Federal Motor Carrier Regulations Governing Truck Driver Safety

The Federal Motor Carrier Safety Administration (FMCSA) enforces a comprehensive set of rules and regulations designed to enhance truck driver safety and reduce the risk of accidents involving commercial motor vehicles. These regulations are critical for protecting both truck drivers and the public on San Diego’s roads and highways. Below are the key FMCSA regulations aimed at improving truck driver safety.

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1. Distracted Driving Rules

The FMCSA prohibits commercial truck drivers from engaging in distracted driving behaviors, such as texting or using a handheld mobile phone while operating a commercial motor vehicle.

Prohibited Actions Include:

• Texting while driving. (49 CFR § 392.80)
• Holding or dialing a handheld mobile phone. (49 CFR § 392.82)
• Using any device that requires reaching or taking eyes off the road.

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2. Commercial Driver’s License Requirements

To ensure that drivers have the necessary skills and knowledge to operate large trucks safely, the FMCSA requires all truck drivers to hold a Commercial Driver’s License (CDL).

CDL Standards:

• Drivers must pass written and skills tests specific to the type of vehicle they will operate. (49 CFR Part 383)
• Special endorsements are required for transporting certain cargo, such as hazardous materials (HazMat) or double/triple trailers. (49 CFR § 383.93)
• Drivers must meet age requirements (21 years old for interstate commerce). (49 CFR § 391.11)

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3. Medical Certification

Truck drivers must pass regular medical examinations to ensure they are physically capable of safely operating a CMV.

Medical Requirements:

• Obtain a Medical Examiner’s Certificate from an FMCSA-approved medical professional. (49 CFR § 391.43)
• Drivers with certain medical conditions, such as epilepsy or severe vision impairment, may be disqualified unless properly managed. (49 CFR § 391.41)
• Use of prescribed medications must not impair driving ability.

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4. Driver Background Checks

The FMCSA requires trucking companies to perform thorough background checks on drivers before hiring them.

Background Check Requirements:

• Driving Record Verification: Employers must obtain a Motor Vehicle Record for the previous three years from every state where the driver held a license. (49 CFR § 391.23)
• Employment History Review: Employers must investigate a driver’s past three years of employment to verify experience and identify potential safety concerns. (49 CFR § 391.23)
• Criminal Background Checks: For drivers transporting sensitive or hazardous materials, the FMCSA may require criminal background checks to ensure compliance with Hazardous Materials Regulations (HMR). (49 CFR Part 1572)
• Drug and Alcohol Testing History: The FMCSA requires employers to review a driver’s drug and alcohol testing history for the past three years. (49 CFR § 382.413)

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When trucking companies violate these FMCSA safety regulations, they put the public at risk and face liability for the harm they cause. An experienced trucking attorney knows how to identify the key regulations and uncover any instances of violations.

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5. Drug and Alcohol Testing

The FMCSA enforces strict drug and alcohol testing requirements to ensure that drivers are sober and fit to operate a commercial vehicle.

Prohibited Alcohol Levels:

• Drivers are prohibited from operating a CMV with a blood alcohol concentration (BAC) of 0.04% or higher. (49 CFR § 392.5)

Testing Requirements:

• Pre-Employment Testing: Drivers must pass a drug test before beginning employment. (49 CFR § 382.301)
• Random Testing: Employers must conduct random drug and alcohol tests throughout the year. (49 CFR § 382.305)
• Post-Accident Testing: Testing is mandatory after accidents involving fatalities or significant property damage. (49 CFR § 382.303)
• Reasonable Suspicion Testing: Employers may test drivers if they suspect drug or alcohol use. (49 CFR § 382.307)

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6. Hours-of-Service (HOS) Regulations

To prevent driver fatigue—a leading cause of truck accidents—the FMCSA enforces Hours-of-Service rules. These regulations limit how long drivers can operate commercial vehicles without rest.

