Introduction

The Tree Care Industry Association has produced this simplified guide to Federal Motor Carrier regulatory compliance to address the needs and issues of the typical greens-industry service firm. It abbreviates and simplifies the rules and guidance provided by the Federal Motor Carrier Safety Administration (FMCSA).

This guide provides basic compliance guidance to the Federal Motor Carrier Safety Regulations (FMCSRs). However, it is not intended to be a substitute for these regulations. For more explicit or detailed instruction, we recommend that you obtain a complete copy of the FMCSRs, Parts 300-399. To purchase these documents, contact the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402, telephone: (202) 512-1800. They can be accessed online at www.gpoaccess.gov

State DOT laws preempt Federal requirements. To visit your state DOT web site for more information online, type the following address into your internet browser’s address line: www.fhwa.dot.gov/webstate.htm

This Management Guide is comprised of twelve parts, each containing a specific safety regulation topic that is covered in the FMCSRs. These parts are listed in the Table of Contents. Please feel free to reproduce any or all material in this Management Guide and to distribute copies as needed. Updates and other DOT regulatory guidance will be regularly posted on TCIA’s web site, www.treecareindustry.org

Although we have made every effort to assure that the information we provide is complete and accurate, it is not intended to take the place of published FMCSA/DOT regulations. This document summarizes and paraphrases the Federal Motor Carrier Safety Regulations published in Title 49 of the U.S. Code of Federal Regulations.

In May 2004, the Federal Motor Carrier Safety Administration issued a final rule requiring training on four specific topics for entry-level drivers who are involved in interstate commerce and subject to CDL requirements.

§380.502 An entry-level driver is a driver with less than 1 years experience operating a CMV with a CDL in interstate commerce.

Compliance date
§380.500 Employers must ensure that each entry-level driver who first began operating a CMV in interstate commerce requiring a CDL between July 20, 2003, and July 20, 2004, has had the required training no later than October 18, 2004.

§380.509 Employers must ensure that entry-level drivers who will first operate a CMV after July 20, 2004, have received the required training before driving a CMV.

Training areas
§380.503 Entry-level driver training must include instruction addressing the following four areas:
· Driver qualification - The Federal rules on medical certification, medical examination procedures, general qualifications, responsibilities, and disqualifications based on various offenses, orders, and loss of driving privileges (part 391, subparts B and E)
· Hours of service - The limitations on driving hours, the requirement to be off-duty for certain periods of time, record of duty status preparation, and exceptions (part 395 of this subchapter). Fatigue countermeasures as a means to avoid crashes.
· Driver wellness - Basic health maintenance including diet and exercise. The importance of avoiding excessive use of alcohol.
· Whistleblower protection - The right of an employee to question the safety practices of an employer without the employee's risk of losing a job or being subject to reprisals simply for stating a safety concern (29 CFR part 1978).

Employer responsibilities
· Each employer must place a copy of the driver's training certificate in the driver's personnel or qualification file.
· The driver's training certificate shall be available for inspection at the employer's principal place of business within two business days after a request has been made by an authorized representative.
· §380.511 The certificate must be kept for as long as the employer employs the driver and for one year thereafter.

Proof of training
§380.513 An employer who uses an entry-level driver must ensure the driver has received a training certificate containing the following seven items of information:
· Date of certificate issuance.
· Name of training provider.
· Mailing address of training provider.
· Name of driver.
· A statement that the entry-level driver has completed training requirements set forth in the Federal Motor Carrier Safety Regulations for entry-level driver training in accordance with 49 CFR 380.503.
· The printed name of the person attesting that the driver has received the required training.
· The signature of the person attesting that the driver has received the required training.

§390.3 Federal Motor Carrier Safety Regulations (FMCSRs) apply to all employers, employees, and commercial motor vehicles transporting property or passengers in interstate commerce .

Don’t be misled by the term, “interstate commerce .” DOT’s definition of that term is sufficiently broad that it generally includes most arborist driving activities.

