Trucking regulations

Published on: June 23, 2015

NHTSA requires Electronic Stability Control in large trucks

Every year we see many reports of tractor trailers overturning in metro Atlanta and across Georgia. Usually it is just another half-comical story of traffic tie-ups because some truck rolled over in a freeway interchange, spilling a load of watermelons, beer, Christmas packages, or whatever.

But too often tractor trailer rollovers result in serious injury or death to the truck driver and sometimes others. The Federal Motor Carrier Safety Administration has worked for years to reduce the incidence of truck rollovers, which are a major safety concern for both truck drivers and other motorists on the highway.

The Large Truck Crash Causation Study documented over a decade ago that tractor-trailers are particularly vulnerable because of the trailer’s high center of gravity and frequently unstable loads. In that study, the great majority were driver errors, including excessive speed in curves, often misjudging sharpness, drifting off road, often counter-steering abruptly, not adjusting to the trailers high center of gravity, being impaired physically (e.g. fatigue, drowsiness) or emotionally (reckless, angry). Vehicle-related problems include top heavy and badly distributed or unsecured loads, poorly maintained brakes or suspension and under-inflated tires, many of which were the driver’s responsibility to check. Improved driver training, especially for tanker truck and concrete mixer truck drivers, is a big part of rollover prevention.

Continue reading →

Published on: February 25, 2014

Will new program protect your family against impaired truck drivers?

By Ken Shigley

In 2003, a 15-year-old girl who had been in Brownies with my daughter was killed when her family’s vehicle was rear-ended by a tractor trailer on an interstate highway. She was riding in the back seat en route to a summer camp. The truck driver was charged with DUI. That event is in the back of my mind whenever a question arises of whether a truck driver may have been impaired at the time of a crash.

To be clear, most interstate truck drivers are highly responsible, safety conscious and would never dream of driving when impaired from alcohol or drugs.

But there are those who use stimulants, sometimes including meth or cocaine, to stay up for long driving hours, or who get behind the wheel after drinking. Others use either prescription or over the counter drugs which can affect attentiveness.

Aware of that risk, the Federal Motor Carrier Safety Regulations require mandatory post-accident alcohol and drug tests whenever anyone is killed or removed from that crash scene by ambulance, and when any vehicle is towed from a wreck with an interstate commercial vehicle and when.

Until now, however, there has not been an easy way to check on whether a truck driver has a history of driving under the influence.

On February 20th, the Federal Motor Carrier Safety Administration published a proposed rule that would establish a database of drivers with a commercial driver’s license (CDL) who have failed or refused to take a drug or alcohol test. This clearinghouse may help improve roadway safety by making it easier to determine whether a truck or bus driver is prohibited from operating a commercial motor vehicle for failing to comply with federal drug and alcohol regulations, including mandatory testing.

Current federal regulations require employers to conduct mandatory pre-employment screening of CDL driver qualifications based upon their driving record. However, there are not been a single federal repository recording positive drug and alcohol tests by CDL holder that employers would be able to search to ensure the driver is able to perform at a job where safety is the number one concern.

“Safety is our highest priority, and we will continue to embrace new tools and opportunities that protect the travelers on our nation’s roads,” said U.S. Transportation Secretary Anthony Foxx. “Today’s proposal will help ensure dangerous drivers stay off the road, while encouraging the employment of the many safe drivers who follow our drug and alcohol requirements.”

The proposed rule would give employers access to invaluable information with ease. The new rule also require employers to conduct pre-employment searches through the repository for all new CDL drivers and annual searched on drivers they currently employ.

“We are leveraging technology to create a one-stop verification point to help companies hire drug and alcohol-free drivers,” said FMCSA Administrator Anne S. Ferro. “This proposal moves us further down the road toward improving safety for truck and bus companies, commercial drivers and the motoring public everywhere.”

Under the proposed regulation, FMCSA-regulated truck and bus companies, Medical Review Officers, Substance Abuse Professionals, and private third-party USDOT drug and alcohol testing laboratories would be required to record information about any driver who:

• Fails a drug and/or alcohol test
• Refuses to submit a drug and/or alcohol test; and
• Successfully completes a substance abuse program and is legally qualified to return to duty.

Private, third-party USDOT drug and alcohol testing laboratories would also be required to report summary information annually so that they can help identify companies that do not have a testing program. To ensure the privacy of the drivers involved, each CDL holder would need to provide their consent before an employer could access the clearinghouse.