HOS Rules:

• 11-Hour Driving Limit: Truck drivers may drive a maximum of 11 hours after 10 consecutive hours off duty. (49 CFR § 395.3)
• 14-Hour Workday Limit: Drivers cannot drive after 14 consecutive hours on duty, including breaks and non-driving tasks. (49 CFR § 395.3)
• 30-Minute Break Rule: Drivers must take a 30-minute break after 8 cumulative hours of driving. (49 CFR § 395.3)
• 60/70-Hour Weekly Limit: Drivers may not exceed 60 hours on duty over 7 days or 70 hours over 8 days. (49 CFR § 395.3)

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7. Electronic Logging Devices (ELDs) Compliance

To enforce Hours-of-Service rules, the FMCSA requires most commercial trucks to use Electronic Logging Devices (ELDs) to track driving hours and rest periods.

ELD Requirements:

• Automatic Recording: ELDs automatically log driving hours and vehicle movement. (49 CFR Part 395, Subpart B)
• Tamper-Proof: Devices must be secure and resistant to tampering. (49 CFR § 395.22)
• Accessible Logs: Trucking companies must maintain ELD records for inspection. (49 CFR § 395.8)

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8. Vehicle Maintenance and Inspection Requirements

Proper truck maintenance is critical for preventing mechanical failures that can lead to catastrophic accidents. The FMCSA and the California Highway Patrol (CHP) enforce strict maintenance standards.

Maintenance Requirements:

• Daily Inspections: Drivers must perform pre-trip and post-trip inspections of their vehicles. (49 CFR § 396.13, 396.11)
• Annual Inspections: Commercial trucks must undergo a comprehensive annual inspection by a qualified inspector. (49 CFR § 396.17)
• Brake System Checks: Regular inspections and maintenance of braking systems are mandatory. (49 CFR § 393.40)
• Tire and Load Checks: Tires, lights, and cargo securement systems must meet safety standards. (49 CFR § 393.75, 393.100)

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9. Cargo Securement Regulations

Improperly secured cargo can shift during transport, leading to rollovers, jackknife accidents, and road debris hazards.

Cargo Regulations:

• Weight Limits: Trucks must adhere to federal and state weight restrictions to prevent overloading. (49 CFR § 393.100)
• Tie-Down Requirements: Specific rules apply to the number and type of tie-downs used for different cargo. (49 CFR § 393.106)
• Hazardous Materials (HazMat): Trucks carrying hazardous materials must comply with the Hazardous Materials Regulations (HMR), including proper labeling and secure containment. (49 CFR Part 177, Subpart B)

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Consequences of Regulatory Non-Compliance

When trucking companies fail to follow these regulations, the consequences can be severe, including:

• Increased Accident Risk: Mechanical failures, fatigued drivers, and unsecured cargo can lead to deadly crashes.
• Legal Penalties: Fines, license suspensions, and lawsuits can cripple a company financially.
• Liability for Accidents: Non-compliant trucking companies can be held legally responsible for injuries and fatalities.

At Hulburt Law Firm, we thoroughly investigate truck accident cases to uncover any regulatory violations that contributed to the crash. 

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Legal Options for Truck Accident Victims in San Diego

If you or a loved one has been injured in a truck accident, our experienced attorneys can help you pursue compensation for:

• Medical Expenses (current and future)
• Lost Wages and Loss of Earning Capacity
• Pain and Suffering
• Property Damage
• Wrongful Death Damages (for surviving family members)

By identifying violations of federal and state trucking regulations, we can build a strong case to maximize your compensation.

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Why Choose Hulburt Law Firm?

At Hulburt Law Firm, our award-winning San Diego Truck Accident Attorneys have extensive experience handling trucking cases. We have recovered life-changing results on behalf of individuals and families harmed by semi-trucks, dump trucks, box trucks, work vans, and all manner of commercial vehicles. We know the federal regulations and how to hold negligent companies accountable. 

What We Offer:

• Free Consultation – No fees unless we win your case.
• Aggressive Representation – We take on powerful trucking companies and their insurers.
• Personalized Service – We listen, we care, and we fight for what’s right.

If you or a loved one has been injured in a truck accident in San Diego, contact us today for a free consultation. The Truth Demands Justice.

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Related Content:

• The Role of FMCSA Regulations in Truck Accident Lawsuits
• The Investigation Process for Truck Accidents in San Diego: A Comprehensive Guide

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