Guidance: Interstate commerce is determined by the essential character of the movement, manifested by the shipper's fixed and persistent intent at the time of shipment, and is ascertained from all of the facts and circumstances surrounding the transportation. When the intent of the transportation being performed is interstate in nature, even when the route is within the boundaries of a single State, the driver and commercial motor vehicle are subject to the FMCSRs.

Question 13: A motor carrier dispatches an empty commercial motor vehicle from State A into adjoining State B in order to transport cargo or passengers between two points in State B, and then to return empty to State A. Does the transportation of cargo or passengers within State B constitute interstate commerce?

Guidance: Yes. The courts and the ICC developed a test that clarifies the legal status of intrastate portions of interstate trips. The character of the intrastate leg depends on the shipper's fixed and persistent intent when the transportation began. The fixed and persistent intent in this case was to move property--the vehicle itself--across State lines and between two points in State B where it was used to haul cargo or passengers. The transportation within State B, therefore, constitutes interstate commerce. In some cases the motor carrier may be the shipper.

Question 21: Does the exemption in §390.3(f)(3) for the "occasional transportation of personal property by individuals not for compensation nor in the furtherance of a commercial enterprise" apply to persons who occasionally use commercial motor vehicles to transport cars, boats, horses, etc., to races, tournaments, shows or similar events, even if prize money is offered at these events?

Guidance: The exemption would apply to this kind of transportation, provided: (1) The underlying activities are not undertaken for profit, i.e., (a) prize money is declared as ordinary income for tax purposes, and (b) the cost of the underlying activities is not deducted as a business expense for tax purposes; and, where relevant; (2) corporate sponsorship is not involved. Drivers must confer with their State of licensure to determine the licensing provisions to which they are subject.

§390.5 A commercial motor vehicle is any self-propelled or towed motor vehicle used on a highway in interstate commerce to transport passengers or property when the vehicle:

· Has a gross vehicle weight rating or gross combination weight rating, or gross vehicle weight or gross combination weight, of 10,001 pounds (4,536 kg) or more, whichever is greater; or

· Is used in transporting a quantity of hazardous material requiring placarding .

Question 11: A company has a truck with a GVWR under 10,001 pounds towing a trailer with a GVWR under 10,001 pounds. However, the GVWR of the truck added to the GVWR of the trailer is greater than 10,001 pounds. Would the company operating this vehicle in interstate commerce have to comply with the FMCSRs?

Guidance: §390.5 of the FMCSRs includes in the definition of commercial motor vehicle a vehicle with a GVWR or GCWR of 10,001 or more pounds. The section further defines GCWR as the value specified by the manufacturer as the loaded weight of a combination (articulated) vehicle. Therefore, if the GVWR of the truck added to the GVWR of the trailer exceeds 10,001 pounds, the driver and vehicle are subject to the FMCSRs.

Guidance: The term "immediate" means without an unreasonable delay. A person immediately receives medical treatment if he or she is transported directly from the scene of an accident to a hospital or other medical facility as soon as it is considered safe and feasible to move the injured person away from the scene of the accident.

Guidance: No. An individual who does not receive active medical intervention for injuries directly related to the occurrence, has not received "medical treatment" as that term is used in §390.5. The observation or check up alone would not make the occurrence an "accident" for purposes of the FMCSRs.

Accident register

An accident is an occurrence involving a commercial motor vehicle operating on a public road that results in at least one of the following:

· Bodily injury to a person who, as a result of the injury, immediately receives medical treatment away from the scene of the accident

· Disabling damage to one or more motor vehicles, requiring the vehicle(s) to be towed or otherwise transported from the scene by a tow truck or other vehicle (excluding tire disablement without other damage even is no spare tire is available)

§390.15 For a period of one year after an accident occurs, motor carriers are required to maintain an accident register containing the following information for each incident:

Motor carriers are also required to maintain copies of all accident reports required by State or other governmental entities or insurers for a period of one year after an accident occurs.

