Safe Operation of Motor Vehicles and Motor Equipment

1.1 What is the purpose of Part 243?

A. The chapters in Part 243 establish U.S. Fish and Wildlife Service (Service) policies for the safe operation of motor vehicles and motor equipment.

B. This chapter provides authorities and definitions of terms, assigns responsibilities, and outlines general requirements for all the chapters in Part 243.

C. The remaining chapters in Part 243 establish safety requirements for the following:

(1) 243 FW 2: For operating fish distribution, fire, and dump trucks.

(2) 243 FW 3: For operating heavy duty motor equipment.

(3) 243 FW 4: For operating powered industrial trucks.

(4) 243 FW 5: For towing, carrying cargo, and securing loads.

(5) 243 FW 6: For operating Off-Road Utility Vehicles (ORUVs).

1.2 What is the scope of the chapters in Part 243?

A. The chapters in Part 243 apply to:

(1) Service employees, volunteers, and others conducting official duties for the Service in motor vehicles or using motor equipment, regardless of ownership;

(2) Managers and operators who are responsible for Service-owned, General Service Administration (GSA)-provided, and commercially rented, leased, or loaned motor vehicles or motor equipment; and

(3) Operators of Service-owned equipment identified in written agreements, e.g., Memorandums of Understanding and Agreement (MOUs and MOAs), Interagency Agreements, etc., in accordance with those agreements. Any agreements that include operation of Service vehicles and motor equipment must clearly indicate responsibility for costs or liability of damage to the equipment, third party claims, and injury compensation for non-Service personnel related to such operations. Also see 321 FW 1.

B. This chapter does not apply to:

(1) Contractors who operate or transport their own motor vehicles or motor equipment within the scope of an awarded contract or written agreement (e.g., cooperative farming agreements). Such contractors must comply with applicable Federal, State, and local regulations and the terms of their contracts/agreements.

(2) The operation of watercraft and aircraft. They are covered in Parts 241 and 330, respectively.

1.3 What are the authorities for this Part?

A. Federal Agency Safety Programs and Responsibilities (Public Law 91-596, section 19).

B. Occupational Safety and Health Standards (29 CFR 1910).

C. Safety and Health Regulations for Construction (29 CFR 1926).

D. Basic Program Elements for Federal Employee Occupational Safety and Health Programs and Related Matters (29 CFR 1960).

E. Driving of Commercial Motor Vehicles (49 CFR 392) and Parts and Accessories Necessary for Safe Operation, Department of Transportation (DOT) (49 CFR 393).

F. Executive Order 12196, Occupational Safety and Health Programs for Federal Employees.

G. Motor Vehicle Safety (485 DM 16).

H. American National Standards Institute (ANSI)/Recreational Off-Highway Vehicle Association Standard 1-2014.

I. ANSI/National Golf Cart Manufacturers Association (NGCMA) Standard Z130.1.

J. ANSI/NGCMA Standard Z135.

K. Hazardous Materials Transportation Act (HMTA) (49 U.S.C. 5103(b)).

1.4 What terms do you need to know to understand the chapters in Part 243?

A. Motor Vehicle. A motor vehicle is any self-propelled or mechanically drawn conveyance that is designed to operate on highways to transport property or passengers. In accordance with Federal Automotive Statistical Tool (FAST) categorizations, we categorize motor vehicles as follows:

(1) Passenger vehicles. These types of vehicles include:

     (a) Low-speed electric vehicles (LSEVs);

     (b) Sedans, which include sub-compact, compact, midsize, and large sedans and limousines;

     (c) Sport Utility Vehicles (SUV), which include light SUVs and medium SUVs; and

     (d) Passenger vans, which include light passenger vans and medium passenger vans.

