The U.S. Department of Transportation (DOT) has many rules that govern commercial motor vehicles (CMVs) and their drivers. These rules cover things like driver qualifications, hours on the job, and drug and alcohol testing. They also set standards for vehicle maintenance, repairs, and the transport of cargo.

The regulations are in place to keep people safe. They should protect the lives of CMV drivers and those who share the road with them. Nonetheless, commercial vehicle accidents do happen, often with devastating results. In the aftermath, lawyers often look at the DOT regulations to make sure they were followed. If not, you might be able to sue. 

The laws about commercial trucks are in the Code of Federal Regulations (CFR) and administered by the Federal Motor Carrier Safety Administration (FMCSA). The following is an overview of the most notable regulations and what you can do if you witness unsafe driving behavior.

Who Must Comply With DOT Regulations? 

Companies who use a commercial motor vehicle to move cargo or passengers as part of interstate commerce must have a USDOT number. CMVs carrying some types of hazardous materials also might need a USDOT number.

The USDOT number identifies the vehicle to monitor safety compliance, audits, inspections, and crash investigations. This allows the DOT to have a record on the vehicle and its past inspection history, including any past safety violations. 

Even though most CMVs need a USDOT number, not every FMCSA regulation applies to every vehicle. Some regulations are specific to trucks carrying passengers or only hauling cargo. To know what rules apply to a certain semi-truck, trailer, 18-wheeler, or large commercial vehicle, it is important to look closely at the section in the Code of Federal Regulations.  

Key Components of DOT Compliance 

There are some sections of the DOT regulations that are more commonly looked at in CMV accident cases. These directly address some parts of driver behavior that might impact road safety. They also are linked to the safety of the CMVs which can cause such severe destruction if something goes wrong. Therefore, violating these rules can happen with any of the major causes of commercial truck accidents.

Hours of Service (HOS) Regulations 

Hours of service (HOS) regulations set rules about the amount of time a commercial motor vehicle driver spends on the road. The HOS regulations also mandate time for breaks and rest periods. The rules were updated in 2020 and are found in the Code of Federal Regulations (49 CFR 395). These regulations apply to most commercial drivers with some exceptions.

The HOS rules depend on whether a driver is carrying property or passengers. There are also slightly different rules for short haul drivers. Here’s a breakdown of the most important rules drivers have to follow.

Property-carrying drivers:

• May drive a maximum of 11 hours after 10 consecutive hours off duty.
• May not drive beyond the 14th consecutive hour after coming on duty.
• Drivers must take 30-minute break after 8 cumulative hours without a 30-minute break.
• May not drive after 60/70 hours on duty in 7/8 consecutive days. The period restarts after 34 consecutive hours off duty.
• Drivers can split the 10 hours off provision as long as at least one period is at least 7 consecutive hours in the sleeper berth and the other is at least 2 hours long.
• Drivers can extend the 11-hour and 14-hour driving limits by up to 2 hours in the event of adverse conditions (e.g. bad weather).

Passenger-carrying drivers:

• May drive a maximum of 10 hours after 8 consecutive hours off duty.
• May not drive after having been on duty for 15 hours.
• May not drive after 60/70 hours on duty in 7/8 consecutive days.
• Drivers with a sleeper berth must take at least 8 hours in the berth which may be divided into two periods as long as neither period is less than 2 hours.
• Drivers can extend the 10-hour and 15-hour driving limits by up to 2 hours in the event of adverse conditions.

Short haul exception:

• Short haul drivers (property- or passenger-carrying) drive within a 150 air-mile radius and start and end their shift in the same location.
• Do not exceed 14 hours on duty.
• Are not required to take a 30-minute break.
• Must take 8 hours off (passenger-carrying) or 10 hours off (property-carrying) between duty periods.

New technology has made it easier to know if CMV drivers are following these regulations. The FMCSA mandates that CMVs have electronic logging devices (ELDs) for drivers who have to keep records of their duty service. 

The ELD gathers data on driving time, when the engine is running, whether the vehicle is moving, miles driven, and how long the engine has been operating. To check a driver’s compliance, a law enforcement officer or investigator can look at the ELD display screen or a printout of the relevant information. 

The ELD can provide important data for a DOT crash investigation or a lawsuit after a commercial vehicle accident. For example, this can tell an investigator whether a driver was on the road for too long, leading to the risk of unsafe driving from fatigue.

Vehicle Maintenance Standards 

The standards for regular vehicle maintenance are laid out in 49 CFR 396. The obligation is on motor vehicle providers to systematically inspect, repair, and maintain equipment. This includes a mandate that parts and accessories are at all times in safe operating condition. Emergency items like doors, lights, and pushout windows must be inspected every 90 days. The DOT tire regulations are also coded. 

The motor carrier also has to keep records of this maintenance. This is another key piece of information in a crash investigation, where the collision might have happened because of a part overdue for repair. Brake failure, malfunctioning turn signals, and inoperative hazard lights can all lead to serious consequences in a CMV accident.   

Driver Qualification Requirements 

Commercial motor vehicle drivers also have to meet specific requirements laid out in the Code of Federal Regulations (49 CFR 391.11). In general, drivers must be at least 21 years old and have a valid commercial vehicle operator’s license. 

