Unsafe Driver BASIC Section 392 Safe Driver Dos and Don Ts

Unsafe Driver BASIC Section 392 Safe Driver Dos and Don’ts

Introduction

This material is the first of several elements to be developed as a part of an upcoming NLBMDA Fleet Safety and Compliance Toolkit. These Dos and Don’ts are based on the Federal Motor Carrier Safety Administration’s (FMCSA’s) driver safety regulations found in Section 392 of Title 49 of the Code of Federal Regulations. Each regulatory section is identified in the FMCSA’s Safety Measurement System’s (SMS’s) Unsafe Driver BASIC Table of Violations.

BASIC (Behavior Analysis and Safety Improvement Categories) is a means for FMSCA to organize compliance of carriers based on a points system through on-road performance, including roadside inspections, and investigations of crash, accident, and moving violation data. SMS, a part of the Compliance-Safety-Accountability (CSA) program, is FMCSA’s system for identifying unsafe carriers that should receive interventions.

The Unsafe Driver BASIC, one of seven BASIC categories, is defined as – Operation of commercial motor vehicles (CMVs) in a dangerous or careless manner. Example violations include: speeding, reckless driving, improper lane change, texting while operating a CMV, not wearing safety belts.

For more information on CSA, SMS and the seven BASIC categories, see NLBMDA’s BASIC Primer and FMCSA’s SMS Methodology: BASIC Prioritization Status (Revised February 2016).

NLBMDA’s Dos and Don’ts are organized based on the numeric order of the FMSCA regulations. To find the violation severity rating for each section, refer to the Table of Violations to determine their respectively assigned points. See NLBMDA’s Summary of Driver Dos and Don’ts for these same regulatory sections organized by pre-driving requirements, requirements during driving or operation of a CMV, and requirements in the event the driver must stop the CMV on a road or its shoulder.

It is also important to note that there are additional requirements not included here for drivers of CMVs carrying hazardous materials (see 49 CFR 397). There are also specific regulatory sections, not included here, addressing cargo securement (see 49 CFR XXX).

Safe Driver Dos and Don’ts

1.  Don’t drive while your ability or alertness is impaired or likely to become impaired because of fatigue, illness or other causes. (392.3: Ill or fatigued operator)

2.  Don’t possess, be under the influence of, or use any drugs or other controlled substances while on duty. (392.4: Drugs and other substances)

3.  Don’t use alcohol or be under the influence of alcohol within 4 hours before going on duty or operating a CMV. (392.5: Alcohol prohibition)

4.  Don’t use, be under the influence of alcohol, or have any measured alcohol concentration while on duty or operating a CMV. (392.5: Alcohol prohibition)

5.  Do confirm that the following parts and accessories are in good working order before driving: service brakes (including trailer brakes), parking brake, steering mechanism, lighting devices and reflectors, tires, horn, windshield wiper(s), rear-vision mirror(s), coupling devices, wheels and rims, emergency equipment. (392.7: Equipment, inspection and use)

6.  Do confirm that the required emergency equipment is in place and ready for use. (See section 393.95 for the required emergency equipment.) (392.8: Emergency equipment, inspection and use)

7.  Do confirm before driving that the CMV’s cargo is properly distributed and adequately secured. (See Sections 393.100 through 393.136.) (392.9: Inspection of cargo, cargo securement devices and systems)

8.  Don’t begin to drive unless the cargo or any other object does not obscure the driver’s view ahead or the right or left sides, or interfere with the free movement of the driver’s arms or legs, prevents the drivers ready access to accessories required for emergencies or prevent the free and ready exit of any person from the CMV. (392.9: Inspection of cargo, cargo securement devices and systems)

9.  Don’t cross a railroad track (where the crossing is not controlled by a functioning highway traffic signal) without first stopping within 15 to 50 feet of the tracks, looking and listening (stop, look and listen to ascertain that no train is approaching). (392.10: Railroad grade crossings; stopping required)

10. Only drive the CMV across the tracks in a gear that permits the CMV to complete the crossing without a change of gears: Do not shift gears while crossing the tracks. (392.10: Railroad grade crossings; stopping required)

11. Don’t drive onto a highway-rail grade crossing without having sufficient space to drive completely through the crossing without stopping. (392.12: Highway-rail crossings; safe clearance)

12. Do exercise extreme caution (including driving at a reduced speed) when driving in hazardous conditions such as those caused by snow, ice, sleet, fog, mist, rain, dust or smoke that can adversely affect visibility and/or traction. (392.14: Hazardous conditions; extreme caution)

13. Don’t continue to drive if hazardous driving conditions become sufficiently dangerous and do not resume until the CMV can be safely operated. (392.14: Hazardous conditions; extreme caution)

