Statutes Applicable to Owners and Drivers

Many, if not the majority, of the Federal Motor Carrier Safety Regulations apply to both motor carrier (i.e., employer) and driver (i.e., employee). In an effort to simplify the subject, one should understand that virtually all of the rules and regulations regarding the operation and maintenance of a tractor-trailer cover and apply to both the motor carrier and the driver. For instance, CFR §390.3 provides that the rules of this chapter are applicable to all employers, employees and commercial motor vehicles which transport property or passengers in interstate commerce. Section 390 further mandates that every employer shall be knowledgeable of and comply with all regulations which are applicable to that motor carrier's operation. 49 CFR §390.3(e)(1). Every driver and employee shall be instructed regarding, and shall comply with all regulations contained in this subchapter. 49 CFR §390.3(e)(2). The general requirements and information of the Federal Motor Carrier Rules and Regulations further state that whenever a duty is prescribed for a driver or a prohibition is imposed upon the driver, it shall be the duty of the motor carrier to require observance of such duty or prohibition. Furthermore, if the motor carrier is a driver, the driver shall likewise be bound. 49 CFR §390.11. The Regulations specifically address aiding and abetting violations in that "no person shall aid, abet, encourage, or require a motor carrier or its employees to violate the rules. 49 CFR §390.13.

In summary, virtually all of the rules and regulations set forth in §390 through §397 of the Federal Motor Carrier Safety Regulations apply to both motor carrier and driver. The rules in §383 regarding commercial driver's license standards; requirements and penalties, are applicable to every person who operates a commercial motor vehicle in interstate or intrastate commerce and to all employers (motor carriers) of such persons. Of course, minimal levels of financial responsibility as set forth in §387 apply to the motor carrier as it is their responsibility to obtain and keep in force the appropriate amount of liability insurance. Section 40 of the Federal Motor Carrier Safety Regulations covers all parties involved in alcohol and drug testing procedures, including but not limited to motor carriers and drivers. Finally, §382 which covers controlled substances and alcohol use and testing naturally applies to both motor carrier and driver. (See pre-employment testing at §382.301 and post-accident testing at §382.303).