The Federal Motor Carrier Safety Administration (FMCSA) sets strict rules and regulations that commercial trucking companies and their drivers must follow. These rules cover everything from driver qualifications and hours of service to vehicle maintenance and cargo securement. When trucking companies or drivers violate these FMCSA regulations, it significantly increases the risk of serious accidents that endanger the lives of truck drivers and others on the road.
If you or someone you love has suffered injuries in a crash, you should speak to a San Diego truck accident lawyer as soon as possible.
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Driver Qualifications and Licensing
One major area of FMCSA regulation is setting minimum qualifications for commercial truck drivers.
Driver Age Requirements
The FMCSA sets strict age limits for commercial truck drivers operating across state lines or transporting hazardous materials. Drivers must be at least 21 to engage in interstate commerce or haul hazardous cargo. This requirement recognizes that operating large commercial trucks is an immense responsibility that requires a certain level of maturity and experience behind the wheel. Younger drivers may lack the judgment and situational awareness to safely handle 80,000-pound vehicles in difficult driving conditions and environments.
Commercial Driver's License Requirements
To legally operate a commercial motor vehicle in the United States, drivers must hold a valid Commercial Driver's License (CDL) issued by their state of residence. The FMCSA sets national standards for CDL testing and licensing to ensure drivers have the knowledge and skills to safely operate large trucks and buses.
To obtain a CDL, drivers must first obtain a Commercial Learner's Permit (CLP) and hold it for at least 14 days before taking the skills test. They must also pass a rigorous knowledge exam covering FMCSA rules and regulations, safe driving practices, and vehicle operation.
There are three classes of CDLs based on the Gross Vehicle Weight Rating (GVWR) of the vehicles the driver will operate:
- Class A: Required for any vehicle combination with a gross combination weight rating of 26,001 pounds or more, provided the towed unit weighs more than 10,000 pounds. This includes tractor-trailers, truck-trailer combinations, tanker vehicles, livestock carriers, and flatbeds.
- Class B: Any single vehicle with a GVWR of 26,001 pounds or more or any vehicle towing another vehicle that does not exceed 10,000 pounds must comply with this requirement.
- Class C: Required for any single vehicle, or combination of vehicles, that does not meet the definition of Class A or Class B but is designed to transport 16 or more passengers (including the driver) or is used to transport hazardous materials.
In addition to the appropriate class, CDL holders must obtain endorsements to operate specialized vehicles like school buses, tank vehicles, doubles/triples trailers, or to haul hazardous materials. Failing to hold the proper class of CDL and necessary endorsements is a serious violation that puts drivers and the public at risk.
Knowledge and Skills Testing
All CDL applicants must pass a strict knowledge test to ensure that commercial truck drivers understand and can apply FMCSA safety regulations.
The test covers a wide range of topics, including:
- Vehicle inspection, repair, and maintenance
- Safe cargo securement
- Driving techniques in hazardous conditions like rain, snow, and ice
- Distracted and impaired driving
- Hours of service rules and driver fatigue
- Air brakes and other critical vehicle components
- Hazardous materials transport
- Road signs, signals, and markings
- Emergency procedures
Applicants must correctly answer at least 80 percent of the questions to pass the knowledge test. This ensures that commercial drivers understand the rules and best practices for safely operating large trucks and protecting other motorists.
After obtaining a CLP and passing the knowledge test, CDL applicants must also pass a comprehensive driving skills test in the type of vehicle they intend to operate. The test includes a vehicle inspection to ensure the driver can identify key components and detect any mechanical defects or safety issues.
The test then assesses the driver's ability to safely perform basic maneuvers like straight-line backing, alley docking, and parallel parking. Applicants must demonstrate proficiency in safely navigating the vehicle through turns, intersections, and multi-lane roads. The skills test helps confirm that CDL holders can properly control large vehicles in real-world driving situations.
Physical and Medical Requirements
Commercial truck driving is a physically demanding job that requires a certain level of health and fitness to do safely. Long hours behind the wheel, heavy lifting and climbing, and exposure to road and weather hazards can take a toll.
To help ensure that drivers are physically capable of operating commercial motor vehicles safely, the FMCSA requires all CDL holders to pass a Department of Transportation (DOT) medical examination every two years.
During the DOT physical, certified medical examiners assess the driver's vision, hearing, blood pressure, and overall health to determine if they meet the minimum physical qualifications for commercial driving.
