Hi again, list.
I was casually thumbing through the interpretations section of the Federal
Motor Carrier Safety Regulations with you guys in mind....hoping to find
some little tidbit that might help set in stone some of the concepts I have
imparted to you earlier and maybe raise some new topics.
Interpretations come from questions put to Federal Motor Carrier, asking for
clarification. Some are complex....some are simple.
Keep in mind that this is Federal Law which sets threshold limits for the
states.....whose laws may vary somewhat but are no less stringent.
If you have been reading along, lets see how you do......I have selected
these because I felt they would be the most beneficial to the largest
portion of the group. By the way, for the purpose of these interpretations,
it is presumed that the vehicle is being used in interstate commerce. A
website that will be of interest to all of you is www.fmcsa.dot.gov/ .
Enjoy.
The topic is
Part 383.91 Vehicle Groups:
Question: Is a driver of a combination vehicle with a gross combined weight
rating (GCWR) of less than 26,001# required to obtain a CDL even if the
trailer gross vehicle weight rating GVWR of the trailer is more than
10,000#?
Guidance: No, because the GCWR is less than 26,001#. (However, the driver
would need a CDL if the vehicle is transporting Hazardous Materials in an
amount requiring the vehicle to be placarded -or- if it is transporting 16
or more persons.)
Question: Do tow truck operators need CDL's? If so, in what vehicle groups?
Guidance: For CDL purposes, the tow truck and its towed vehicle are treated
the same as any other powered unit towing a non-powered unit.
Question: (This may be tricky for you.....read carefully.) A driver is
operating a truck with a GVWR of 26,000#, towing a trailer with a GVWR of
10,000#. Therefore the GCWR is 36,000#. Does the driver need a CDL and if
so, what class (or group) CDL must he have?
Guidance: The trailer GVWR does not meet the threshold 10,001#, therefore it
is not considered in determining CDL. The truck GVWR does not meet the
threshold 26.001# therefore it also is not considered in determing CDL.
No CDL is required.
Part 383.95 Air Brake Restrictions
Question: May a driver who has an air brake restriction (applicant either
fails the air brake component of the knowledge test or performs the skills
test in a vehicle not equipped with air brakes) operate a commercial motor
vehicle CMV equipped with an air-over-hydraulic brake system?
Guidance: No. The term "air brakes" includes any braking system operating
fully OR partially on the air brake principal.
Part 393.11 Lighting Devices and Reflectors
Question: May retroreflective tape be used in place of side reflex
reflectors?
Guidance: Retroreflective tape conforming to Federal Spec L-S-300, "Sheeting
and Tape, Reflective; Nonexposed Lens, Adhesive Backing,"may be used in
place of side reflex reflectors if this material as used on the vehicle,
meets the performance standards in either Table I or Table IA of Society of
Automotove Engineers (SAE-rated) J594f, Reflex Reflectors, January 1977.
(In a nutshell it has to say "SAE" on it, but I thought you might like to
read through some of the bullshit I have to read through every time I need
an answer.)
Part 393.40 Required Brake Systems
Question: May a system such as "driveline brakes" be used as an emergency
brake provided it complies with the requirements of part 393.52? (Basically
the same requirements as the service brakes.)
Guidance: Yes, CMVs which were not subject to the emergency brake
requirements of Federal Motor Vehicle Safety Standard (FMVSS) Nos. 105 or
121 may use "driveline brakes" provided those vehicles meet the requirements
of part 393.52. (What I have to add here is very much conjecture on my
part, but I believe that most HMV would NOT be subject to the FMVSS when
manufactured...ergo, if you do not have, say spring brakes with your air
brake system, your driveline brakes should be permissable if they meet the
requirements of part 393.52)
Later guys.
TJ
This archive was generated by hypermail 2b29 : Mon Mar 05 2001 - 07:58:32 PST