The Accident Register: Overview A motor carrier is required to prepare and maintain a list of certain accidents. This “accident register” provides significant information regarding the type of accidents involved. It may allow a motor carrier to be compared statistically with other motor carriers using data available on the SAFER…
Regulatory Compliance and Recordkeeping The FMCSRs have been discussed in detail in preceding blog posts. This blog post will address various aspects of the regulations necessary to give the practitioner an understanding of the recordkeeping requirements imposed upon motor carriers, including how and when those regulations apply. While these sections…
Pertinent Case Law Carolina Casualty Ins. Co. v. Yeates There are dozens, if not hundreds, of cases that construe the MCS-90. Its evolution and interpretation has been torturous. In a significant late 2009 decision, the Tenth Circuit in Carolina Casualty Ins. Co. v. Yeates held that the MCS-90 did not…
Nature & Amount of Security Required: Overview The regulations prescribe what form the “evidence of financial responsibility” shall take, how it may be cancelled, and how it may be obtained by a member of the public. Further, the regulations prescribe certain levels of financial responsibility based on the nature of…
The regulations require an interstate motor carrier to produce “evidence of financial responsibility” to the FMCSA in order to obtain and maintain a permit to operate. The many variations of this topic and the related subject of insurance coverage for motor carriers and independent owner-operators, are beyond the scope of…
Observations Proof of a valid periodic inspection only relieves the motor carrier from being cited for a violation of regulation. A CMV may still nevertheless be subject to a roadside inspection even if it already passed an annual inspection and displays proof thereof. Thus, be certain to look for any…
Periodic or Annual Inspections: Overview The Regulations require the periodic inspection of a CMV, commonly referred to as “the annual.” The CMV must pass the inspection at least once a year using the criteria set forth by the FMCSA. The components of the required inspection are the “minimum.” There are…
Driver Vehicle Inspection Reports: Overview The Driver Vehicle Inspection Report (DVIR) is often mistaken for the separate “pre-trip” inspection report. It is not. The DVIR is completed by the driver of a CMV at the end of each day of driving. However, the last DVIR for a vehicle must be…
Inspections by the FMCSA: Overview FMCSA agents are authorized by the Regulations to perform inspections of a motor carrier’s vehicles, and upon finding problems, take measures up to and including declaring a vehicle out-of-service. It is possible that a vehicle previously the subject of such an inspection, whether before or…
Introduction All motor carriers are subject to explicit requirements for the inspection, maintenance, and repair (“IMR”) of CMVs. Detailed record-keeping, including records of the qualifications of mechanics that perform the inspections of vehicles and brake IMR, is required. The inspections required include those applicable to the fleet as a whole…