Directives - Table of Contents|
| Record Type:||Instruction|
| Directive Number:||CPL 02-01-030|
| Old Directive Number:||CPL 2-1.30|
| Title:||Chocking of Tractor Trailer under the Powered Industrial Truck Standard|
| Information Date:||10/19/1999|
| Standard Number:||1910.178; 1910.178(k)(1); 1910.178(m)(7)|
By and Under the Authority of
OSHA Instruction CPL 2.103, Field Inspection Reference Manual (FIRM), September 26, 1994.
29 C.F.R. §1910.178(k)(1) (Trucks and Railroad Cars) and §1910.178(m)(7) (Truck Operations (Brakes)).
49 C.F.R. §393.5, §393.40 (Required Brake Systems) and §393.41 (Parking Brake Systems).
SECRETARY OF LABOR v. MUSHROOM TRANSPORTATION COMPANY, INC., 1 BNA OSHC 1390, 1973-74 CCH OSHD 16,881 (OSAHRC Docket No. 1588, November 7, 1973).
NOTE: In order to effectively enforce safety and health standards, guidance to compliance staff is necessary. Therefore, although States are not necessarily subject to the same jurisdictional limitations as OSHA and adoption of this instruction is not required, States are expected to have appropriate enforcement policies and procedures in place which are at least as effective as those of Federal OSHA.
NOTE: This definition of "commercial motor vehicle" is similar to the definition of that term for the Surface Transportation Assistance Act (STAA) Whistleblower program (49 U.S.C. §31101 and §31105), but different from it with respect to passengers. The definition in §31132(1), which governs the DOT Office of Motor Carrier Safety program, should be kept in mind with respect to all Section 4(b)(1) questions involving commercial motor vehicles.
However, regardless of these exceptions for agricultural commodity trailers, heavy haulers, and pulpwood trailers, failure to meet the requirements of 1910.178(k)(1) and 1910.178(m)(7) for these trailers may be cited in circumstances where the vehicle is not a "commercial motor vehicle" for the purposes of DOT jurisdiction. Furthermore, any employer may be cited for failure to meet .178(k)(1) and .178(m)(7) with respect to trucks or trailers that it does not own, operate, or lease.
TITLE 49 -- TRANSPORTATION
DEPARTMENT OF TRANSPORTATION
PART 393 -- PARTS AND ACCESSORIES NECESSARY FOR SAFE OPERATION -- Table of Contents
Subpart I -- Protection Against Shifting or Falling Cargo
Sec. 393.106 Front-end structure.
(a) General rule. (1) Except as provided in paragraph (g) of this section, every cargo-carrying motor vehicle must be equipped with a headerboard or similar device of sufficient strength to prevent load shifting and penetration or crushing of the driver's compartment.
(2) On and after the effective dates specified in paragraph (h) of this section, every cargo-carrying motor vehicle must have a front-end structure that conforms to the rules in this section.
(b) Location. The front-end structure must be located between the vehicle's cargo and the vehicle's driver.
(c) Height and width. The front-end structure must extend either to a height of 4 feet above the floor of the vehicle or to a height at which it blocks forward movement of any item of cargo being carried on the vehicle, whichever is lower. The front-end structure must have a width which is at least equal to the width of the vehicle or which blocks forward movement of any item of cargo being transported on the vehicle, whichever is narrower.
(d) Strength. The front-end structure must be capable of withstanding the horizontal forward static load specified in either paragraph (d) (1) or (2) of this section.
(1) For a front-end structure less than 6 feet in height, a horizontal forward static load equal to one half (\½\) of the weight of the cargo being transported on the vehicle uniformly distributed over the entire portion of the front-end structure that is within 4 feet above the vehicle's floor or that is at or below a height above the vehicle's floor at which it blocks forward movement of any item of the vehicle's cargo, whichever is less.
(2) For a front-end structure 6 feet in height or higher, a horizontal forward static load equal to four-tenths (0.4) of the weight of the cargo being transported on the vehicle uniformly distributed over the entire front-end structure.
(e) Penetration resistance. The front-end structure must be designed, constructed and maintained so that it is capable of resisting penetration by any item of cargo that contacts it when the vehicle decelerates at a rate of 20 feet per second per second. The front-end structure must have no aperture large enough to permit any item of cargo in contact with the structure to pass through it.
(f) Substitute devices. The requirements of this section may be met by the use of devices performing the same functions as a front-end structure, if the devices are at least as strong as, and provide protection against shifting cargo at least equal to, a front-end structure which conforms to those requirements.
(g) Exemptions. The following motor vehicles are exempt from the rules in this section:
(1) A vehicle which is designed and used exclusively to transport other vehicles, if each vehicle it transports is securely tied down by devices that conform to the requirements of Sec. 393.102.
(2) A pole trailer or semitrailer being towed by a truck tractor that is equipped with a front-end structure that conforms to the rules in this section.
(3) A full trailer being towed by a vehicle that is equipped with a front-end structure that conforms to the requirements of this section for a front-end structure.
(4) A full trailer being towed by a vehicle that is loaded in such a manner that the cargo on the towing vehicle conforms to the requirements of this section for a front-end structure.
(5) The rules in paragraphs (d) and (e) of this section do not apply to a motor vehicle manufactured before January 1, 1974.
(h) Effective dates. Cargo-carrying motor vehicles which are not exempted by paragraph (g) of this section must conform to the rules in this section as follows:
Directives - Table of Contents|