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Truck Accident LitigationFrom A to ZUsing Trucking Laws, Regulations andSafety Standards to Support Your CasePaul R. Dickinson, Jr.October 30, 2015A.Legal Update – CSA, SAFER, PSP and More1.CSA – Compliance. Safety. Accountability.The Federal Motor Carrier Safety Administration (FMCSA) has implemented the Compliance, Safety and Accountability (CSA) Program which uses the Safety Measurement System (SMS) to analyze data from roadside inspections, including driver and vehicle violations; crash reports from the last two years; and investigation results. The date is updated once a month and organized into seven BASICs (Behavior Analysis and Safety Improvement Categories (BASICs). The seven BASICs are:Unsafe Driving – Operation of commercial motor vehicles (CMVs) by drivers in a dangerous or careless manner. Example violations: Speeding, reckless driving, improper lane change, and inattention. (FMCSR Parts 392 and 397)Hours-of-Service (HOS) Compliance – Operation of CMVs by drivers who are ill, fatigued, or in non-compliance with the HOS regulations. This BASIC includes violations of regulations pertaining to records of duty status (RODS) as they relate to HOS requirements and the management of CMV driver fatigue Example violations: HOS RODS, and operating a CMV while ill or fatigued. (FMCSR Parts 392 and 395)Driver Fitness – Operation of CMVs by drivers who are unfit to operate a CMV due to lack of training, experience, or medical qualifications. Example violations: Failure to have a valid and appropriate commercial driver’s license (CDL) and being medically unqualified to operate a CMV. (FMCSR Parts 383 and 391)Controlled Substances/Alcohol – Operation of CMVs by drivers who are impaired due to alcohol, illegal drugs, and misuse of prescription or over-the-counter medications. Example violations: Use or possession of controlled substances/alcohol. (FMCSR Parts 382 and 392)Vehicle Maintenance – Failure to properly maintain a CMV and/or properly prevent shifting loads. Example violations: Brakes, lights, and other mechanical defects, failure to make required repairs, and improper load securement. (FMCSR Parts 392, 393 and 396)Hazardous Materials (HM) Compliance – Unsafe handling of HM on a CMV. Example violations: Release of HM from package, no shipping papers (carrier), and no placards/markings when required. (FMCSR Part 397 and Hazardous Materials Regulations Parts 171, 172, 173, 177, 178, 179, and 180)Crash Indicator – Histories or patterns of high crash involvement, including frequency and severity. It is based on information from State-reported crashes.A carrier’s measurement for each BASIC depends on the following:The number of adverse safety events (violations related to that BASIC or crashes),The severity of violations or crashes, andWhen the adverse safety events occurred (more recent events are weighted more heavily).After a measurement is determined, the carrier is then placed in a peer group (e.g., other carriers with similar numbers of inspections). Percentiles from 0 to 100 are then determined by comparing the BASIC measurements of the carrier to the measurements of other carriers in the peer group. A percentile 100 indicates the worst performance.Safety ratings may be issued after an Onsite Investigation, pursuant to 49 CFR Part 385. Unlike a BASCI percentile, which is updated monthly, a safety rating reflects the date of the investigation. The safety ratings are as follows:Satisfactory – The carrier received an Onsite Comprehensive Investigation indicating that safety controls are sufficient to ensure compliance with the safety fitness standard. Only an Onsite Comprehensive Investigation may result in a Satisfactory rating.Conditional – The carrier received an Onsite comprehensive of Focused Investigation indicating that safety controls are inadequate but have not yet resulted in violations of the safety fitness standard.Unsatisfactory – The carried received an Onsite Comprehensive of Focused Investigation indicating that safety controls are inadequate and have resulted in violations of the safety fitness standard, pursuant to 49 CFR 385.3. A motor carrier with a final rating of Unsatisfactory is prohibited from operating a commercial motor vehicle in interstate commerce pursuant to 49 CFR 385.13(a).2.SAFER – Safety And Fitness Electronic Records system.The SAFER website allows research on federal motor carriers’ safety and fitness record. A “Company Snapshot” can be obtained on the