Trucking Rules

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Trucking companies responsible for making sure employees follow safety rules

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

Ignorance of trucking rules is no excuse

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

History of federal statutes dealing with interstate trucking

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

Federal Motor Carrier Safety Regulations set minimum national safety standards for trucking

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

Interstate Trucking Litigation Group seminar in San Francisco

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

Truck safety advocates seek requirement of speed-limiting devices

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

Bill in Congress would require Electronic On-Board Recorders in all interstate motor carriers

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

Driver killed striking rear of parked semi on road shoulder at night

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.
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New DOT Secretary apparently well liked by trucking industry

The new DOT Secretary Ray LaHood sounds OK, but needs exposure to trucking safety advocates.
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Senators accuse Federal Motor Carrier Safety Administration of undermining safety

As a lawyer representing handling serious injury and wrongful death cases resulting from tractor trailer accidents, I work all the time with the  Federal Motor Carrier Safety Regulations and monitor what’s happening with trucking safety regulation.
Looking ahead to the  transition at the Federal Motor Carrier Safety Administration, it is interesting to look back at what … Continue Reading