Truck drivers and trucking companies must follow both state and federal regulations. The federal regulations are exacted by the Federal Motor Carrier Safety Administration (FMCSA), which dictates all aspects of trucking safety on the road. Federal regulations cover many issues including drug and alcohol testing, hours of service, trailer markings and large truck maintenance. Large truck companies must respect the “rules of the road”, hiring safe truckers that follow FMCSA regulations. Learn more below, or feel free to contact us with questions.
Excerpts from FMCSA
Every motor carrier and its employees must be knowledgeable of and comply with the requirements and specifications of this CFR, Parts And Accessories Necessary For Safe Operation. While it may seem self-evident, every truck driver, company and manufacturer is responsible for the inspection, repair, and maintenance of their equipment. Additionally, motor carriers must be knowledgeable of — and comply with — the applicable requirements and specifications of this part.
For a complete listing of the parts/accessories and definitions of such, please visit the Code of Federal Regulations.
The Motor Carrier Safety Assistance Program (MCSAP) is a Federal formula grant program that provides financial assistance to U.S. states to reduce the number and severity of crashes. The goal of MCSAP is to reduce commercial motor vehicle (CMV)-involved crashes, fatalities, and injuries through consistent, uniform, and effective CMV safety programs that include trucker or truck inspections, traffic enforcement, accident investigations, truck carrier investigations, new entrant safety audits, safety data improvements, and Performance and Registration Information Systems Management (also known as PRISM). The end goal of this program: make the American driver safer in every capacity. The Motor Carrier Safety Assistance Program is a means of making our roads safer; when federal, state and local entities comply, the system works as it should. It is therefore critical that we maintain this system of compliance monitoring of truck carriers to ensure that the program continues to work as it is intended.
The purpose of this part is to establish programs designed to help prevent accidents resulting from the misuse of alcohol or use of controlled substances by drivers of commercial motor vehicles. The requirements of 49 CFR 382 apply to both employers (truck carriers) and their truck drivers in any state. Truck carriers must implement an alcohol and controlled substances testing program, if the carrier has two or more employees. Even an employer who employs only himself/herself as a driver shall implement a random alcohol and controlled substances testing program, similar to that of a program that covers two or more employees in a random testing selection pool. Among the testing “red flags” are on- or pre-duty use of alcohol or drugs, alcohol or drugs following an accident, refusal to submit to a required alcohol or controlled substances test, and controlled substance use. Any driver that tests positive for drugs or alcohol should be immediately removed from driving duties.
The Commercial Driver's License Standards; Requirements And Penalties (49 CFR 383) comes into effect when a truck driver and/or trucking company willfully violates the licensing rules that keep unsafe drivers off the road and causes other drivers' injuries. This CFR prohibits a truck driver from having more than one commercial motor vehicle driver's license; requires a driver to notify his/her current employer and the driver's state of domicile of certain convictions; and requires that a truck driver provide previous employment information when applying for employment as an operator of a commercial motor vehicle.
With few exceptions, any person who operates a commercial motor vehicle (CMV) — including those who have a commercial learner's permit (CLP) or commercial driver's license (CDL) — shall notify an official (truck carrier, state if required, etc.) if they have been convicted of a crime. The notification must be made within 30 days after the date that the person has been convicted. Furthermore, no employer may allow, require, permit, or authorize a driver to operate a commercial motor vehicle if the employer knows or should reasonably know that the driver does not have a current CLP or CDL or does not have a CLP or CDL with the proper class or endorsements, or has been disqualified from operating a CMV.
49 CFR Part 391 deals with the Qualification of Drivers and Longer Combination Vehicle (LCV) Driver Instructions. These regulations establish minimum qualifications for persons who drive commercial motor vehicles on behalf of motor carriers, as well as minimum duties of motor carriers with respect to the qualifications of their drivers. Even small motor carriers (with one or more drivers) and mom-and-pop truck companies must comply with these rules.
