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Contact our truck accident attorneys — serving Columbus, Macon, and Augusta, Georgia — if you have any questions about the FMCSR's safety regulations, truck accident lawsuits, or to arrange a case consultation.
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Truck Accident Attorneys Serving Columbus, Augusta, & Macon, Georgia — Safety Regulations
Federal Motor Carrier Safety Regulations (FMCSR) are applicable to all employers, employees, and commercial motor vehicles which transport property or passengers in interstate commerce. At Rogers and Goldberg LLC, our truck accident attorneys, who provide Columbus, Augusta, and Macon, Georgia-area victims the highest standard of representation, have outlined the FMCSR guidelines below. We specialize in trucking accident litigation, and our book, Understanding Motor Carrier Claims, is a resource for truck accident attorneys nationwide.
Below is a summary of the book's sixth chapter, "Federal Motor Carrier Safety Regulations." To read the chapter in its entirety, open the PDF at the bottom of this page. If you have any questions, contact our truck accident attorneys — serving Columbus, Augusta, Macon, and all of Georgia — and arrange a consultation.
Previous chapter << V. Hours of Service Regulations
Next chapter >> VII. Insurance Regulations
VI. Federal Motor Carrier Safety Regulations
Every interstate motor carrier and driver must be familiar with and comply with the standards contained in the FMCSR. A motor carrier cannot allow a vehicle to be operated unless it meets the minimum standards set forth in the FMCSR. Motor carriers are required to make sure all drivers comply with the provisions of the FMCSR. No one can aid, abet, encourage or require a motor carrier or driver to violate the FMCSR.
** Practice Pointer **
If the trucking company operates as an intrastate carrier, truck accident attorneys should review state law to determine if the state has adopted the FMCSR as applicable to all operations in the state.
A. Exemptions to the FMCSR
The FMCSR do not apply to various motor vehicles. Open the complete chapter, "Federal Motor Carrier Safety Regulations," to review these exemptions.
B. Non-exempt Commodities
Although agricultural products are generally exempt from the FMCSR, by statute, the transportation of many commodities are NOT exempt.
C. Compliance with State Law
According to the provisions of the FMCSR, every commercial motor vehicle must be operated in accordance with the laws, ordinances, and regulations of the state or jurisdiction in which it is being operated unless the Federal Highway Administration (FHWA) imposes a higher standard of care, in which case the federal regulation must be complied with.
D. Designating Unsafe Vehicle as Out-of-service
A vehicle cannot be operated in such a manner as to likely cause an accident or breakdown of the vehicle except that a vehicle discovered in an unsafe condition may be driven to the nearest place where repairs can safely be performed.
E. Unsafe Dispatch
A motor carrier cannot schedule a run or require the operation of a commercial vehicle between points in such period of time as would necessitate the vehicle being operated at speeds greater than those prescribed by the jurisdictions in or through which the vehicle is being operated.
** Practice Pointer **
Truck accident attorneys should compare bills of lading and driver logs to determine the average speed of the driver on his runs.
F. Pre-trip Inspections & End of Day Reports
A driver cannot operate a commercial motor vehicle until he has thoroughly inspected the vehicle. A driver cannot operate a commercial motor vehicle until he has inspected specified parts and satisfied himself that the parts are in good working order.
** Practice Pointer **
Truck accident attorneys should request copies of all daily inspection reports for the three-month period preceding the accident.
G. Annual Inspections
A commercial vehicle must undergo an annual inspection at least once during the preceding 12-month period, and an annual inspection report must be kept with the vehicle.
** Practice Pointer **
Truck accident attorneys should request a copy of the annual inspection report covering the date of the accident.
H. Accident Register
Trucking companies are required to maintain an accident register listing information about each accident involving its drivers for a three-year period.
** Practice Pointer **
Truck accident attorneys should request a copy of the accident register for the three-year period preceding the accident and any related documentation.
I. Loading Procedures
A commercial vehicle must be loaded in such a manner as to prevent its cargo from leaking, spilling, blowing or falling from the vehicle. The cargo must be immobilized or secured to prevent shifting to the extent that the vehicle's stability or maneuverability is affected.
J. Responsibilities for Proper Loading
A driver cannot operate a commercial vehicle unless:
- The cargo is properly distributed and adequately secured
- The means of fastening the cargo is secured
- The cargo does not obscure the driver's view or interfere with the movement of his arms or legs
** Practice Pointer **
Truck accident attorneys should consider a cause of action against the entity that loaded the vehicle in addition to the trucking company.
K. Warning Devices for Stopped Vehicles
A vehicle must be equipped with three bi-directional emergency reflective triangles or at least six fuses or three liquid-burning flares.
** Practice Pointer **
Truck accident attorneys should determine if the tractor was equipped with emergency warning devices if the driver did not place them out before the accident.
