FMCSA proposes to revise the Federal Motor Carrier Safety Regulations (FMCSRs) by requiring that passengers in property-carrying commercial motor vehicles (CMVs) use the seat belt assembly whenever the vehicles are operated on public roads. This rule would hold motor carriers and drivers responsible for ensuring that the use of seat belts in commercial vehicles is enforced and required by the Federal Motor Vehicle Safety Standards (FMVSSs).
Section 393.93(b)(2)-(3) of the Federal Motor Carrier Safety Regulations (FMCSRs) (49 CFR 393.93 requires every truck and truck tractor manufactured after the early 1970s to comply with the National Highway Traffic Safety Administration’s (NHTSA) Federal Motor Vehicle Safety Standard (FMVSS) 208 (49 CFR 571.208), relating to the installation of seat belt assemblies, as well as FMVSS 210, dealing with the installation of seat belt assembly anchorages, and FMVSS 207, addressing seating systems more generally. Under FMVSS 208, trucks and multipurpose passenger vehicles with a GVWR of more than 10,000 pounds manufactured on or after September 1, 1990, are allowed by S4.3.2.1 an option to comply by providing a 鈥渃omplete passenger protection system,鈥� but nearly all CMV manufacturers choose the second compliance option (S4.3.2.2) and install a 鈥渂elt system.鈥� This second option requires a seat belt assembly 鈥渁t each designated seating position.鈥� In short, the FMVSS and FMCSRs require seat belts at every seating position in a CMV. In addition,聽49 CFR 392.16聽requires that a property-carrying CMV which has a seat belt assembly installed at the driver’s seat shall not be driven unless the driver has properly restrained himself or herself with the seat belt assembly. FMCSA proposes to require that passengers riding in property-carrying CMVs also use their seat belts when the vehicle is operated on public roads.
As indicated above, NHTSA requires vehicle manufacturers to install driver and passenger seat belts in large trucks. FMCSA already requires drivers to use their seat belts. However, the FMCSRs are silent on the use of seat belts by passengers. This NPRM would require every passenger to use a seat belt, if one was installed. The cost would be the value of the person’s time necessary to buckle the safety belt, which is negligible. The benefits of this rule would be any fatalities or injuries avoided as a result of seat belt use; these benefits are discussed later.
Comments may be submitted by January 25, 2016.
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