A person is qualified to drive if they:
(1) Are at least 21 years old;
(2) Can read and speak the English language sufficiently to converse with the general public, to understand highway traffic signs and signals in the English language, to respond to official inquiries, and to make entries on reports and records;
(3) Can, by reason of experience, training, or both, safely operate the type of commercial motor vehicle he/she drives;
(4) Is physically qualified to drive a commercial motor vehicle in accordance with subpart E - Physical Qualifications and Examinations of this part;
(5) Has a currently valid commercial motor vehicle operator's license issued only by one State or jurisdiction;
(6) Has prepared and furnished the motor carrier that employs him/her with the list of violations or the certificate as required by § 391.27;
(7) Is not disqualified to drive a commercial motor vehicle under the rules in § 391.15; and
(8) Has successfully completed a driver's road test and has been issued a certificate of driver's road test in accordance with §391.31, or has presented an operator's license or a certificate of road test which the motor carrier that employs him/her has accepted as equivalent to a road test in accordance with § 391.33.
With limited exceptions, a person shall not drive a commercial motor vehicle unless he/she has first successfully completed a road test and has been issued a certificate of driver's road test in accordance with this section. A medical exam may also be required. Finally, each motor carrier must maintain records relating to the investigation into the safety performance history of a new or prospective driver.
This section considers the means through which a driver may become unable to safely operate a motor vehicle or truck. This CFR includes the following sections that are pertinent to our scope of practice:
Ill or fatigued operator. No driver shall operate a commercial motor vehicle, and a motor carrier shall not require or permit a driver to operate a commercial motor vehicle, while the driver's ability or alertness is so impaired, or so likely to become impaired, through fatigue, illness, or any other cause, as to make it unsafe for him/her to begin or continue to operate the commercial motor vehicle.
Driver under the influence of drugs. No driver shall be on duty and possess, be under the influence of, or use, any Schedule I substance; an amphetamine or any formulation thereof (including, but not limited, to “pep pills,” and “bennies”); a narcotic drug or any derivative thereof; or any other substance, to a degree which renders the driver incapable of safely operating a motor vehicle.
Driver under the influence of alcohol. No driver shall use alcohol or be under the influence of alcohol, within 4 hours before going on duty or operating, or having physical control of, a commercial motor vehicle.
Speeding. No motor carrier shall schedule a run nor permit nor require the operation of any commercial motor vehicle between points in such period of time as would necessitate the commercial motor vehicle being operated at speeds greater than those prescribed by the jurisdictions in or through which the commercial motor vehicle is being operated.
Equipment, inspection and use. No commercial motor vehicle shall be driven unless the driver is satisfied that the following parts and accessories are in good working order: service brakes, including trailer brake connections; parking (hand) brake; steering mechanism; lighting devices and reflectors; tires; horn; windshield wiper or wipers; rear-vision mirror or mirrors; coupling devices; wheels and rims; and any emergency equipment.
Given the danger of the trucking profession, the Federal Code of Regulations has stringent standards about the working conditions and consecutive working hours for commercial truck drivers. Regulations for driving in adverse or emergency conditions, driving without a break, and maintaining accurate records of all drivers’ working hours are covered in 49 CFR Part 395, more of which can be viewed at the Federal Register. We encourage all trucking company employees — from truck drivers to schedulers to industry executives — to take the threat of driver fatigue seriously.
With few exceptions, no motor carrier shall permit or require any trucker to drive a truck (or any property-carrying commercial motor vehicle) unless the driver complies with a number of drive time mandates. These drive time mandates fall loosely into two schemas: a 60-hour/7 day limit, or a 70-hour/8-day limit. The scope of these limitations depend on a number of factors, including motor carrier policy.
Several FMSCA answers to common questions regarding this regulation can be found below. (More information can be found here.) For questions concerning liability with regard to this regulation, please call us for a free consultation.
Question: May a motor carrier switch from a 60-hour/7-day limit to a 70-hour/8-day limit or vice versa?
Answer: Yes. The only restriction regarding the use of the 70-hour/8-day rule is that the motor carrier must have Commercial Motor Vehicle CMVs operating every day of the week. The assignment of individual drivers to the 60-hour/7-day or the 70-hour/8-day time rule is left to the discretion of the motor carrier.