(2) Trucks. There are three general subcategories of trucks:

     (a) Light trucks, which are pickup trucks that have a Gross Vehicle Weight Rating (GVWR) of 12,500 pounds (lbs.) or less;

     (b) Medium duty trucks, which are trucks with conventional cabs, van bodies, dump trucks, and stake side trucks that have a GVWR of 12,501 – 24,999 lbs.; and

     (c) Heavy duty trucks, which are trucks with conventional cabs, van bodies, dump trucks, stake side trucks, and tractor trucks that have a GVWR of 25,000 lbs. and greater.

3. Commercial motor vehicle. Only operators with a commercial driver’s license (CDL) may operate commercial motor vehicles. Commercial motor vehicles may be medium or heavy duty trucks used to transport passengers or property if the vehicle:

     (a) Has a GVWR of 26,001 or more lbs.;

     (b) Has a gross combination weight rating (GCWR) of 26,001 or more lbs. This GCWR includes a towed unit with a GVWR of more than 10,000 lbs. (see Table 1-1 below for examples of combination weights requiring a CDL);

Table 1-1: Calculating Gross Combination Weight

     (c) Is designed to transport 16 or more passengers, including the driver. This includes vans, buses, shuttles, passenger-carrying trams, tram trailers, and trolleys; or

     (d) Is of any size and is used to transport materials that are hazardous according to the standards in the Hazardous Materials Transportation Act. The implementing regulations for the Act (49 CFR 172, subpart F) provide requirements for placarding the motor vehicle.

(4) Our use of the term ‘motor vehicle’ in this chapter does not include:

     (a) ORUVs (see 243 FW 6),

     (b) Motor equipment, and

     (c) Trailers.

B. Motor Equipment. Motor equipment is any item of equipment that is self-propelled or drawn by mechanical power or designed principally for operators to use off highways. The term includes construction and maintenance equipment, materials handling equipment, and forestry and agriculture equipment. There are three categories of motor equipment:

(1) Light duty motor equipment. Light duty motor equipment includes:

     (a) Riding, zero turn, and front-mounted, self-propelled lawn mowers up to 35 horsepower (HP) and other equipment not required to have a rollover protective structure structure
Something temporarily or permanently constructed, built, or placed; and constructed of natural or manufactured parts including, but not limited to, a building, shed, cabin, porch, bridge, walkway, stair steps, sign, landing, platform, dock, rack, fence, telecommunication device, antennae, fish cleaning table, satellite dish/mount, or well head.

Learn more about structure (ROPS) as defined in 29 CFR 1926, subpart W; and

     (b) Electric powered utility vehicles (e.g., golf carts, Cushmans, E-Z-GOs, Tigers, and similarly designed equipment).

(2) Heavy duty motor equipment. Table 1-2 describes many of the types of heavy duty motor equipment.

Table 1-2: Heavy Duty Motor Equipment

(3) ORUV. ORUVs include:

     (a) Off-road motorcycles;

     (b) Amphibious vehicles (wheeled or tracked) with a curb weight of 1,900 lbs. or less, e.g., an Argo;

     (c) Utility vehicles (multi-tired or tracked), commonly called UTVs, with a GVWR of 3,750 lbs. or less (see ANSI/ROHVA 1-2014), e.g., Gator, Mule, Ranger. This does not include electric golf carts (ANSI/NGCMA Z130.1) or personal transportation vehicles (ANSI/NGCMA Z135), e.g. Cushman, CarryAll, E-Z-GO;

     (d) Snowmobiles; and

     (e) All-terrain vehicles (ATVs). ATVs are off-highway vehicles that have a seat that the operator straddles, handlebars for steering control, and are specifically designed to travel on four low pressure tires (see ANSI/SVIA 1-2010). ATVs include vehicles that are manufactured for use by a single operator and:

     (i) No passenger, or

     (ii) One passenger (called 2+ seating).

C. Operator. An operator is a Service employee, volunteer, or other individual conducting official duties who is authorized to operate motor vehicles or motor equipment, and individuals identified in Service written agreements who are authorized to operate Service motor vehicles or motor equipment.

