Who Is Subject To The Federal Motor Carrier Safety Regulations (FMCSRs) And How Does The FMSCA Define Employers And Employees?
The FMCSRs apply to all employers, employees, and commercial motor vehicles that transport property or passengers in interstate commerce (interstate commerce refers to trade, traffic, or transportation that crosses state or national lines or that begins or ends across state or national lines). This includes companies that operate vehicles for their own private use as well as those transporting goods or passengers for compensation (for-hire). It makes no difference if the vehicles are leased, borrowed, rented, or owned, and whether empty or loaded. All these scenarios are subject to the federal regulations. There are some exemptions to those who are subject to the federal regulations. Most often, these exemptions are based on the size of the vehicle, the type of operation, or the commodity being transported. The FMSCA defined employers and employees to specify who would be subject to the federal regulations. According to these definitions, an employer is any person engaged in a business affecting interstate commerce who owns or leases a commercial motor vehicle in connection with that business, or assigns employees to operate it. Furthermore, an employee is any individual (other than an employer) who is employed by an employer and who, in the course of that employment, directly affects commercial motor vehicle safety. This includes drivers (including independent contractors), mechanics, and freight handlers. Therefore, if an employer or employee falls within these definitions, they are subject to the FMCSRs.