FMCSA-DRV-392.9-Q002.nj_.docx (25.68 KB)
§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
Effective Date: Sunday, May 4, 1997
Issued Date: Sunday, May 4, 1997
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.
