Observations And Hours Of CMV Service Starting with the premise that all drivers are subject to the HOS regulations, there are some significant exceptions, particularly as to local drivers and drivers who encounter unforeseen adverse conditions. There are other exemptions, many of a technical nature, that come into play on…
Application and Exceptions: Overview Unless a specific exception applies, the HOS rules found in Part 395 apply to all motor carriers and drivers. There are over twenty possible exceptions. Most, but not all, of those exceptions will preempt any contrary or conflicting state law or regulation governing the safe operation…
Reasons For Hours of Service The Regulations concerning how long a driver may operate a CMV without a break, how often his time limitations re-set, and how various activities such as waiting on a load are counted are some of the most litigated topics in trucking cases. The goal of…
CDL Testing and Licensing Procedures: Observations While one would assume it would be to deal with a driver who professes complete ignorance of the knowledge or skills that he was required to be tested on, it does happen. In that event, it is important to be able to use the…
CDL Testing and Licensing Procedures: Overview The testing and licensing regulations of part 383 contain detailed procedures for anyone wishing to possess a CDL. As an initial note, those regulations were recently revised by the FMCSA, and substantially so. See 76 FR 26854 -26893 (May 9, 2011). The new part…
CDL Driver Disqualifications: Observations First and foremost, the USDOT interpretations state that a motor carrier cannot unilaterally place a driver out-of-service for serious traffic convictions. In its guidance on the driver disqualification requirements, the USDOT specifies that a motor carrier must pull a driver off the road once it “knows,…
Driver Disqualification: Overview The CDL requirements set forth certain disqualifying events for a CDL driver. While the regulations are interpreted by the USDOT to mean that only the FMCSA or the State or jurisdiction that issued a CDL may disqualify a driver, this does not mean that a motor carrier…
Notification of Suspension and Convictions: Overview The regulations require a CDL holder to provide detailed information about any convictions for motor vehicle law violations and any license suspension to both the state issuing the CDL and his employer. These regulations also require job applicants to disclose ten years worth of…
Observations Most cases involving trucks will obviously involve a CDL holder. However, knowing early on if you face an exception to the requirement of a CDL will assist you in posturing the case effectively. For example, it is certainly worth exploring whether the driver of a large RV involved in…
Introduction The stated purpose behind the requirement of the CDL, as set forth in the FMCSRs, is “to help reduce or prevent truck and bus accidents, fatalities, and injuries by requiring drivers to have a single commercial motor vehicle driver’s license and by disqualifying drivers who operate commercial motor vehicles…