Frequently Asked Questions

1. What Federal agency regulates the trucking industry?

2. What is the applicable law that relates to the commercial trucking industry?

3. What should my client's safety program include?

4. What is the International Registration Plan (IRP) and what are the requirements?

5. What are some of the dangers associated with large trucks on the roadways?

6. What are some of the causes of tractor-trailer collisions?

7. Why is a traffic accident involving a commercial truck more likely to cause injury than one involving a passenger car?

8. Are there any state or federal regulations governing truck drivers?

9. What are the regulations regarding prohibited conduct for truck drivers?

10. What role does alcohol and drug use play in tractor trailer wrecks?

11. Are there trucking regulations governing the number of hours a truck driver can operate in a 24 hour period?

1. The Federal Highway Administration (FHWA), Office of Motor Carriers, which is part of the Department of Transportation, regulates the trucking industry.   The FHWA is responsible for the issuance, administration, and enforcement of the applicable rules and regulations (Federal Motor Carrier Regulations).
   
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2. The FHWA is the government agency responsible for the issuance, administration, and enforcement of Federal Motor Carrier Regulations (FMCSR).  The FMCSRs are found at 49 Code of Federal Regulations (CFR) Parts 325, 350, and 382-399.   The Hazardous Materials Regulations for motor carriers are found at 49 CFR Parts 100-180.  In addition, 49 CFR Part 40 regulates drug and alcohol testing requirements for motor carriers. 
   All carriers engaged in interstate commerce within the United States, even if from Mexico or Canada, must comply with these federal regulations.  The laws of Mexico and Canada, which are less stringent than in the United States, do not apply to Mexican and Canadian trucks driving in the United States, although some interesting North Atlantic Free Trade Agreement (NAFTA) issues are raised when trying to make the truck sizes and weights compatible between the countries.
   
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3. Whether a business has one truck or an entire fleet, the rules of a company-wide safety campaign should include four principles:
   • Keep rules short and sweet. This will help workers remember and understand them.
   • Management should always set a good example by following the rules like everyone else.
   • Develop ways to correct safety violations. Promptly address any safety compliance failures through educating the group rather than only punishing an individual.
   • Rules should not require behavior contrary to human nature or infringe on the basic rights of individuals.

   Additionally, safety rules should be consistent with a company's overall philosophy, which will help to communicate that management is committed to the effort.

   The safety checklist can be divided into categories, such as the:

   Basic safety policy:

   • States the company's overall commitment and involvement to safety.
   • Addresses driver and supervisor responsibilities.
   • Asserts the importance of maintaining safe vehicles.
   • Reinforces the need for initial and ongoing driver training.
   • States substance abuse policies and the use of seat belts, cellular phones, and vehicles for personal and family reasons.

   Driving record examination:

   • Reviews driving records and accident histories with potential employees. A company may decide that more than three moving violations in past three years is unacceptable. Also, a business may decide not to hire someone who has been convicted of any alcohol-related or drug-related driving offenses during the past five years.                                                                              
   • Checks references by contacting previous employers, assessing experience and skills.
   • Verifies that driver licenses are valid.
   • Conducts periodic reviews of motor vehicle reports (MVR), which should be kept confidential.
   • Establishes specific, progressive penalties for any driving violations. For example, after two chargeable accidents or a DUI, a hauler loses driving privileges.

   Accident reporting guidelines and investigation procedures:

   • Has a policy on how to report accidents and establish procedures, including media relations procedures.
   • Requires vehicles to carry accident kits to help the driver follow procedures.
   • After an accident, determines how the incident could have been prevented and what actions should be taken next time.

   Vehicle inspections and maintenance procedures:

   • Drivers should document daily pre- and post-trip inspections.
   • Has procedures for reporting and repairing defects.
   • Implements preventative maintenance schedule.
   • Maintains vehicle maintenance and inspection records.

   Driver training program:

   • For new hires, requires a defensive driving course, certification to operate equipment, and a training class for company procedures and policies.
   • For employees, provides an ongoing driver safety program that includes all important safety topics.
   • Requires attendance at regular safety meetings.

   Launch a recognition program:

   • Includes performance evaluation guidelines and rewards for safety.

   Create a disciplinary program:

   • Issues a written safety policy to drivers, making sure they understand and can follow each point.
   • Creates specific consequences for each safety violations.

   Additionally, companies should ask their insurance carrier what other important checklist rules demonstrate a commitment to safety and hopefully reduces accidents and insurance costs. In the end, establishing a written safety policy will help to emphasize the safety program's rules, as they can be an important part of daily operations and employees responsibility.
   
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4. The International Registration Plan (IRP) is a reciprocal agreement that authorizes the proportional registration among the states of commercial motor vehicles. This means if a truck is operated in multiple states, the owner must annually report mileage driven in each state and taxes are paid proportionately based on the mileage driven. The good news is the owner may pay those taxes in one state— referred to as the base state. Owners are required to register under IRP if :

   • the vehicle is over 26,000 GVW;
   • or has three or more axles, regardless of weight;
   • or is a power unit and trailer whose combined GVW is in excess of 26,000 pounds,
   • and your truck is part of a declared fleet that operates in your home state and at least one other IRP jurisdiction.
   Further information regarding the International Registration Plan can be obtained from the IRP, Inc., website at http://www.aamva.org/IRP/index.html
   
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5. What are some of the dangers associated with large trucks on the roadways?
   • No-Zones - Large trucks have no-zones, or blind spots, that are located around the front, back, and sides of the truck. When a car is in the No-Zone, the truck driver is usually unable to see it. At these times, a large truck could turn into a passing car and a serious accident could result.
      