Some of the specific medical conditions that can disqualify a driver include:
- Epilepsy or other seizure disorders
- Insulin-dependent diabetes
- Vision loss or impairment that lenses cannot correct
- Hearing loss that a hearing aid cannot correct
- Cardiovascular disease or other heart conditions
- Respiratory dysfunction or untreated sleep apnea
- Musculoskeletal conditions that limit the range of motion or ability to safely control the vehicle
- Mental health conditions like bipolar disorder or severe depression that are not well-controlled with treatment
Drivers must carry a valid Medical Examiner's Certificate with them at all times while operating a commercial vehicle to prove they meet the physical qualification standards. Failing to maintain an up-to-date DOT physical card is a serious violation that can result in fines and license suspension.
Drug and Alcohol Testing
The FMCSA also requires commercial drivers to undergo regular drug and alcohol testing to ensure they are not operating vehicles while impaired. Trucking companies are responsible for implementing a comprehensive drug and alcohol testing program that meets FMCSA standards, including:
- Pre-employment testing for controlled substances
- Post-accident testing for both drugs and alcohol occurs when certain criteria trigger it
- Random drug and alcohol testing
- Reasonable suspicion testing when a driver shows signs of impairment
- Return-to-duty and follow-up testing for drivers who have previously tested positive or violated drug/alcohol rules
Testing includes common controlled substances such as marijuana, cocaine, opiates, amphetamines, and phencyclidine (PCP). They are also subject to alcohol testing for blood alcohol concentrations (BAC) of 0.02 or higher.
Drivers who test positive or refuse a required drug/alcohol test are immediately removed from duties involving the operation of a commercial motor vehicle and must undergo an evaluation from a substance abuse professional before returning to work.
Driving while under the influence of drugs or alcohol is one of the most dangerous things a truck driver can do. Impaired driving kills thousands of people each year and is completely preventable. Regularly testing commercial drivers for drug and alcohol use is critical for getting impaired drivers off the road before they cause a devastating crash.
Driving Record Review
Before allowing a new driver to get behind the wheel, trucking companies must obtain and review a copy of the applicant's driving record. They must look back at least three years to check for accidents, traffic violations, and other red flags that may indicate an unsafe driver.
Some of the past violations that can disqualify a commercial driver applicant include:
- DUI or DWI convictions
- Leaving the scene of an accident or hit-and-run
- Using a vehicle to commit a felony
- Driving a commercial vehicle with a revoked, suspended, or canceled CDL
- Causing a fatality through negligent vehicle operation
Trucking companies must thoroughly vet their drivers and avoid putting dangerous drivers on the road. Failing to review an applicant's driving history and letting problem drivers slip through the cracks can have deadly consequences when those drivers cause wrecks.
The FMCSA's Large Truck Crash Causation Study found that 35 percent of truck drivers involved in serious crashes had previous crashes, and nearly 20 percent had a previous speeding conviction. Thoroughly reviewing their driving history may have prevented many of these unsafe drivers from being hired in the first place, potentially saving lives.
Unfortunately, some trucking companies fail to rigorously check their drivers' qualifications and driving history before putting them behind the wheel. When unqualified or unsafe drivers slip through the cracks, the consequences can be catastrophic. Inadequately trained and screened drivers are more likely to make dangerous errors in judgment on the road or react improperly in emergencies, increasing the risk of a crash. Fortunately, when this occurs, a truck accident can likely hold the company accountable.
Hours of Service Regulations
Another critical set of FMCSA rules governs commercial truck drivers' service hours (HOS). Recognizing that fatigued driving is a major cause of trucking accidents, the FMCSA strictly limits drivers' hours on the road.
Currently, property-carrying drivers are limited to:
- 11 maximum driving hours per day after ten consecutive off-duty hours
- 14 maximum on-duty hours per day (including driving and all other work)
- 60 maximum on-duty hours in any seven days
- 70 maximum on-duty hours in any eight days
Passenger-carrying drivers face even stricter daily and weekly driving limits to reduce the risks to members of the public. All commercial drivers must log their hours of service and are required to take mandatory rest breaks. Truck drivers can only restart their seven/eight-day duty period after taking 34 or more consecutive off-duty hours.
Despite these protections, pressure from trucking companies to meet unrealistic delivery deadlines causes many drivers to violate hours of service rules and drive while dangerously fatigued.
According to the FMCSA, 13 percent of commercial drivers involved in crashes were considered tired at the time. Other studies estimate that driver fatigue contributes to as many as 30-40 percent of all heavy truck accidents.
Operating massive semi-trucks and tractor-trailers for long stretches without adequate rest dramatically increases the risks of a driver losing focus or falling asleep at the wheel, often resulting in deadly collisions.