Drivers who refuse to provide their testing information could still be employed by the truck or bus company; however, they could not occupy safety-sensitive positions such as operating a commercial motor vehicle.

It is a violation of federal regulations to drive a truck or bus under the influence of a controlled substance or under the influence of alcohol. Federal safety regulations require that truck and bus companies that employ CDL drivers conduct random drug and alcohol testing programs. Carriers must randomly test 10 percent of their CDL drivers for alcohol and 50 percent of their CDL drivers for drugs each year.
Continue reading →

Published on: October 23, 2013

Good truck drivers sound off about rogue trucking companies pushing them to break the law

By Ken Shigley

NOTE TO TRUCK DRIVERS:
Our law practice focuses on representation of people who are seriously injured, and families of those killed, in crashes with large commercial vehicles. While those are often truck drivers, we do not handle truckers’ employment law matters. For legal advice on issues with your employer, see Truckers Justice Center.

As a trucking accident personal injury and wrongful death lawyer based in Atlanta, I get a chance to see the trucking safety issues from the point of view of both innocent folks who are run over by tractor trailers and truck drivers who are themselves put at risk by companies that care too little about safety.

A blogging truck driver at Go By Truck News wrote this week that “A rogue motor carrier is a truck driver’s worst nightmare.”

He wrote that last year, D.A. Landis Trucking, Inc. was charged with conspiracy for ordering drivers to falsify their daily logbooks, maintain two sets of logs, falsely certify accuracy of the lying logs, had dispatchers also knowingly dispatched drivers on trips that were truck accidentto exceed hours-of-service requirements.

That is old news to those of us who have been digging through truck drivers’ logs and trip documents and both deposing and interviewing truck drivers.

He also gathered these tweets from tired truck drivers:

– “My dispatcher goes retarded when I tried to tell them I have only 1 hr left to drive.”

– “I have heard this from many dispatchers before. Come on we need you for one more.”

– “When it comes to driving we have 65mph trks n 100mph dispatchers with 26 hrs in a day!”

– “Dispatch was kind enough to plan my first load for 4am central time. My paperwork is invalid and dispatch won’t be in for another 3 hrs.”

Go By Truck News urges truck drivers to check the safety records of any company they consider working for, and to make sure they know the rules, including these:

FMCSR 392.6 Schedules to conform with speed limits. “No motor carrier shall require a run nor permit nor require the operation of any commercial motor vehicle between points in such period of time as would necessitate the commercial vehicle being operated at speed greater than those prescribed by the jurisdictions in or through which the commercial motor vehicle is being operated.”

FMCSR 390.13 Aiding or abetting violations. “No person shall aid, abet, encourage, or require a motor carrier or its employees to violate the rules of this chapter.”

FMCSR 392.3 Ill or fatigued operator. “No driver shall operate a commercial motor vehicle, and a motor carrier shall not require or permit a driver to operate a commercial motor vehicle, while the driver’s ability or alertness is so impaired, so likely to become impaired, through fatigue, illness, or any other cause, as to make it unsafe for him/her to begin or continue to operate the commercial motor vehicle.” (This regulation was mentioned in my prior article and worth repeating again here).

He is spot on in stating that, “A good safety director will educate a driver about these regulations, rewarding and not penalizing a driver for declining to take a load if they are too fatigued. A good company with a pattern of safe behavior will give a trucker an opportunity to develop a disciplined sleep routine.”

He urges that, “it’s often the employer / load planner / dispatcher pushing the trucker beyond their limits. However, all truckers should take a stand with the Trucker Mike’s ‘Mantra’ – ‘I will NEVER let anyone ‘push’ me, instead I’ll be fired for being SAFE if need be!'”

This afternoon, my friend Steve Gursten in Michigan forwarded this plea he received from a truck driver who wants to drive safely but works for a rogue trucking company that won’t allow him to follow the law:

The company that I drive for has me doing illegal runs. I feel if I don’t do them my miles will be cut or they will find a way to get rid of me. I need to care for my family. I have been too many companies and they are all the same. The one I’m with now is the worst. I’m looking for other employment and coping the best I can. Is there anyone I can talk to like a whistle blower organization? Or maybe a letter too the sec of transportation? Companies, dispatchers, shippers and receivers need to be held accountable. Until we have better legislation in place to address this, us truckers will always be at the bottom of the hill. And of course we know which direction s##t rolls.

