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The following law may apply to a tractor trailer, or semi truck, accident or other commercial vehicle accident. The Federal Motor Carrier Safety Regulations (FMCSR) are the rules that govern semi trucks on our highways. They include rules drivers, their employers, and owners of trucks must follow. The Federal Motor Carrier Safety Regulations that most certainly apply to any injury or death involving the negligence of a truck driver or a driver of a tractor trailer (semi truck) or perhaps other commercial vehicles can be found at: www.fmcsa.dot.gov

 

Other specific state law may apply as well or instead.  The federal law in its entirety can be found in Title 49 of the Federal Code.

 

 

1. The federal regulations that governs semi truck, or tractor trailer, accidents is “The Federal Motor Carrier Safety Regulations”, which can be found at the website:

www.fmcsa.dot.gov

 

2. DRIVER QUALIFICATIONS

Both federal and state safety regulations require that drivers of semi trucks (tractor trailers) meet certain qualifications. Each driver employed by a motor carrier is required to have a “driver qualification file”.

 

1. Age:

                                                              i.      Interstate Travel: (traveling within 2 or more states). The required age of a driver is at least 21 years old.

                                                            ii.      Intrastate Travel: (within a single state). The required age of a driver is at least 18 years old.

 

2. Language:

                                                              i.      English: Driver must be able to speak, understand, and converse in the English language.

                                                            ii.      Must understand traffic signs.

                                                          iii.      Must be able to make records and reports in English.

 

3. Operation of Motor Carrier:

                                                              i.      Experience or training qualifies driver to safely operate a motor carrier

                                                            ii.      Has physical capability to operate motor carrier

                                                          iii.      Drivers are required to reduce speed and to take into consideration bad weather conditions. A truck driver must reduce speeds for snow, ice, fog, rain, smoke, dust, or other conditions that affect visibility or traction adversely. Certain conditions make it a requirement for the driver to stop their vehicle all together.

 

1.      Must take into account weather conditions (§392.14)

4. Valid License:

                                                              i.      Currently valid C.D.L. (Commercial Driver’s License)

                                                            ii.      Issued by one state or jurisdiction.

                                                          iii.      Successfully completed road test

 

5. Certifications:

                                                              i.      Has any and all certifications required by employer

                                                            ii.      Is not disqualified to operate a motor carrier

 

6. Driver Responsibility:
   1. Hours of Service 

                                                              i.      The driver of a semi truck (tractor trailer) may not drive more than 11 hours following at least 10 consecutive hours off duty. (§395.3) The reason for these hour restrictions is to prevent driver fatigue. It has been a proven fact that driver fatigue often is a cause of interstate trucking accidents. The trucking carrier and the driver are both responsible for this type of Hours-of-Service (HOS) violation.

 

1.      Drivers can only drive 11 consecutive hours, after resting for at least 10 hours. (§395.3) Failure to comply with this rule constitutes an Hours-of-Service (HOS) violation.

 

                                                              i.      A tractor trailer (semi truck) driver is required to keep certain specific logs to prove that he or she has not violated these Hours-of-Service rules. The employer or motor carrier is required to inspect the drivers’ logs to confirm compliance with these regulations.

 

 

1.      Drivers must log their hours every 24 hours, in written format. (§395.8)

                                                            ii.      Driver Logs: §395.8 involve a driver making a record of his duty status. A driver must keep a log of his or her status for every 24 hour period. Pursuant to Section 395.8 of the Federal Motor Carrier Safety Regulations, the log is usually in written form and on a grid.

 

                                                          iii.      Because of technology, the driver log is often kept by an on-board recording device. The log indicates when the driver is on and off duty and whether they are driving or in the “sleeper birth”, which is usually designated as “SB”. The motor carrier is responsible if the tractor trailer driver submits a false log.

 

1.      There are sometimes investigations regarding whether a driver keeps two sets of logs or books, so that he or she could driver longer than they are allowed to drive by law.

 

                                                          iv.      The following is an example of an Hours-of-Service truck driver log with no driving violations recorded:

 

 

 

                                                             V.      A motor carrier (that would be the trucking company) is responsible and required to fashion or schedule their truck driver’s runs and routes in a way that would allow drivers to complete them without violating any speed limits or Hours-of-Service violations.

 

1.      The company that employs the driver must schedule drivers in such a way that they will not violate their Hours of Service. (§392.6)

 

                                                            Vi.      Tractor trailer (semi truck) drivers must follow posted speed limits. Trucks, often times, must follow a lower speed limit that drivers of cars.

 

1.      Semi-truck drivers must obey traffic laws, and follow speed limits at all times.

 

                                                              i.      Alcohol and drivers of tractor trailers (semi trucks): A truck cannot have any alcohol in his or her system at all while driving a tractor trailer (semi truck). This, of course, includes driving, but also when they are merely “on duty”, which would include even if they were not driving, but where they are in physical control of the truck.

