§392.9 Inspection of cargo, cargo securement devices and systems.
Guidance Q&A
Question 2:Does the FMCSA have authority to enforce the safe loading requirements against a shipper that is not the motor carrier?
Guidance: No, unless HM as defined in §172.101 are involved. It is the responsibility of the motor carrier and the driver to ensure that any cargo aboard a vehicle is properly loaded and secured.
Regulatory Topic: Inspection of cargo and cargo securement
As an expert in transportation regulations and compliance, I have a deep understanding of the Federal Motor Carrier Safety Administration (FMCSA) guidelines and their implications for the industry. My expertise is grounded in a comprehensive knowledge of regulatory frameworks and their practical applications.
The document referenced, "FMCSA-DRV-392.9-Q002.nj_.docx," appears to be a specific guidance document related to §392.9 of the FMCSA regulations. This section, titled "Inspection of cargo, cargo securement devices and systems," outlines the responsibilities regarding the proper loading and securement of cargo aboard commercial vehicles.
Guidance Q&AQuestion 2 from the document addresses the authority of the FMCSA to enforce safe loading requirements against a shipper that is not the motor carrier. The guidance provides a clear answer, stating that the FMCSA does not have authority to enforce safe loading requirements against a shipper unless hazardous materials (HM) as defined in §172.101 are involved. This underscores the importance of the motor carrier and the driver in ensuring that any cargo aboard a vehicle is properly loaded and secured.
The regulatory topic, "Inspection of cargo and cargo securement," falls under §392.9 of the FMCSA regulations. This section emphasizes the significance of inspecting cargo and its securement devices and systems to ensure compliance with safety standards. The effective date of this regulation is Sunday, May 4, 1997, and it was issued on the same date.
In summary, the FMCSA places the responsibility for safe loading and securement of cargo on the motor carrier and the driver. The document you provided offers guidance on the enforcement authority of the FMCSA in relation to shippers, highlighting the exceptions when dealing with hazardous materials. This underscores the regulatory commitment to maintaining the safety and integrity of cargo transportation within the industry.
Question 2: Does the FMCSA have authority to enforce the safe loading requirements against a shipper that is not the motor carrier? Guidance: No, unless HM as defined in §172.101 are involved.
Additionally, drivers are always responsible for safe operation of their vehicle – this includes properly securing anything that could separate from your vehicle, creating dangerous obstacles on the road.
The shipper is the party responsible for properly loading and securing hazardous materials (hazmat) on a vehicle. This is an important responsibility because hazmat can pose significant risks if not handled properly during transportation.
The shipper's responsibility is to classify and describe the HM in accordance with Parts 172 and 173. The shipper must determine that the packaging or container is an authorized packaging, including all special requirements, and that the package has been manufactured, assembled and marked in accordance with the HMR.
Motor carriers are responsible for ensuring that their drivers know and comply with the FMCSRs and HMRs listed in Title 49 of the U.S. Code of Federal Regulations . If a driver fails to comply, it will affect the carrier's safety record.
Who is responsible for load restraint? Load restraint safety is everyone's business. Under the Heavy Vehicle National Law (HVNL)*, anyone across the supply chain who conducts, controls or influences transport-related activities is responsible for complying with load restraint laws.
The driver is always responsible for ensuring cargo is safe, even if he did not load it. The Federal Motor Carrier Safety Administration (FMCSA) has special requirements in the driver's handbook regarding securing cargo, including a mandate that a securement system be in place.
The driver of a truck who is able to inspect the cargo prior to departure must assure himself that the cargo is properly distributed and adequately secured.
The Department of Transportation's (DOT) Pipeline and Hazardous Materials Safety Administration (PHMSA) is responsible for the safe and secure transportation of hazardous materials (hazmat). Hazmat is essential to the economy of the United States and the well-being of its people.
FMCSA requires that cargo securement systems be capable of withstanding the forces associated with following three deceleration/accelerations, applied separately:
0.8 g deceleration in the forward direction;
0.5 g acceleration in the rearward direction; and.
Per the regulations put forth by the Federal Motor Carrier Safety Administration, truck drivers and trucking companies are responsible for securing the cargo load on their trucks.
As the lead federal government agency responsible for regulating and providing safety oversight of commercial motor vehicles (CMVs), FMCSA's mission is to reduce crashes, injuries, and fatalities involving large trucks and buses.
Leadership. Sue Lawless currently serves as the Acting Administrator of the FMSCA, she also serves as the agency's Executive Director and Chief Safety Officer. Raymond P.Martinez was sworn in as Administrator of the FMCSA on February 28, 2018.
Although the FMCSA is part of the DOT, they are different. The FMCSA focuses on the trucking industry, while the DOT oversees various transportation sectors.
OSHA states that companies with warehouses and distribution centers are responsible for the safety of their employees, which obviously includes dock personnel, and requires that all vehicles are, at minimum, restrained by wheel chocks prior to and during loading and unloading.
Final answer: The responsibility for checking the security of a trailer before loading or unloading falls on the driver or the workers involved in the transportation or logistics company. They should inspect the trailer's doors, locks, and seals as well as its mechanical components to ensure safety and security.
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