14. Do use seat belts (seat belts must be properly used) at all times while driving. (392.16: Use of seat belts)

15. Do immediately activate the vehicular hazard warning signal flashers whenever the CMV is stopped upon the traveled portion of a highway or shoulder for any cause other than necessary traffic stops. This must precede the placement of required warning devices. (392.22(a): Emergency signals; stopped commercial motor vehicles; Hazard warning signal flashers)

16. Do place the required warning devices (as required under Section 393.95) within 10 minutes of stopping upon the traveled portion of a highway or shoulder for any cause other than necessary traffic stops in the following manner –

1)  One on the traffic side of a 4 paces from the CMV in the direction of approaching traffic;

2)  One at 40 paces from the CMV in the center of the traffic lane or shoulder occupied by the CMV and in the direction of approaching traffic;

3)  One at 40 paces from the CMV in the center of the traffic lane or shoulder occupied by the CMV and in the direction away from approaching traffic.

(392.22(b): Emergency signals; stopped commercial motor vehicles; Placement of warning devices)

The use of warning devices is also subject to the following special rules –

1)  Where the CMV is equipped only fusees and liquid-burning flares, maintain at least one lighted fusee or flare at the same prescribe locations above.

2)  During daylight hours when lighted lamps are not required, use three bidirectional reflective triangles, or three lighted fusees or flares in the same prescribed locations above.

3)  In business or residential districts, warning devices are not required except during the time lighted lamps are required and when street of highway lighting is insufficient to make the CMV clearly discernable at a distance of 500 feet to persons on the highway.

4)  Where a CMV is stopped within 500 feet of a curve, crest of a hill, or other obstruction, place the warning signal in the direction of the obstruction a distance of 100 feet to 500 feet from the CMV so as to give ample warning to other users of the highway.

5)  Where the CMV is stopped on the traveled portion or shoulder of a divided or one-way highway, place one warning device 200 feet and one warning device 100 feet in the direction of approaching traffic in the center of the lane or shoulder occupied, and place on warning device at the traffic side of the CMV within 10 feet of the rear of the vehicle.

6)  If gasoline or any other flammable liquid, combustible liquid or gas seeps or leaks from a fuel container, no emergency warning signal producing a flame should be lighted or placed except at a distance sufficient to assure the prevention of fire or explosion.

(392.22(b)(2): Emergency signals; stopped commercial motor vehicles; Placement of warning devices; Special rules)

17. Don’t place or attach a lighted fuse or other flame producing emergency signal to any part of the CMV. (392.24: Emergency signals; flame producing)

18. Don’t drive a CMV when any of the required lamps or reflective devices (per section 393, subpart B) are obscured by the tailboard or any part of the load or its covering, by dirt, or other added vehicle or equipment. (392.33: Obscured lamps or reflective devices/material)

19. Don’t fuel the CMV while its engine is running, don’t smoke or expose an open flame in the vicinity of a CMV being fueled, don’t fuel the CMV except when the nozzle of the fuel hose is continuously in contact with the intake pipe of the fuel tank, and don’t allow any other person to engage in any activity that would likely result in fire or explosion. (392.50: Ignition of fuel; prevention)

20. Don’t use a radar detector in a CMV or operate a CMV that is equipped with a radar detector. (392.71: Radar detectors; use and/or possession)

21. Don’t text while driving a CMV, which includes operating the CMV with the motor running 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.) (392.80: Prohibition against texting)

22. Don’t use a hand-held mobile telephone while driving a CMV, which includes operating the CMV with the motor running 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.) (392.82: Using a hand-held mobile telephone)

Other Sections Cited

Each truck and truck tractor must be equipped as follows –

Fire extinguishers – One fire extinguisher rated B, C, or more, one that does not need protection from freezing, properly labeled or marked by the manufacturer, with a visual indicator to determine if fully charged, readily accessible for use, and securely mounted to prevent sliding, rolling, or vertical movement.

Spare Fuses – At least one spare fuse for each type/size needed for parts and accessories.

Warning devices for stopped vehicles – One of the following must be used:

1)  Three (3) bidirectional emergency reflective triangles

2)  At least six (6) fusees or three (3) liquid burning flares, or as many as are necessary to satisfy the requirements of section 392.22.

3)  Other warning devices may be used in addition to, but not in lieu of, the required warning devices, so long as any additional warning device does not diminish the effectiveness of the required warning device.

There are specific restrictions on the use of flame producing devices.

Each fuse must be capable of burning for 30 minutes and each liquid-burning flare must have enough fuel to burn continuously for at least 60 minutes.

Red flags may not be less that 12 inches square, with standards adequate to maintain the flags in an upright position.

(393.95: Emergency equipment on all power units)

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Unsafe Driver BASIC Section 392 Driver Dos and Don’ts

© NLBMDA September 2016