   • Squeeze Play – Tractor-trailer trucks need to swing wide to the left in order to negotiate a right turn. When truck drivers make wide right turns; they are often unable to see smaller vehicles directly behind or beside them. When a car cuts between the truck and a curb, the car can be caught in a squeeze, and a serious accident can occur.
      
   • Stopping Distance – Big rig trucks need a greater stopping distance than other vehicles. If there is not enough stopping distance between a car and a large truck, the car risks being involved in a rear-end collision.
      
   • “Off-track” -  Occurs when a truck turns at high speed and swings into an adjacent lane unexpectedly.  Unlike passenger vehicles, transport trucks require up to 40 percent more space to stop.  Following too closely results in inadequate stopping distance between large trucks which then rear-end vehicles in front.  It is not difficult to imagine the devastating results that occur when a car, van or SUV is hit from behind with over 10,000 lbs. of moving metal.

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6. There are many different reasons for accidents involving large trucks include negligence on the part of the truck driver or the other vehicles involved. Others include:
   • Aggressive drivers
   • Unrealistic schedules
   • Failure to inspect tires, brakes and lights
   • Tailgating
   • Long work-shifts
   • Driver fatigue
   • Cell phone use
   • Failure to install blind spot mirrors
   • Jackknifing
   • Speeding and ignoring reduced truck speed limit

   A 18-wheeler truck traveling at 70 miles per hour has twice as much energy as one at 50 mph. In addition, automobiles are designed under Federal Motor Vehicle Safety Standards to encounter like size vehicles, not 80,000 pound trucks. Added hazards include the absence of rear and side bumpers and high front bumpers that punch into automobile passenger compartments. Together these factors account for the high percentage of serious injuries and deaths in these crashes.

   
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7. Trucking accidents are different from auto accidents in many ways, one of the most serious being the extent of damages and injuries when a truck and an automobile collide. A typical fully loaded large commercial truck can weigh 80,000 pounds or more, while an average passenger automobile weighs approximately 3,000 pounds. Due to this size disparity, and the basic laws of physics, any collision between a commercial truck and another vehicle is likely to result in serious, even fatal, injuries.
   
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8. There are many regulations, both state and federal, that trucking companies are required to follow. Some of those laws include the following:
   • Trucking companies are required to follow the Federal Motor Carrier Safety Administration’s (FMCSA) regulations concerning equipment and hours of service.
      
   • Truck drivers are required to maintain a driver’s log.
      
   • Federal regulations require commercial trucks to carry certain levels of insurance coverage, depending on the nature of the materials hauled. These regulations protect victims of large truck crashes from truck owners who may not have the financial resources to pay damages out-of-pocket.
      
   • The Commercial Motor Carrier Safety Assistance Program requires that individual States, and other political jurisdictions unify to develop and implement programs that will ultimately improve motor carrier, CMV, and driver safety and establish a safer and more efficient transportation system.
      
   • Commercial driver’s license standards are federal regulations in place to reduce or prevent truck accidents and resulting injuries and/or deaths by requiring drivers of certain vehicles to obtain a single commercial motor vehicle driver's license.
      
   • Both Pennsylvania State and/or federal law, depending on whether the truck was involved in intrastate or interstate transport may govern truck accidents.
      

   + Learn More About Federal Trucking Regulations

   
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9. A driver will not be allowed to operate a commercial motor vehicle if he/she engages in prohibited conduct. Prohibited conduct includes:
   • Reporting for duty with a blood alcohol concentration of 0.02 or greater,
      
   • Possessing alcohol unless it is part of a shipment, including medications like cough syrup or cold medicine that contain alcohol,
      
   • Consuming alcohol while performing safety-sensitive functions,
      
   • Consuming alcohol within 8 hours preceding an accident,
      
   • Reporting for duty while using any drug that affects the driver’s ability to safely operate a motor vehicle, or
      
   • Refusing to submit to any DOT mandated alcohol or drug test.
   
   
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10. Intoxicated Drivers.  Over a period of one year, a study of truck driver fatalities was conducted by The National Transportation Safety Board and The National Institute on Drug Abuse in eight states. Comprehensive drug screenings were performed on blood specimens taken from 168 fatally injured drivers. One or more drugs was detected in 67% of these fatally injured drivers and 33% of these drivers had detectable blood concentrations of psychoactive drugs or alcohol. 
    
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11. The short answer is yes!
    Hours of Service.  Driver fatigue and drowsiness are conditions that result in reckless behavior such as failure to keep in the proper lane and running off the road.  Tired truckers are of such concern that in April of 2003, the Federal Motor Carrier Safety Administration (FMCSA) instituted new hours of service regulations to curb truckers’ problems with fatigue.  While these laws have helped reduce the number of accidents, the U.S. National Transportation Safety Board still blames driver fatigue as a probable factor in 20-40% of truck crashes.
    
    Since 1939, Federal law has placed restrictions on the hours of service that a trucker may operate his truck. Recent changes have been made to these rules for the first time in over 60 years. The new rules are designed to reduce the effect of cumulative fatigue and prevent many of the accidents and fatalities to which fatigue is a contributing factor for big rig drivers.
    
    Truck driver fatigue can have devastating consequences to others on the road. In 2003, there were over 4,600 fatal wrecks involving large commercial trucks.
    
    Related Information:
    More on Truck Driver Fatigue
    
    Effects of Sleep Schedules on Commercial Motor Vehicle Driver Performance
    
    
    
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