392.9(a)(3) - Guidance for free and ready exit from the CMV

Reference: §392.9 - Inspection of cargo, cargo securement devices and systems. Specifically, 392.9(a)(3). How is compliance determined (is there an interpretation or guidance document) regarding "preventing the free and ready exit of any person from the commercial motor vehicle's cab or driver's compartment"? Issue: Motor carriers installing ELD floor mounted stands on the floor between the seats and just forward of the seat edge? Any information or guidance would be appreciated.

Urgent request with enforcement guidance needed. During a CMV roadside Level I inspection, a driver exited the truck and was talking to the inspector outside the truck on the passenger side. When the driver was asked to retrieve documents for inspection, the driver walked back around the cab to enter the drivers side. The driver was allegedly cited because he did not re-enter the truck from the passenger side (the driver indicated the required paperwork/documentation was on the drivers side of the truck). The inspector opened the passenger side door and saw a floor mounted stand holding an ELD located between the seats near the front edge of the seat. The driver was then cited for 392.9(a)(3)...an object preventing the free and ready exit from the commercial motor vehicle driver's compartment. No photos available.

1) CVSA guidance and or interpretation for CMV roadside and terminal inspectors regarding when the violation exists to include supporting photos/drawings visually depicting when a violation exists vs when it does not exist. 2) Guidance documents designed for motor carriers to use regarding what is considered "preventing the free and ready exit from a motor vehicle's cab or driver's compartment" when installing floor mounted stands/equipment.