May 9, 2018
Federal Trucking Regulations with Annotations
- Knowledge and Applicability of the Regs – § 390.3
- 390.3 Subsection (1) requires carrier’s knowledge; subsection (2) requires instruction of its drivers and can serve as a basis for negligent training; subsection (3) requires maintenance compliance
- If the FMCSR impose a higher standard of care than other law, FMCSR controls – § 392.2
- Driver Compliance is Motor Carrier’s Duty – § 390.11
- Aiding and Abetting Violations – § 390.13
- Driver qualification and requirements – § 391
- Motor Carrier has a duty to ensure a driver is qualified – § 391.11
- Duty to have a proper application for employment – § 391.21
- Duty to do a background investigation – § 391.23
- Duty to provide a record of violations – § 391.27
- Duty to maintain driver investigation history file – § 391.53
- Qualification file MUST be maintained until 3 years after end of employment – § 391.51(c)
- CDL license with endorsements – § 391.51(3)
- Application for employment – §§ 391.21 and 391.51(b)(1)
- MVR – Driving record – 3-year inquiry – § 391.23(a)(1) and (b)
- MVR driving record – annual – §§ 391.25(b) and (c); 391.51(2) and (5)
- Employment history – 3 years prior (letter from each employer) – §§ 391.23(a)(2) and (c); 391.53(b)(2) and (c)
- Drug and Alcohol Screening and Test Results (on hiring, after accident(s) and randomly) – §§ 391.53(b)(1); 382.401; 383
- Drug and Alcohol Employee Statement – § 391.53(b)(1); 382.401
- Record of Road Test – §§ 391.31 or 391.33; 391.51(3)
- Medical examination report – §§ 391.43; 391.51(b)(7)
- Medical examination certificate – §§ 391.43(g); 391.51(b)(7)
- Driver’s certification CDL and annual continuing obligation – §§ 391.11(b)(5); 391.51(b)(3)
- Proficiency in the English language – § 391.11(b)(2)
- Operation of Commercial Vehicle – § 392
- Violation of a state law, ordinance or regulation is also a violation of FMCSR § 392.2.
- 392.14 governs hazardous conditions, and imposes the duty of “extreme caution” in operation of a commercial motor vehicle in such conditions – including discontinuation of operation if conditions are sufficiently dangerous
- 392.6 governs speed.
- Required Knowledge and Skills of a Driver – § 383.111 & 113
- Knowledge of the Regs
- Effects of fatigue, drugs and alcohol
- Safe operation procedures
- Backing
- Visual search
- Communication
- Speed management
- Night operation
- Extreme driving conditions
- Hazard perception
- Emergency maneuvers
- Skid control
- Vehicle and cargo inspection
- Alcohol and Drugs – § 382
- Hours of Service (fatigue) – § 395
- Duty to maintain driver logs – § 395.8
- Required inspections – § 390.3
- Loading procedures – § 390.3
- Conspicuity – § 390.3
- Braking – § 390.3
- Underride guards – § 390.3
- Documentation requirements – § 390.3
- Leasing Requirements (including insurance) – § 376.12
This page is intended as a resource for practicing attorneys only and is not to be construed as legal advice or representation.