Rules and Regulations that Govern the Trucking Industry
If you would like to speak to an attorney about a potential Florida truck accidents case, please contact Neufeld, Kleinberg, and Pinkiert, P.A.
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Rules and Regulations that Govern the Trucking Industry

truck accident lawyers should be familiar with FMCSA regulations
truck accident lawyers should be familiar with FMCSA regulations
Previous posts have discussed how trucking accident lawyers view and analyze the car-accident case (mostly governed by state laws) differently from the truck accident case (mostly governed by federal laws). Below are some of the relevant laws:

Truck Driver Regulations

    1. 49 CFR 40.1; 382.101: this is the system of testing and record keeping for drug and alcohol use by truck drivers.
    2. 49 CFR 383.1: Commercial Driver’s License requirements
    3. 49 CFR 391.11: Driver qualifications – age, road tests, background checks, record keeping, and physical examinations.
    4. 49 CFR 392.1: Sets forth the rules of the road. Deals with handling emergency signaling, lights and reflectors use, turn signals, hazardous conditions and driver’s fatigue.
    5. 49 CFR 392.2: Applicable Operating Rules. Notes that if there are two potentially conflicting safety rules (one state law vs. FMCSA) the higher standard of care must be followed.
    6. 49 CFR 392.3: If the driver’s ability or alertness is in any way impaired, or is likely to become impaired (fatigue, illness or other cause), that driver may not operate the truck. Exceptions exists for hauling ultra-hazardous materials.

The Florida commercial driver’s license manual should also be used to determine the rules of the road.

  1. 49 CFR 395.1: This section sets forth the maximum Hours of Service (i.e. how much continuous driving one may do and the required resting time in between).

Truck Driver Employer | Motor Carrier Regulations

  • 49 CFR 387.1: Sets forth minimum insurance requirements.
  • 49 CFR 390.11; 390.13; 395.3; and 395.5: Sets forth the truck-driver employer’s obligation to validate HOS logs.
  • 49 CFR 391.23: it is the employer’s duty to ensure that the truck-drivers employed are qualified.
    • 49 CFR 391.41(b)(5): a person is physically qualified to drive a commercial motor vehicle, if that person has no established medical history or … respiratory dysfunction (refers to sleep apnea, which can affect truck drivers who are obese) likely to interfere with his/her ability to drive a commercial motor vehicle safely.
  • 49 CFR 392.9: establishes standards for securing items in or on the truck – so they do not fall during transport. The motor carrier is responsible unless the truck was packed/loaded by a shipper, who then sealed the door themselves (shippers usually do not allow truck drivers on the loading dock).
  • 49 CFR 396.1: Motor carriers must regularly inspect, maintain and repair their truck fleet.

If you would like to speak to an attorney about a potential Florida truck accident case, please call 800.379.TEAM and ask for Jason Neufeld or he can be emailed directly at jneufeld@nkplaw.com.

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