L. Lights, Reflectors & Retroreflective Sheeting
Headlights must be capable of steady burning at all times. Retroreflective sheeting must be applied to each side of a trailer from as close to the front and rear as practicable.
** Practice Pointer **
Truck accident attorneys should retain a conspicuity expert to demonstrate the problems caused by lack of reflectors on a trailer.
M. Brakes
A commercial vehicle or combination of vehicles must have brakes adequate to control the movements of the vehicle or combination of vehicles and to stop and hold the vehicle.
** Practice Pointer **
Trailer brakes are usually manually adjusted, and the slack adjusters are often outside of federal minimum limits. Truck accident attorneys should retain a trucking expert to inspect the unit to determine if the brakes are properly adjusted.
N. Rear Guards
Every trailer must have a rear impact guard to protect against a vehicle going under the trailer during a rear impact collision with the exception of pole trailers, pulpwood trailers, low-chassis vehicles, special purpose vehicles and wheels back vehicles.
** Practice Pointer **
If the accident involves crush damage from riding under the rear of a trailer, truck accident attorneys should consider a cause of action based on a defective rear guard. Preserve the rear guard, if present, and consider filing an action against both the trucking company and manufacturer.
O. Windows and Mirrors
Open the complete chapter, "Federal Motor Carrier Safety Regulations," to review the FMCSR's window and mirror requirements.
P. Fuel Systems
Liquid fuel tanks must comply with construction guidelines and meet pressure and performance requirements.
Q. Frames, Axels, and Steering Systems
The frame of any commercial vehicle cannot be cracked, loose, sagging, or broken. No axle positioning part can be cracked, broken, loose, missing, or out of alignment. The steering wheel must be secured and cannot have any spokes cracked through or missing.
R. Towing Devices
Coupling devices connecting vehicles must be designed, constructed, and installed so that when the combination is operated in a straight line, the path of the towed vehicle will not deviate more than three inches to either side of the path of the vehicle that tows it.
** Practice Pointer **
If the accident involves detachment of a trailer, truck accident attorneys should consider a cause of action based on a defective tow bar. Remember to preserve the tow bar, if present, and consider filing an action against both the trucking company and manufacturer.
S. Tires
No commercial motor vehicle may be operated on any tire that:
- Has body ply or belt material exposed through the tread or sidewall
- Has any tread or sidewall separation
- Is flat or has an audible leak
- Has a cut to the extent that the ply or belt material is exposed
** Practice Pointer **
In dry weather, tires with less tread depth actually stop a vehicle faster than tires with more tread depth. The lack of tread depth is only a factor in an accident involving wet conditions.
T. Speedometer & Radar Detectors
Every vehicle must be equipped with a speedometer indicating vehicle speed in miles per hour and operating within 5 mph of the actual speed. No motor carrier shall allow a driver to operate a motor vehicle that is equipped with a radar detector.
** Practice Pointer **
The use of a radar device is strictly forbidden by the federal regulations and provides an aggravating circumstance that usually allows truck accident attorneys to seek punitive damages.
U. Miscellaneous Equipment & Accessories
Open the complete chapter, "Federal Motor Carrier Safety Regulations," to review additional FMCSR requirements.
V. Crossing Railroad Tracks
See chapter for FMCSR railroad crossing requirements.
W. Adverse Weather Conditions
A driver must exercise extreme caution when hazardous conditions, such as those caused by snow, ice, sleet, fog, mist, rain, dust or smoke, adversely affect visibility or traction.
**Practice Pointer **
A strong argument can be made that a commercial driver must use extreme care rather than ordinary care when driving in adverse weather conditions based on the federal regulations.
X. Unauthorized Passengers
Unless specifically authorized in writing by the motor carrier, no driver shall transport any person or permit any person to be transported on any commercial vehicle other than a bus.
**Practice Pointer **
An unauthorized passenger can distract a driver, causing an accident, and may also void insurance coverage.
Y. Hazardous Materials Transportation
Every motor vehicle transporting hazardous materials must be driven and parked in compliance with the laws, ordinances, and regulations of the State or jurisdiction in which it is being operated unless the Department of Transportation requires a more stringent obligation or restraint.
Z. Buses
See complete chapter for FMCSR bus requirements.
Download full chapter: VI. Federal Motor Carrier Safety Regulations
Next chapter >> VII. Insurance Regulations
Contact Our Truck Accident Attorneys — Serving Columbus, Augusta, & Macon, Georgia
If you have questions about the Federal Motor Carrier Safety Administration's requirements, or if you have been involved in a truck collision and are seeking representation, contact the truck accident attorneys at Fried Rogers Goldberg LLC. Serving Columbus, Augusta, and Macon, Georgia-area victims, we boast an impressive track record of successful verdicts and settlements. We can help you obtain the compensation to which you are entitled.