 

                                                            ii.      Alcohol is not tolerated whatsoever, which is different from drivers of cars, certain vans, and motorcycles that have alcohol in their system up to certain limits, and still may be able to legally drive. The rules involving truck drivers are extremely strict.

 

1.      There is no tolerance for any amount of alcohol in a driver’s system while operating a semi-truck or while in the physical control of a semi-truck. (§392.4-.5)

 

                                                              i.      A driver of a tractor trailer (semi truck) must make sure that his or her truck (trailer, or cab) and its equipment are in good working order at all times.

 

1.      A driver must maintain the semi-truck and its equipment is in good working order at all times. (§392.7)

 

                                                            ii.      This section of the Federal Motor Carrier Safety Regulations includes brakes to the tractor, brakes to the trailer, parking brakes, steering devices, lighting devices, tires, horn, windshield wipers, rear vision mirrors, and coupling devices (a coupling device is analog shift register, that transports analog signals or electric charges).

 

                                                          iii.      The driver is responsible to make sure even their emergency medical equipment is in working order and legal at all times. The truck driver has a duty to inspect it and use it.

 

1.      A driver must make sure that emergency medical equipment is in place and ready to be used at any time. (§392.8)

 

                                                          iv.      A driver must make sure that emergency equipment is in place and ready to be used at any time. (§393.95)

 

                                                              i.      Motor carriers, or employers or semi truck drivers, do not have the authority to disqualify a semi truck driver. Disqualifying offenses are listed in the Federal Motor Carrier Safety Regulations. (§383; §391).

                                                            ii.      Some disqualifying offenses of semi truck drivers include (but are not limited to):

1.      Driving with a revoked or suspended license

2.      Driving while under the influence of alcohol or drugs

3.      Leaving an accident scene that involves a commercial motor vehicle (semi truck)

4.      Committing a felony with the use of a commercial motor vehicle (semi truck)

5.      Speeding or Reckless Driving

6.      Improper and/or erratic traffic lane changes

7.      Following another vehicle too closely when driving the semi truck

8.      Railroad crossing violations when driving the semi truck

 

 

1. CARGO TRANSPORTATION

 

Unfortunate accidents occur because motor carriers and/or semi-truck drivers do not take the proper steps in securing cargo on their tractor-trailers. The following law pertains to accidents that occur due to negligent transportation of cargo.

 

 

393.100 - 393.136	Subpart I—Protection against shifting and falling cargo
393.100	Which types of commercial motor vehicles are subject to the cargo securement standards of this subpart, and what general requirements apply?	Yes
393.102	What are the minimum performance criteria for cargo securement devices and systems?	Yes
393.104	What standards must cargo securement devices and systems meet in order to satisfy the requirements of this subpart?
393.106	What are the general requirements for securing articles of cargo?	Yes
393.108	How is the working load limit of a tiedown, or the load restraining value of a friction mat, determined?
393.110	What else do I have to do to determine the minimum number of tiedowns?
393.112	Must a tiedown be adjustable?
393.114	What are the requirements for front end structures used as part of a cargo securement system?
393.116	What are the rules for securing logs?
393.118	What are the rules for securing dressed lumber or similar building products?
393.120	What are the rules for securing metal coils?
393.122	What are the rules for securing paper rolls?
393.124	What are the rules for securing concrete pipe?
393.126	What are the rules for securing intermodal containers?
393.128	What are the rules for securing automobiles, light trucks and vans?
393.130	What are the rules for securing heavy vehicles, equipment and machinery?	Yes
393.132	What are the rules for securing flattened or crushed vehicles?
393.134	What are the rules for securing roll-on/roll-off or hook lift containers?
393.136	What are the rules for securing large boulders?

 

The above links will take you to the various rules regarding types of cargo, rules regarding transportation of cargo, and accidents involving fallen cargo from a semi truck or other commercial vehicle.

 

WEBSITES:

1. Federal Motor Carrier Safety Administration

            www.fmcsa.dot.gov

2. National Highway Traffic Safety Administration

            www.nhtsa.dot.gov

3. U.S. Department of Transportation (U.S. DOT)

            www.dot.gov

4. FMCSA’s Safety and Fitness Electronic Record System (SAFER)

            www.safersys.org

 

 

*There are many exceptions, special definitions, and complex issues that cannot be explained in this material. It is not intended to be a substitute for specific legal advice. Your legal rights greatly depend on the facts of your accident.

 

*Law changes constantly. Do not rely on this information. Law is vast and can not be covered in this limited space.

 

***Law portion of site in progress. Trucking law regarding semi truck accidents is being drafted and will be updated soon. Please call our firm for a free consultation to see if you have a case.