Store Research

TITLE 49 CODE OF FEDERAL REGULATIONS SECTION 395.1

PART 1 � REGISTER HISTORY - 49 CFR 395.1

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From our review of the materials, going back as far as 1937, it appears that no form of the current language existed prior to 1962. (See Exhibit O, generally) The 1962 Federal Register provided the first appearance of section 395.1 in its current form, with subdivision (f) added at that time to read as follows:

… Provided further, however, That this section shall not apply with respect to drivers of motor vehicles engaged solely in making deliveries for retail stores during the period from December 10 to December 25, both inclusive, of each year.

(See Exhibit B, page 3554)

No other relevant subdivisions were enacted at this time. (See Exhibit B) In the following year, 1963, current subdivision (c) made its first appearance, and was substantially similar to the current form. (See Exhibit C) At this time, it was adopted and set forth in former section 195.3 of Part 195. (Id., page 10263) Subdivisions (a) and (e) were not yet included in the code. (Id.)

The next major change to current Title 49, Part 395 occurred in 1968, when the language of “Hours of Service of Drivers” was transferred from the Interstate Commerce Commission to the Department of Transportation. (See Exhibit D) This was the first time that the language of Part 395 appeared in its current regulatory designation. (Id.) No substantive changes were made to the language at this time. (Id.)