Commercial Driver Regulations

The Federal Motor Carrier Safety Administration sets commercial driver regulations in order to ensure the safety of everyone on the roads. When those rules are broken, either by a company or a driver, and you end up injured, you can hold the liable party accountable for your injuries.

Who Needs to Abide By the Commercial Driver Regulations?

A commercial motor vehicle is any vehicle that operates for business or commercial purposes. Commercial vehicles can carry either cargo or passengers. The FMCSA has three classes of commercial drivers’ licenses, which help define what a commercial motor vehicle is:

• Class A — Any combination of vehicles with a gross combination weight of 26,001 pounds or more, including towed units with a gross vehicle weight of 10,000 pounds or more
• Class B — Any single vehicle with a gross vehicle weight of 26,001 pounds or more, or any such vehicle with a towed unit that is under 10,000 pounds
• Class C — Vehicles that do not meet the definition of classes A or B but fall into one of the two following groups
  1. A vehicle designed to transport 16 or more passengers, including the driver
  2. A vehicle transporting a hazardous material as defined by 49 U.S. Code §5103, or any material listed as a select toxin or agent in 42 Code of Federal Regulations Part 13

In short, companies and drivers that transport large amounts of passengers for money, trucking companies and those transporting dangerous materials must all abide by the commercial driver regulations.

What Are the Commercial Driver Regulations?

The FMCSA regulations are laid out in detail on their websites. The more important ones, the ones that, if broken, can cause catastrophic injuries in truck accidents and other crashes, are:

• Code of Federal Regulations §392.80 — Commercial drivers are prohibited from texting and driving whenever the motor is running, with the exceptions of emergency situations or when the vehicle is off the road.
• Code of Federal Regulations §382 —Testing is mandated for commercial drivers for the following substances:
  • Marijuana
  • Cocaine
  • Opiates, including opium itself and derivative drugs such as heroin
  • Amphetamines and methamphetamine
  • Phencyclidine (a.k.a. PCP)

  Part 382 also stipulates that commercial drivers cannot drive with a blood alcohol content of .04 percent or higher. If they have a blood alcohol content of .02 percent or higher, they may be subjected to disciplinary action, and they will not be allowed to drive for 24 hours.

• Code of Federal Regulations §396 — Every “motor carrier, its officers, drivers, agents, representatives and employees” must consistently inspect, repair and maintain their vehicles, as well as keep detailed records. They must inspect:
  • Frame and frame assemblies
  • Suspension systems
  • Axles and attaching parts
  • Wheels and rims
  • Steering systems

  Buses must also inspect pushout windows, emergency doors and emergency door marking lights every 90 days.

• FMCSA Hours of Service Regulations — Commercial drivers and the companies they work for must not drive for so long without a break that it becomes unsafe. The regulations are:
  

  Property-Carrying Drivers

  • A max of 11 hours of driving after 10 consecutive off-duty hours
  • A max of 14 hours on-duty, meaning that the trucker may not drive beyond the 14th consecutive hour after coming on duty after 10 consecutive off-duty hours
  • No more than 60 hours on duty over seven consecutive days
  • No more than 70 hours on duty over eight consecutive days
  • Any driver using a sleeper berth must take eight consecutive hours in it, plus a separate two hours in the sleeper berth or off duty, or any combination of the two.

  Passenger-Carrying Drivers

  • A max of 10 hours driving after eight consecutive hours off duty
  • A max of 15 hours on-duty, meaning that the commercial driver may not drive beyond the 15th consecutive hour after eight consecutive off-duty hours
  • No more than 60 hours on duty over seven consecutive days
  • No more than 70 hours on duty over eight consecutive days
  • Drivers who use a sleeper berth must take at least eight hours in it with the option of splitting the time into two periods, provided that neither is less than two hours

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Year of 2023

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7 months ago

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3 months ago

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a year ago

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a year ago

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5 months ago

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2 months ago

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11 months ago

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