[Code of Federal Regulations]

[Title 49, Volume 5]

[Revised as of October 1, 2006]

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

[CITE: 49CFR393.76]



[Page 421-422]

 

                        TITLE 49--TRANSPORTATION

 

        CHAPTER III--FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION,

                      DEPARTMENT OF TRANSPORTATION

 

PART 393_PARTS AND ACCESSORIES NECESSARY FOR SAFE OPERATION--Table of Contents

 

              Subpart G_Miscellaneous Parts and Accessories

 

Sec.  393.76  Sleeper berths.



    (a) Dimensions--(1) Size. A sleeper berth must be at least the 

following size:



------------------------------------------------------------------------

                                                                Height

                                       Length        Width     measured

                                     measured on   measured      from

                                     centerline       on        highest

   Date of installation on motor         of       centerline   point of

              vehicle               longitudinal      of        top of

                                        axis      transverse   mattress

                                      (inches)       axis      (inches)

                                                   (inches)       \1\

------------------------------------------------------------------------

Before January 1, 1953............           72           18          18

After December 31, 1952, and                 75           21          21

 before October 1, 1975...........

After September 30, 1975..........           75           24          24

------------------------------------------------------------------------

\1\ In the case of a sleeper berth which utilizes an adjustable

  mechanical suspension system, the required clearance can be measured

  when the suspension system is adjusted to the height to which it would

  settle when occupied by a driver.



    (2) Shape. A sleeper berth installed on a motor vehicle on or after 

January 1, 1953 must be of generally rectangular shape, except that the 

horizontal corners and the roof corners may be rounded to radii not 

exceeding 10\1/2\ inches.

    (3) Access. A sleeper berth must be constructed so that an 

occupant's ready entrance to, and exit from, the sleeper berth is not 

unduly hindered.

    (b) Location. (1) A sleeper berth must not be installed in or on a 

semitrailer or a full trailer other than a house trailer.

    (2) A sleeper berth located within the cargo space of a motor 

vehicle must be securely compartmentalized from the remainder of the 

cargo space. A sleeper berth installed on or after January 1, 1953 must 

be located in the cab or immediately adjacent to the cab and must be 

securely fixed with relation to the cab.

    (c) Exit from the berth. (1) Except as provided in paragraph (c)(2) 

of this section, there must be a direct and ready means of exit from a 

sleeper berth into the driver's seat or compartment. If the sleeper 

berth was installed on or after January 1, 1963, the exit must be a 

doorway or opening at least 18 inches high and 36 inches wide. If the 

sleeper berth was installed before January 1, 1963, the exit must have 

sufficient area to contain an ellipse having a major axis of 24 inches 

and a minor axis of 16 inches.

    (2) A sleeper berth installed before January 1, 1953 must either:

    (i) Conform to the requirements of paragraph (c)(1) of this section; 

or

    (ii) Have at least two exits, each of which is at least 18 inches 

high and 21 inches wide, located at opposite ends of the vehicle and 

useable by the occupant without the assistance of any other person.

    (d) Communication with the driver. A sleeper berth which is not 

located within the driver's compartment and has no direct entrance into 

the driver's compartment must be equipped with a means of communication 

between the occupant and the driver. The means of communication may 

consist of a telephone, speaker tube, buzzer, pull cord, or other 

mechanical or electrical device.

    (e) Equipment. A sleeper berth must be properly equipped for 

sleeping. Its equipment must include:

    (1) Adequate bedclothing and blankets; and

    (2) Either:

    (i) Springs and a mattress; or



[[Page 422]]



    (ii) An innerspring mattress; or

    (iii) A cellular rubber or flexible foam mattress at least four 

inches thick; or

    (iv) A mattress filled with a fluid and of sufficient thickness when 

filled to prevent ``bottoming-out'' when occupied while the vehicle is 

in motion.

    (f) Ventilation. A sleeper berth must have louvers or other means of 

providing adequate ventilation. A sleeper berth must be reasonably tight 

against dust and rain.

    (g) Protection against exhaust and fuel leaks and exhaust heat. A 

sleeper berth must be located so that leaks in the vehicle's exhaust 

system or fuel system do not permit fuel, fuel system gases, or exhaust 

gases to enter the sleeper berth. A sleeper berth must be located so 

that it will not be overheated or damaged by reason of its proximity to 

the vehicle's exhaust system.

    (h) Occupant restraint. A motor vehicle manufactured on or after 

July 1, 1971, and equipped with a sleeper berth must be equipped with a 

means of preventing ejection of the occupant of the sleeper berth during 

deceleration of the vehicle. The restraint system must be designed, 

installed, and maintained to withstand a minimum total force of 6,000 

pounds applied toward the front of the vehicle and parallel to the 

longitudinal axis of the vehicle.



[39 FR 14711, Apr. 26, 1974; 39 FR 17233, May 14, 1974, as amended at 53 

FR 49401, Dec. 7, 1988]