website for any registered federal motor carrier. The Snapshot is a concise electronic record of a company’s identification, location, size, whether the company travels interstate of just intrastate, number of units, number of drivers, commodity information (type of cargo), and safety record, including the safety rating (if any), a roadside out-of-service inspection summary, and crash information (including number injured, killed and crashes requiring a towed vehicle). Company Snapshots are available via an ad-hoc query (one carrier at a time) free of charge at safer.fmcsa..3.PSP – Pre-Employment Screening Program.The FMCSA established the PSP to comply with Federal legislation requiring the FMCSA to provide information on driver safety performance to persons conducting pre-employment screening for the motor carrier industry. The PSP was launched on May 11, 2010 and is a voluntary program. Motor carriers can use the information provided through the PSP – comprised of five years of crash data and three years of inspection data on drivers – to assist in determining if a driver applicant should be hired. Driver data is kept in the FMCSA Motor Carrier Management Information System (MCMIS), which maintains information on a driver’s registration, inspection and crash files. The database displays a snapshot in time based on the most recent MCMIS data entered into the PSP system.B.Key Federal Motor Carrier Safety Regulations (FMCSR)The Federal Motor Carrier Safety Regulations, “The Federal Regs,” “The Safety Regs,” and/or “The Federal Motor Carrier Regs” are the handbook of rules and regulations that all federal motor carriers and drivers must follow. The FMCSR cover all things dealing with the vehicle itself (lights, height, brakes, horns, signage, etc.) drug test requirements and, more importantly, outline the requirements drivers must follow in the safe operation of their vehicles (hours of service, qualifications, and general driving competency). Two versions of the FMCSR are available from the official publisher J. J. Keller & Associates, Inc. – a Handbook and a Pocketbook. These books are also required for anyone handling a claim or lawsuit involving a Commercial Motor Vehicle. They are available for purchase at .Key FMCSR that relate to driver competency and safe driving are found under Part 383, Subpart G – Required Knowledge and Skills.§ 383.110: General requirement.All drivers of CMVs must have the knowledge and skills necessary to operate a CMV safely as contained in this subpart. The specific types of items that a State must include in the knowledge and skills tests that it administers to CDL applicants are included in this subpart.” (Emphasis Added)Section 383.111 outlines the required knowledge.§ 383.111: Required knowledge.(a) All CMV operators must have knowledge of the following 20 general areas:(1) Safe operations regulations. Driver-related elements of the regulations contained in parts 391, 392, 393, 395, 396, and 397 of this subchapter, such as:(i) Motor vehicle inspection, repair, and maintenance requirements;(ii) Procedures for safe vehicle operations;(iii) The effects of fatigue, poor vision, hearing impairment, and general health upon safe commercial motor vehicle operation;(iv) The types of motor vehicles and cargoes subject to the requirements contained in part 397 of this subchapter; and(v) The effects of alcohol and drug use upon safe commercial motor vehicle operations.(2) Safe vehicle control systems. The purpose and function of the controls and instruments commonly found on CMVs.(3) CMV safety control systems. (i) Proper use of the motor vehicle's safety system, including lights, horns, side and rear-view mirrors, proper mirror adjustments, fire extinguishers, symptoms of improper operation revealed through instruments, motor vehicle operation characteristics, and diagnosing malfunctions.(ii) CMV drivers must have knowledge of the correct procedures needed to use these safety systems in an emergency situation, e.g., skids and loss of brakes.(4) Basic control. The proper procedures for performing various basic maneuvers, including:(i) Starting, warming up, and shutting down the engine;(ii) Putting the vehicle in motion and stopping;(iii) Backing in a straight line; and(iv) Turning the vehicle, e.g., basic rules, off tracking, right/left turns and right curves.(5) Shifting. The basic shifting rules and terms for common transmissions, including:(i) Key elements of shifting, e.g., controls, when to shift, and double clutching;(ii) Shift patterns and procedures; and(iii) Consequences of improper shifting.