The Trip Lease Exemption: Overview Motor carriers routinely swap out leased equipment. This is an economical way to keep loaded trucks on the road and therefore on a faster track for delivery. For example, an O/O may be under lease to motor carrier A, which does not have a load…
Recordkeeping: Overview Part 390 contains a set of requirements for recordkeeping that may provide a roadmap to potential discovery, as well as a spoliation argument should the motor carrier be found to have destroyed the records. The recordkeeping requirements apply to the entire subchapter, which encompasses all the FMCSRs. Recordkeeping…
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…
Stopping a CMV: Overview While state “rules of the road” may address stopping of any motor vehicle, the dangers created by the stopping of a large truck were sufficient to motivate the authors of the FMCSR to implement detailed and specific requirements to warn oncoming traffic. In considering these requirements,…
Cargo Securement: Overview The duties incumbent upon the driver of a CMV relative to cargo are strict, and frequently ignored in practice. These rules are critical to the prosecution of a claim involving cargo which falls off a truck, shifts causing the vehicle to wreck or otherwise interferes with operation…
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…
Post-Accident Alcohol and Drug Testing: Overview Post-accident testing is a critical part of any investigation into a wreck involving a commercial motor vehicle. Despite the specific rules regarding when a test is required, it is not at all uncommon for a motor carrier to fail to perform a post-accident test. …
CMV Overview While a great deal of the FMCSRs concern the motor carrier itself, the rules governing driver qualification, monitoring, and testing are also extensive. These regulations come into play before the driver candidate ever takes the wheel. At the employment application stage, a driver candidate must assist his prospective…