[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: 49CFR392.9]



[Page 355]

 

                        TITLE 49--TRANSPORTATION

 

                      DEPARTMENT OF TRANSPORTATION

 

PART 392_DRIVING OF COMMERCIAL MOTOR VEHICLES--Table of Contents

 

                            Subpart A_General

 

Sec. 392.9  Inspection of cargo, cargo securement devices and systems.



    (a) General. A driver may not operate a commercial motor vehicle and 

a motor carrier may not require or permit a driver to operate a 

commercial motor vehicle unless--

    (1) The commercial motor vehicle's cargo is properly distributed and 

adequately secured as specified in Sec. Sec. 393.100 through 393.142 of 

this subchapter.

    (2) The commercial motor vehicle's tailgate, tailboard, doors, 

tarpaulins, spare tire and other equipment used in its operation, and 

the means of fastening the commercial motor vehicle's cargo, are 

secured; and

    (3) The commercial motor vehicle's cargo or any other object does 

not obscure the driver's view ahead or to the right or left sides 

(except for drivers of self-steer dollies), interfere with the free 

movement of his/her arms or legs, prevent his/her free and ready access 

to accessories required for emergencies, or prevent the free and ready 

exit of any person from the commercial motor vehicle's cab or driver's 

compartment.

    (b) Drivers of trucks and truck tractors. Except as provided in 

paragraph (b)(4) of this section, the driver of a truck or truck tractor 

must--

    (1) Assure himself/herself that the provisions of paragraph (a) of 

this section have been complied with before he/she drives that 

commercial motor vehicle;

    (2) Inspect the cargo and the devices used to secure the cargo 

within the first 50 miles after beginning a trip and cause any 

adjustments to be made to the cargo or load securement devices as 

necessary, including adding more securement devices, to ensure that 

cargo cannot shift on or within, or fall from the commercial motor 

vehicle; and

    (3) Reexamine the commercial motor vehicle's cargo and its load 

securement devices during the course of transportation and make any 

necessary adjustment to the cargo or load securement devices, including 

adding more securement devices, to ensure that cargo cannot shift on or 

within, or fall from, the commercial motor vehicle. Reexamination and 

any necessary adjustments must be made whenever--

    (i) The driver makes a change of his/her duty status; or

    (ii) The commercial motor vehicle has been driven for 3 hours; or

    (iii) The commercial motor vehicle has been driven for 150 miles, 

whichever occurs first.

    (4) The rules in this paragraph (b) do not apply to the driver of a 

sealed commercial motor vehicle who has been ordered not to open it to 

inspect its cargo or to the driver of a commercial motor vehicle that 

has been loaded in a manner that makes inspection of its cargo 

impracticable.



[67 FR 61224, Sept. 27, 2002]