Wow!

That is right in line with my impression over the years that most truck drivers are just ordinary good guys working hard to make a living, but are too often pushed by employers, motor carriers, shippers, brokers, etc., to make illegal runs on impossible schedules, so that they are often pushed beyond the limits of human endurance.

That is why I generally try to handle these cases by digging for a root cause analysis in the corporate safety management system — or lack thereof.

I suggested referring this guy to Truckers Justice Center in Minnesota, operated by a lawyer who represents whistle blowing truck drivers nationwide
If your or a family member were run over by a tractor trailer, or if you are a truck driver badly injured in the line of duty, I would be glad to talk with you with no obligation.
Continue reading →

Published on: October 18, 2013

Congress requires FMCSA to set rules on sleep apnea testing and treatment for truck drivers

By Ken Shigley

NOTE TO TRUCK DRIVERS:
Our law practice focuses on representation of people who are seriously injured, and families of those killed, in crashes with large commercial vehicles. While those are often truck drivers, we do not handle truckers’ employment law matters. For legal advice on issues with your employer, see Truckers Justice Center.

Despite the political gridlock and recent shutdown of the federal government, Congress has managed to pass legislation to address the danger of sleep apnea in the trucking industry. At this writing, it awaits the President’s signature.

House Resolution 3095 is a simple, two-page bill sponsored by two members of Congress sped through Congress. It requires the Federal Motor Carrier Safety Administration to commit to formal rule making on sleep apnea testing and treatment for truckers and other professional drivers.

The trucking industry, predictably enough, estimates that “the impact of screening, diagnosis, and treatment for obstructive sleep apnea could exceed $1 billion annually.” But that is a bargain compared to the carnage on the highways due to drivers of 80,000 pound tractor trailers falling asleep at the wheel.

The downside of this, warns my friend Michael Leizerman in Ohio, is that by requiring the FMCSA to go through full rulemaking and cost-benefit analysis when addressing screening, testing or treatment of sleep apnea, it may delay rather than speed up efforts to address the very real problem of sleep apnea. As Michael pointed out in a recent blog post, the FMCSA has already published the online Fatigue Management Training program and has many simple and inexpensive ideas to make fatigue awareness part of a motor carrier’s safety culture.

Untreated sleep apnea can lead to fatigued driving and is thus a medically disqualifying condition for truck drivers. FMCSR 391.41(b)(5). We have seen too many cases in which our clients were run over by truck drivers who were often good folks but were dangerous behind the wheel due to fatigue, drowsiness and untreated sleep apnea.

As Michael Leizerman has pointed out, this legislation requires the FMCSA to go through a full rule making process which will add years of delay to the implementation of much needed efforts to forcefully address the problem of sleep apnea among truck drivers.
Continue reading →

Published on: October 1, 2013

Motor Carrier Safety Rules Apply Even To Many Smaller Commercial Vehicles

By Ken Shigley

Most attorneys who are familiar with the Federal Motor Carrier Safety Regulations (FMCSRs) and state trucking safety regulations think they apply only to tractor trailers, tour buses and other very large vehicles for which the driver must have a Commercial Driver’s License (CDL).

What most lawyers do not know is that the regulations may also apply to many commercial vehicles, including many work vehicles such as large pickups towing utility trailers.

A CDL isn’t required to drive smaller utility vehicles and trailers, but they may still be governed by federal or state trucking safety regulations. There are two definitions with which a lawyer handling these cases should be familiar in order to understand how to apply trucking safety regulations to non-CDL drivers
First is Gross Vehicle Weight Rating (GVWR) and it is what a vehicle manufacturer defines as the vehicles loaded weight. This weight is usually printed on a plate that can be found on the inside of the driver’s door. Most passenger cars have a GVWR of 5000 or less and full-sized pick up trucks will have a GVWR of 6000 to 8000 pounds.

Second is Gross Combination Weight Rating (GCWR). This is the GVWR of the power unit (the towing vehicle) plus the weight of the unit being towed with any load that it is carrying.

The FMCSR contain two definitions of what constitutes a property-carrying commercial motor vehicle. The first definition, found at 49 CFR § 390.5, defines it as “any self-propelled or towed motor vehicle used on a highway or interstate commerce… (that) has a Gross Vehicle Weight Rating or Gross Combination Weight Rating of 10,001 pounds or more.”

