All commercial trucks are subject to state and federal trucking regulations. These regulations aim to make the roads safer for all who use them. In a truck accident, one of the most important steps your attorney takes, along with law enforcement, is to determine if the truck driver or company failed to meet the expectations of safety regulations. Talk to a Texas 18 wheeler truck accident attorney from The Doan Law Firm today.
What Trucking Safety Regulations You Should Know
Anyone sharing the road with a trucking company needs to know the rules those organizations must follow to keep you safe. There are numerous regulations. In Texas, the following apply.
- Truck speed regulations: In Texas, all large commercial vehicles must not exceed 70 miles per hour during the day or 65 miles per hour at night.
- Truck weight limits: Local roads have numerous posted weight regulations. Along Texas interstates, trucks cannot weigh more than 80,000 pounds.
- Cargo loading: Another important factor is how cargo is loaded onto the vehicle. Depending on the size, type, and material, truck drivers and cargo loading teams must use specific tie-downs and securing mechanisms.
- Age: In Texas, a person must be at least 18 years of age to operate an intrastate commercial driver’s license. They must be at least 21 years of age to operate an interstate commercial driver’s license.
- Hours of operation: Trucking laws also limit the number of hours a truck driver may be on the road at a time. Typically, a truck driver must drive 12 hours after they have at least 8 consecutive hours off duty. The driver cannot drive after 15 hours on duty, followed by 8 hours off.
These are some basic regulations every trucking company must follow, but they are far from all requirements.
Texas CDL Licensing Laws
Another important trucking safety regulation in Texas concerns the licensing and training of drivers of large trucks. There are three commercial driver’s licenses (CDLs) in the state of Texas that truckers must obtain to operate these vehicles:
- Class A: A Class A license allows the driver to operate a vehicle with a gross combined weight of 26,001 pounds or a combination of vehicles with a gross weight of 26,001 pounds, where the towed vehicle does not exceed 10,000 pounds.
- Class B: This classification includes the same weight limits as a Class A, but also includes a farm trailer that cannot exceed 20,000 pounds towing. Drivers can also operate any vehicle transporting 24 or more passengers.
- Class C: This license is available to those who have a Class A or Class B license or anyone transporting between 16 and 23 passengers.
There are numerous steps necessary to obtain a commercial driver’s license. These trucking safety regulations in Texas aim to protect drivers and other road users. Violations of these rules often result in fines and can also create liability for the truck driver, the trucking company, and others involved when their actions cause injuries.
Texas House Bill 4337
Another important update to Texas commercial truck driving safety regulations is Texas House Bill 4337. This law requires all employers to verify that their employees hold the required commercial driver’s licenses or learner permits before they are on the road. Drivers must provide employment verification to inspectors upon request to demonstrate compliance. Drivers must also have all employment validation related to work visas and residency status.
This is an important element of demonstrating liability. It ensures that the commercial trucking company verifies that the person they put behind the wheel has proper training to do so.
Federal Trucking Regulations Apply
Though Texas has some commercial truck safety regulations, federal regulations are comprehensive. All drivers in the state must meet those requirements if they extend beyond what the state’s laws require. Beyond the hours of service laws and driver qualifications, several other applicable regulations apply:
Drug and Alcohol Testing of Drivers
The Federal Motor Carrier Safety Administration (FMCSA) requires drug and alcohol screening. This falls under 49 CFR Part 40. It mandates testing for commercial truck drivers in various situations. That includes:
- Pre-employment
- Reasonable suspicion
- Post-accident
- Random testing
- Return-to-duty
- Follow-up
These tests scan for marijuana, cocaine, opioids, amphetamines, PCP, and blood alcohol concentration (BAC). There is no tolerance for truck drivers who use alcohol or drugs behind the wheel.
Vehicle Maintenance Rules
A major reason many accidents occur in Texas is inadequate maintenance. Like any other vehicle, commercial trucks require routine maintenance and upkeep to ensure they are working properly. Routine maintenance reduces the risk of serious breakdowns and unexpected accidents that result from them.
Motor carriers must maintain their vehicles in accordance with the manufacturer’s specifications. This includes:
- Routine inspections, including pre-route visual inspections
- Regular repair
- Routine maintenance
- Ensure core parts, like steering, brakes, frames, lights, and tires, are in good working condition for each trip
Daily, annual, and periodic inspections are core to keeping these trucks in good working order. Failures here can lead to sudden breakdowns, such as tires blowing out and injuring others, or brakes failing to stop properly, crushing the vehicle in front of them.
Not only is it necessary to maintain these systems, but truck owners, truck drivers, and trucking companies must also maintain a log of completed repairs. This includes all inspections and repairs. If a problem occurs with a major truck component, the log should show who performed the repairs and what work they did. In some situations, maintenance teams can be liable if they fail to perform tasks as expected or if they use inferior components on the truck that cause a failure.
Hazardous Materials
Texas and federal government safety regulations also protect the movement of hazardous materials. These rules govern how companies must pack, mark, and label these materials. They also create very specific rules about how the materials move throughout the state.
Set Up a Free Consultation with our Truck Accident Attorney Now
If you suffered injuries and losses due to the mistakes of a truck driver or trucking company, The Doan Law Firm wants to help you. Our Houston-based truck accident attorney provides guidance to victims injured as a result of trucking safety regulations violations in Texas. Contact us for a free consultation.