D. Gross Vehicle Weight Rating (GVWR). The GVWR is the value specified by the manufacturer as the maximum rated weight of a single motor vehicle.

E. Combined Gross Vehicle Weight Rating (CGVWR). The CGVWRis the maximum towing capacity for which manufacturers design and engineer Class 6, 7, and 8 trucks.

(1) The CGVWR is calculated by the combined scale weight of the truck, trailer, and cargo. Design features are incorporated into the manufacturing of a truck at the factory. Features include cooling system size, frame rail strength, engine torque curves, transmission style, axle rating, spring weights, tire size/rating, differential ratios, bearing size, etc.

(2) To determine what the CGVWR for a truck is:

     (a) Check the original purchase order documentation for that truck. Since the CGVWR is a selectable option under the GSA vehicle standards, it should be on the documentation; or

     (b) Using the Vehicle Identification Number (VIN), contact the truck manufacturer and ask for the CGVWR for that truck.

F. Powered Industrial Truck. This is a mobile, power-propelled truck used to carry, push, pull, lift, stack, or tier materials. These include fork trucks, high lift trucks, motorized hand trucks, and other specialized industrial trucks powered by electric motors or internal combustion engines. The term does not apply to compressed air or nonflammable compressed gas-operated industrial vehicles, nor to vehicles intended primarily for earth moving or over-the-road hauling.

G. Volunteer. A volunteer is an individual who has signed a Volunteer Services Agreement in accordance with 150 FW 1.

H. Working Load Limit (WLL). The WLLis the maximum safe load that may be applied to a component of a cargo securement system during normal service.

I. Aggregate Working Load Limit (AWLL). The AWLL is the sum of the WLLs of all the tiedowns of any securement system and must be equal to or greater than 50% of the weight of the cargo. You may add tiedown WLLs together to determine the AWLL. The formula for determining the AWLL depends on the method of the tiedown system you use (see 49 CFR 393.106(d)). If a State DOT program requires an aggregate WLL in excess of Service requirements, you must follow the State requirement (see 243 FW 5 for more detailed information about determining the AWLL).

1.5 Who is responsible for the safe operation of vehicles and equipment? See Table 1-3.

Table 1-3: Responsibilities for the Safe Operation of Vehicles and Equipment

1.6 What are the general requirements associated with operating motor vehicles and motor equipment?

A. Service-owned, rented, leased, or loaned vehicles and equipment must comply with appropriate State requirements regarding items such as safety equipment, retro reflective sheeting/tape, lights, placards, warning flags, oversize/wide load signs, and special hauling permits.

B. We must maintain vehicles and equipment according to the manufacturers’ recommended guidelines. If operating manuals are not available, contact the dealer or the manufacturer to request a copy.

C. We must operate vehicles and equipment in compliance with Service safety requirements. Also see 320 FW, 321 FW 1, and 322 FW 2.

1.7 How long can a driver operate a vehicle in 1 day?

A. When possible, the supervisor planning the work should not require more than 8 hours driving within a 24-hour period. They should consider factors such as work environment, number of consecutive days performing work (fatigue), and medical conditions that may affect the employee’s ability to drive safely, and adjust maximum driving time, as necessary.

B. Vehicle operators are always responsible for safe vehicle operation. If at any time an operator feels like they cannot operate a vehicle safely due to fatigue or for any other reason, they have an obligation to safely stop the vehicle. If this happens, it may mean they have to stay overnight to rest and continue the trip the next duty shift under the requirements in 265 FW 10, Temporary Duty Travel – Emergency, Illness, Injury, or Death.

