[Federal Register Volume 77, Number 109 (Wednesday, June 6, 2012)]
[Rules and Regulations]
[Page 33331]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-13657]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

49 CFR Part 395


Regulatory Guidance on the Applicability of Property-Carrier 
Hours-of-Service Rules to the Driveaway Operation of Vehicles Designed 
to Transport Passengers

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice of regulatory guidance.

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SUMMARY: The property-carrier hours-of-service (HOS) rules in 49 CFR 
395.3 are applicable to drivers operating commercial motor vehicles 
designed or used to transport passengers on ``driveaway-towaway'' 
trips, as defined in 49 CFR 390.5. This notice provides Federal and 
State enforcement personnel, and the motor carrier industry, with 
uniform guidance concerning these rules.

DATES: Effective Date: This regulatory guidance is effective June 6, 
2012.

FOR FURTHER INFORMATION CONTACT: Thomas L. Yager, Chief, Driver and 
Carrier Operations Division, Federal Motor Carrier Safety 
Administration, 1200 New Jersey Ave. SE., Washington, DC 20590. Email: 
[email protected]. Phone (202) 366-4325.

SUPPLEMENTARY INFORMATION: 

Legal Basis

    The Motor Carrier Act of 1935 provides that ``The Secretary of 
Transportation may prescribe requirements for (1) qualifications and 
maximum hours of service of employees of, and safety of operation and 
equipment of, a motor carrier; and (2) qualifications and maximum hours 
of service of employees of, and standards for equipment of, a motor 
private carrier, when needed to promote safety of operation'' [49 
U.S.C. 31502(b)].
    The Motor Carrier Safety Act of 1984 (MCSA) confers on the 
Secretary the authority to regulate drivers, motor carriers, and 
vehicle equipment. It requires the Secretary to prescribe safety 
standards for commercial motor vehicles (CMVs). At a minimum, the 
regulations must ensure that (1) CMVs are maintained, equipped, loaded, 
and operated safely; (2) the responsibilities imposed on operators of 
CMVs do not impair their ability to operate the vehicles safely; (3) 
the physical condition of operators of CMVs is adequate to enable them 
to operate the vehicles safely; and (4) the operation of CMVs does not 
have a deleterious effect on the physical condition of the operator [49 
U.S.C. 31136(a)]. The Act also grants the Secretary broad power to 
``prescribe recordkeeping and reporting requirements'' and to ``perform 
other acts the Secretary considers appropriate'' [49 U.S.C. 31133(a)(8) 
and (10)].
    The Administrator of FMCSA has been delegated authority to carry 
out the functions vested in the Secretary by the Motor Carrier Act of 
1935 [49 CFR 1.73(l)], and the MCSA [Sec.  1.73(g)]. The provisions 
affected by this Notice of Regulatory Guidance are based on these 
statutes.

Background

    This document adds regulatory guidance on the applicability of the 
hours-of-service (HOS) regulations for property-carrying drivers in 49 
CFR 395.3 to drivers of vehicles designed or used to transport 
passengers, while operating the vehicle on a ``driveaway-towaway'' trip 
as defined 49 CFR 390.5. These drivers often work for motor carriers 
that specialize in delivery of commercial motor vehicles (CMVs), and 
they do not operate CMVs to transport passengers on a regular basis.
    The Sec.  390.5 definition of ``driveaway-towaway'' is ``* * * an 
operation in which an empty or unladen motor vehicle with one or more 
sets of wheels on the surface of the roadway is being transported: (1) 
Between vehicle manufacturer's facilities; (2) between a vehicle 
manufacturer and a dealership or purchaser; (3) between a dealership, 
or other entity selling or leasing the vehicle, and a purchaser or 
lessee; (4) to a motor carrier's terminal or repair facility for the 
repair of disabling damage (as defined in Sec.  390.5) following a 
crash; (5) to a motor carrier's terminal or repair facility for repairs 
associated with the failure of a vehicle component or system; or (6) by 
means of a saddle-mount or tow-bar.''

Reason for This Notice

    Section 395.3 prescribes the primary HOS regulations applicable to 
property-carrying drivers, and Sec.  395.5 prescribes the comparable 
regulations for passenger-carrying drivers. Neither the term 
``property-carrying'' nor ``passenger-carrying'' is defined in these 
regulations. The FMCSA has received inquiries from motor carriers as to 
whether the property-carrying or passenger-carrying HOS rules would 
apply in driveaway situations usually involving the delivery of a bus, 
motorcoach, or similar CMV from the manufacturer or distributor to the 
dealer, or similar scenario. The Agency agrees that regulatory guidance 
is needed to clarify applicability of the HOS regulations. For the 
reasons explained above, FMCSA issues Regulatory Guidance Question 1 to 
Sec.  395.5 of the FMCSRs.

PART 395--HOURS OF SERVICE OF DRIVERS


Sec.  395.5  ``Maximum driving time for passenger-carrying vehicles.''

    ``Question 1: Would a driver delivering an empty commercial motor 
vehicle designed or used to carry passengers, from the manufacturer or 
distributor to a dealer, or otherwise engaged in a ``driveaway-
towaway'' trip as defined in Sec.  390.5, be required to comply with 
the hours-of-service regulations for passenger-carrying drivers?
    Guidance:
    No. The property-carrier hours-of-service rules in Sec.  395.3 are 
applicable to drivers operating commercial motor vehicles designed or 
used to transport passengers in a ``driveaway-towaway'' operation, as 
defined in Sec.  390.5.''

    Issued on: May 29, 2012.
Anne S. Ferro,
 Administrator.
[FR Doc. 2012-13657 Filed 6-5-12; 8:45 am]
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