Federal Highway Administration Regulations

Now that you have a flavor of the Federal Regulations, I will briefly discuss specific regulations which you may find to be significant in the handling of tractor-trailer crash cases. It is imperative that the attorney handling these type cases be thoroughly familiar with the Federal Rules and Regulations so that his or her investigation surrounding a tractor-trailer collision will be sufficient and competent. I would highly recommend that any attorney pursuing one of these claims purchase a Federal Motor Carrier Safety Regulations Handbook (management edition) which is published quarterly. Furthermore, because the Alabama Supreme Court has ruled that the Federal Motor Carrier Safety Regulations are similar to OSHA standards and are admissible into evidence regarding the standard of care, the plaintiff's attorney should introduce said regulations into evidence and be prepared to refer to them throughout the course of the trial. Osborne Trucklines, Inc. v. Langston, supra. Note: Violations of said Federal Regulations have not been held to be negligence per se, and, therefore, are only used as a guideline (i.e., standard) for the jury to determine whether or not the defendant was negligent/wanton.

The following is a list of significant sections with brief comments:

Section 383.21(a) NUMBER OF DRIVER'S LICENSES -- It is illegal for a person who operates a commercial motor vehicle to have more than one driver's license.

Sections 385.1 through 385.23 SAFETY FITNESS PROCEDURE -- The Federal Highway Administration conducts safety and compliance reviews of motor carriers and assigns safety ratings of satisfactory, conditional, unsatisfactory or unrated. This information can be obtained by the public through the Federal Highway Administration.

Section 391.15 DISQUALIFICATION OF DRIVERS -- A driver can be disqualified if he is convicted of driving a commercial vehicle while under the influence of alcohol (BAC of 0.04 or refusing a test); driving under the influence of narcotics; leaving the scene of an accident; or committing a felony involving a motor vehicle.

Section 392.6 SCHEDULES TO CONFORM WITH SPEED LIMITS -- Motor carriers are not allowed to schedule trips that require a driver to speed.

Section 392.7 EQUIPMENT INSPECTION AND USE -- Drivers are required to check brakes, steering mechanism, lights, tires, horns, windshield wipers, rear view mirrors and coupling devices to make sure they are in good working order and shall not drive the vehicle if they are not (e.g. pre-trip and post-trip inspections).

Section 393.42 BRAKES REQUIRED ON ALL WHEELS -- With a few narrow exceptions, every commercial vehicle must be equipped with brakes on all wheels.

Section 395.3 MAXIMUM DRIVING AND ON-DUTY TIME -- This section restricts the amount of time a driver is allowed to drive and sets out specific requirements for rest.

Section 395.8 DRIVERS' RECORD OF DUTY STATUS -- Drivers are required to keep logs of their duty status for each 24-hour period. The failure to keep complete and accurate records will subject the driver and the carrier to prosecution. However, the company and driver are not required to keep logs more than 6 months. Many drivers maintain 2 separate logs (one for state troopers and the other for their employer). Furthermore, a driver is required to retain a copy of each record of duty status for the previous 7 consecutive days which shall be in his or her possession and available for inspection while on duty.

Section 396.3 INSPECTION, REPAIR AND MAINTENANCE -- Motor carriers are required to have a system to inspect, repair and maintain all its trucks.

Sections 382.303 and 391.113 POST-ACCIDENT TESTING -- Many attorneys and private motorists assume that truck drivers are automatically tested for alcohol and/or drugs after each accident. This is not true. If an accident results in a human fatality, drug and alcohol testing must be done of the surviving driver by his or her employer. Furthermore, if an accident involves bodily injury to any person who receives medical treatment away from the scene and the driver receives a citation under state or local law, alcohol and controlled substance testing is also required by the employer. Furthermore, the driver shall provide a urine sample to be tested for the use of controlled substances as soon as possible, but not later than 32 hours after an accident in certain situations.

Section 392.22 STOPPED VEHICLE -- When a vehicle is stopped, there are certain requirements regarding the use of signals such as warning signal flashers and three emergency reflective triangles, etc.

Section 392.14 USE EXTREME CAUTION -- A driver must use extreme caution during hazardous driving conditions affecting visibility or traction which include conditions such as snow, ice, sleet, fog, mist, rain, dust and smoke. (What about sun?).

Section 387.9 FINANCIAL RESPONSIBILITY REQUIRED -- No trucking company shall operate a motor vehicle until said company has obtained the minimum levels of insurance as required.

Section 392.60 UNAUTHORIZED PERSONS NOT TO BE TRANSPORTED --No driver shall allow an unauthorized person (i.e., family member/hitchhiker) to ride in his or her vehicle without written authorization from the motor carrier.

Section 392.33 OBSCURED LAMPS OR REFLECTIVE DEVICES --No tractor-trailer shall be driven when any lamps or reflective tape (which are required) are obscured by the tailboard, or by any part of the load or its covering. In other words, logs, dump truck covers, mud/dirt should not cover the taillights or reflective tape on a commercial vehicle.

Section 396.7 UNSAFE OPERATIONS FORBIDDEN -- A tractor-trailer shall not be operated in such a condition as to likely cause an accident or a breakdown. If a truck or trailer is discovered to be in an unsafe condition while being operated on the highway, the operation may be continued only to the nearest place where repairs can safely be done.

Section 392.1 RADAR DETECTORS -- No driver shall use a radar detector in a commercial vehicle or operate a commercial vehicle that is equipped with a radar detector (i.e., fuzz buster). Furthermore, no trucking company shall require or permit a driver to violate this prohibition.