Motor Carrier Regulations
Because of the dangers tractor trailer crashes pose, the Federal Government has enacted numerous rules and regulations to make sure tractor trailer companies and their operators maintain and drive them safely. These rules are called the Federal Motor Carrier Regulations. Missouri has largely adopted most of these regulations.
Below are some of the most common regulations that are violated in trucking accidents:
Hours of Service Regulations
The Hours of Service (HOS) Regulations are designed to keep drivers from operating their vehicles on short rest when they may be more likely to cause an accident. Unfortunately, some employers often encourage truck drivers to break these rules in order to get shipments to their destination as fast as possible. Since drivers are often paid by the mile, they may also be tempted to break these rules in order to rack up more miles for themselves. The HOS rules include, but are not necessarily limited to:
- Drivers may drive a maximum of 11 hours after 10 consecutive hours off duty.
- Drivers must adhere to a 14 hour on duty period and may not drive beyond the 14th hour.
- There is a maximum of 60 hours on duty in a 7 day span, or 70 hours on duty in an 8 day span.
- Drivers may restart a 7/8 consecutive day period after taking at least 34 consecutive hours off duty.
- A sleeper berth may be used to split up on duty time, but the driver must take at least 8 consecutive hours in the sleeper berth plus an additional 2 consecutive hours either in the sleeper berth or off duty to use this provision.
Drug and Alcohol Regulations
As with any driver on the road, truck drivers are subject to strict alcohol and drug regulations. Since the dangers involved are increased by the size of these vehicles, the laws may be slightly different for truck drivers and their employers. Here are some important aspects of drug and alcohol regulation:
- Performance of safety-sensitive functions is prohibited while using alcohol, within four hours after using alcohol, or while having a breath alcohol concentration of 0.04 percent as indicated by an alcohol breath test.
- Refusing to submit to an alcohol test or using alcohol within 8 hours after an accident or until tested is prohibited.
- Some drug and alcohol screenings are required, including: post accident testing, reasonable suspicion of use testing, random testing, and return-to-duty testing.
Inspection / Daily Logs and Reports
In order to ensure that all regulations are being met, drivers and their employers are required to keep extensive logs and reports. These range from vehicle inspection reports to the daily log of a driver’s hours. These items include:
- Accurate logs of on and off duty status.
- Vehicle condition and safety reports.
- Drug / Alcohol testing results.
- Daily inspections of vehicle including brakes, steering, tires, and emergency equipment.
Since companies are only required to keep this evidence for a certain amount of time, it is important that personal injury and accident cases involving trucks are handled quickly.
Missouri personal injury lawsuits have revealed employers routinely encourage operators to break the rules by operating the tractor trailer while fatigued, operating the tractor trailer in excess of the number of hours permitted by law, overloading the tractor trailer with more weight than is safe, operating the unit with improper maintenance or improper equipment, or allowing the driver to operate the tractor trailer with inadequate or improper training. In these cases, Missouri courts usually allow personal injury victims to recover punitive damages against these employers.
By no means is this a complete list of the rules and regulations for commercial motor carriers. If you have been involved in a truck accident and need more information, follow the links at the bottom of the page and contact a personal injury attorney.
The Bradley Law Firm has handled trucking accidents for the last 30 years. We can help you sort through your accident claim and truck accident lawsuit. Contact us today for a free consultation.
Below are some of the most common regulations that are violated in trucking accidents:
Hours of Service Regulations
The Hours of Service (HOS) Regulations are designed to keep drivers from operating their vehicles on short rest when they may be more likely to cause an accident. Unfortunately, some employers often encourage truck drivers to break these rules in order to get shipments to their destination as fast as possible. Since drivers are often paid by the mile, they may also be tempted to break these rules in order to rack up more miles for themselves. The HOS rules include, but are not necessarily limited to:
- Drivers may drive a maximum of 11 hours after 10 consecutive hours off duty.
- Drivers must adhere to a 14 hour on duty period and may not drive beyond the 14th hour.
- There is a maximum of 60 hours on duty in a 7 day span, or 70 hours on duty in an 8 day span.
- Drivers may restart a 7/8 consecutive day period after taking at least 34 consecutive hours off duty.
- A sleeper berth may be used to split up on duty time, but the driver must take at least 8 consecutive hours in the sleeper berth plus an additional 2 consecutive hours either in the sleeper berth or off duty to use this provision.
Drug and Alcohol Regulations
As with any driver on the road, truck drivers are subject to strict alcohol and drug regulations. Since the dangers involved are increased by the size of these vehicles, the laws may be slightly different for truck drivers and their employers. Here are some important aspects of drug and alcohol regulation:
- Performance of safety-sensitive functions is prohibited while using alcohol, within four hours after using alcohol, or while having a breath alcohol concentration of 0.04 percent as indicated by an alcohol breath test.
- Refusing to submit to an alcohol test or using alcohol within 8 hours after an accident or until tested is prohibited.
- Some drug and alcohol screenings are required, including: post accident testing, reasonable suspicion of use testing, random testing, and return-to-duty testing.
Inspection / Daily Logs and Reports
In order to ensure that all regulations are being met, drivers and their employers are required to keep extensive logs and reports. These range from vehicle inspection reports to the daily log of a driver’s hours. These items include:
- Accurate logs of on and off duty status.
- Vehicle condition and safety reports.
- Drug / Alcohol testing results.
- Daily inspections of vehicle including brakes, steering, tires, and emergency equipment.
Since companies are only required to keep this evidence for a certain amount of time, it is important that personal injury and accident cases involving trucks are handled quickly.
Missouri personal injury lawsuits have revealed employers routinely encourage operators to break the rules by operating the tractor trailer while fatigued, operating the tractor trailer in excess of the number of hours permitted by law, overloading the tractor trailer with more weight than is safe, operating the unit with improper maintenance or improper equipment, or allowing the driver to operate the tractor trailer with inadequate or improper training. In these cases, Missouri courts usually allow personal injury victims to recover punitive damages against these employers.
By no means is this a complete list of the rules and regulations for commercial motor carriers. If you have been involved in a truck accident and need more information, follow the links at the bottom of the page and contact a personal injury attorney.
The Bradley Law Firm has handled trucking accidents for the last 30 years. We can help you sort through your accident claim and truck accident lawsuit. Contact us today for a free consultation.