C. Employees must not exceed 10 hours driving time (behind the wheel, including rest stops) during a 24-hour period. Trip planning must allow for at least 8 consecutive hours off duty prior to beginning a shift. We allow exceptions to these requirements when exceeding these times is essential to addressing immediate and critical fire and law enforcement issues. A 16-hour duty day, including driving and all other duties, should be the maximum allowed unless additional hours are required because of exceptional circumstances. When a driver must exceed a 16-hour work shift, the driver's supervisor must document mitigation measures used to reduce fatigue. Drivers of commercial motor vehicles must comply with the driving times required in 49 CFR 395.

1.8 Are passengers allowed in Service vehicles? See 320 FW 5 for more information.

A. You may transport passengers employed by the Department for official business.

B. You may transport people who are not employed by the Department only under the following conditions:

(1) Employees of other Federal agencies and people who are not employed by a Federal agency if they are conducting official business that benefits the Government and does not interfere with accomplishing the Service employee's primary business.

(2) Anyone in emergency or disaster situations to help people with injuries, who are in pain, and to prevent death or serious damage to people or property.

(3) If the Regional Property Manager develops a policy for transporting non-official passengers that the Chief, Division of Contracting and General Services and the Department’s Director – Acquisition and Property Management have approved.

1.9 What are the specific safety considerations for passenger vans?

A. Supervisors must ensure drivers of these vehicles are trained and experienced in the vans’ unique handling characteristics. The design and handling characteristics of these vehicles make them drive differently from other passenger vehicles.

(1) 15-passenger vans are substantially longer and wider than a car, so they:

     (a) Require more space and additional reliance on the side-view mirrors for changing lanes,

     (b) Do not respond as well to abrupt steering maneuvers, and

     (c) Require additional braking time.

(2) We recommend that no more than nine passengers and a driver (10 people total) ride in a 15-passenger van on public roadways. When carrying 10 or more passengers, the vans have a rollover rate nearly three times the rate of vans that are lightly loaded because the van’s center of gravity is raised and shifted rearward. The vans become more difficult to control in emergency situations, such as unexpected evasive maneuvers, at higher speeds.

(3) Tire wear and inflation are major contributing factors in many rollover accidents with these vehicles, so operators must ensure tires are inspected and properly inflated prior to vehicle use.

B. Supervisors:

(1) Should select one or two experienced drivers to drive passenger vans. These designated drivers will gain valuable experience from their continued use of the vans.

(2) Must provide a briefing on avoiding van rollover and the authorization requirements to operate the vehicle. You can find guidance about operation of passenger vans on the National Highway Traffic Safety Administration’s and DOT’s Web sites. Check with your Regional Safety Office for additional assistance.

(3) Must ensure drivers have a valid State license for transporting up to 15 passengers, including the driver, or a valid State CDL for transporting 16 or more passengers, including the driver. This includes both on-road and off-road operations.

(4) Must ensure compliance with Part 320 and all State requirements for marking.

(5) Must not allow seasonal employees or volunteers to drive these vehicles unless they have substantial experience operating 15-passenger vans.

C. Because of the hazards associated with these vehicles, drivers must:

(1) Inspect the vehicle before operation and pay special attention to tire wear and inflation;

(2) When they drive the van on public roadways:

     (a) If practical, limit the number of passengers to nine,

     (b) Not exceed posted speed limits,

     (c) Require passengers to sit in the front-most seats, and

     (d) Not allow storage or transportation of any item on the roof.

1.10 Are there special requirements when the vehicle is used in firefighting? In addition to conforming to the requirements in this Part, vehicles we use for prescribed fires and to fight wildland fires and their operators must meet the requirements in applicable Departmental policies, and the Interagency Standards for Fire and Fire Aviation Operations (National Fire Equipment System 2724).

1.11 Must vehicles have emergency/first aid equipment?

A. First aid kits are required in motor vehicles if job tasks are of a hazardous nature or if operations will be in an area where emergency medical response will take 1 hour or longer. If the situation requires a first aid kit, at least one of the vehicle occupants must be currently qualified in first aid and cardiopulmonary resuscitation (CPR). Contents of the first aid kit must be appropriate to the potential injuries. See Exhibit 1 for the ANSI Standard Z308.1-suggested minimum contents.