Question: Does a driver have the option of using either 60/7 or 70/8 rule in computing their hours of service?
Answer: No. The motor carrier that employs the driver on a full-time basis determines which rule it will use to comply with; the driver does not have the option to select the rule he/she wishes to use.
Question: What is the liability of a motor carrier for hours of service violations?
Answer: The carrier is liable for violations of the hours of service regulations if it had or should have had the means by which to detect the violations. Liability under the Federal Motor Carrier Safety Regulations (FMCSRs) does not depend upon actual knowledge of the violations.
Question: Are carriers liable for the actions of their employees even if the carrier contends that it did not require/permit the violations to occur?
Answer: Yes. Carriers are liable for the actions of their employees. Neither intent to commit, nor actual knowledge of, a violation is a necessary element of that liability. Carriers “permit” violations of the hours of service regulations by their employees if they fail to have in place management systems that effectively prevent such violations.
Trucks are only as safe as they are rigorously maintained; it should come as no surprise that every motor carrier (and equipment provider) is required to systematically inspect, repair, and maintain all equipment within its control. The Code of Federal Regulations - 49 Part 396 outlines the schedule and thoroughness required for each component.
All commercial vehicles must undergo what is called “systematic inspection, repair, and maintenance”. Generally, this means a regular or scheduled program to keep vehicles, including trucks (semi trucks, tractor trailers, 18 wheelers and big rigs) in a safe operating condition. Parts and accessories for trucks, tractor trailers, big rigs and other commercial trucking equipment shall be in safe and proper operating condition at all times. These include any additional parts and accessories which may affect safety of operation, such as frame and frame assemblies, suspension systems, axles and attaching parts, wheels and rims, and steering systems.
In addition to parts and accessories maintenance, motor carriers — notably, trucking companies — must maintain records for each motor vehicle they control for 30 consecutive days. These records must include: an identification of the vehicle including company number; a means to indicate the nature and due date of the various inspection and maintenance operations to be performed; and a record of inspection, repairs, and maintenance indicating their date and nature. (The records required by this section shall be retained where the vehicle is either housed or maintained for a period of 1 year and for 6 months after the motor vehicle leaves the motor carrier's control.)
A comprehensive overview of the maintenance requirements is available at the Federal Register.
49 CFR Part 397 outlines the rules and regulations related to transportation of hazardous materials.
Some of the hazardous materials requirements include the following:
Parking.
A motor vehicle which contains hazardous materials must not be parked under any of the following circumstances:
(1) On or within 5 feet of the traveled portion of a public street or highway; (2) On private property (including premises of fueling or eating facility) without the knowledge and consent of the person who is in charge of the property and who is aware of the nature of the hazardous materials the vehicle contains; or (3) Within 300 feet of a bridge, tunnel, dwelling, or place where people work, congregate, or assemble, except for brief periods when the necessities of operation require the vehicle to be parked and make it impracticable to park the vehicle in any other place. (4) Within five feet of the traveled portion of public street or highway except for brief periods when the necessities of operation require the vehicle to be parked and make it impracticable to park the vehicle in any other place.
Fires.
While it may seem self-evident, motor vehicles containing hazardous materials must not be operated near an open fire unless the driver has first taken precautions to ascertain that the vehicle can safely pass the fire without stopping.
Smoking. No person may smoke or carry a lighted cigarette, cigar, or pipe on or within 25 feet of motor vehicle which contains hazardous or flammable materials.
Marking.
Even an empty tank motor vehicle, which has been used to transport flammable materials or gases, must be marked or placarded in accordance with the rules in § 177.823 of this title. This ensures that both private citizens and trucking industry professionals are aware of the risks inherent in smoking near hazardous materials.
Fueling. When a motor vehicle containing hazardous materials is being fueled, its engine must not be operating, and a person must be in control of the fueling process at the point where the fuel tank is filled.
For more information, please visit: Transportation of Hazardous Materials at the Code of Federal Regulations website.