The second definition, found at 49 C.F.R. § § 383.5, defines a commercial motor vehicle as a vehicle used in interstate or intrastate commerce that has a gross combination weight rating of 26,001 or more pounds inclusive of a towed unit with a gross vehicle rating of more than 10,000 pounds.

When both the definitions and regulations are put together, a business vehicle that weighs over 10,001 pounds (alone or in combination with a trailer) can be considered a commercial motor vehicle.

This means that a 7000 pound pickup truck pulling 3001 pound trailer can meet the definition of a commercial motor vehicle, even though a commercial drivers license isn’t required for CMVs that are under 26,001 pounds.

Whenever we evaluate a case that involves any size truck or van towing a trailer, we must determine the GCWR because it could be a commercial vehicle required to comply with either federal or state trucking regulations.

If the vehicle qualifies as a commercial motor vehicle, the next step is to determine what safety regulations apply. That will depend initially on whether the commercial vehicle operates in interstate commerce
With some minor variations, most of the FMCSRs apply to the operation of non-CDL commercial motor vehicles. The only extra regulations that govern over 26,001 pound CMVs are those that specifically address CDL licensing ( 49 CFR §383) and drug and alcohol testing (49 CFR §382.)

Here are some of the most important regulations and how they apply.

• Most of the FMCSR and the state equivalent thereof are applicable to all commercial motor vehicles regardless of whether a commercial driver’s license is required to operate the vehicle or not.
• Businesses that operate commercial motor vehicles must register and obtain authority from state and federal trucking authorities. This means everyone from landscape companies to plumbing companies that own and operate vehicles alone or together with a towed trailer weigh over 10,001 pounds must register and follow the regulations that are not just for “trucking companies.”
• Employers of non-CDL CMV drivers are required to “qualify” each driver in the same way as employers of CDL drivers and must maintain an up-to-date Driver Qualification File on each driver (49 CFR §391.) This includes ensuring that drivers meet minimum requirements of being over the age of 21, having the ability to read and speak English, and have both the physical and medical qualifications as CDL drivers. This also requires the employer to obtain a detailed application for employment, perform a detailed background check, obtain annual review of driving records, and perform annual re-qualification of the driver. The only significant difference for CDL drivers is that they are required to give 10 years of employment history instead of the 3 years for non-CDL drivers.
• Most regulations pertaining to the safe operation of commercial motor vehicles apply to the operation of both CDL and non-CDL motor vehicles. This includes prohibitions against drugs, alcohol, radar detectors, unauthorized passengers, texting, handheld devices while operating the vehicle, and operating while ill or fatigued. It also includes requirements for seat belts, emergency equipment, inspections, stopping at railroad crossing, use of extreme caution when operating in poor conditions including rain and fog. See 49 CFR §392 for detailed information on these items.
• For the most part, the same hours of service rules apply to both CDL and non-CDL drivers. The biggest exception has to do with driver daily logs. Except when operating only in a 150 air-mile short haul radius zone drivers that operate CMVs that require a CDL are typically required to keep a detailed 24 hour driver log that shows all changes in duty status although there are some exceptions to this. Most drivers of CMVs that don’t require a CDL are under the qualification of short-haul drivers. As long as they operate within a 150 air-mile radius and return to their base at the end of each trip, they typically aren’t required to keep such a log. However, the employer is required to keep accurate time records showing the time the driver reported for work, when they were released, and total work time for the day as well as the previous seven days. The employer is also required to keep these records for six months.
• Many employers fail to maintain accurate time records for non-CDL drivers. Failure to keep these records raises a presumption of violation. You should also be on the lookout for drivers who hold more than one job. Hours of service regulations apply to all work performed regardless of how many jobs a driver has during the reporting period.

But mere applicability of the regulations to smaller commercial vehicles does not make either the physics of a collision or the dynamics in the courtroom or jury room the same as when an 80,000 pound runs over a family vehicle. The advocate for individuals and families hurt in these collisions must evaluate the whole situation, taking into account the facts, the law and the psychological factors in play.
Continue reading →

Published on: July 18, 2013

Marine Afghanistan Veteran Killed by Tractor-Trailer in Albany

By Ken Shigley

Sgt. Ronald Nabors was a decorated Marine who survived his honorable service in Afghanistan but his life was taken by a tractor trailer in Georgia. In Albany, Georgia, on Sunday, June 30the, his motorcycle crashed into the passenger side door a tractor-trailer truck that turned left in front of him into a Pilot truck stop. Sgt. Nabors, 26, a Texas native, who was stationed at the Marine Corps Logistics Base in Albany, was traveling north on his Harley Davidson motorcycle along Cordele Road when the collision happened.