(6) Backing. The procedures and rules for various backing maneuvers, including:(i) Backing principles and rules; and(ii) Basic backing maneuvers, e.g., straight-line backing, and backing on a curved path.(7) Visual search. The importance of proper visual search, and proper visual search methods, including:(i) Seeing ahead and to the sides;(ii) Use of mirrors; and(iii) Seeing to the rear.(8) Communication. The principles and procedures for proper communications and the hazards of failure to signal properly, including:(i) Signaling intent, e.g., signaling when changing direction in traffic;(ii) Communicating presence, e.g., using horn or lights to signal presence; and(iii) Misuse of communications.(9) Speed management. The importance of understanding the effects of speed, including:(i) Speed and stopping distance;(ii) Speed and surface conditions;(iii) Speed and the shape of the road;(iv) Speed and visibility; and(v) Speed and traffic flow.(10) Space management. The procedures and techniques for controlling the space around the vehicle, including:(i) The importance of space management;(ii) Space cushions, e.g., controlling space ahead/to the rear;(iii) Space to the sides; and(iv) Space for traffic gaps.(11) Night operation. Preparations and procedures for night driving, including:(i) Night driving factors, e.g., driver factors (vision, glare, fatigue, inexperience);(ii) Roadway factors (low illumination, variation in illumination, unfamiliarity with roads, other road users, especially drivers exhibiting erratic or improper driving); and(iii) Vehicle factors (headlights, auxiliary lights, turn signals, windshields and mirrors).(12) Extreme driving conditions. The basic information on operating in extreme driving conditions and the hazards encountered in such conditions, including:(i) Bad weather, e.g., snow, ice, sleet, high wind;(ii) Hot weather; and(iii) Mountain driving.(13) Hazard perceptions. The basic information on hazard perception and clues for recognition of hazards, including:(i) Road characteristics; and(ii) Road user activities.(14) Emergency maneuvers. The basic information concerning when and how to make emergency maneuvers, including:(i) Evasive steering;(ii) Emergency stop;(iii) Off road recovery;(iv) Brake failure; and(v) Blowouts.(15) Skid control and recovery. The information on the causes and major types of skids, as well as the procedures for recovering from skids.(16) Relationship of cargo to vehicle control. The principles and procedures for the proper handling of cargo, including:(i) Consequences of improperly secured cargo, drivers' responsibilities, and Federal/State and local regulations;(ii) Principles of weight distribution; and(iii) Principles and methods of cargo securement.(17) Vehicle inspections. The objectives and proper procedures for performing vehicle safety inspections, as follows:(i) The importance of periodic inspection and repair to vehicle safety.(ii) The effect of undiscovered malfunctions upon safety.(iii) What safety-related parts to look for when inspecting vehicles, e.g., fluid leaks, interference with visibility, bad tires, wheel and rim defects, braking system defects, steering system defects, suspension system defects, exhaust system defects, coupling system defects, and cargo problems.(iv) Pre-trip/enroute/post-trip inspection procedures.(v) Reporting findings.(18) Hazardous materials. Knowledge of the following:(i) What constitutes hazardous material requiring an endorsement to transport;(ii) Classes of hazardous materials;(iii) Labeling/placarding requirements; and(iv) Need for specialized training as a prerequisite to receiving the endorsement and transporting hazardous cargoes.(19) Mountain driving. Practices that are important when driving upgrade and downgrade, including:(i) Selecting a safe speed;(ii) Selecting the right gear; and(iii) Proper braking techniques.(20) Fatigue and awareness. Practices that are important to staying alert and safe while driving, including;(i) Being prepared to drive;(ii) What to do when driving to avoid fatigue;(iii) What to do when sleepy while driving; and(iv) What to do when becoming ill while driving.