[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: 49CFR381.305]



[Page 155]

 

                        TITLE 49--TRANSPORTATION

 

                      DEPARTMENT OF TRANSPORTATION

 

PART 381_WAIVERS, EXEMPTIONS, AND PILOT PROGRAMS--Table of Contents

 

            Subpart C_Procedures for Applying for Exemptions

 

Sec. 381.305  How do I determine when I may apply for an exemption?



    (a) You may apply for an exemption if one or more FMCSR prevents you 

from implementing more efficient or effective operations that would 

maintain a level of safety equivalent to, or greater than, the level 

achieved without the exemption.

    (b) Before you decide to apply for an exemption you should carefully 

review the regulation to determine whether there are any practical 

alternatives already available that would allow you to conduct your 

motor carrier operations. You should also determine whether you need an 

exemption from all of the requirements in one or more parts of the 

regulations, or whether a more limited exemption from certain sections 

within one or more parts of the regulations would provide an acceptable 

level of regulatory relief. For example, if you need regulatory relief 

from one of the recordkeeping requirements concerning driver 

qualifications, you should not request regulatory relief from all of the 

requirements of part 391.