Possible charges are pending against the driver of the tractor-trailer operated by Millis Transfer, Inc. According to the Federal Motor Carrier Safety Administration records, that company is based in Black River Falls, Wisconsin, but the company website lists a terminal in Carterville, Georgia. News reports to not mention whether the alcohol and drug tests required under federal law were done.

It is speculative to guess why this tragedy happened, but some of the likely suspects in similar truck crashes are:

• Illegal left turn. Georgia law requires that the driver of a vehicle intending to turn to the left within an intersection or into an alley, private road, or driveway shall yield the right-of-way to any vehicle approaching from the opposite direction that is within the intersection or so close to it as to constitute an immediate hazard.
• Possible hours of service violation. Federal Motor Carrier Safety Regulations require that drivers of commercial vehicles in interstate commerce drive no more than 11 hours out of 14 hours on duty, then take a 10 hour rest break, and to get longer weekly breaks. We often see hours of service violations in truck drivers from the Midwest traveling to Georgia. I don’t know whether that is the case here.
• Truck driver impairment due to fatigue, medication, illness, etc. This often goes hand in hand with hours of service violations, but we also often see drivers impaired by medication.
• Possible use of a hand held cell phone or other driver distraction. A relatively new Federal Motor Carrier Safety Administration rule restricts the use of all hand-held mobile devices by drivers of commercial vehicles. My guess is that the Georgia State Patrol Specialized Collision Reconstruction Team (SCRT) is checking any cell phone SIM card and billing records.

Georgia wrongful death law gives designated survivors the right to bring a wrongful death action against the responsible parties. In Georgia, there can be two separate claims that may be asserted against a person or corporation who negligently causes a death:

– A “wrongful death” claim for the “full value of the life” which belongs to survivors designated by statute. If there is neither a spouse nor child surviving, then the decedent’s parents have the right to sue under Georgia law. If the parents of a deceased child are divorced or living apart, the trial court has full discretion to allocate the wrongful death recovery between them, considering any pertinent factors.
– A “survival action” which belongs to the estate and is brought by the executor or administrator of the deceased for pain and suffering before death, medical expense and funeral expense. This claim may be filed by the administrator or executor of the decedent’s estate.

Ken Shigley is past president of the State Bar of Georgia (2011-12), past chair of the Institute for Continuing Legal Education in Georgia board of trustees (2012-13), board certified civil trial and pretrial advocate (National Board of Legal Specialty Certification) lead author of Georgia Law of Torts: Trial Preparation & Practice (2010-13). His Atlanta-based practice focuses on cases of wrongful death and catastrophic personal injury, including brain injury and spinal cord injury.
Continue reading →

Published on: July 11, 2013

Hit and Run by Tractor Trailer Kills Woman in Gwinnett

By Ken Shigley

A deadly hit and run crash involving a tractor trailer highlights the reason many people have a fear of driving next to big rigs. The crash occurred Monday just after 1:00pm on I-85 in Gwinnett County,Georgia. According to Gwinnett County Police, the hit and run killed one woman and injured a man and two children. The incident serves as a tragic reminder of the importance of enforcing trucking safety rules.

Reports have surfaced that the deceased was driving a Nissan Pathfinder on I-85 in Gwinnett County when a tractor trailer switched lanes and forced the vehicle into another lane which was occupied by a box truck. After the vehicle hit the box truck, it left the road at high speeds crashing into a steep hill between I-85 and the interstate ramp at Steve Reynolds Boulevard.

Gwinnett police spokesman Cpl. Jake Smith said the vehicle flipped several times which caused the woman to be ejected from the front passenger seat. The children and the man in the vehicle were taken to Children’s at Egleston Hospital where Cpl. Smith said they are likely to survive. Smith reports that the box truck stopped at the scene and was cooperative with investigators. However, the tractor trailer failed to stop and was later found in Cobb County, according to investigators.

