Driving Commercial Motor Vehicles (FMCSR 392)


General Information

These regulations deal with the general operations of commercial motor vehicles.  All motor carriers should always ensure that their drivers operate in accordance with the laws, ordinances and regulations of the jurisdiction in which they operate.  


Prohibited Practices While Driving CMVs

Fatigue - When a driver's ability or alertness is so impaired, or so likely to become impaired, through fatigue, illness, or any other cause, as to make it unsafe for him to begin or continue to operate the commercial motor vehicle, the driver shall not operate a commercial motor vehicle, and a motor carrier shall not require or permit a driver to operate a commercial motor vehicle.

Alcohol/Drugs - Drivers are prohibited from possessing or being under the influence of any Schedule 1 substance, narcotic drug or any other substance which may render the driver incapable of safely operating a motor vehicle.  Special care and consideration should also be used when the driver is using any medication prescribed by a medical professional.  Drivers are prohibited from possessing or being under the influence of alcohol while on duty, and within 4 hours before going on duty or operating or having control of a commercial motor vehicle.  This rule does not apply to alcohol which is manifested and transported as part of a shipment or used and possessed by bus passengers.

Cargo Securement - All motor carriers must ensure that drivers always properly distribute and secure any cargo.  A driver may not operate a commercial motor vehicle and a motor carrier may not require or permit a driver to operate a commercial motor vehicle unless the commercial motor vehicle's cargo is properly distributed and adequately secured and the vehicle's tailgate, doors, tarps, tie-downs, spare tire and other equipment used in its operation, are secured.

Railroad Crossing - Drivers of certain commercial motor vehicles shall not cross a railroad track unless he first stops within 50 feet but not closer than 15 feet to the tracks and listens and looks in each direction along the tracks for an approaching train.  When it is safe to do so, the driver may drive across the tracks without changing gears. These vehicles include passenger carrying vehicles and vehicle transporting Hazardous Materials.  Drivers of all other commercial motor vehicles will, upon approaching a railroad crossing, drive at a rate of speed which will permit it to be stopped before reaching the nearest rail of the crossing and then proceed when it is safe and clear.

RADAR Detectors - RADAR detectors shall not be used by a driver in a commercial motor vehicle or operate a commercial motor vehicle that is equipped with or contains a radar detector.  Motor carriers shall not require or permit a driver to violate the radar detector provisions.

Texting/Phones - No driver shall engage in texting or operate a hand-held mobile telephone while driving and no motor carrier shall allow or require its drivers to engage in texting or using a hand-held telephone while driving.

For the purpose of this section only, driving means operating a commercial motor vehicle, with the motor running, including while temporarily stationary because of traffic, a traffic control device, or other momentary delays. Driving does not include operating a commercial motor vehicle with or without the motor running when the driver moved the vehicle to the side of, or off, a highway and halted in a location where the vehicle can safely remain stationary.


Related Federal Regulations

Fatigued Driving (FMCSR Part 392.3)

Alcohol/Drug Use and Possession (FMCSR Part 392.4 and 392.5)

Cargo Securement (FMCSR Part 392.9)

Railroad Crossing ((FMCSR Part 392.10 and 392.11)

RADAR Detectors (FMCSR Part 392.71)

Texting/Phones (FMCSR Part 392.80 and 392.82)

Intrastate Commerce Exemptions

Colorado Adoptions (42-4-235(4)(a) C.R.S.)

Applies only to carriers operating within Colorado (intrastate commerce)

Part 392 has been adopted for intrastate carriers with no modifications.