Federal Motor Carrier Safety Administration (FMCSA) compliance failures that commonly arise in Texas involve moving, hours of service (HOS), maintenance and inspection, and driver-related violations. If you are involved in a wreck caused by one of these violations, our Galveston truck accident lawyer can help.
What Is an FMCSA Moving Violation?
A moving violation is an offense committed by a commercial motor vehicle (CMV) driver while their vehicle is in motion. The offense can impact a motor carrier’s Safety Measurement System (SMS) score.
Per the FMCSA’s Motor Carrier Safety Planner, examples of moving violations that may represent compliance failures in Texas can include:
- Speeding
- Following too closely
- Reckless driving
- Improper turns or lane changes
- Failure to yield the right of way or obey a traffic control device
- Railroad grade crossing violations
What Are Hours of Service FMCSA Compliance Failures in Texas?
FMCSA hours of service regulations limit the maximum time that a CMV driver can operate and work. They are enforced by FMCSA and are intended to minimize the risk of fatigue-related accidents.
HOS regulations that you have to follow if you are a truck driver in Texas:
- 11-hour driving limit: You’re not allowed to exceed 11 hours of driving after you’ve been off duty for 10 consecutive hours.
- 14-hour driving window: You have to complete all of your driving within 14 consecutive hours after you come on duty. Off-duty periods don’t pause this clock.
- 30-minute break: You’re required to take a 30-minute break after eight cumulative hours of driving.
- 60/70-hour limit: You can’t drive after you accumulate 60 hours on duty in seven consecutive days or 70 hours on duty in eight consecutive days.
Violating HOS requirements is an FMCSA compliance failure. You may also be penalized if you manipulate an electronic logging device (ELD) or do other things to try to hide possible HOS violations.
What Is Considered an FMCSA Skipped Maintenance and Inspection Compliance Failure in Texas?
FMCSA has inspection, repair, and maintenance requirements for trucking companies. If a trucking company ignores these requirements, the business may be out of compliance with FMCSA regulations.
Skipped maintenance and inspection failures can result in tire blowouts and other truck performance issues. If these failures lead to accidents, the trucking companies involved could be held liable.
When Are Driver-Related Violations Classified as FMCSA Compliance Failures in Texas?
Operating a truck without a valid commercial driver’s license (CDL), without proof of periodic inspection, or under the influence of drugs or alcohol may be classified as FMCSA compliance failures.
In these instances, if a truck driver gets into an accident, this individual or their employer could be held responsible.
Penalties and Liability for FMCSA Compliance Failures in Texas
The penalties and liability for an FMCSA compliance failure may depend on the circumstances of the incident.
In many instances, truck drivers and motor carriers are fined for compliance failures. Fines can total thousands of dollars and may be based on the severity of the violation.
Outside of this, if a truck driver violates HOS regulations, their vehicle may be placed out of service until this individual has completed the required rest.
Meanwhile, if a trucking company knew or should have known about an HOS violation involving one of its drivers, the business can also be held liable.
FMCSA officials may perform an investigation to determine whether a compliance failure occurred. During their investigation, they may analyze ELD data and dispatch records and take other measures to assess liability and potential penalties.