- Title 49 Transportation - Subtitle B. Other Regulations Relating to Transportation - Chapter III - Federal Motor Carrier Safety Administration - Department of Transportation - Subchapter B. Federal Motor Carrier Safety Regulations - Part 383 - Sections 383.1 through 383.155. Part 383 establishes the requirements for applying, receiving and maintaining a Commercial Drivers' License and endorsements.
- Title 49 Transportation - Subtitle B. Other Regulations Relating to Transportation - Chapter III - Federal Motor Carrier Safety Administration - Department of Transportation - Subchapter B. Federal Motor Carrier Safety Regulations - Part 384 - Sections 384.101 through 384.407. Part 384 establishes the requirements of the individual states to comply with the Commercial Motor Vehicle Safety Act of 1986 found in 49 U.S.C. Section 313111 (a) together with the consequences of non-compliance.
- Title 49 Transportation - Subtitle B. Other Regulations Relating to Transportation - Chapter III - Federal Motor Carrier Safety Administration - Department of Transportation - Subchapter B. Federal Motor Carrier Safety Regulations - Part 385 - Sections 385.1 through 385.717. Part 385, among other things, establishes the FMCSA's procedures to determine the safety fitness of motor carriers, to assign safety ratings, to direct motor carriers to take remedial action when required, and to prohibit motor carriers receiving a safety rating of "unsatisfactory" from operating a CMV.
- Title 49 Transportation - Subtitle B. Other Regulations Relating to Transportation - Chapter III - Federal Motor Carrier Safety Administration - Department of Transportation - Subchapter B. Federal Motor Carrier Safety Regulations - Part 386 - Sections 386.1 through 386.84. Part 386 sets forth the rules governing proceedings of civil and criminal penalties for violations of the Federal Motor Carrier Safety Administration (FMCSA).
- Title 49 Transportation - Subtitle B. Other Regulations Relating to Transportation - Chapter III - Federal Motor Carrier Safety Administration - Department of Transportation - Subchapter B. Federal Motor Carrier Safety Regulations - Part 387 - Sections 387.1 through 387.419. Part 387 establishes Minimum Financial Responsibility Limits for certain types of carriers. It establishes the financial requirements of the insurer, the surety and any self-insurance programs.
- Title 49 Transportation - Subtitle B. Other Regulations Relating to Transportation - Chapter III - Federal Motor Carrier Safety Administration - Department of Transportation - Subchapter B. Federal Motor Carrier Safety Regulations - Part 388 - Sections 388.1 through 388.8. Part 388 establishes the framework for states to accept the Federal Motor Carrier Safety Administration rules and guidelines and further sets forth the framework for cooperation between the state enforcement entity and the Federal Administration Division.
- Title 49 Transportation - Subtitle B. Other Regulations Relating to Transportation - Chapter III - Federal Motor Carrier Safety Administration - Department of Transportation - Subchapter B. Federal Motor Carrier Safety Regulations - Part 389 - Sections 389.1 through 389.38. Part 389 sets forth the method and manner the Federal Motor Carrier Safety Administration shall conduct its rule making seeking advice from all sectors and the method of providing notice of its rulemaking.
- Title 49 Transportation - Subtitle B. Other Regulations Relating to Transportation - Chapter III - Federal Motor Carrier Safety Administration - Department of Transportation - Subchapter B. Federal Motor Carrier Safety Regulations - Part 390 - Sections 390.1 through 390.16. The importance of Part 390 cannot be understated as it creates the duty of the carrier to be responsible for the actions of its drivers. It is recommended that any truck accident practitioner be well versed in each of its Sections.
- Title 49 Transportation - Subtitle B. Other Regulations Relating to Transportation - Chapter III - Federal Motor Carrier Safety Administration - Department of Transportation - Subchapter B. Federal Motor Carrier Safety Regulations - Part 391 - Sections 391.2 through 391.68. Part 391 governs Driver qualifications including medical certificates, driving offense record, written tests, road tests, etc. [Sections 391.2 - 391.43]
- Title 49 Transportation - Subtitle B. Other Regulations Relating to Transportation - Chapter III - Federal Motor Carrier Safety Administration - Department of Transportation - Subchapter B. Federal Motor Carrier Safety Regulations - Part 392 - Sections 392.1 through 392.71. Part 392 governs: (1) Driver's operating requirements from sickness, fatigue, drugs and substance abuse or use, alcohol use and pre-trip inspection [Sections 392.2 - 392.15]; (2) Rail crossings and driving in adverse conditions and emergent driving conditions [Sections 392.10 - 392.14]; and (3) Emergency signals and warning devices [Sections 392.22]
- Title 49 Transportation - Subtitle B. Other Regulations Relating to Transportation - Chapter III - Federal Motor Carrier Safety Administration - Department of Transportation - Subchapter B. Federal Motor Carrier Safety Regulations - Part 393 - Sections 393.1 through 393.205. Part 393 governs: (1) All types of equipment such as brakes, lamps, lighting, reflection devices, trailer reflection, reflection for large tractor/trailer towing and wiring systems [Sections 393.1 - 393. 30]; (2) Brake types, Brake requirements and Anti-Locking Brake Systems [ Sections 393.31 - 393.55]; (3) Fuel systems, Window Types, Ventilation, Exits and tire [Sections 393.56 - 393.75]; and (4) Load fasteners, fastening, load distribution, steering, suspension and wheels [Sections 393.76 - 393.209]
- Title 49 Transportation - Subtitle B. Other Regulations Relating to Transportation - Chapter III - Federal Motor Carrier Safety Administration - Department of Transportation - Subchapter B. Federal Motor Carrier Safety Regulations - Part 395 - Sections 395.0 through 395.15. Part 395 governs: (1) Time that drivers can operate commercial vehicles for passenger vehicles and/or property carrying vehicles [Sections 395.0-395.5]; (2) Electronic "Log Book" requirements [Section 395.8]; (3) Driver "Out of Service" regulations for the driver and carrier; (4) Automatic On-Board Recording Devices [Section 395.15]
For a complete analysis of each state and the pertinent federal laws and how they apply to certain theories of liability, please visit the following pages:
- Brake Failure
- Fatigue
- Improper Loading of Cargo
- Driver Recklessness
- Dangerous Roadways
- independent Company Liability
Gordon, Elias & Seely, L.L.P. are truck accident lawyers that handle each of the above types of claims and have a full working knowledge of the FMCSR which is essential to handling 18 wheeler litigation.
