Are Trucking Companies Regulated by the Federal Government?
In the United States, tractor-trailers and other large trucks seem to be everywhere at all times. As a nation, we continue to rely heavily on trucks to move merchandise and supplies across town and across the country. Though we rely on these behemoths of the roadway, they also create a significant danger to everyone with whom they share the roadways by virtue of their sheer size and weight. Fortunately, trucking companies are regulated by the federal government, providing some degree of comfort to those who come into contact with large trucks on the roadways. Those regulations, however, do not prevent all accidents from occurring.
The Federal Motor Carrier Safety Administration, or FMCSA, is the federal agency responsible for regulating the trucking industry. The Code of Federal regulations (C.F.R.) is where the federal statutes regulating the trucking industry can be found. In reality, the trucking industry is not just regulated, it is heavily regulated. Everything from the qualification necessary to operate a tractor-trailer to the steps a truck driver must take to inspect a truck before heading out can be found in the C.F.R. Other regulations found in the C.F.R. relating to trucks, trucking companies, and truck drivers include, but are not limited to:
- Hours of service – how long a truck driver can remain behind the wheel between mandatory rest periods.
- Drug testing – truck drivers are subject to pre-employment drug tests as well as random testing and testing after an accident or incident.
- Hazardous materials qualifications – a truck driver must have the proper endorsement on his or her license to be able to transport hazardous materials.
- Insurance requirements – trucking companies must carry mandatory minimum levels of liability insurance that vary depending on the type of vehicle and type of load being transported.
- Weight limits – the total weight of a truck is limited by federal regulation.
- Measurements – trucks are subject to height, width, and length maximums.
- Vehicle markings – trucks must be clearly marked, particularly trucks carrying flammable loads or hazardous materials.
A trucking company that violates any of the numerous federal regulations can be fined, the truck can be taken out of service temporarily or permanently, and/or the company can lose its license to operate if the violations are severe enough or continuous.
If you have been injured in a trucking accident, records of violations filed against the trucking company and/or the driver may be relevant to your case as they could show a pattern of negligence on the part of the company and/or driver. Only an experienced Kentucky trucking accident attorney can review the facts of your case and determine whether any federal safety violations occurred or whether past violations are relevant to your case.