Guidance: The documents required by §390.15(b)(2) include all information about a particular accident generated by a motor carrier or driver to fulfill its accident reporting obligations to State or other governmental entities or that motor carrier's insurer. The language of paragraph (b)(2) does not require a motor carrier to seek out, obtain, and retain copies of accident reports prepared by State investigators or insurers.

Motor carrier identification report

§390.19 Each motor carrier that conducts operations in interstate commerce must file a Motor Carrier Identification Report, Form MCS-150 before it begins operations and every 24 months thereafter.

Forms may be sent to Federal Motor Carrier Safety Administration, Data Analysis and Information Systems, MC-RIS, 400 Seventh Street, SW, Washington, DC 20590. Upon receipt and processing of the Motor Carrier Identification Report, Form MCS-150, the FMCSA will issue the motor carrier an identification number (USDOT number).

Vehicle identification

§390.21 Every commercial motor vehicle operated by a motor carrier in interstate commerce must be marked, on BOTH sides of vehicle, with the following:

Relief from regulations during emergencies

§390.23 Relief from Parts 390-399 of the FMCSRs may be granted during declared emergencies to any motor carrier who provides direct emergency assistance. For instance, your firm may qualify for such an exemption if your crews are called into service for storm cleanup activities. You should not assume that you are automatically provided this relief. Instead, you should contact your local DOT office to determine how to proceed if circumstances arise that you feel may qualify your company for regulatory relief, and if you feel that you may not be able to comply with regulatory requirements under the circumstances.

Local emergencies ‑ This exemption shall not exceed the duration of the motor carrier's or driver's direct assistance in providing emergency relief, or 5 days from the date of the initial declaration of the emergency or the exemption from the regulations by the FMCSA Field Administrator, whichever is less.

Regional emergencies ‑ Except as provided in §390.25 , this exemption shall not exceed the duration of the motor carrier's or driver's direct assistance in providing emergency relief, or 30 days from the date of the initial declaration of the emergency or the exemption from the regulations by the FMCSA Field Administrator, whichever is less.

Question 2: §390.23(a) provides that parts 390 through 399 do not apply to any motor carrier or driver operating a commercial motor vehicle to provide direct assistance in an emergency. Is a motor carrier or driver required to keep a record of the driver's on-duty or driving time while providing relief?

Forms

Motor carriers must assure that all drivers of commercial motor vehicles meet certain minimum qualifications.

Driver Requirements

q Speak and read English well enough to converse with the general public, understand highway traffic signs and signals, respond to official questions, and be able to make legible entries on reports and records. [1]

q Provide an employing motor carrier with a list of all motor vehicle violations or a signed statement that the driver has not been convicted of any motor vehicle violations during the past 12 months.

q Complete an application for employment meeting requirements set out in §391.21

Guidance: No. Neither the CDL requirements in part 383 nor the FMCSRs in parts 390-399 require drivers engaged purely in intrastate commerce to be 21 years old. The States may set lower age thresholds for intrastate drivers.

Driver Qualification File - Checklist

§391.51 Every motor carrier must have a qualification file for each regularly employed driver.

q DRIVER'S APPLICATION FOR EMPLOYMENT A person will not be allowed to drive a commercial motor vehicle unless he/she has completed and signed an application for employment. §391.21

q INQUIRY TO PREVIOUS EMPLOYERS— 3 YEARS An investigation of the driver's employment record during the preceding three years. This investigation must be made within 30 days of the date employment begins. §391.23

q INQUIRY TO STATE AGENCIES— 3 YEARS An investigation of the driver's driving record for the preceding three years. This investigation must be made within 30 days of the date employment begins. §391.23

q ANNUAL REVIEW OF DRIVING RECORD A motor carrier must reinquire with State Agencies annually into the driving record of each driver it employs, covering at least the preceding 12 months. A note stating the results of this review shall be included in the Driver's Qualification File. §391.25

q ANNUAL DRIVER'S CERTIFICATION OF VIOLATIONS A motor carrier must annually require each driver that it employs to prepare and furnish it with a list of all violations of motor vehicle traffic laws and ordinances during the previous 12 months. Note: CDL drivers who have provided information required by their licensing requirements need not repeat that information in this annual list of violations. §391.27

q DRIVER'S ROAD TEST CERTIFICATE (or equivalent) A person must not be allowed to drive a commercial motor vehicle until he/she has successfully completed a road test and has been issued a certificate, or a copy of the license or certificate which the motor carrier accepted as equivalent to the driver's road test is received. §391.31

q MEDICAL EXAMINATIONS The driver must pass a medical examination conducted by a licensed health care professional. A driver must be issued a Medical Examiner's Certificate, which must be carried at all times and must be renewed every two years. §391.43

