Trucking Regulations
The trucking industry is regulated by the Department of Transportation's Federal Motor Carrier Safety Administration. This federal body, together with individual states, impose rules and restrictions on trucking companies for the sake of safety. All of these rules are applied through a vast number of trucking regulations spanning topics from basic licensure to trucker sleep requirements and transportation of hazardous materials. All of these regulations (and the trucking company's compliance with those regulations) come into play when considering litigation against a tractor trailer operator.
Who's a Trucker?
Just who is a trucker? As defined by the government, a trucker is anyone that offers for-hire transportation of goods, cargo or, in general, a "load". Haul even one load for someone other than yourself and you become a for-hire carrier -- a "trucker"!
Commercial Driver's License
A Commercial Driver's License (CDL) is required by most states for truckers. This all-important class of license ensures truck drivers have certain specialized capabilities for the job. A physical exam may even be required every few years. The point is that those who are driving commercial trucks must possess a CDL, which requires the driver display capabilities and knowledge of their responsibilities. In short,
- No person shall operate a commercial motor vehicle unless that person has taken and passed written and driving tests which meet Federal standards for the commercial motor vehicle that person operates or expects to operate.
While we cannot present every rule governing the trucking industry, here are some of the most commonly asked about:
Hours of Service Regulations
Drug & Alcohol Abuse Testing
Truck Bumper Height Regulations
Trucking Violations
Insurance
Transportation of Hazardous Materials
Trucking Companies Rated Unsatisfactory
Federal Motor Carrier Regulations
Federal Hours of Service Regulations
Because truck driver fatigue is a leading cause of truck accidents, the FMCSA revised the trucking Hours of Service rules in 2005 in hopes of promoting safer roads and highways for all drivers. Some rules that remained the same after the revisions were implemented include:
- Truck drivers may drive a maximum of 11 hours after 10 consecutive hours off duty.
- Truck drivers may not drive beyond the 14th hour after coming on duty, following 10 consecutive hours off duty.
- Truck drivers may not drive after 60/70 hours on duty in 7/8 consecutive days. A driver may restart a 7/8 consecutive day period after taking 34 or more consecutive hours off duty.
One rule that was changed in 2005 used to read:
- Commercial Motor Vehicle (CMV) drivers using a sleeper berth must take 10 hours off duty, but may split sleeper-berth time into two periods provided neither is less than 2 hours.
The new regulation reads:
- CMV drivers using the sleeper berth provision must take at least 8 consecutive hours in the sleeper berth, plus 2 consecutive hours either in the sleeper berth, off duty, or any combination of the two.
Drug and alcohol testing are also required for truck drivers as pre-employment screening, random screening, and following a fatal accident. The FMCSA's alcohol and drug testing rules apply to people and employers who operate commercial motor vehicles in commerce in any state. There are very specific responsibilities required of both the driver and trucking company. In a broad stroke, rule 382.101-103 states,
- The purpose of this part is to establish programs designed to help prevent accidents and injuries resulting from the misuse of alcohol or use of controlled substances by drivers of commercial motor vehicles.... This part applies to every person and to all employers of such persons who operate a commercial motor vehicle in commerce in any State...
Truck Bumper Height Regulations
Accidents where vehicles run under the back of a tractor trailer "underride" are a major concern. Current rear underride guard standards are a safety compromise that fail to protect many sizes and weights of passenger vehicles. Most underride guards are either too stiff for small vehicles, too weak for large vehicles or aren't present at all. While legal groups such as ours and organizations like the UnderrideNetwork work to improve underride accident regulations, this remains a serious danger in trucking accidents.
Each person who operates a commercial motor vehicle, who has a commercial driver's license, and who is convicted of violating, in any type of motor vehicle, a State or local law relating to motor vehicle traffic control (other than a parking violation) in a State or jurisdiction other than the one which issued his/her license, shall notify an official designated by the State or jurisdiction which issued the license and his or her employer of that conviction. The notification must be made within 30 days after the date that person has been convicted.
Motor carriers are prohibited from operating a motor vehicle until the motor carrier has obtained and has in effect the minimum levels of financial responsibility. The minimum levels of financial responsibility are as follows:
- Commercial vehicles with a gross vehicle weight rating of 10,001 or more pounds transporting nonhazardous property must have a minimum level insurance of $750,000.
- Commercial vehicles with a gross vehicle weight rating of 10,001 or more pounds transporting certain hazardous substances in cargo tanks, portable tanks, or hopper-type vehicles with capacities in excess of 3,500 water gallons; bulk quantities of certain hazardous materials; and highway route controlled quantities of certain materials must have a minimum level insurance of $5,000,000.
- Commercial vehicles with a gross vehicle weight rating of 10,001 or more pounds transporting oil, hazardous waste, or certain other hazardous materials and hazardous substances must have a minimum level insurance of $1,000,000.
- Commercial vehicles with a gross vehicle weight rating of less than 10,000 pounds transporting certain hazard zone materials, certain packing group material, and highway route controlled quantities of certain materials must have a minimum level insurance of $5,000,000.
Transportation of Hazardous Materials
Safety Permit: A motor carrier may not transport certain quantities of hazardous materials, such as radioactive material, explosive material, and poisonous material, without a safety permit. To meet the safety fitness standard, the motor carrier must demonstrate it has adequate safety management controls in place, which function effectively to ensure acceptable compliance with applicable safety requirements.
Operational Requirements: During the transportation of certain hazardous material, the commercial motor vehicle must maintain a copy of the safety permit or another document showing the permit number; a written route plan; the telephone number, including area code or country code, of an employee of the motor carrier or representative of the motor carrier who is familiar with the routing of the permitted material.
Smoking: No person may smoke or carry a lighted cigarette, cigar, or pipe on or within 25 feet of a motor vehicle which contains certain materials or certain flammable materials. Additionally, no person may smoke or carry a lighted cigarette, cigar, or pipe on or within 25 feet of an empty tank motor vehicle which has been used to transport certain flammable materials or certain flammable gases.
Motor Carriers Rated "Unsatisfactory"
A motor carrier rated "unsatisfactory" is prohibited from operating a commercial motor vehicle. The most current safety rating of motor carriers is available from the FMCSA State Safety Data Quality (SSDQ) program.
Table of Federal Motor Carrier Safety Regulations
For a more complete listing of trucking regulations, take a look at our Federal Motor Carrier Safety Regulations table.
If you have sustained injuries through a driver or trucking company's failure to comply with these regulations, contact trucking accident lawyers Davis Bethune and Jones to discuss your case.