Vehicle Maintenance Requirements
In addition to driver regulations, the FMCSA also sets strict commercial motor vehicle maintenance and repair standards.
Trucking companies are required to systematically inspect, repair, and maintain all motor vehicles under their control. Critically, truck parts and accessories must be continuously maintained and inspected to ensure they are always in safe and proper operating condition.
Key vehicle components that require maintenance include:
- Service brakes, trailer brake connections, parking brakes, and brake drums/rotors
- Steering axles and suspension systems
- Tires, wheels, and rims
- Lights, reflectors, turn signals, and coupling devices
- Cargo securement systems and tie-downs
- Frame and frame assemblies
- Fuel systems, exhaust, and engines
Trucking companies must maintain complete vehicle maintenance records and repair mechanical defects before allowing a truck back on the road. Drivers must also perform pre-trip and post-trip inspections to check for defects or maintenance needs.
Sadly, many trucking companies and owner-operators try to cut corners by putting off critical vehicle maintenance and inspections. Driving with poorly maintained brakes, balding tires, broken lights, or unsecured cargo is a recipe for disaster.
Cargo Securement Standards
The FMCSA also maintains detailed cargo securement rules to ensure truck loads are safely and properly secured. These regulations specify minimum tie-down requirements, the strength of securement systems, blocking and bracing requirements, and proper securement of specific commodities like heavy machinery, metal coils, concrete pipe, and more. Generally, structures, tie-downs, or a combination thereof must firmly secure cargo on or within the vehicle.
Despite these requirements, failure to properly secure cargo remains a persistent cause of trucking accidents. Overloaded and improperly secured cargo can shift suddenly in transit, causing trucks to swerve, lose control, rollover, or jackknife.
Like heavy equipment, unsecured cargo can break loose and strike other vehicles. In some cases, unsecured loads can even fall off the truck completely into the path of oncoming traffic, often with devastating results.
Size and Weight Restrictions
The FMCSA regulates commercial motor vehicles' maximum size and weight to ensure trucks can safely navigate roads and bridges. Large trucks' maximum gross vehicle weight is 80,000 pounds (or less, depending on axle spacing). The maximum weight per single axle is 20,000 pounds, and the maximum weight per tandem axle is 34,000 pounds. Trailer length is limited to 48 feet for a single trailer and 28 feet for double trailers in a combination rig. The total vehicle length is limited to 65 feet.
Overweight and oversized trucks are incredibly dangerous for many reasons. Excess weight can cause tires to overheat and blow out suddenly, leading to loss of control. Overloaded trucks also take much longer to slow down and tend to roll over more easily when swerving or cornering. Oversized trucks have more blind spots and are less maneuverable in traffic. Driving overweight puts excess strain on critical components like brakes and suspensions, accelerating wear and increasing the risk of mechanical failure.
Despite strict penalties, many trucking companies and drivers haul overweight and oversized loads to maximize profits. Overloaded and oversized trucks significantly increase the risk of a serious crash. When an overweight big rig traveling highway speeds slams into smaller passenger vehicles, the results are often fatal. There is no excuse for trucking companies to endanger the public by violating size and weight restrictions to boost their bottom line.
Hazardous Materials Transport
Finally, the FMCSA sets additional rules for qualifying and securing loads of hazardous materials like flammable liquids, explosives, radioactive substances, and poisonous or infectious agents. Due to their extreme dangers, hazmat drivers must undergo specialized training and are subject to lower service limits (50 hours on duty max per week). Vehicles transporting hazardous materials must display proper signage and carry shipping papers/emergency response information.
Trucking companies transporting hazardous materials must maintain a minimum of $5,000,000 in liability insurance. This recognizes the extreme threat that crashes involving hazardous cargo pose to public safety. Tankers can rupture and ignite, engulfing vehicles in flames. Toxic spills can put entire communities at risk. Improperly secured hazmat loads can react with each other or leak from their containers. Failure to strictly follow FMCSA regulations can potentially turn minor collisions involving vehicles transporting hazardous materials deadly.
Contact a Truck Accident Lawyer Today
If you or a loved one has suffered an injury in a trucking accident caused by negligent violations of FMCSA regulations, speak with a truck accident attorney immediately. Look for a law firm with a proven track record of holding trucking companies accountable for putting dangerous trucks and drivers on the road.
The right truck accident lawyer will have the knowledge, resources, and dedication to investigate the cause of the crash, identify all responsible parties, and fight for the full compensation you deserve. Don't wait to take legal action. Contact a qualified trucking accident attorney today for a free consultation.
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