[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: 49CFR381.400]



[Page 157]

 

                        TITLE 49--TRANSPORTATION

 

                      DEPARTMENT OF TRANSPORTATION

 

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

 

                 Subpart D_Initiation of Pilot Programs

 

Sec. 381.400  What is a pilot program?





    (a) A pilot program is a study in which temporary regulatory relief 

from one or more FMCSR is given to a person or class of persons subject 

to the regulations, or a person or class of persons who intend to engage 

in an activity that would be subject to the regulations.

    (b) During a pilot program, the participants would be given an 

exemption from one or more sections or parts of the regulations for a 

period of up to three years.

    (c) A pilot program is intended for use in collecting specific data 

for evaluating alternatives to the regulations or innovative approaches 

to safety while ensuring that the safety performance goals of the 

regulations are satisfied.

    (d) The number of participants in the pilot program must be large 

enough to ensure statistically valid findings.

    (e) Pilot programs must include an oversight plan to ensure that 

participants comply with the terms and conditions of participation, and 

procedures to protect the health and safety of study participants and 

the general public.

    (f) Exemptions for pilot programs may be granted only from one or 

more of the requirements contained in the following parts and sections 

of the FMCSRs:

    (1) Part 382--Controlled Substances and Alcohol Use and Testing;

    (2) Part 383--Commercial Driver's License Standards; Requirements 

and Penalties;

    (3) Part 391--Qualifications of Drivers;

    (4) Part 392--Driving of Commercial Motor Vehicles;

    (5) Part 393--Parts and Accessories Necessary for Safe Operation;

    (6) Part 395--Hours of Service of Drivers;

    (7) Part 396--Inspection, Repair, and Maintenance (except for Sec. 

396.25); and

    (8) Part 399--Step, Handhold and Deck Requirements.