49 C.F.R. § 392.3
Ill or fatigued operator
No driver shall operate a commercial motor vehicle, and a motor carrier shall not require or permit a driver to operate a commercial motor vehicle, while the driver's ability or alertness is so impaired, or so likely to become impaired, through fatigue, illness, or any other cause, as to make it unsafe for him/her to begin or continue to operate the commercial motor vehicle. However, in a case of grave emergency where the hazard to occupants of the commercial motor vehicle or other users of the highway would be increased by compliance with this section, the driver may continue to operate the commercial motor vehicle to the nearest place at which that hazard is removed.
Notes of Decisions
Cited in 55
cases (14 in the last 5 years), 1974–2026 · leading case: Paige Parr, a minor, by & through her Conservator, Janett Waid, Jerimy Morehead, & Charles Parr v. Charles Breeden, Wendy Cogdill, & Melanie Buttry, 489 S.W.3d 774 (Mo. 2016).
Paige Parr, a minor, by & through her Conservator, Janett Waid, Jerimy Morehead, & Charles Parr v. Charles Breeden, Wendy Cogdill, & Melanie Buttry, 489 S.W.3d 774 (Mo. 2016). “49 C.F.R. section 392.3. 7 Pursuant to 49 U.”
Intl Bhd. of Teamsters v. Fmcsa, 986 F.3d 841 (9th Cir. 2021). “49 C.F.R. § 392.3 . Employers may not coerce drivers to violate this rule or the hours-of-service rules.”
Appeal of Leonard, 809 A.2d 762 (N.H. 2002). “See 49 C.F.R. § 392.3 (2001). Further, contrary to the finding of the DOL, the declaration made no mention of suspending any State statute or regulation.”
Yellow Freight Sys., Inc. v. Robert B. Reich, Sec'y of Labor James R. Hornbuckle, Jr., 8 F.3d 980 (4th Cir. 1993). “Hornbuekle filed complaints regarding all three letters of discipline with the Department of Labor, as provided by regulations promulgated under the STAA. See 29 C.F.R. § 1978.”
Parker v. R & L Carriers, Inc., 560 S.E.2d 114 (Ga. Ct. App. 2002). “At the charge conference, however, Parker withdrew requests for a specific instruction as to each of the federal regulations except for 49 CFR § 392.3 , the regulation dealing specifically with driver fatigue.”
Owner-Operator Indep. Drivers Ass'n v. United States Dep't of Transp., 840 F.3d 879 (7th Cir. 2016). “49 C.F.R. § 392.3 (noting that motor carrier may not require a driver to operate a commercial vehicle “while the driver’s ability or alertness is so impaired, or so likely to become impaired, through fatigue, illness or any other cause, as to make it unsafe for him/ her to begin…”
Yellow Freight Sys., Inc. v. Robert B. Reich, Sec'y of Labor & Willie W. Smith, 27 F.3d 1133 (6th Cir. 1994). “” Smith filed a grievance letter with the company, arguing that his actions were protected by 49 C.F.R. § 392.3 , which prevents a driver from operating a truck when his or her ability or alertness is so impaired by reason of illness or fatigue as to make it unsafe to begin or…”
Yellow Freight Sys., Inc. v. Lynn Martin, Sec'y of Labor, United States Dep't of Labor, 954 F.2d 353 (6th Cir. 1992). “[Yellow Freight] directed [Lee] to report to work, vehicle operation in violation of 49 C.F.R. § 392.3 being the anticipated work assignment.”
Gaibis v. Werner Cont'l, Inc., 565 F. Supp. 1538 (W.D. Pa. 1983). “This Court must also consider another FMCS regulation, 49 CFR § 392.3 , to determine if Hall’s dispatch procedures violate the provisions concerning the safe operation of a motor vehicle by the road driver.”
Port Auth. Trans-Hudson Corp. v. Sec'y, United States Dep't of Labor, 776 F.3d 157 (3rd Cir. 2015). “While Department of Transportation regulations prohibit commercial drivers from operating a vehicle while "so impaired, or so likely to become impaired .”
United States v. T.I.M.E.-D.C., Inc., 381 F. Supp. 730 (W.D. Va. 1974). “49 C.F.R. § 392.3 . Section 322(a) of the Interstate Commerce Act imposes criminal penalties for the knowing and willful violation of any .”
Carol Jean Vosch, of the Last Will of Charles Lowry, Deceased & David Gaibis & Others Similarly Situated v. Werner Cont'l, Inc., 734 F.2d 149 (3rd Cir. 1984). “49 C.F.R. § 392.3 (1982). 6 . BMCS records indicate that Hall’s accident rate is well below the national average for carriers of a similar size.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.