BOOK:
Well, it’s a reference guide that helps attorneys litigate, and helps injured victims understand serious negligence cases involving tractor trailer, or semi truck, injury accident cases.
02
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'.
Age:
- Interstate Travel: (traveling within 2 or more states). The required age of a driver is at least 21 years old.
- Intrastate Travel: (within a single state). The required age of a driver is at least 18 years old.
Language:
- English: Driver must be able to speak, understand, and converse in the English language.
- Must understand traffic signs.
- Must be able to make records and reports in English.
Operation of Motor Carrier:
- Experience or training qualifies driver to safely operate a motor carrier
- Has physical capability to operate motor carrier
- 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.
Must take into account weather conditions (§392.14)
Valid Licensce:
- Currently valid C.D.L. (Commercial Driver’s License)
- Issued by one state or jurisdiction.
- Successfully completed road test
Certifications:
- Has any and all certifications required by employer
- Is not disqualified to operate a motor carrier
Driver Responsibility:
Hours of Service
- 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.
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.
Truck Driver Logs
- 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.
Drivers must log their hours every 24 hours, in written format. (§395.8)
- 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.
- 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.
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.
- The following is an example of an Hours-of-Service truck driver log with no driving violations recorded:
- 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.
The company that employs the driver must schedule drivers in such a way that they will not violate their Hours of Service. (§392.6)
- Tractor trailer (semi truck) drivers must follow posted speed limits. Trucks, often times, must follow a lower speed limit that drivers of cars.
Semi-truck drivers must obey traffic laws, and follow speed limits at all times.
Alcohol
- 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.
- 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.
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)
Truck Equipment & Repair
- 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.
A driver must maintain the semi-truck and its equipment is in good working order at all times. (§392.7)
- 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).
- 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.
A driver must make sure that emergency medical equipment is in place and ready to be used at any time. (§392.8)
- A driver must make sure that emergency equipment is in place and ready to be used at any time. (§393.95)
Disqualifications of Driver:
- 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).
- Some disqualifying offenses of semi truck drivers include (but are not limited to):
Driving with a revoked or suspended license
Driving while under the influence of alcohol or drugs
Leaving an accident scene that involves a commercial motor vehicle (semi truck)
Committing a felony with the use of a commercial motor vehicle (semi truck)
Speeding or Reckless Driving
Improper and/or erratic traffic lane changes
Following another vehicle too closely when driving the semi truck
Railroad crossing violations when driving the semi truck
Law:
- 49 C.F.R. (Click the following link to be taken to the law in its entirety: Title 49 Law)
