Scope and Applicability (49 C.F.R. § 392.1 – 392.2)
Legal Commentary : The first of these regulations sets out who must comply with the rules and regulations included in this regulatory scheme. The term “motor carriers” refers to commercial trucking companies or transportation companies. The regulation provides for those who work for motor carriers, as well as those responsible for hiring and training and even dispatching drivers, must comply with these regulations.
The second regulation states that commercial motor vehicles must operate in compliance with the laws of the jurisdiction in which it is being operated and that when the federal regulations are more stringent, operators must comply with the federal law. This means that a carrier cannot operate in a way that is less stringent than these regulations require.
Thus, in the event a state a lesser standard for some area of the operation of trucking, the federal rules would have to be followed even if they impose a “higher standard of care.” This effectively protects the public from companies or operators who might try to avoid higher standards by making these federal standards the applicable standard regardless of where a company might be operating.
In a Georgia trucking accident case there can be many parties involved, both in the accident and in the litigation that might follow. It is important to hire a lawyer with the expertise to find all responsible parties, including companies and individuals who could be responsible or liable for injuries or damages.
To speak with Gwinnett County vehicle accident lawyer Charles Scholle, please contact Scholle Law for a free evaluation of your semi-trailer truck crash case. You can also call us toll-free at 1-866-972-5287 or in Atlanta at 770-717-5100.
§ 392.1 Scope of the rules in this part.
Every motor carrier, its officers, agents, representatives, and employees responsible for the management, maintenance, operation, or driving of commercial motor vehicles, or the hiring, supervising, training, assigning, or dispatching of drivers, shall be instructed in and comply with the rules in this part.
[53 FR 18057, May 19, 1988, as amended at 60 FR 38746, July 28, 1995]
§ 392.2 Applicable operating rules.
Every commercial motor vehicle must be operated in accordance with the laws, ordinances, and regulations of the jurisdiction in which it is being operated. However, if a regulation of the Federal Motor Carrier Safety Administration imposes a higher standard of care than that law, ordinance or regulation, the Federal Motor Carrier Safety Administration regulation must be complied with.
[35 FR 7800, May 21, 1970, as amended at 60 FR 38746, July 28, 1995]