affect on 

safety.