FMCS regs do not apply. Anyone who keeps quoting them just shows they haven't read the regs or if they have don't understand what they're reading. It's a case of just a bit of knowledge is a dangerous thing.
They should read the very first section of the FMCS regs to find out who those regs apply to. Anyone who says "commercial enforcement vs non commercial side" either didn't understand what they were being told or the person who said it never read FMCS regs.
They should have read Willcamp4's post 07/17/08 which gave the applicability paragraph for FMCS regs. If a person doesn't meet those reguirements then the regs don't apply. Since some people apparently missed the critical part of the applicability paragraph I'll bold it:
"§390.3 General applicability.
(a) The rules in Subchapter B of this chapter are applicable to all employers, employees, and commercial motor vehicles, which transport property or passengers in interstate commerce."
390.5 does not interpret anything. Read 390.5. It's the definition section. It defines for the chapter such words as "accident", "bus", "farmer", all the way to defining what "United States" means. There are no "Question 3" or any other "questions" in 390.5. Just more proof that someone hasn't read the FMCS regs nor knows what they're talking about.
390.3 is very clear. FMCS regs do not apply. Why someone keeps bringing them up only shows their complete lack of understanding what they're talking about.