“The truck driver was questioned,” Gwinnett County police spokesman Cpl. Edwin Ritter said. “Investigators are following up on all leads.”

When fatal crashes such as this one occur, the Georgia State Patrol Specialized Collision Reconstruction Team (SCRT) is called to the scene. The mission of this specialized team is to provide a means by which fatal crashes can be investigated by specially trained investigators. The SCRT works to collect and document all evidence so their can be a successful court hearing. The SCRT is also responsible to gathering information that could help avoid future collisions. There are five teams of investigators throughout the state to assist officers with deadly crashes. These officers are on call 24 hours a day, seven days a week and help with cases ranging from fatal crashes to officer involved shootings.

It is still speculative to guess the cause of the crash, but a few of the many Federal Motor Carrier Regulations that could be implicated in this case include:
– Improper lane change in violation of Georgia traffic law: This would become a violation if investigators find the truck failed to use a signal, failed to be within a reasonably safe passing distance, or failed to signal a stop or sudden decrease in speed.
– Possible hours of service: This would become a violation if the investigation reveals the truck driver was a long haul driver in interstate commerce and had not complied with the rule requiring a 10 hour rest break after operating no more than 11 hours in a 14 hour work day.
– Possible use of a hand held cell phone or other driver distraction: A new FMCSA rule restricts the use of all hand-held mobile devices by drivers of commercial vehicles. Unless the call can be made with a single button, hands-free phone in close proximity. It would be considered a violation if the driver is also reaching for a mobile device in a way that requires the driver to move out of the driving position.

– Truck driver impairment due to fatigue, medication, illness, etc.

Continue reading “Hit and Run by Tractor Trailer Kills Woman in Gwinnett” >>
Continue reading →

Published on: June 6, 2013

3 killed in South Georgia ambulance – tractor trailer crash

By Ken Shigley

This morning at 5 AM, 2 EMTs and their patient in an ambulance were killed in a collision with a jackknifing tractor trailer.

According to early news reports, a car pulled over to yield to the approaching ambulance, with its lights and siren activated, as required under Georgia law, and the tractor trailer then jackknifed into the path of the ambulance.

The Georgia State Patrol’s Specialized Crash Reconstruction Team is investigating. It is early to speculate about what laws may have been violated, but possibilities include:
– Following too closely
– Speed too fast for conditions – Failure of semi driver to yield to approaching emergency vehicle
– Possible hours of service violation if investigation reveals trucker was long haul driver in interstate commerce and had not complied with rule requiring 10 hour rest break after operating no more than 11 hours in 14 hour work day, etc.
– Possible driver distraction theories.

Investigation will probably include examination of data in the truck engine’s electronic control module (ECM) if it was turned on, in any Qualcomm or other satellite communications system, and in any GPS device in the truck. We find that sometimes when ECM data is lost or destroyed a GPS provides speed and hours of service data.
Continue reading →

Published on: April 1, 2013

Caffeine reduces accident risk in truck drivers

By Ken Shigley

Driver fatigue is a major cause of truck crashes among drivers of commercial tractor trailers, semis and big rigs. Federal Motor Carrier Safety Regulations mandate that truck drivers can drive only 11 hours out of a 14 hour work day, followed by a 10 hour rest break. There are also restrictions on weekly totals. Handling injury and death cases arising from truck accidents in Georgia, I often seen cases where drivers were too fatigued to drive safely.

But most of us have personal experience to know that a driver can be dangerously sleepy in far less than 11 hours of driving.

Australian researchers have confirmed what we intuitively know. Caffeine can help maintain driver alertness. But caffeine alone is not enough, and naps can help too. In “Use of caffeinated substances and risk of crashes in long distance drivers of commercial vehicles: case-control study,” published at BMJ 2013; 346 doi: http://dx.doi.org/10.1136/bmj.f1140 ( 19 March 2013), Lisa N Sharwood and her collaborators reported on their study.

Their bottom line:

– Caffeine helps, but that alone is not enough.

– Breaks help, whether used for naps, exercise or drinking coffee.

All this seems like common sense, but it bears repeating. One problem in the trucking industry is that trucking companies and shippers sometimes insist on driving the maximum hours allowed (or longer), so that no credit is given for drivers who take breaks to help maintain alertness within those hours.

However, the Federal Motor Carrier Safety Regulations include not just the hours of service rules but also a more general restriction against operating a commercial vehicle when too fatigued or ill to safely do so.
Continue reading →

Published on: March 28, 2013

What are the duties of a commercial truck driver?