(b) Air brakes. All CMV drivers operating vehicles equipped with air brakes must have knowledge of the following 7 areas:(1) General air brake system nomenclature;(2) The dangers of contaminated air supply (dirt, moisture, and oil);(3) Implications of severed or disconnected air lines between the power unit and the trailer(s);(4) Implications of low air pressure readings;(5) Procedures to conduct safe and accurate pre-trip inspections, including knowledge about:(i) Automatic fail-safe devices;(ii) System monitoring devices; and(iii) Low pressure warning alarms.(6) Procedures for conducting en route and post-trip inspections of air-actuated brake systems, including:(i) Ability to detect defects that may cause the system to fail;(ii) Tests that indicate the amount of air loss from the braking system within a specified period, with and without the engine running; and(iii) Tests that indicate the pressure levels at which the low air pressure warning devices and the tractor protection valve should activate.(7) General operating practices and procedures, including:(i) Proper braking techniques;(ii) Antilock brakes;(iii) Emergency stops; and(iv) Parking brake.(c) Combination vehicles. All CMV drivers operating combination vehicles must have knowledge of the following 3 areas:(1) Coupling and uncoupling—The procedures for proper coupling and uncoupling a tractor to a semi-trailer;(2) Vehicle inspection—The objectives and proper procedures that are unique for performing vehicle safety inspections on combination vehicles; and(3) General operating practices and procedures, including:(i) Safely operating combination vehicles; and(ii) Air brakes. (Emphasis in original)Section 383.113 outlines the required skills.§ 383.113: Required skills.(a) Pre-trip vehicle inspection skills. Applicants for a CDL must possess the following basic pre-trip vehicle inspection skills for the vehicle class that the driver operates or expects to operate:(1) All test vehicles. Applicants must be able to identify each safety-related part on the vehicle and explain what needs to be inspected to ensure a safe operating condition of each part, including:(i) Engine compartment;(ii) Cab/engine start;(iii) Steering;(iv) Suspension;(v) Brakes;(vi) Wheels;(vii) Side of vehicle;(viii) Rear of vehicle; and(ix) Special features of tractor trailer, school bus, or coach/transit bus, if this type of vehicle is being used for the test.(2) Air brake equipped test vehicles. Applicants must demonstrate the following skills with respect to inspection and operation of air brakes:(i) Locate and verbally identify air brake operating controls and monitoring devices;(ii) Determine the motor vehicle's brake system condition for proper adjustments and that air system connections between motor vehicles have been properly made and secured;(iii) Inspect the low pressure warning device(s) to ensure that they will activate in emergency situations;(iv) With the engine running, make sure that the system maintains an adequate supply of compressed air;(v) Determine that required minimum air pressure build up time is within acceptable limits and that required alarms and emergency devices automatically deactivate at the proper pressure level; and(vi) Operationally check the brake system for proper performance.(b) Basic vehicle control skills. All applicants for a CDL must possess and demonstrate the following basic motor vehicle control skills for the vehicle class that the driver operates or expects to operate:(1) Ability to start, warm up, and shut down the engine;(2) Ability to put the motor vehicle in motion and accelerate smoothly, forward and backward;(3) Ability to bring the motor vehicle to a smooth stop;(4) Ability to back the motor vehicle in a straight line, and check path and clearance while backing;(5) Ability to position the motor vehicle to negotiate safely and then make left and right turns;(6) Ability to shift as required and select appropriate gear for speed and highway conditions; and(7) Ability to back along a curved path.(c) Safe on-road driving skills. All applicants for a CDL must possess and demonstrate the following safe on-road driving skills for their vehicle class:(1) Ability to use proper visual search methods;(2) Ability to signal appropriately when changing direction in traffic;(3) Ability to adjust speed to the configuration and condition of the roadway, weather and visibility conditions, traffic conditions, and motor vehicle, cargo and driver conditions;(4) Ability to choose a safe gap for changing lanes, passing other vehicles, as well as for crossing or entering traffic;(5) Ability to position the motor vehicle correctly before and during a turn to prevent other vehicles from passing on the wrong side, as well as to prevent problems caused by off-tracking;(6) Ability to maintain a safe following distance depending on the condition of the road, visibility, and vehicle weight;(7) Ability to adjust operation of the motor vehicle to prevailing weather conditions including speed selection, braking, direction changes, and following distance to maintain control; and(8) Ability to observe the road and the behavior of other motor vehicles, particularly before changing speed and direction.