What is in the Cab of Your Truck?

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This week's safety bulletin discusses the importance of inspecting what is inside the cab of your truck. Read the full safety bulletin here and subscribe to receive future safety bulletins straight to your inbox.

This is a photo of the inside of a truck stopped by the Nebraska Highway Patrol in 2019!

When did you last look inside one of your drivers' trucks?

Over the years of inspecting and looking inside commercial motor vehicles for the companies I have worked for, I have seen the following items inside trucks that present unique, dangerous situations to the driver and unnecessary liability exposure to the company: armadillos, dogs, cats, snakes, a folding chair, television on the dash, milk crates, garbage, windows tinted beyond federal regulations, stuffed animals in the windshield, alcohol, drugs, firearms, radar detectors, and unauthorized passengers.

The Federal Motor Carrier Safety Regulations prohibit some of these items, while others are restricted. Regardless of the laws, your company's safety policy and procedures manual should address each to ensure the safe operation of your commercial motor vehicles.

Please review the following Federal Motor Carrier Safety Regulations with your drivers as it pertains to:

Items in the windshield, garbage, and clutter inside the cab

CFR 394.8(3) Interference with driver. Any object obstructing the view threatens the driver and others on the road. No motor vehicle should be driven when any object obscures the view ahead, to the right or left sides, or the rear, or interferes with the free movement of the driver's arms or legs, or prevents their free and ready access to the accessories required for emergencies, or prevents the free and ready exit of any person from the cab or driver's compartment.

(4) Property on motor vehicles. No vehicle transporting persons and property shall be driven unless such property is stowed in a manner that will ensure:

Unrestricted freedom of motion to the driver for proper operation of the vehicle;
Unobstructed passage to all exits by any person and
Adequate protection to passengers and others from injury due to the displacement or falling of such articles.

CFR 393.60

Prohibition on obstructions to the driver's field of view—(1) Devices mounted at the top of the windshield. Antennas, transponders, and similar devices must not be mounted more than 152 mm (6 inches) below the upper edge of the windshield. These devices must be located outside the area swept by the windshield wipers and outside the driver's sight lines to the road and highway signs and signals.

Decals and stickers are mounted on the windshield. Commercial Vehicle Safety Alliance (CVSA) inspection decals and stickers required under Federal or State laws may be placed at the bottom or sides of the windshield, provided such decals or stickers do not extend more than 115 mm (4½ inches) from the bottom of the windshield and are located outside the area swept by the windshield wipers, and outside the driver's sight lines to the road and highway signs or signals.

FMCSA Interpretation of CFR 393.60

Question 1: May windshields and side windows be tinted?

Guidance: Yes, as long as the light transmission is not restricted to less than 70 percent of the average (refer to the American Standards Association publication Z26.1-1966 and Z26.1a-1969).

Question 2: May a decal designed to comply with the periodic inspection documentation requirements of §396.17 be displayed on the windshields or side windows of a commercial motor vehicle (CMV)?

Guidance: Yes, provided the decal is being used in place of an inspection report and complies with §393.60(c).

Question 3: If a crack extended into the thickness of the glass at such an angle as to measure 1/4" or more, measuring from the top edge of the damage on the outside surface of the windshield to vertical line drawn through the windshield to the far edge of this angled crack on the inside of the windshield, would this constitute a crack of 1/4" or more in width as defined in §393.60(b)(2)?

Guidance: No. To fall outside the exception, the crack would have to be a gap of 1/4" or more on the same surface of the windshield.

Unauthorized Passengers

392.60 Unauthorized persons are not to be transported.

Unless expressly authorized in writing by the motor carrier under whose authority the commercial motor vehicle is being operated, no driver shall transport any person or permit any person to be transported on any commercial motor vehicle other than a bus. When such authorization is issued, it shall state the name of the person to be transported, the points where the transportation is to begin and end, and the date upon which such authority expires. No written authorization, however, shall be necessary for the ride of:

Employees or other persons assigned to a commercial motor vehicle by a motor carrier;
Any person transported when aid is being rendered in case of an accident or other emergency

Tinting of Windows

393.60 Glazing in specified openings Coloring or tinting of windshields and the windows to the immediate right and left of the driver is allowed, provided the parallel luminous transmittance through the colored or tinted glazing is not less than 70 percent of the light at normal incidence in those portions of the windshield or windows which are marked as having a parallel luminous transmittance of not less than 70 percent. The transmittance restriction does not apply to other windows on the commercial motor vehicle.

Televisions

393.88 Television receivers.

Any motor vehicle equipped with a television viewer, screen, or other means of visually receiving a television broadcast shall have the viewer or screen located in the motor vehicle at a point to the rear of the back of the driver's seat if such viewer or screen is in the same compartment as the driver and the viewer or screen shall be so located as not to be visible to the driver, while they are driving the motor vehicle. The operating controls for the television receiver shall be located far from the driver, so they cannot operate them without leaving the driver's seat.

Alcohol

392.5 Alcohol prohibition.

Be on duty or operate a commercial motor vehicle. At the same time, the driver possesses wine with not less than one-half of one percentum of alcohol by volume, beer as defined in 26 USC 5052(a) of the Internal Revenue Code of 1954, and distilled spirits as defined in section 5002(a)(8) of such Code. However, this does not apply to the possession of wine, beer, or distilled spirits that are manifested and transported as part of a shipment.