How do I give a DOT road test ?

§391.31 With few exceptions, employees are not supposed to drive commercial motor vehicles unless they have first successfully completed a road test and have been issued a certificate of driver's road test.

The road test must be administered by you or a person you designate, including a third party. If you are the driver in question, then the test must be given by a person other than you.

The test-giver has to be competent to evaluate and determine whether the person who takes the test has demonstrated that he/she is capable of operating the commercial motor vehicle and associated equipment.

The road test has to be long enough to enable the test-giver to evaluate the skill of the person who takes it at handling the commercial motor vehicle and associated equipment.

At a minimum, the employee must be tested, while operating the type of commercial motor vehicle that you intend to assign him/her, on his/her skill at performing each of the following operations:

q coupling and uncoupling of combination units, if the equipment he/she may drive includes combination units

You need to provide a road test form on which the person who gives the test can rate the performance of the person who takes it at each operation or activity that is part of the test. After completing the form, the test-giver needs to sign it.

If the road test is successfully completed, the test-giver needs to complete a certificate of driver's road test (see example on previous page). A copy of the certificate must be given to the employee. You need to keep the original signed road test and original signed certificate in the employee’s driver qualification file.

Guidance: The employer may accept a CDL in lieu of a road test if the driver is required to successfully complete a road test to obtain a CDL in the State of issuance. However, if the employer intends to assign to the driver a vehicle necessitating the doubles/triples or tank vehicle endorsement, the employer must administer the road test under §391.31 in a representative vehicle.

Alternative physical qualification

§391.49 A person who is not physically qualified to drive under §391.49 due to the loss or impairment of limbs and who is otherwise qualified to drive a commercial motor vehicle, may qualify if the Division Administrator, FMCSA, has granted a Skill Performance Evaluation (SPE) Certificate to that person.

Limited exemption

§391.61 Drivers who have been regular employees of a motor carrier for a continuous period that began before January 1, 1971 are exempt from employment application and road test requirements.

Multiple employer drivers

§391.63 If your firm employs a person as a driver on any basis, you must have on file the driver's name, social security number, identification number, type, issuing state of his/her motor vehicle operator's license, medical certificate, road test and certificate, and controlled substance test results.

§391.65 If you use a driver regularly employed by another motor carrier, you must have on file a signed written certificate that includes the driver's name and signature, certification of the driver's full qualifications, and expiration date of the driver's medical examiner's certificate.

Disqualifying offenses

§391.15 A driver is disqualified from operating a commercial motor vehicle on public highways for the following:

· Conviction or forfeiture of bond for the following criminal offenses while driving a commercial motor vehicle:

2) Driving a commercial motor vehicle while under the influence of a disqualifying drug or other controlled substance .

Penalties

A first offender is disqualified for one year following conviction or forfeiture. For a second offense within three years, a driver is disqualified for three years.

Forms

To assist with compliance for this section we have provided ten forms on the CD accompanying this Management Guide. They are:

Illness or fatigue

§392.3 No driver is permitted to operate a motor vehicle when his/her ability and/or alertness is impaired by fatigue, illness, or any other cause that makes it unsafe to begin (or continue) to drive the vehicle.

Guidance: Section 405 of the Surface Transportation Assistance Act of 1982 (49 U.S.C. 31105) states, in part, that no person shall discharge, discipline, or in any manner discriminate against an employee with respect to the employee's compensation, terms, conditions, or privileges of employment for refusing to operate a vehicle when such operation constitutes a violation of any Federal rule, regulation, standard, or order applicable to commercial motor vehicle safety. In such a case, a driver may submit a signed complaint to the Occupational Safety and Health Administration.

