Navigating the aftermath of a trucking accident can be overwhelming and complex. One critical aspect that directly influences such cases is federal trucking regulations. For victims of truck accidents, understanding these regulations can provide invaluable insight and strengthen your personal injury claim. Below is an overview of essential federal trucking regulations that impact personal injury cases:
Among the numerous federal trucking regulations, several provisions stand out due to their significant impact on road safety and legal compliance.
What Types of Vehicles Do Federal Regulations Cover In Texas?
Federal regulations apply to specific types of commercial carrier vehicles, including those that many people wouldn’t typically consider as commercial carriers. Commercial carriers on Texas roadways include the following:
- Trucks that weigh 10,000 pounds or more
- Buses designed to carry eight or more paying people
- Buses designed to carry 15 or more non-paying people
- Trucks used for transporting hazardous materials
Texas trucking companies and their drivers must comply with all federal regulations. Failing to do so leaves them liable for damages in an accident, including property damage, medical expenses, and compensation for pain and suffering or wrongful death.
What Trucking Regulations Apply to Commercial Trucks In Texas?
Because the commercial freight industry requires freight-carrying trucks to leave their states of origin, cross state lines, carry freight from one state to another, and—in some cases—cross international borders into and out of Mexico and Canada, the federal government retains the authority to set regulations for commercial carriers through the FMCSA. Important regulations in place for commercial trucks in Texas include the following:
- Trucks using interstate highways may not weigh over 80,000 pounds when fully loaded.
- Cargo loading must comply with regulations to ensure freight is immobilized and fully secured using cradles, chocks, wedges, or other approved equipment to stop items from shifting or rolling.
- Truck drivers and trucking companies in Texas must keep trucks, trailers, and connecting equipment well-maintained and repaired. All repairs and maintenance must be diligently logged into maintenance records.
- Drivers face strict limits on their driving hours, including 30-minute breaks every 8 hours of driving, a limit of 11 hours of driving after a 10-hour break, and no driving past 14 hours during a 24-hour period.
- Drivers may drive no more than 60 hours each week or 70 hours in 8 days.
- All drivers are subject to random drug and alcohol tests as well as testing before hiring and after an accident
All Texas truck drivers must comply with FMCSA regulations to promote safer freight carrying with well-maintained trucks, safely secured loads and well-rested drivers.
Hours of Service (HOS) Regulations
The Federal Motor Carrier Safety Administration (FMCSA) enforces Hours of Service (HOS) regulations to ensure that commercial truck drivers operate their vehicles safely. These rules are designed to prevent fatigue, which is a significant factor in many trucking accidents. Important aspects of this regulation include:
- Maximum Driving Limits: Drivers can only drive for 11 hours after having 10 consecutive hours off-duty.
- 14-Hour Work Limit: A driver may not drive beyond the 14th consecutive hour after coming on duty, following 10 consecutive hours off-duty.
May not drive beyond the 14th consecutive hour after coming on duty, following 10 consecutive hours off duty. Off-duty time does not extend the 14-hour period.
- Rest Breaks: Drivers must take a 30-minute break if they have driven for more than eight cumulative hours without at least a half-hour interruption.
Drivers must take a 30-minute break when they have driven for a period of 8 cumulative hours without at least a 30-minute interruption. The break may be satisfied by any non-driving period of 30 consecutive minutes (i.e., on-duty not driving, off-duty, sleeper berth, or any combination of these taken consecutively).
Maintenance and Inspection Requirements
Maintenance and inspection requirements are designed to ensure that commercial trucks are in safe and proper working condition before hitting the road. The FMCSA mandates regular inspections, repairs, and maintenance activities.
Drivers must conduct pre-trip inspections to check critical components such as brakes, lights, tires, and steering mechanisms. Any defects identified must be addressed before the vehicle is operated. Additionally, there are annual inspection requirements conducted by qualified inspectors to certify that the vehicle meets all safety standards.
Weight, Size, and Load Regulations
In general, the FMCSA requires that CMVs be no longer than 53 feet in length, no higher than 13.5 feet in height, and no wider than 8.5 feet in width. Additionally, the FMCSA sets a maximum weight limit of 80,000 pounds for CMVs that operate on interstate highways.
Drug and Alcohol Testing
Drug and alcohol tests are crucial for maintaining safety in commercial transportation. The FMCSA enforces testing that includes several key types:
- Pre-Employment Testing: Drivers must pass a drug test before they are hired, ensuring they are drug-free.
- Random Testing: Conducted throughout the year using a scientifically valid method, this unannounced testing identifies and deters substance abuse.
- Post-Accident Testing: After specific accidents, drivers are tested to determine if substances were a factor.
- Reasonable Suspicion Testing: Based on specific observations, supervisors can require a driver to undergo testing.
- Return-to-Duty Testing: Drivers who violated drug and alcohol regulations must pass a test after completing required education and treatment.
- Follow-Up Testing: After returning to duty, drivers are subject to unannounced tests for the first 12 months.
If you’ve been involved in a truck accident and believe the river or company violated a regulation, our Bayton truck accident lawyers can help; don’t navigate this path alone. Contact us today to schedule a free consultation.
Does Texas Add State Regulations to the FMCSA Requirements?
Like all states, Texas adds state regulations for controlling pertinent portions of the freight industry within the state. Trucking companies and operators in Texas must comply with the state’s regulations for the following:
- Testing for commercial driver’s licenses
- Issuing permits for over-sized or over-weight-limit trucks and issuing pilot cars to accompany over-sized vehicles
- Setting state speed limits and other traffic laws for trucks, including limiting trucks to the right and middle lanes for portions of Texas interstate highways
All commercial trucking companies in Texas must keep careful records demonstrating they’ve complied with all state and federal regulations.
How Can a Texas Truck Accident Attorney Help?
After an accident involving a large commercial truck, the consequences to vulnerable motorists can be devastating. Proving fault in a commercial truck accident often requires investigating all truck maintenance records, driving logs, and compliance with Texas state regulations for trucking as well as FMCSA requirements. An experienced Baytown truck accident attorney is a staunch ally in any Texas truck accident claim. Call Linebaugh, Dority & Allen, LLP today for skilled legal representation in your Texas commercial truck accident claim.