Drugs and controlled substances

392.4 Drugs and other substances.

(a) No driver shall be on duty and possess, be under the influence of, or use any of the following drugs or other substances:
(a)(1) Any 21 CFR 1308.11 Schedule I substance;
(a)(2) An amphetamine or any formulation thereof (including, but not limited to, "pep pills" and "bennies");
(a)(3) A narcotic drug or any derivative thereof; or
(a)(4) Any other substance to a degree which renders the driver incapable of safely operating a motor vehicle.
- (b) No motor carrier shall require or permit a driver to violate paragraph (a) of this section.
- (c) Paragraphs (a)(2), (3), and (4) do not apply to the possession or use of a substance administered to a driver by or under the instructions of a licensed medical practitioner, as defined in §382.107 of this subchapter, who has advised the driver that the substance will not affect the driver’s ability to operate a motor vehicle safely.
- (d) As used in this section, "possession" does not include possession of a substance that is manifested and transported as part of a shipment.

Animals

The Federal Motor Carrier Safety regulations do not specifically address animals inside of a commercial motor vehicle.

Firearms

Firearms are not explicitly regulated by federal regulation. Instead, each state has laws regarding the transportation of firearms in motor vehicles. Most states have concealed weapon laws that make it illegal to transport a firearm concealed in any motor vehicle without a permit.

Radar Detectors

392.71 Radar Detectors; use and/or possession.

(a) No driver shall use a radar detector in a commercial motor vehicle or operate a commercial motor vehicle equipped with or containing any radar detector.
(b) No motor carrier shall require or permit a driver to violate paragraph (a) of this section.

Department of Health and Human Services (HHS) to Consider Adding Fentanyl to Drug Testing Panel

On October 17, 2023, the Substance Abuse and Mental Health Services Administration (SAMHSA), an operating division within the Department of Health and Human Services (HHS), published a notice in the Federal Register announcing that its Center for Substance Abuse Prevention (CSAP) Drug Testing Advisory Board (DTAB) will convene via web conference on December 5, 2023. The board will discuss the Mandatory Guidelines for Federal Workplace Testing Programs and possible updates to the analyte table to include fentanyl.

The Department of Transportation and its operating administrations (including the Federal Motor Carrier Safety Administration) must follow the HHS scientific guidelines for DOT-regulated drug testing laboratory procedures. Thus, participants in the DOT transportation industry drug testing program, including motor carrier employers, should be aware of this issue that HHS is considering. Any change to the HHS analyte table may affect the DOT testing program under 49 CFR Part 40, but only after DOT conducts its rulemaking.

The advisory board will meet in an open session on December 5, 2023, from 10 a.m. to 4:30 p.m. EST. The board will discuss the Mandatory Guidelines for Federal Workplace Drug Testing Programs and updates to the analyte table to include fentanyl. Additionally, DHHS is asking for public comments on the recommendation of adding fentanyl and nor-fentanyl to the analyte table.

Meeting registration information can be completed at https://snacregister.samhsa.gov/. Web conference and call information will be sent after completing registration.

This week FAQ’s:

Where can I find a guide that explains the size, height, and weight requirements for commercial motor vehicles by state and province?

XTRA Lease FREE Size and Weight Guide

What do the FMCSA regulations say about my driver who has a current medical certificate but has developed a medical condition that would make the operation of a commercial motor vehicle (CMV) questionable and possibly unsafe?

FMCSA regulations prohibit a driver from beginning or continuing to drive if their ability and/or alertness is impaired by: fatigue, illness, or any cause that makes it unsafe to begin (continue) to drive a commercial vehicle.

Even if a driver currently has a valid medical certificate, the driver is prohibited from driving a CMV with any medical condition that would be disqualifying or may interfere with the safe operation of a CMV. Once a disqualifying medical condition is resolved, and before resuming operation of CMV, a driver is responsible for obtaining re-certification from a Medical Examiner. FMCSA CFR 391.45

The Number #1 violation by frequency during a roadside inspection is a light violation!

Here are some tips to help avoid light violations during a roadside inspection.

Inoperable lights are apparent.

Ironically, an inoperable light is one of the most visible defects a vehicle can have. That is why it tops the annual list of common roadside violations because inspectors can spot a broken lamp a mile away.

To avoid light violations, consider these tips:

Drivers must check all required lights during their daily pre- and post-trip inspections — it is required under §392.7 and §396.11.
Refer to §393.11 for a list of all DOT-required lights, and make sure drivers know what is required depending on their vehicle type.
All lights on the unit must work! Even lights that are not required by the FMCSA. Lights not working will generate a violation and depending on the light could cause an OOS violation.
Drivers must make sure their lights are not only working, but clean. A dirty light may not meet the candlepower standards and could result in a violation. Make sure drivers have cleaning supplies in the vehicle.
Drivers must also ensure all required reflective tape and reflectors are in place and clean. (Conspicuity) If tape or a reflector was required at the time of manufacture, it must be maintained — you can find the manufacturing standards in 49 CFR §571.108.
Drivers must carry spare fuses for any light circuit that relies on a fuse. This is required under §393.95. Though not required, drivers may also want to carry spare bulbs.

*The Idealease Safety Bulletin is provided for Idealease locations and their customers and is not to be construed as a complete or exhaustive source of compliance or safety information. The Idealease Safety Bulletin is advisory in nature and does not warrant, guarantee, or otherwise certify compliance with laws, regulations, requirements, or guidelines of any local, state, or Federal agency and/or governing body, or industry standard.