---
kind: "section"
citation: "40 C.F.R. § 202.12"
title: "40"
number: "202.12"
heading: "Applicability."
url: "https://uscodex.org/cfr/40/202.12"
---

# §202.12. Applicability.

- (a) **The provisions of Subpart B apply to all motor carriers engaged in interstate commerce.**
- (b) The provisions of [Subpart B](/cfr/40/subpartB.md) apply only to those motor vehicles of such motor carriers which have a gross vehicle weight rating or gross combination weight rating in excess of 10,000 pounds, and only when such motor vehicles are operating under the conditions specified in Subpart B.
- (c) Except as provided in paragraphs [(d)](#d) and [(e)](#e) of this section, the provisions of [Subpart B](/cfr/40/subpartB.md) apply to the total sound produced by such motor vehicles when operating under such conditions, including the sound produced by auxiliary equipment mounted on such motor vehicles.
- (d) The provisions of [Subpart B](/cfr/40/subpartB.md) do not apply to auxiliary equipment which is normally operated only when the transporting vehicle is stationary or is moving at a speed of 5 miles per hour or less. Examples of such equipment include, but are not limited to, cranes, asphalt spreaders, ditch diggers, liquid or slurry pumps, air compressors, welders, and trash compactors.
- (e) The provisions of Subpart B do not apply to warning devices, such as horns and sirens; or to emergency equipment and vehicles such as fire engines, ambulances, police vans, and rescue vans, when responding to emergency calls; or to snow plows when in operation.
- (f) The provisions of [§ 202.20(a)](/cfr/40/202.20.md?p=a) and [§ 202.21(a)](/cfr/40/202.21.md?p=a) of [Subpart B](/cfr/40/subpartB.md) apply only to applicable motor vehicles manufactured prior to the 1986 model year.
- (g) The provisions of [§ 202.20(b)](/cfr/40/202.20.md?p=b) and [§ 202.21(b)](/cfr/40/202.21.md?p=b) apply to all applicable motor vehicles manufactured during or after the 1986 model year.

## Notes

### Amendments

[39 FR 38215, Oct. 29, 1974, as amended at 51 FR 852, Jan. 8, 1986]

### Authority

Authority: Sec. 18, 36 Stat. 1249, 42 U.S.C. 4917(a).

### Amendments

[39 FR 38215, Oct. 29, 1974, as amended at 51 FR 852, Jan. 8, 1986]