By Ken Shigley

Drivers of commercial tractor trailers, semis and big rigs are responsible for piloting an 80,000 pound rocket down highways shared with you and your family.

You may pray that they are well-trained, well-managed, safe and responsible. Most are. Some are not.

The duties of a commercial truck driver are spelled out in the Federal Motor Carrier Safety Regulations, Commercial Drivers License (CDL) manuals, training materials published by industry associations and companies such as J. J. Keller, and company policies and procedures. While only statutes and regulations have the force of law, the others may be used as evidence of standards of care and of negligence when violated.

Some of the truck driver’s duties include:

– Know and understand the safety regulations and policies.

– Perform pre-trip and post-trip inspections, carefully going through a detailed checklist of the tractor and trailer.

A proper pre-trip inspection takes an experienced truck driver 20 to 30 minutes.Too often in truck accident cases we find inspections were no more than a quick walk-around or less, with a vertical line hurriedly drawn down the checklist rather than even bothering to inspect and check off each item. Earlier this week I was at a truck stop for my expert’s inspection of a tractor trailer involved in a fatal accident when we saw another truck driver do a 20 second “pre-trip inspection” that involved glancing at his tires. The result of inadequate pre-trip inspection can be operation of an 80,000 pound truck on the highway with unsafe equipment.

– Understand and comply with hours of service regulations, and truthfully log their driving, on-duty but not driving and off-duty time.

They are limited to driving 11 hours in a 14 hour work day, after which they must take a 10 hour rest break. The driver is responsible for planning a route with the hours of service rules in mind, and for notifying dispatch when he is out of legal hours.

I have handled cases in which drivers falsified logs in order to appear legal far beyond exhaustion of both their legal hours of operation and their bodies. Sometimes they are pressed to drive far beyond legal hours by trucking company dispatchers, third party logistics companies, freight brokers, shippers and consignees who turn a blind eye to safety. Those companies may share the legal blame, but the truck driver is still responsible as the pilot of the ship.

– Inspect his cargo to make sure it is safely distributed and secured before the trip, at particular points en route, and at the end of a trip.

Except when taking a sealed trailer that he is not allowed to open without special permission, the driver is required to inspect inside the trailer to make sure weight is properly distributed and the right methods and equipment have been employed to prevent the lad from shifting.

When operating a truck with a flatbed trailer, the driver must assure that the load is and remains securely tied down, following commodity-specific rules in order to prevent spilling, leaking, falling or blowing of cargo.

A while back, I handled a case in which a truck driver failed to secure a forklift on a flatbed trailer, with the result that the forklift came loose in a curve on a mountain road and landed on top of an oncoming vehicle. Police and the coroner were picking pieces of people out of that flattened car for days.

– Plan a route that takes into account weight limitations on roads and bridges, low height restrictions of bridges and tunnels, railroad crossings, one way streets and awkward turns.

A confused or careless truck driver can kill people when attempting a u-turn that blocks a highway in the dark or stuck in a railroad crossing or low bridge.

– Use extreme caution when road or adverse weather conditions affect traction or visibility, and if necessary pull off the road and wait for conditions improve. CDL manuals instruct truck drivers to reduce speed by one-third in rainy conditions.

When a tractor trailer hydroplanes in a rain slick curve and knack knifes at highway speed into oncoming traffic, only a miracle an prevent deaths or catastrophic injuries, including that of the truck driver himself.

– Stop driving when ill or fatigued, even if still within the legal hours of service.

Sometimes we find that truck drivers work second jobs or pursue other activities during the required rest periods, so that. They are unsafely fatigued even when inside legal hours of operation. Other times we find truckers returning to work too soon after an illness, such as one who got a chiropractor to issue DOT medical certificate two weeks after open heart surgery.

Safety should always come first.

– Whenever stopped on the side of the road, truck drivers must activate hazard flashers, then put out reflective triangles or flares at specified locations behind the trailer.

– Hang up and drive.

Federal rules now ban use of hand held cell phones as well as text messaging during operation of a commercial motor vehicle in interstate commerce.

– Obey all state and local traffic laws.

Truckers must also obey local peed limits, traffic control devices, etc.

There is much more that could be included, but this may give you a taste of the issues we examine regarding truck driver duties.
Continue reading →