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Contact an Atlanta, Georgia trucking accident lawyer at our firm if you have any questions about the federal regulations governing driver qualification, truck accident lawsuits, or to arrange a case consultation.
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Atlanta, Georgia Trucking Accident Lawyer — Driver Qualifications
In Atlanta, Georgia, trucking accident victims know they can trust a lawyer at Fried Rogers Goldberg LLC.. Our attorneys specialize in trucking accident claims and have drawn on that experience to publish a book, Understanding Motor Carrier Claims. This comprehensive book explores the intricacies of motor carrier litigation and is an invaluable resource for trucking accident attorneys nationwide.
Below is a summary of the book's third chapter, "Driver Qualifications." To read the chapter in its entirety, open the PDF at the bottom of this page. If you have any questions and would like to speak with an Atlanta, Georgia trucking accident lawyer, contact Fried Rogers Goldberg LLC. today.
Previous chapter << II. Theories of Liability
Next chapter >> IV. Alcohol and Controlled Substances Testing
III. Driver Qualifications
A. Pre-Employment Screening
A driver applying for employment with a trucking company must complete a comprehensive application listing any moving violations or accidents for the three-year period prior to the date of the application and identifying each motor carrier the driver has worked for the past ten years. A company must either give the driver a road test to determine his ability to operate a commercial vehicle or confirm that he has a commercial driver's license (CDL) issued from a jurisdiction that requires the driver to pass a road test as part of its licensing procedure.
** Practice Pointer **
A trucking accident lawyer should verify that the trucking company actually contacted the driver's prior employers and examine closely any gaps in the driver's employment history.
B. Federal Minimum Standards for Driver Qualifications
Federal regulations require the following minimum standards to be met by the driver. A driver must:
- Be at least 21 years old
- Be able to read and understand the English language well enough to complete necessary reports, converse with the public, and understand road signs
- Be able by reason of experience and/or training to operate safely a commercial vehicle
- Be physically qualified to operate a commercial vehicle
- Have a valid CDL
- Have completed a driver's application for employment and have provided the company the required list of prior moving violations and accidents
- Not be disqualified under any federal regulation
- Have successfully completed a road test or have a CDL from a jurisdiction that requires the driver to pass a road test as part of its licensing procedure.
C. Entry-Level Drivers
Entry-level drivers (those with a CDL and less than one year experience) must receive training from the motor carrier on driver qualifications, hours of service, driver wellness, and whistleblower protection. A carrier must ensure that each entry-level driver has a training certificate as proof of this training.
D. Driver Disqualification
Drivers are disqualified from operating a commercial vehicle for 60 days for any second conviction within a three-year period of any of the following offenses:
- Speeding in excess of 15 mph over the speed limit
- Driving recklessly
- Making improper or erratic lane changes
- Following the vehicle ahead too closely
- Violating any motor vehicle traffic control law arising in connection with a fatal accident
- Driving without a commercial driver's license.
** Practice Pointer **
A trucking accident lawyer should request copies of any records of disqualifications or out-of-service citations concerning the driver.
E. Commercial Driver's Licenses
A driver may not operate a commercial vehicle unless the driver has obtained a valid CDL.
** Practice Pointer **
Make sure the driver is not hiding prior violations by maintaining more than one CDL.
F. Endorsements to CDL
Special endorsements to a CDL are required in order for a driver to operate certain commercial vehicles such as double/triple trailers, passenger vehicles, tankers or vehicles transporting hazardous materials.
G. Physical Requirements
A driver is not physically qualified to operate a motor vehicle if he:
- Has lost a foot, leg, hand, or arm, or has an impairment of his foot, leg, hand, or arm which interferes with his ability to drive
- Has diabetes mellitus requiring insulin for control of the disease
- Has a serious heart condition
- Has a history of respiratory dysfunction
- Has high blood pressure, or joint or muscular problems which interfere with his ability to drive
- Has epilepsy or any other condition which might cause a loss of consciousness
- Has a mental or psychiatric disorder which interferes with his ability to drive
- Has worse than 20/40 vision with corrective lenses
- Has significant hearing loss
- Takes a controlled substance which interferes with the ability to drive
- Has a clinical diagnosis of alcoholism.
** Practice Pointer **
A trucking accident lawyer should request copies of the driver's medical records to determine his physical qualifications.
H. Annual Review of Driving Record
During the course of a driver's employment, the trucking company must perform an annual review of the driver at least every twelve months to determine if the driver is still qualified to operate a commercial vehicle.
** Practice Pointer **
As a trucking accident lawyer, make sure the trucking company conducted an annual review of the driver and actually considered whether he was qualified to continue operating a vehicle.
I. Maintenance of Driver's Qualification File
The trucking company is required to maintain a driver's qualification file on each driver. The documents in the driver's qualification file must be kept by the company for as long as the driver is employed by the company and for an additional three-year period. However, documents related to the annual review may be discarded following a subsequent annual review, and the medical examiner's certificate may be discarded every two years following the replacement with a new certificate.
** Practice Pointer **
Request the entire driver's qualification file.
J. Driver's Duty to Notify His Employer of Violations
A motor carrier may not allow a driver to operate a commercial vehicle if the driver's license has been revoked, suspended, or canceled, or if the driver has more than one driver's license.
Download full chapter: III. Driver Qualifications
Next chapter >> IV. Alcohol and Controlled Substances Testing
Contact an Atlanta, Georgia Trucking Accident Lawyer
If you have any questions regarding driver qualifications, or if you have been involved in a truck collision and are seeking representation, contact an Atlanta, Georgia trucking accident lawyer at Fried Rogers Goldberg LLC. today. We boast an impressive track record of significant truck accident verdicts and settlements. We will help you maximize your claim.