Drugs

· Any amphetamine or formulation of an amphetamine (including pep pills and bennies)

Alcohol

§392.5 A driver is forbidden to consume or be under the influence of alcohol within four hours of going on duty , while on duty, or while driving. A driver is forbidden to possess an alcoholic beverage while on duty, unless it is a manifested part of the shipment.

Safe loading and securement

§392.9 No one may drive or require anyone to drive a commercial motor vehicle unless the cargo is properly loaded and secured.

Railroad crossings /stopping

§392.10 Motor vehicles transporting hazardous materials are forbidden to cross railroad tracks without first stopping and looking both ways. Additionally, the driver must not shift gears while crossing the track.

Seat belts

§392.16 A driver must not drive before correctly restraining him/herself, if the vehicle is equipped with
seat belts.

Emergency signals for stopped vehicles

§392.22 A vehicle stopped upon a highway or shoulder must activate the vehicle's hazard warning flashers at once. The driver must leave the flashers on until warning devices are activated. The flashers must again be used while the warning devices are being picked up before the vehicle moves on. The warning devices must be placed as follows (except where special rules apply):

1) One warning device must be placed about 10 feet toward direction of approaching traffic.

2) A second device must be placed about 100 feet toward direction of approaching traffic in the center of the lane or shoulder where the vehicle is stopped.

3) The third device must be placed about 100 feet from stopped vehicle in the direction away from approaching traffic in the center of the lane or shoulder where the vehicle is stopped.

§392.51 Small amounts of fuel for the operation or maintenance of a commercial motor vehicle (including its auxiliary equipment) may be designated as materials of trade (see 49 CFR 171.8).

Use of radar detectors

§392.71 Use or possession of radar detectors in commercial motor vehicles is prohibited.

Every commercial motor vehicle must be equipped with certain standard equipment. Other optional equipment or accessories are permitted only if these items do not decrease the operational safety of the vehicle.

So long as your vehicles were equipped with the proper standard equipment lights , reflectors and brakes when you took ownership and you maintain your vehicles’ standard equipment in good working order; you should be compliant with this section.

Lights

§393.9 All required lights must light on request at an inspection and must light when required during regular operation of the vehicle.

All lights must be permanently and securely mounted on a permanent part of the vehicle. The exceptions are temporary lights, such as those mounted on projecting loads. Temporary lights must be securely attached.

Brakes

§393.40 A commercial motor vehicle must have brakes acting on all wheels adequate to control the movement of, and to stop and hold, the vehicle or combination of vehicles.

§393.41 Commercial motor vehicles manufactured since 1990, except certain trailers, shall be equipped with a parking brake system adequate to hold the vehicle or combination under any condition.

A trailer shall carry sufficient chocking blocks to prevent movement when parked.

§393.43 Every trailer requiring brakes shall be equipped with brakes that apply automatically and promptly upon breakaway from the towing vehicle.

Guidance: No. §393.48 requires that brakes be operable at all times. Generally, surge brakes are only operative when the vehicle is moving in the forward direction and as such do not comply with §393.48.

Windshield Condition

§393.60 A vehicle's windshield must be free of discoloration and cracks from the top of the steering wheel to within two inches of the top of the windshield and one inch at each side.

Fuel Systems

§393.65 commercial motor vehicle fuel systems as well as systems of auxiliary equipment installed on or used in connection with commercial motor vehicles must be located so that:

· Fuel lines do not extend between a towed vehicle and the towing unit while the combination is in motion.

Coupling devices

Section 393.70_Detailed Regs.pdf provides additional requirements for towing , and is provided on the CD with this Management Guide.

