[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: 49CFR390.21]



[Page 316-317]

 

                        TITLE 49--TRANSPORTATION

 

                      DEPARTMENT OF TRANSPORTATION

 

PART 390_FEDERAL MOTOR CARRIER SAFETY REGULATIONS; GENERAL--Table of 

Contents

 

             Subpart B_General Requirements and Information

 

Sec. 390.21  Marking of CMVs.



    (a) General. Every self-propelled CMV, as defined in Sec. 390.5, 

subject to subchapter B of this chapter must be marked as specified in 

paragraphs (b), (c), and (d) of this section.

    (b) Nature of marking. The marking must display the following 

information:

    (1) The legal name or a single trade name of the motor carrier 

operating the self-propelled CMV, as listed on the motor carrier 

identification report (Form MCS-150) and submitted in accordance with 

Sec. 390.19.

    (2) The motor carrier identification number issued by the FMCSA, 

preceded by the letters ``USDOT''.

    (3) If the name of any person other than the operating carrier 

appears on the CMV, the name of the operating carrier must be followed 

by the information required by paragraphs (b)(1), and (2) of this 

section, and be preceded by the words ``operated by.''

    (4) Other identifying information may be displayed on the vehicle if 

it is not inconsistent with the information required by this paragraph.

    (5) Each motor carrier shall meet the following requirements 

pertaining to its operation:

    (i) All CMVs that are part of a motor carrier's existing fleet on 

July 3, 2000, and which are marked with an ICCMC number must come into 

compliance with paragraph (b)(2) of this section by July 3, 2002.

    (ii) All CMVs that are part of a motor carrier's existing fleet on 

July 3, 2000, and which are not marked with the legal name or a single 

trade name on both sides of their CMVs, as shown on the Motor Carrier 

Identification Report, Form MCS-150, must come into compliance with 

paragraph (b)(1) of this section by July 5, 2005.

    (iii) All CMVs added to a motor carrier's fleet on or after July 3, 

2000, must meet the requirements of this section before being put into 

service and operating on public ways.

    (c) Size, shape, location, and color of marking. The marking must--

    (1) Appear on both sides of the self-propelled CMV;

    (2) Be in letters that contrast sharply in color with the background 

on which the letters are placed;



[[Page 317]]



    (3) Be readily legible, during daylight hours, from a distance of 50 

feet (15.24 meters) while the CMV is stationary; and

    (4) Be kept and maintained in a manner that retains the legibility 

required by paragraph (c)(3) of this section.

    (d) Construction and durability. The marking may be painted on the 

CMV or may consist of a removable device, if that device meets the 

identification and legibility requirements of paragraph (c) of this 

section, and such marking must be maintained as required by paragraph 

(c)(4) of this section.

    (e) Rented CMVs. A motor carrier operating a self-propelled CMV 

under a rental agreement having a term not in excess of 30 calendar days 

meets the requirements of this section if:

    (1) The CMV is marked in accordance with the provisions of 

paragraphs (b) through (d) of this section; or

    (2) The CMV is marked as set forth in paragraph (e)(2)(i) through 

(iv) of this section:

    (i) The legal name or a single trade name of the lessor is displayed 

in accordance with paragraphs (c) and (d) of this section.

    (ii) The lessor's identification number preceded by the letters 

``USDOT'' is displayed in accordance with paragraphs (c) and (d) of this 

section; and

    (iii) The rental agreement entered into by the lessor and the 

renting motor carrier conspicuously contains the following information:

    (A) The name and complete physical address of the principal place of 

business of the renting motor carrier;

    (B) The identification number issued the renting motor carrier by 

the FMCSA, preceded by the letters ``USDOT,'' if the motor carrier has 

been issued such a number. In lieu of the identification number required 

in this paragraph, the following may be shown in the rental agreement:

    (1) Information which indicates whether the motor carrier is engaged 

in ``interstate'' or ``intrastate'' commerce; and

    (2) Information which indicates whether the renting motor carrier is 

transporting hazardous materials in the rented CMV;

    (C) The sentence: ``This lessor cooperates with all Federal, State, 

and local law enforcement officials nationwide to provide the identity 

of customers who operate this rental CMV''; and

    (iv) The rental agreement entered into by the lessor and the renting 

motor carrier is carried on the rental CMV during the full term of the 

rental agreement. See the leasing regulations at 49 CFR 376 for 

information that should be included in all leasing documents.

    (f) Driveaway services. In driveaway services, a removable device 

may be affixed on both sides or at the rear of a single driven vehicle. 

In a combination driveaway operation, the device may be affixed on both 

sides of any one unit or at the rear of the last unit. The removable 

device must display the legal name or a single trade name of the motor 

carrier and the motor carrier's USDOT number.



[65 FR 35296, June 2, 2000]