Idaho Admin. Code r. 11.13.01.019

Current through August 31, 2023
Section 11.13.01.019 - CARRIER SAFETY REQUIREMENTS
01.Adoption of Federal Regulations - Exceptions. (3-23-22)
a. All interstate and foreign carriers and intrastate carriers, except those carriers listed in Subsection 019.01.b. of this rule, subject to the safety authority of the Idaho State Police while operating in Idaho that transport passengers or property, must comply with 49 CFR Parts 356, 365, 382, 383, 385, 387, 388 and 390 through 399, and the law and rules of the state of Idaho (except Part 391.11(b)(1) for intrastate carriers). (3-23-22)
b. Intrastate carriers operating commercial motor vehicles transporting property with a GVW, GVWR, GCW or GCWR greater than ten thousand (10,000) pounds and up to twenty-six thousand (26,000) pounds, subject to the authority of the Idaho State Police, must comply with 49 CFR Part 390 Subpart A, Part 391.15, Parts 392, 393, and Part 396.1, 396.3(a), (a)(1), and (a)(2), and 396.5 through 396.9 and the law and rules of the state of Idaho. All intrastate carriers transporting placardable quantities of hazardous material under 49 CFR Part 172, Subpart F and passengers, meeting the definition of a commercial motor vehicle, must comply with 49 CFR Parts 356, 365, 382, 383, 385, 387, 388 and 390 through 399, and the law and rules of the state of Idaho (except Part 391.11(b)(1) for intrastate carriers). (3-23-22)
c. The subject matter of 49 CFR 391.11(b)(1) is a twenty-one (21) year minimum age for drivers of commercial vehicles subject to federal safety regulation. Intrastate carriers subject to the safety authority of the Idaho State Police may hire drivers who are eighteen (18) years or older as set forth in Section 49-303, Idaho Code. (3-23-22)
02.Obligation of Familiarity with Rules. All interstate and foreign carriers and all intrastate carriers subject to Section 019, must obtain copies of the federal regulations adopted by reference in Subsection 019.01 of this rule, and make them available to their drivers and other personnel affected by the regulations. Failure to be familiar with these federal regulations adopted by reference is a violation of this Subsection 019.02 of this rule, for any carrier subject to those regulations. The federal regulations adopted by reference address the following subject matter: (3-23-22)
a. Part 356. Motor Carrier Routing Regulations. (3-23-22)
b. Part 365. Rules Governing Application for Operating Authority. (3-23-22)
c. Part 380. Longer Combination Vehicle (LCV) Driver-Training and Driver-Instructor Requirements. (3-23-22)
d. Part 382. Controlled Substance and Alcohol Use and Testing. (3-23-22)
e. Part 383. Commercial Driver's License Standards; Requirements and Penalties. (3-23-22)
f. Part 385. Safety Fitness Procedures. (3-23-22)
g. Part 386.71-84. Rules of Practice for Motor Carrier, Intermodal Equipment Provider, Broker, Freight Forwarder, and Hazardous Materials Proceedings. (3-23-22)
h. Part 387. Minimum Levels of Financial Responsibility. (3-23-22)
i. Part 388. Cooperative Agreements with States. (3-23-22)
j. Part 390. Federal Motor Carrier Safety Regulations: General. (3-23-22)
k. Part 391. Qualifications of Drivers. (3-23-22)
l. Part 392. Driving of Commercial Motor Vehicles. (3-23-22)
m. Part 393. Parts and Accessories Necessary for Safe Operation. (3-23-22)
n. Part 395. Hours of Service of Drivers. (3-23-22)
o. Part 396. Inspection, Repair and Maintenance. (3-23-22)
p. Part 397. Transportation of Hazardous Materials; Driving and Parking Rules. (3-23-22)
q. Part 398. Transportation of Migrant Workers. (3-23-22)
r. Part 399. Employee Safety and Health Standards. (3-23-22)
03.Recognition of Federal Waivers. Whenever a driver or carrier has applied to a federal agency and been granted a waiver from any of the requirements of the federal regulations adopted in Subsection 019.01 of these rules, the federal waiver will also be recognized under these rules. The Department reserves the authority to implement a waiver program and grant waivers on the state level for intrastate commercial motor vehicle drivers. (3-23-22)

Idaho Admin. Code r. 11.13.01.019