(d) Test area. Skills tests shall be conducted in on-street conditions or under a combination of on-street and off-street conditions.(e) Simulation technology. A State may utilize simulators to perform skills testing, but under no circumstances as a substitute for the required testing in on-street conditions.C. Hours of ServiceFMCSR Part 395 – Hours of Service Drivers§ 395.3: Maximum driving time for property-carrying vehicles.(a) Except as otherwise provided in § 395.1, no motor carrier shall permit or require any driver used by it to drive a property-carrying commercial motor vehicle, nor shall any such driver drive a property-carrying commercial motor vehicle, regardless of the number of motor carriers using the driver's services, unless the driver complies with the following requirements:(1) Start of work shift. A driver may not drive without first taking 10 consecutive hours off duty;(2) 14-hour period. A driver may drive only during a period of 14 consecutive hours after coming on duty following 10 consecutive hours off duty. The driver may not drive after the end of the 14-consecutive-hour period without first taking 10 consecutive hours off duty.(3) Driving time and rest breaks. (i) Driving time. A driver may drive a total of 11 hours during the 14-hour period specified in paragraph (a)(2) of this section.(ii) Rest breaks. Except for drivers who qualify for either of the short-haul exceptions in § 395.1(e)(1) or (2), driving is not permitted if more than 8 hours have passed since the end of the driver's last off-duty or sleeper-berth period of at least 30 minutes.(b) No motor carrier shall permit or require a driver of a property-carrying commercial motor vehicle to drive, nor shall any driver drive a property-carrying commercial motor vehicle, regardless of the number of motor carriers using the driver's services, for any period after—(1) Having been on duty 60 hours in any period of 7 consecutive days if the employing motor carrier does not operate commercial motor vehicles every day of the week; or(2) Having been on duty 70 hours in any period of 8 consecutive days if the employing motor carrier operates commercial motor vehicles every day of the week.(c)(1) Any period of 7 consecutive days may end with the beginning of an off-duty period of 34 or more consecutive hours that includes two periods from 1:00 a.m. to 5:00 a.m.(2) Any period of 8 consecutive days may end with the beginning of an off-duty period of 34 or more consecutive hours that includes two periods from 1:00 a.m. to 5:00 a.m.(d) A driver may not take an off-duty period allowed by paragraph (c) of this section to restart the calculation of 60 hours in 7 consecutive days or 70 hours in 8 consecutive days until 168 or more consecutive hours have passed since the beginning of the last such off-duty period. When a driver takes more than one off-duty period of 34 or more consecutive hours within a period of 168 consecutive hours, he or she must indicate in the Remarks section of the record of duty status which such off-duty period is being used to restart the calculation of 60 hours in 7 consecutive days or 70 hours in 8 consecutive days.D.Truck Driver Qualification Supervision and Retention1.Qualification. A driver is first qualified to drive a Commercial Motor Vehicle (CMV) by holding a valid Commercial Drivers License (CDL). Sec. 391.11 outlines the specific qualifications as follows:§ 391.11: General qualifications of drivers.(a) A person shall not drive a commercial motor vehicle unless he/she is qualified to drive a commercial motor vehicle. Except as provided in § 391.63, a motor carrier shall not require or permit a person to drive a commercial motor vehicle unless that person is qualified to drive a commercial motor vehicle.