Tires

§393.75 No commercial motor vehicle may be operated on a tire with any of the following defects:

· A tread groove pattern depth of less than 4/32 of an inch (front tires) or 2/32 of an inch (other tires)

· Re-grooved tires on front wheels of trucks or truck tractors which have a load carrying capacity equal to or greater than 8.25-20 8-ply rating tires

§393.78 Every truck and truck-tractor shall be equipped with automatic windshield wipers in suitable condition to provide clear vision for the driver against rain, snow, or other moisture.

Exhaust systems

· The exhaust system and discharge must be located where it is not likely to burn or damage the electrical wiring, the fuel supply, nor any combustible part of the vehicle.

· The discharge from the exhaust system must not be located immediately below the fuel tank or the fuel tank filler pipe.

· The exhaust system may not be temporarily repaired with patch or wrap material.

· The exhaust system may not leak or discharge at any point forward of or directly below the driver or passenger compartment.

For trucks and truck tractors, the exhaust system must discharge at a location to the rear of the cab, or above and near the rear of the cab.

Rear end protection (bumpers )

§393.86 Every commercial motor vehicle must be equipped with either bumpers or other devices that prevent the under ride of another vehicle. Tractors, pole trailers, and driveaway-towaway vehicles are exempt.

General requirements for newer trailers and semi-trailers

Each trailer and semi-trailer manufactured on or after January 26, 1998 with a gross vehicle weight rating of 10,000 pounds or more must be equipped with a rear impact guard that meets Federal Motor Vehicle Safety Standard FMVSS requirements in effect at the time the vehicle was manufactured.

Trailer Bumper Dimensions (post 1998)

· The outermost surfaces of the horizontal member of the guard must extend to within 4 inches of the side extremities of the vehicle, but cannot extend beyond the vehicle.

· The bottom edge of the horizontal member of the guard must not be more than 22 inches off the ground at any point across the full width of the member. Guards with rounded corners may curve upward within 10 inches of the side of the vehicle.

· The rearmost surface of the horizontal member of the guard must be within 12 inches of the rear extremity of the vehicle.

· The horizontal member of each guard must have a cross sectional vertical height of at least 3.94 inches at any point across the guard width.

The rear guard must be permanently marked or labeled. The label must be on the forward-facing surface of the horizontal member of the guard, 12 inches inboard of the right end of the guard. The certification label must contain the following information:

· The statement ``Manufactured in ____'' (inserting the month and year that the guard was manufactured)

· The letters “DOT”, constituting a certification by the manufacturer that the guard conforms to all requirements of FMVSS No. 223

Requirements for commercial motor vehicle (except trailers manufactured after 1998)

If the vertical distance between the rear bottom edge of the body (or the chassis assembly if the chassis is the rearmost part of the vehicle) and the ground is greater than 30 inches with the vehicle empty, it must have a rear impact guard.

· The maximum distance between guards, if more than one is used, is no more than 24 inches

· The outermost surfaces of the horizontal member of the guard are no more than 18 inches from each side extremity of the motor vehicle

· The guard(s) are no more than 24 inches forward of the rear extremity of the vehicle

The rear impact guard(s) must be “substantially constructed” and attached by means of bolts, welding, or other comparable means. Low chassis vehicles, special purpose vehicles, or wheels back vehicles constructed and maintained so that the body, chassis, or other parts of the vehicle provide the rear end protection comparable to impact guard(s) are considered to be in compliance.

Flags on projecting loads

§393.87 Any motor vehicle having a load or vehicle component which extends beyond the sides more than 4 inches or more than 4 feet beyond the rear shall have the extremities of the load marked with a red flag, not less than 12 inches square, at each point where a lamp is required by Table 1, §393.11.

Seat belts

§393.93 Commercial motor vehicles must be equipped with seats, seat belt assemblies, and seat belt anchorages compliant with standards that relate to their date of manufacture.

Emergency Equipment

§393.95 Commercial motor vehicles must carry the following emergency equipment :

Fire extinguishers

Fire extinguishers must be securely mounted and readily accessible for use. Each extinguisher must have a gauge or other indicator that shows whether the extinguisher is fully charged, and a label showing its Underwriters' Laboratories (UL) rating.