(1) Supervisors may supplement the first aid kit with additional supplies.

(2) Supervisors should brief operators about the contents of the kit and check it annually to ensure it is appropriately stocked.

B. There must be a Departmental motor vehicle accident reporting kit (DI-135) in the vehicle at all times. Supervisors must instruct operators on what to do if there is an accident and how to use the kit’s contents. See 320 FW 4 for a complete list of the information that must be in every Service-owned or leased motor vehicle.

C. Personnel must plan their trips by taking into consideration preparations for mechanical breakdowns or other emergencies. Vehicles should be equipped with gear, equipment, and supplies identified in the Station Safety Plan or in a Job Hazard Assessment (JHA) as required for the operating conditions. This may include communication gear, such as two-way radios or cell phones, and survival kits appropriate to the operating environment (also see Part 320). Vehicles operated around water hazards or in conditions where there is a rollover potential (e.g., driving on embankments) should have an emergency rescue tool (i.e., hammer and seat belt slicer) available in the passenger compartment.

D. Motor vehicles we use in undercover law enforcement operations are exempt from this section.

1.12 What are the fire extinguisher requirements?

A. Sedans, station wagons, light trucks, and medium duty trucks less than 26,000 lbs. GVWR that are used for field work or carrying passengers must be equipped with not less than a 2 ½ lb. ABC-type fire extinguisher rated at 1A:10BC. We also may require fire extinguishers on all other motor vehicles that are less than 10,000 lbs. GVWR if they are identified as a fire risk in a JHA.

B. All commercial motor vehicles (see section 1.4A(3)) and 49 CFR 393.5) must be equipped with not less than a 5 lb. ABC-type fire extinguisher rated at 3A:40BC, or as required in 49 CFR 393.95(a).

C. All heavy duty motor equipment (see section 1.4B(2)) must be equipped with not less than a 2 ½ lb. ABC-type fire extinguisher rated at 1A:10BC, unless the equipment is used in a combustible environment or in a manner that may generate sparks or heat. If the equipment is operated under these conditions, it must be equipped with a fire extinguisher not less than a 10 lb. ABC-type rated at 4:A:60BC. For instance, heavy equipment similar to Gyro-Tracs, Hydro-Axes, excavators with mowing heads/shears, wildland fire attack equipment, and Marsh Masters normally operate in a combustible environment and must be equipped with not less than a 10 lb. ABC-type fire extinguisher.

D. The operator must adequately secure each fire extinguisher within or on the vehicle using a cage, harness, or strap that protects the extinguisher and vehicle occupants. Fire extinguisher brackets may not be bolted to or through, or welded to any ROPS components. Strapping or clamping around ROPS components is acceptable. Operators must maintain and inspect each extinguisher as required by 29 CFR 1910.157.

E. There must be a fire extinguisher rated not less than 10B (see 29 CFR 1926.150) at job sites that are within 50 feet of where more than 5 gallons of flammable or combustible liquids or 5 lbs. of flammable gas are being used. This requirement does not apply to the integral fuel tank of motor vehicles.

F. Operators may use combinations of smaller fire extinguishers to achieve the larger required size (e.g., two 5 lb.-rated extinguishers = one 10 lb. extinguisher).

1.13 Are there requirements for servicing tires? Yes, we must service tires mounted on multi-piece rims in compliance with OSHA standards in 29 CFR 1910.177 (see Part 320 for additional guidance).

1.14. Are operators bound by State and local traffic laws? Yes.

A. You must obey all State and local motor vehicle traffic laws except when the duties of your position require otherwise.

B. You are personally responsible if you violate State or local traffic laws.

C. If you are fined or otherwise penalized for an offense you commit while performing your official duties, payment is your personal responsibility (see 41 CFR 102-34.235).