In addition to holding a valid license, the regulations mandate that a driver is physically qualified to drive such a vehicle and can do so safely. They also must complete a road test. A driver must also meet English language proficiency requirements.

Therefore, it’s not enough that a driver has a valid commercial license. Even with a license, they still might not be qualified if they can’t physically handle a CMV. 

Qualification requirements are just the first part of driver regulations. In addition, a driver must also not be disqualified under 49 CFR 391.15. A driver can be disqualified under this section if they:

• Lose their license
• Engage in some on-duty criminal activity such as driving under the influence of alcohol or drugs
• Drive in violation of an out of service order
• Text and drive
• Use a mobile device and drive

Some of these activities might violate other laws besides the DOT regulations. It might open a driver up to other criminal or civil penalties if they don’t drive safely and someone gets hurt as a result. This is when speaking with a lawyer to identify the potential penalties can be particularly important, as different types of law (regulatory, criminal, civil) might all come into play. 

Drug and Alcohol Testing Protocols

The procedures for drug and alcohol testing are set out in the Code of Federal Regulations (49 CFR 40). While the procedures in part 40 are about how to conduct testing across all industries regulated by the Department of Transportation (DOT), the specific testing regulations for commercial motor vehicle carriers are in 49 CFR 382.

Drivers and their employers must be aware of testing regulations, including who is subject to testing and what substances are tested. In general all commercial drivers are subject to drug and alcohol testing. The drug substances fall into five classes:

• Marijuana
• Cocaine
• Opiates (opium and codeine derivatives)
• Amphetamines and methamphetamines
• Phencyclidine (PCP)

In addition to drug testing, alcohol testing detects concentration of 0.02 or greater.

Drivers fail a test if they have an alcohol concentration of 0.04 or greater or test positive for any drug in the restricted classes. They are immediately removed from duty until they complete the DOT return-to-duty process.

Types of Vehicles Subject to DOT Regulations 

DOT regulations generally apply to any commercial motor vehicles. In order to be a CMV, a vehicle must be used for a business and is involved in interstate commerce. In addition, it must fit any one of the following:

• Weight of 10,001 pounds (just over 5 tons) or more
• Gross combination weight rating of 10,001 pounds (just over 5 tons) or more
• Designed for 15 or more people not for payment
• Designed for 8 or more people for payment
• Is transporting hazardous materials of a certain quantity  

Understanding Violations and Penalties 

The Federal Motor Carrier Safety Administration (FMCSA) enforces all of the DOT regulations that apply to commercial vehicles and their drivers. A carrier found to violate the rules might have to pay a penalty or might sign a settlement agreement with the FMCSA.

In the event of a commercial vehicle accident, that isn’t always the end of the story. You can sue the trucking company if their driver caused an accident. A lawyer can help you assess whether this is an appropriate option in your case.

Cargo Securement Requirements 

Vehicles that carry cargo also have to follow strict rules about how that cargo is secured. The regulations lay out several requirements including:

• Cargo must be firmly immobilized or secured
• Proper placement to prevent rolling
• Load limit for cargo securement devices
• Minimum number of tiedowns

There are special rules for certain types of cargo, such as logs, concrete pipes, automobiles, among many others. The DOT load securement regulations are there to prevent serious damage from rollover accidents, t-bones, or other collisions where cargo risks coming out of the truck. 

Best Practices for DOT Compliance 

The FMCSA recommends that commercial carriers take steps to contribute to road safety. In the process, the carriers are also following best practices for DOT compliance. Here are some steps to take:

• Know the FMCSA safety and hazardous materials rules
• Identify your own safety challenges and address how safety management contributes
• Keep registration information updated
• Review inspection and crash reports to identify errors and ask for corrections
• Educate team members on regulations and industry best safety practices

The DOT has several materials that commercial carriers can use to improve best practices, such as videos of CMV safe driving tips. There’s also a motor carrier safety planner to help employers meet regulations. 

Challenges in DOT Compliance 

DOT rules and regulations are there for everyone’s safety. There are nonetheless challenges that sometimes prevent full compliance. Here are just a few examples:

• Driver education: A qualified driver might not know the details of the road safety rules and violate them. This could be as simple as not taking mandatory breaks.
• Employer education: A commercial operator might not stay up-to-date with changing safety regulations. They might neglect to take action to comply with the laws.
• Maintenance expense: A commercial carrier might not want to spend the money to regularly inspect, repair, and maintain vehicles. 
• Economic pressures: A commercial carrier might encourage its drivers to get to a destination quickly to deliver goods, even if that means violating hours of service rules.

There are ways to encourage safety on the road, even for those who aren’t driving commercial vehicles. As a fellow driver, you can take action to help keep the roads clear of hazards. Consider doing this if you see a semi-truck driving poorly so there’s less risk of a serious accident. 

Navigating the DOT Regulatory Landscape

Even if the DOT regulations are well understood by employers and drivers, determining who’s at fault in a commercial vehicle accident can be a complicated task. You don’t have to do it alone, especially if you are living with loss or injury.

Contact Morris & Dewett Injury Lawyers today to review your options after a commercial vehicle accident.