(b) Except as provided in subpart G of this part, a person is qualified to drive a motor vehicle if he/she—(1) Is at least 21 years old;(2) Can read and speak the English language sufficiently to converse with the general public, to understand highway traffic signs and signals in the English language, to respond to official inquiries, and to make entries on reports and records;(3) Can, by reason of experience, training, or both, safely operate the type of commercial motor vehicle he/she drives;(4) Is physically qualified to drive a commercial motor vehicle in accordance with subpart E—Physical Qualifications and Examinations of this part;(5) Has a currently valid commercial motor vehicle operator's license issued only by one State or jurisdiction;(6) Has prepared and furnished the motor carrier that employs him/her with the list of violations or the certificate as required by § 391.27;(7) Is not disqualified to drive a commercial motor vehicle under the rules in § 391.15; and(8) Has successfully completed a driver's road test and has been issued a certificate of driver's road test in accordance with § 391.31, or has presented an operator's license or a certificate of road test which the motor carrier that employs him/her has accepted as equivalent to a road test in accordance with § 391.33. (Emphasis added)A driver must also take and pass a CDL physical examination. Health issues that may cause a driver to fail his physical include heart disease, uncontrolled high blood pressure, uncontrolled diabetes, a history of DVTs, respiratory disease, arthritis or other muscular disease, epilepsy, mental illness or anxiety, poor hearing as tested, and vision worse that 20/40 without corrective lenses or corrected to worse than 20/40.The driver “Road Test” is administered pursuant to § 391.31’s minimal requirements. Sec. 391.31 states only that a Road Test must be administered “by a person who is competent to evaluate and determine whether the person who takes the test has demonstrated that he/she is capable of operating the commercial motor vehicle.” There is no other requirement for the “Road Test.” BUT, § 391.31 does state that the Road Test must be given by someone other than the driver taking the test.2.Supervision and Retention.Pursuant to § 391.25, all Federal Motor Carriers must conduct an annual inquiry and review of each drivers driving record. Sec 391.25(b)(2) states: that “the motor carrier must consider the driver's accident record and any evidence that the driver has violated laws governing the operation of motor vehicles, and must give great weight to violations, such as speeding, reckless driving, and operating while under the influence of alcohol or drugs, that indicate that the driver has exhibited a disregard for the safety of the public.” (Emphasis Added)Not only must the FMC request annual driving record reports, but the driver must also submit his/her own report of all violations and accidents for comparison. Copies of the records obtained by the FMC, and the driver’s self-report, must be maintained in the driver’s qualification file.Further, regarding safe operation of a CMV, § 392.6, “Schedules to conform with speed limits,” states that “No motor carrier shall schedule a run nor permit nor require the operation of any commercial motor vehicle between points in such period of time as would necessitate the commercial motor vehicle being operated at speeds greater than those prescribed by the jurisdictions in or through which the commercial motor vehicle is being operated.”E.Trucking Company Training Requirements and ProgramsThe FMCSR do not outline any specific training requirements or programs that are required. Sec. 390.3(e)(1) of the FMCSR does, however, that “every employer shall be knowledgeable of and comply with all regulations contained in [Subchapter 390 regarding general requirements and information], which are applicable to that motor carrier’s operation.” Sec. 390.3(e)(2)(b) further states that “Every driver shall be instructed regarding, and shall comply with, all applicable regulations contained within [Subchapter 390]. Generally, Commercial Motor Carriers have a duty to ensure that it employs safe and qualified drivers. While there is no specific training requirements or programs in the FMCSR, as the employer, FMCs must take certain steps so that its drivers are familiar with the rules, regulations and requirements to be a competent and safe driver.F.Truck Safety StandardsPart 396 of the FMCSR govern the mechanical safety of the CMV. In short, Part 396 dictates that the FMC has a duty to ensure that all of it’s owned FMVs are in good safe and working order – and that “unsafe operation is forbidden.” (§ 396.7) Records must be for service must be maintained for 1 year. (§ 396.3)Secs. 393.3 and 396.7 read as follows:§ 396.3: Inspection, repair, and maintenance.