The trucking industry is a heavily regulated industry with trucking safety rules designed to protect truck drivers and members of the public. The industry is subject to both federal trucking regulations and state-specific regulations such as those promulgated by the New York State Department of Transportation (NYSDOT) and the New Jersey Department of Transportation (NJDOT).
These Department of transportation regulations and department of transportation (DOT) requirements regulate a large number of things ranging from cargo securement to alcohol and drug testing requirements. These rules are enforced because violations can lead to tragic consequences such as trucking accidents.
What are Trucking Regulations?
Trucking regulations are a set of federal and state laws, including the Motor Carrier Safety Improvement Act, that govern the commercial trucking industry with a goal of promoting safety, efficiency, and integrity of the fleet management industry. A trucking regulation may cover a variety of things such as driver qualification standards or vehicle inspection requirements.
These regulations can either be federal requirements that cover trucking within the entire United States or state-specific requirements that only cover trucking within the state’s borders with some states having much stricter regulations than others. Who is subject to FMCSR includes commercial trucking and buses.
Importance of Trucking Regulations
The importance of trucking regulations cannot be underestimated as they provide essential protections for the trucking industry, truckers, and members of the public at large for driver safety. For the trucking industry, these rules attempt to ensure fair competition within the industry by preventing things like price fixing and predatory pricing
These regulations also protect truckers with certain training requirements, vehicle maintenance standards, and limits as to hours a driver can work in a certain period of time. They also protect the public by ensuring things like driver qualifications and through environmental protections.
Overview of Federal Trucking Regulations
Federal trucking regulations provide an overarching set of rules that promote commercial motor carrier safety throughout the entire county. These rules can be enforced with federal criminal penalties to provide a deterrent for non-compliance.
Hours of Service (HOS) Regulations
Hours of Service (HOS) regulations are federal regulations for truck drivers that limit the number of hours a driver can operate a commercial vehicle in a day and in a week. A driver may not be on-duty for more than 14 hours a day and an 11 hour driving limit during a 14-hour driving window.
Furthermore, drivers cannot drive more than 60 hours in a seven-day period or 70 hours in an eight-day period known as the 60-70 hours duty limit. Drivers are also subject to a 30-minute break requirement for every 8 hours driven.
There are some hours of service exemptions such as for short-hauls and adverse weather conditions. Electronic logging devices (EDLs) are required for drivers who are subject to HOS regulations and these devices automatically log hours of driving time to ensure compliance. Failure to use these devices can result in a violation of Electronic Logging Device (ELD)compliance. Drivers must also meet all logbook requirements
Drug and Alcohol Testing
Commercial motor vehicle drivers are required to undergo regular drug and alcohol testing to ensure that they are not operating their vehicle while under the influence. This requirement is essential to save lives and prevent unnecessary accidents. Drivers are often tested pre-employment, for cause, if there is an accident, and on a random and unannounced basis.
Weight Limits
Federal trucking regulations aim to protect the nation’s highways and the interstate system by setting maximum gross vehicle weight to 80,000 pounds with a limit of 20,000 pounds per axle or 34,000 pounds on tandem axles.
Furthermore, commercial vehicles are required to have their cargo properly secured to prevent it from shifting or falling out during transport. How cargo is properly secured under the regulations is dependent on the size and weight of the cargo.
What Is the Difference Between Federal & State Trucking Regulations?
Essentially, the difference between federal and state trucking regulations is that the FMCSA regulates interstate trucking, or trucking across state lines, while state trucking regulations regulate commercial vehicle use within their state borders.
Both the FMCSA and the states have regulations regarding driver qualifications and weight limits with some states having lower weight limits for roads that are not part of the National Highway System with overweight vehicles requiring a permit to operate on these roads in New York State. States often also require an annual vehicle inspection and the display of an inspection sticker.
Role of the FMCSA (Federal Motor Carrier Safety Administration)
The Federal Motor Carrier Safety Administration (FMCSA) is the lead federal agency in charge of enforcing commercial vehicle regulations and truck safety rules in the U.S. Code of Federal Regulations (CFR) in the federal register with these regulations applicable to commercial trucks and buses. The National Highway Safety Administration (NHTSA) also promulgates regulations.
The FMCSA develops and enforces safety regulations for things like hours of service compliance, hazardous materials regulations, and driver qualifications. In addition to its regulation and enforcement roles, the Federal Motor Carrier Safety Regulations (FMCSR) encompass a US DOT number application for truckers, collection of crash data, and engaging in public education and outreach. They also create Compliance Safety Accountability (CSA) scores for trucking companies.
Interstate vs Intrastate Trucking
Interstate trucking is the operation of commercial vehicles across state and international borders and interstate carriers engaged in interstate commerce are required to remain in FMCSA compliance. These truck regulations mandate that trucks engaged in interstate trucking have USDOT number and trucking companies receive FMCSA safety ratings which can be reduced due to violations.
Intrastate trucking rules apply to trucks who are operating only within the borders of a single state as compared to federal DOT regulations. These rules typically apply to things such as local deliveries and construction hauling. Each state has their own rules including weight limits by state, restrictions on certain roads such as for hazardous materials transportation, and hours of driving time restrictions.
Commercial Driver’s License (CDL) Requirements
There are many requirements to receive and retain a Commercial Driver’s License for driver qualification for engaging in interstate commerce which include:
- A requirement to be 21 years old for interstate driving
- The ability to read and speak English at sufficient level to converse, understand traffic signs and signals, keep records, and respond to official inquiries.
- Be medically qualified with a DOT medical exams in their a driver qualification file to ensure drivers are in adequate health.
- To not be disqualified to drive a commercial vehicle under the driver disqualification rules.
Furthermore, a driver road test and written exam must be passed to be issued a CDL from a state or jurisdiction and, if a driver wants to drive certain vehicles or carry hazardous cargo, they must receive specific CDL endorsements.
State-Level Trucking Regulations
State-level trucking industry regulations can vary greatly depending on state and can include things like axle weight limits and maximum gross vehicle weight for trucks. States also have their own CDL, hours of service, and pre-trip inspections requirements.
Additionally, state DOT regulations and DOT requirements enforce regular vehicle inspections and maintenance of commercial vehicles to ensure they are in good working order. Other rules may dictate certain restrictions on the roads they can use, which is the case in New York City,
Challenges Faced by Trucking Companies
Trucking companies and drivers face many challenges in dealing with trucking regulations including safety audit preparation to ensure they are in USDOT compliance. They may also have issues with a CSA score improvement after incurring DOT violations. DOT violation contesting can be done for many reasons such as a driver not being at fault or only partially at fault for a truck accident.
How Drivers Stay Informed
Staying up to date and understanding DOT compliance requirements can be difficult for drivers. Drivers can stay informed with DOT rules and DOT guidelines for truck drivers by reviewing the federal motor carrier safety regulations online at fmcsa.dot.gov, the federal motor carrier safety regulations handbook,through industry publications, and through training materials provided by their company. They may also need to enlist a Fort Lee truck accident lawyer if they believe their company’s violations contributed to an accident due to poor DOT compliance management or to understand the FMCSA meaning of new dot regulations 2024.
Personal vehicle drivers may also want to stay informed on commercial motor vehicle and trucking regulations especially if they are in a trucking accident as violations of trucking regulations can help show liability during the truck accident claim process. Omni can assist with investigating things like a DOT check and DOT lookup, motor vehicle inspection, and violations in the Safety Measurement System (SMS).
If you have been in a trucking accident, the legal team at Omni Injury & Accident Law can help get you the compensation you are entitled to. Contact Omni Law today to set up a free consultation.