Trucking RulesCategory RSS Feed
In truck crash litigation in Georgia, we see how smaller trucking companies often have the least focus on safety rules enforcement. For example, I am now preparing for trial in a case where a small trucking company was repeatedly fined for scores of violations of the same safety rules over a … Continue Reading
Like most Atlantans, I was stuck at home for three days this week, catching up on home repair projects and watching weather reports and scenes of truck wrecks on TV. Fortunately, there was no power failure. I recall once in my childhood at Mentone, Alabama, we had an ice storm that closed schools for two weeks … Continue Reading
As a trucking safety attorney in Georgia, I sometimes find trucking companies trying to disown their driver’s safety violations.
The Federal Motor Carrier Safety Regulations, which are designed to protect safety of members of the public, clearly require trucking companies to require their employees to obey the driver regulations.
49 C.F.R. § 390.11 requires: “Whenever . . . … Continue Reading
You may have heard that "ignorance of the law is no excuse."
That is clearly true in the interstate commercial trucking context.
The Federal Motor Carrier Safety Regulations say that in three different ways.
49 C.F.R. § 390.3(e) requires that "Every employer shall be knowledgeable of and comply with all
regulations contained in this subchapter which are applicable to … Continue Reading
A basic understanding of the history of federal motor carrier regulation is helpful for
comprehension of the current regulatory structure.
Motor Carrier Act of 1935. Arising from the combination of increasing motor transport of freight and the trauma of the Great Depression, the Motor Carrier Act of 1935 focused primarily on financial stability of motor carriers, but … Continue Reading
The framers of the U. S. Constitution recognized in 1787 that no individual state could adequate deal with regulation of interstate commerce, so that was made one of the core functions of the federal government along with national defense and a few others.
The Supremacy Clause of the Constitution provides that any state law that conflicts … Continue Reading
Today I’m heading home from the American Association for Justice annual meeting in San Francisco. On Saturday, I was one of the speakers at the Interstate Trucking Litigation Group seminar. I had a fairly dry topic, though one necessary in these difficult economic times, "Hard Times in Trucking Litigation: What to Do When the Trucking Defendant … Continue Reading
Both citizen safety advocates, led by Stephen Owings, an Atlanta financial planner, and the American Trucking Association have joined in seeking rules requiring speed limiting devices on interstate commercial trucks. They say the devices will save both lives and money.
Owings founded Road Safe America after his son, Cullum, was killed on a Virginia interstate in … Continue Reading
To control truck driver fatigue, for many years federal regulations have required interstate truck drivers to log their driving, on duty and off duty time. But from the beginning, falsification of logs has been common. Many have regarded driver logs as "comic books." In our cases, we have unraveled webs of deception to show … Continue Reading
Federal trucking rule requires driver of commercial truck stopped on shoulder of road to activate hazard flashers and place reflective warning triangles within 10 minutes.