(a) General. Every motor carrier and intermodal equipment provider must systematically inspect, repair, and maintain, or cause to be systematically inspected, repaired, and maintained, all motor vehicles and intermodal equipment subject to its control.(1) Parts and accessories shall be in safe and proper operating condition at all times. These include those specified in part 393 of this subchapter and any additional parts and accessories which may affect safety of operation, including but not limited to, frame and frame assemblies, suspension systems, axles and attaching parts, wheels and rims, and steering systems.(2) Pushout windows, emergency doors, and emergency door marking lights in buses shall be inspected at least every 90 days.(b) Required records. Motor carriers, except for a private motor carrier of passengers (nonbusiness), must maintain, or cause to be maintained, records for each motor vehicle they control for 30 consecutive days. Intermodal equipment providers must maintain or cause to be maintained, records for each unit of intermodal equipment they tender or intend to tender to a motor carrier. These records must include:(1) An identification of the vehicle including company number, if so marked, make, serial number, year, and tire size. In addition, if the motor vehicle is not owned by the motor carrier, the record shall identify the name of the person furnishing the vehicle;(2) A means to indicate the nature and due date of the various inspection and maintenance operations to be performed;(3) A record of inspection, repairs, and maintenance indicating their date and nature; and(4) A record of tests conducted on pushout windows, emergency doors, and emergency door marking lights on buses.(c) Record retention. The records required by this section shall be retained where the vehicle is either housed or maintained for a period of 1 year and for 6 months after the motor vehicle leaves the motor carrier's control.§ 396.7: Unsafe operations forbidden.(a) General. A motor vehicle shall not be operated in such a condition as to likely cause an accident or a breakdown of the vehicle.(b) Exemption. Any motor vehicle discovered to be in an unsafe condition while being operated on the highway may be continued in operation only to the nearest place where repairs can safely be effected. Such operation shall be conducted only if it is less hazardous to the public than to permit the vehicle to remain on the highway.The FMCSR also place a duty upon the driver to conduct daily pre-trip inspections of the vehicle before he begins driving it. Sec. 392.7 governs the inspection of the vehicle, while § 392.9 governs the inspection of the vehicle’s cargo. Sec. 392.8 governs the necessity of emergency equipment required and available for use by a driver. Sec. 392.7 related to the pre-trip inspection sates:§ 392.7: Equipment, inspection and use.(a) No commercial motor vehicle shall be driven unless the driver is satisfied that the following parts and accessories are in good working order, nor shall any driver fail to use or make use of such parts and accessories when and as needed:Service brakes, including trailer brake connections. Parking (hand) brake. Steering mechanism. Lighting devices and reflectors. Tires. Horn. Windshield wiper or wipers. Rear-vision mirror or mirrors. Coupling devices. Wheels and rims. Emergency equipment.(b) Drivers preparing to transport intermodal equipment must make an inspection of the following components, and must be satisfied they are in good working order before the equipment is operated over the road. Drivers who operate the equipment over the road shall be deemed to have confirmed the following components were in good working order when the driver accepted the equipment:—Service brake components that are readily visible to a driver performing as thorough a visual inspection as possible without physically going under the vehicle, and trailer brake connections —Lighting devices, lamps, markers, and conspicuity marking material —Wheels, rims, lugs, tires —Air line connections, hoses, and couplers —King pin upper coupling device —Rails or support frames —Tie down bolsters —Locking pins, clevises, clamps, or hooks —Sliders or sliding frame lockPre-trip inspections should be documented and maintained by the CMC. Most often, a booklet is utilized by the driver to conduct his pre-trip inspection, and copies are kept by the Carrier. The pre-trip inspection booklets are typically standardized with