Federal Motor Carrier Safety Regulations
The primary mission of The Federal Motor Carrier Safety
Administration is the prevention of commercial motor vehicle-related fatalities
and injuries. As part of its
responsibility for improving commercial vehicle safety, the Administration has
promulgated The Federal Motor Carrier Safety Regulations (FMCSR). The regulations contain a comprehensive
set of rules which, among many other things, govern the operation, maintenance,
and inspection of large commercial motor vehicles operating in interstate
commerce. They also regulate
commercial driver’s license standards, controlled substance and alcohol use,
qualifications of drivers, and hours of service of drivers.
When a truck driver and his trucking company violate the federal
regulations and, as a result, cause an accident injuring others, the violations
may establish the foundation of a personal injury lawsuit against the driver
and the trucking company. Based on
their long years’ of experience with trucking litigation, the truck accident attorneys at
Allen and Allen have found the regulations listed below are among the ones that
may to play a significant role in truck accident litigation.
If you’ve been injured in an accident involving a large
commercial vehicle or you have a family member who has been killed in such an
accident, contact our tractor trailer accident attorney today.
We handle cases nationwide.
Call us today at 866-388-6408.
Federal Motor Carrier Safety Regulations:
Pre-employment alcohol testing
– Post- Accident testing
– Random testing
– Consequences for Drivers Engaging in Substance Use-Related conduct
– §383.155 – Commercial Driver’s License Standards; Requirements and Penalties
– Knowledge and Skills required of commercial motor vehicle operators in
– Basic vehicle control skills, safe driving skills, air brake skills and
pre-trip inspection skills
to Part 380– Special Training
Requirements (§§ 380.101 to 380.513); Subpart G: Required
Knowledge and Skills – Sample Guidelines
– Minimum levels of financial responsibility required of motor carriers of
property operating in interstate, foreign or intrastate commerce.
– Assistance in investigations and special studies
– Marking of commercial motor vehicles with placards identifying the name or
trade name of the motor carrier operating the commercial motor vehicle.
– Qualification of commercial motor vehicle drivers
- Disqualification of commercial motor
– Physical qualifications for drivers
– Maintenance of files pertaining to driver qualifications
- Ill or fatigued operator
– Drugs and other substances
– Alcohol prohibition
– Schedules to conform with speed limits
– Equipment inspection and use of commercial motor vehicle
– Emergency equipment, inspection, and use of commercial motor vehicle
– Inspection of cargo, cargo securement devices and systems (safe loading)
– Emergency signals; stopped commercial motor vehicles
393 – Motor vehicle parts and accessories necessary for safe operation
– Hours of service of drivers
– Driver’s record of duty status - Driver logs
– Inspection, repair and maintenance required of motor carriers
397 – Transportation of hazardous materials; driving and parking rules