Pre-Trip and Emergency Equipment Inspection: Overview The regulations require inspection of certain components of intermodal equipment prior to driving the CMV. These requirements are generally referred to as the “pre-trip” inspection, and while the regulations do not limit their requirements to an inspection at the beginning of a “trip”, this…
Schedules and Speed Limits: Overview This regulation is quite simple, straightforward and often overlooked. It may provide a powerful argument against a motor carrier, particularly when coupled with the DOT interpretation which accompanies it. The regulation essentially codifies the requirement that a motor carrier who imposes some time limitation upon…
Drug and Alcohol Use and Possession: Overview The regulations’ directions concerning use or transportation of drugs or alcohol are fairly straightforward, but have been subject to at least one rather questionable interpretation by the DOT. Further, the regulations are not limited to “drugs” in their prohibition, and it is important…
CMV Operations: Pertinent Case Law As was just mentioned, most of the cases involving operation regulations deal with claims for wrongful discharge brought by drivers against their employers/motor carriers as a result of their being terminated for refusing to drive while tired or sick. Gaibis v. Werner Continental, Inc. Many…
Observations First and foremost, it must be noted that the regulations for the safe operation of a CMV is not simply a “fatigue” regulation. It is far broader, specifically addressing both a driver’s “ability” and “alertness.” Accordingly, it encompasses not only fatigue but also illness and “any other cause” that…
Operation of the Commercial Motor Vehicle: Introduction Having properly qualified its drivers, dealt with controlled substance and alcohol testing issues, and confirming they each hold the proper CDL, the motor carrier must thereafter ensure they comply with the regulations governing the actual operation of its CMVs. These regulations include some…
CMV Driver’s Logs: Observations If there is any question about whether time or fatigue is a factor in a wreck, an audit of the logs produced in discovery should be performed quickly after they are received. If counsel finds significant errors, this may provide a basis to seek more logs…
Driver’s Daily Logs: Overview While the previous blog posts discussed what hours a driver may legally drive a CMV, this section details how his driving and non-driving time must be recorded. Section 395.8 allows the use of traditional paper logs and also permits a motor carrier to require drivers to…
CMV Maximum Driving Time: Observations These rules limit driving to eleven hours over a fourteen-hour period between ten hours of rest for property-carrying vehicles, and ten hours driving over a fifteen-hour period after eight hours rest for a passenger-carrying CMV. However, as the “11 hours driving in a 14 hour…
Maximum Driving Time: Overview The regulations concerning maximum driving time constitute the heart of the HOS rules promulgated by the FMCSA. The rules provide the time a driver may drive, be on-duty, and the period of rest necessary to “reset” driving or on-duty time. These rules must be understood in…