Federal Trucking Regulations
Because of the serious risks to the general public
caused by truck drivers and the massive tractor-trailers
they drive, the Federal Motor Carrier Safety
Administration (FMCSA) imposes strict regulations on
many aspects of their operation on the nation’s
highways, including roads in Pennsylvania.
> See a short list of
Federal
Trucking Regulations.
Some regulations cover the trucking company. For
example, Part 379, “Preservation of Records,” sets out
timelines for the retention of documents. Under those
regulations, companies must keep documents which record
personal injury claims against the company for up to one
year after the settlement of the claims.
Other FMCSA regulations cover the vehicle. They
include Part 396.3, “Inspection, Repair and
Maintenance,” under which every motor carrier must
systematically inspect, repair, and maintain its truck
fleet, including the frame and frame assemblies,
suspension systems, axles and attaching parts, wheels
and rims, and steering systems of 18-wheelers. Part
393.75 addresses tires, stating: “No motor vehicle shall
be operated on any tire that (1) has body ply or belt
material exposed through the tread or sidewall, (2) has
any tread or sidewall separation, (3) is flat or has an
audible leak, or (4) has a cut to the extent that the
ply or belt material is exposed.”
Still other regulations cover the driver. For
instance, Part 382 of the FMCSA’s regulations, entitled
“Controlled Substances and Alcohol Use and Testing,”
establishes programs to help prevent accidents and
injuries resulting from the misuse of alcohol or use of
controlled substances by drivers of commercial motor
vehicles. Under the regulations, “no driver shall report
for duty or remain on duty requiring the performance of
safety-sensitive functions while having an alcohol
concentration of 0.04 or greater.”
Another important set of regulations deals with
driver fatigue and drowsiness, conditions that result in
reckless behavior such as failure to keep in the proper
lane and running off the road. Tired truckers are of
such concern that in April 2003 the FMCSA instituted new
Hours of Service regulations to curb truck drivers’
problems with fatigue. While these laws have helped
reduce the number of truck accidents, the U.S. National
Transportation Safety Board still lists driver fatigue
as a probable factor in 20-40 percent of trucking
collisions. For more information on accident causes,
review our
Causes of Truck Accidents page.
Many of the Hours of Service rules were changed in
2005. These new rules give truck drivers a greater
chance to get necessary rest and sleep, while
recognizing the business needs of drivers and motor
carriers.
Among the changes which took effect October 1, 2005:
- Truck drivers may drive up to 11 hours in the
14-hour on-duty window after they come on duty
following 10 or more consecutive hours off duty.
- The 14-hour on-duty window may not be extended
with off-duty time for meal and fuel stops, etc.
- The prohibition on driving after being on duty
60 hours in 7 consecutive days, or 70 hours in 8
consecutive days, remains the same, but drivers can
“restart” the 7/8 day period anytime a driver has 34
consecutive hours off duty.
- CMV drivers using the sleeper berth provision
must take at least 8 consecutive hours in the
sleeper berth, plus 2 consecutive hours either in
the sleeper berth, off duty, or any combination of
the two.
Fatigued or impaired truck drivers, unsafe parts or
inadequate tire and brake inspections are among the many
causes of tractor trailer wrecks. If you or someone you
love has been injured in a trucking accident, contact
the Pennsylvania tractor trailer accident attorneys of
Munley, Munley, & Cartwright. The quicker you obtain our
services, the faster we can get our team of
investigators into place and the faster we can begin
preparing your case so that you can obtain the
compensation that you deserve. Contact us
today at 1-800-318-LAW1 or
contact us online.
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