check boxes for the different systems inspected pursuant to §392.7.G.State and Local RegulationsSince each driver of a CMV must have passed the examination for a CDL, the CDL driver’s manual is a treasure trove of information each CDL licensed driver should know and follow. The North Carolina CDL Manual is available to download as a PDF file at download/dmv/handbooks_cdlmanual.pdf.CDL licenses are issued by states. Many times a driver may be licensed in one state when he is involved in a crash in another state. If a driver is engaged in intestate commerce and travel, he must be aware of the laws of each state in which he operates a CMV. While the CDL license is considered standard, the CDL Manuals for different states vary slightly and may have different ways of describing the same information.Section 2 of the North Carolina CLD Manual covers the following topics:Vehicle Inspection Basic Control of Your Vehicle Shifting Gears Seeing Communicating Space Management Controlling Your Speed Seeing Hazards Distracted Driving Aggressive Drivers/Road Rage Night Driving & Driver Fatigue Driving in Fog Winter Driving Hot Weather Driving Railroad-highway Crossings Mountain Driving Driving Emergencies Antilock Braking Systems Skid Control and Recovery Accident Procedures Fires Alcohol, Other Drugs, and Driving Hazardous Materials RulesEach sub-section contains a short quiz of questions written in plain English regarding the topic and the minimal knowledge required by a driver of a CMV. The importance of obeying speed limits, information about perception and reactions times, and the necessity of keeping a proper lookout, etc., are all a part of the CDL Manual. It is suggested the any attorney either prosecuting or defending a civil case involving a CMV be aware of the potential cross examination of a driver. Drivers should be prepared to respond to almost any section of the CDL Manual with knowledge of the topics and the importance of how topics relate to the general allegations of negligence in any motor vehicle lawsuit. In addition to the CDL requirements, local jurisdictions may effect driver operation. For instance, Mecklenburg County maintains a website that contains traffic and operational information applicable to drivers – or certainly information that a professional driver and CMC should be aware. The Char-Meck website contains specific information about “Traffic Safety.”See: city/charlotte/Transportation/Traffic/Pages/home.aspx.A specific page contains on Traffic Safety is entitled “Facts About Speeding.” It provides the following information:Speeding is the act of exceeding the posted speed limit or driving too fast for existing conditions.Speeding is the #1 violation in fatal motor vehicle crashes.In North Carolina, 1 person is killed or injured in speed-related crashes every 22 minutes.Motor vehicle traffic-related injury is the leading cause of death in Mecklenburg County among those aged 1 – 14. Death rates are twice as high among males than females but injury rates are higher for females.The average American is more likely to be involved in a traffic crash than be a victim of a crime.The greatest number of motor vehicle occupant injuries occurs among those aged 15 to 24.A driver is 6 times more likely to have an accident when traveling at 25% above the average speed (examples: 44/35 mph zone; 69/55 mph zone; 88/70 mph zone).There is a direct correlation between speeding and road rage incidents: it is one of the most common offenses committed by the aggressive driver.Speeding is the Triple Threat:1) Speeding increases the likelihood of crashing.2) Speeding reduces the amount of available time to avoid a crash.?3) Speeding increases the severity of a crash once it occurs.Speeding is a choice over which the driver has complete control.H.Key Jurisdictional Issues – Which State’s Laws Apply?As stated above, a driver of a CMV engaged in interstate commerce may have obtained his license from one state and be involved in a motor vehicle accident in a different state. In such situations, the motor vehicle laws of the state in which the crash occurred will govern. However, the requirements that a driver must be aware of the information in the CDL manual for the state in which he obtained his CDL will govern his operational knowledge of the CMV. The requirements of the FMCSR are uniform from state to state and the drivers (and the carrier’s) knowledge will be dictated by the FMCSR. ................
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