Standard Interpretations - (Archived) Table of Contents|
June 7, 1991
MEMORANDUM FOR: MICHAEL G. CONNORS REGIONAL ADMINISTRATOR THROUGH: LEO CAREY, DIRECTOR OFFICE OF FIELD PROGRAMS FROM: PATRICIA K. CLARK, DIRECTOR DIRECTORATE OF COMPLIANCE PROGRAMS SUBJECT: Request for Revision of OSHA Instruction STD 1-11.5This is in response to your memorandum of January 12 requesting a revision of STD 1-11.5. Please accept my apology for the delay in our written response. That directive has been reviewed and we agree that it needs revision as a result of changes to the Department of Transportation (DOT) Federal Motor Carrier Safety Regulations (49 CFR Part 390, et seq.) published in the Federal Register, May 19, 1988.
DOT's new regulations affect the background section 3, paragraphs "c" and "d" of STD 1-11.5. The Action paragraph was not affected. As to paragraph "c", DOT has redefined the term "commercial motor vehicle"; this new definition will be our guide for enforcement.
In essence, DOT Regulations extend to any employer who owns or leases a "commercial motor vehicle" or assigns employees to operate it. 49 CFR 390.3(a)9 and 390.5. A "commercial motor vehicle" is defined as any self-propelled or towed vehicle used on public highways in interstate commerce:
a. to transport passengers or property;
b. when the vehicle has a gross vehicle weight rating or gross combination weight rating of 10,001 or more pounds;
c. or the vehicle is designed to transport more than fifteen passengers, including the driver;
d. the vehicle is used in the transportation of hazardous materials in a quantity requiring placarding under regulations issued by DOT regulation 49 CFR 390.5.
The change in the DOT regulations also did away with the need for paragraph "d" of the background section of the STD.
The enforcement policy contained in STD 1-11.5 will remain unchanged.
Until the Instruction is revised, this memo will serve as your guidance for
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