· One extinguisher with a UL rating of 10 B, C if the vehicle is transporting placardable quantities of hazardous material.

Securing cargo

§393.100 Cargo is required to be loaded and secured so that it will not leak, shift or fall off the vehicle. All parts of a cargo securement system in use must be in proper working order without cracks, cuts or weakened components that will adversely affect their performance or reduce the working load limit.

The cargo securement regulations say that the aggregate (combined) working load limit of the tie-down assemblies used to secure an article against movement in any direction must be at least one-half the weight of the article. You may find the working load limit (WLL) stamped or marked on the tie-down . If you are using a tie-down that isn’t marked, its nominal WLL can be determined from Section 393.108_WLL Table.pdf on the CD.

§393.114 With a few exceptions that are noted below, every cargo carrying motor vehicle must be equipped with a headerboard or similar device of sufficient strength to prevent load shifting and penetration or crushing of the driver's compartment.

Obviously, the headerboard must be located between the vehicle's cargo and the vehicle's driver. It must extend four feet above the floor of the vehicle or to a height that blocks forward movement of any item of cargo being carried on the vehicle, whichever is lower. It must be as wide as the vehicle or wide enough to block forward movement of any cargo being transported on the vehicle, whichever is narrower.

The headerboard must be capable of withstanding the horizontal forward static load specified below:

· Headerboard under six feet high ─ static load equal to one-half (0.5) the weight of the cargo , uniformly distributed over the entire headerboard within four feet of the truck deck, or at/below a height above the vehicle's floor at which the headerboard blocks forward movement of the cargo, whichever is less.

· Headerboard six feet or higher ─ static load equal to four-tenths (0.4) of the cargo weight, uniformly distributed over the entire headerboard .

The headerboard must be designed, constructed, and maintained so that it is capable of resisting penetration by any item of cargo that contacts it when the vehicle decelerates at a rate of 20 feet per second, per second. The headerboard must have no aperture large enough to permit any item of cargo in contact with the structure to pass through it. The requirements of this section may be met by the use of devices performing the same functions as a headerboard , if the devices provide equivalent strength and protection.

· A pole trailer or semi-trailer being towed by a truck tractor that is equipped with a conforming headerboard .

· A full trailer being towed by a vehicle that is equipped with a conforming headerboard .

· A full trailer being towed by a vehicle that is loaded in such a manner that the cargo on the towing vehicle conforms to the requirements of this section.

When a vehicle carries cargo that may shift sideways in transit, the cargo must either be securely blocked or braced against the sides, sideboards, or stakes of the vehicle or be secured by tie-downs.

Basic protection options

· Option A. The vehicle must have sides, sideboards or stakes as well as a rear endgate, endboard or stakes. Those devices must be strong enough and high enough to assure that cargo will not shift upon, or fall from the vehicle. Those devices must have no opening large enough to permit cargo to pass through it.

· Option B. The vehicle must have at least one tie-down assembly that meets all the requirements above for each 10 linear feet of lading or fraction thereof. In addition, the vehicle must have as many additional tie-down assemblies as are needed to secure all cargo being transported either by direct contact between the cargo and the tie-down assemblies or by dunnage which is in contact with the cargo and is secured by tie-down assemblies. Tie-down assemblies or dunnage in contact with sufficient exterior (including topmost) pieces of the cargo and securely holding each interior or lower piece comply with this requirement.

· Option C. The vehicle must have other means of protecting against shifting or falling cargo that are similar to, and at least as effective as, those specified in the two options above.

Suspension systems

§393.207 Suspension systems are required to be structurally sound and in safe working order, including the following:

· Axles must be in proper alignment, and no positioning part can be cracked, broken, loose, or missing.

· Leaf springs must not be cracked, broken, missing, or shifted out of position.

· Air suspensions must support the vehicle in a level position with leakage less than 3 psi in a 5-minute period.

Steering systems

§393.209 Steering system must be in proper working order, which includes the following:

· Steering wheel lash must not exceed the allowable limits found in Table 393-1