Federal Regulation of Trucking Companies
The Federal Motor Carrier Safety Administration (FMCSA), established in 2000, promulgates regulations for trucking companies in the United States. The FMCSA has its headquarters in Washington, D.C., and it employs more than 1,000 people.
The primary mission of the FMCSA is to improve the safety of trucks and commercial motor vehicles (CMV) and to regulate truck drivers through the enactment and enforcement of safety regulations. The FMCSA has three separate divisions; Analysis, Research and Technology. These three offices are referred to collectively as “ART”.
The comprehensive rules made by the FMCSA makes must be adhered to by both drivers and their employers.
While there are a few exemptions from these regulations, if the truck travels from state to state, the company and driver have to comply with the regulations.
The Complete Federal Motor Carrier Safety Regulations of the Federal Motor Carrier Safety Administration can be found at their website located at “http://www.fmcsa.dot.gov/“.
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Some of the main regulations which are important in many 18 wheeler lawsuits are as follows:
Rule 40 – Procedures for transportation workplace drug and alcohol testing programs
Rule 379 – Preservation of records
Rule 380 – Special training requirements
Rule 391 – Qualification of drivers -many times drivers are not fit to drive as provided by the minimum standards of the regulations.
Rule 392 – Driving of vehicles – this section provides for pre and post trip inspections, the physical condition of the driver, and other important standards.
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Rule 393 – Deals with necessary safety requirements for the condition of commercial vehicles- such as brakes, lighting and warning reflectors.
Rule 395 – Provides the maximum on duty and driving hours a driver can log.
Rule 399 – Employee safety and health standards
Rule 571 – Federal Motor Vehicle Safety Standards
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Appendix G Appendix G to Subchapter B—Minimum periodic inspection standards
Complete Federal Motor Carrier Safety Regulations can be found at www.fmcsa.dot.gov.
Texas has adopted the FMCSR to apply to the operation of the Truck and Motor carrier in intra-State or transportation within the State of Texas, however, certain exemptions apply for example as it applies to farm equipment.
If you or a loved one has been injured or one of your loved ones has suffered a fatality in an accident with an 18 wheeler truck, it is important that you find a qualified tractor-trailer, 18-wheeler accident attorney who is well versed in the application of Motor Carrier rules and regulations and who has a track record of success in trucking litigation.
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