Let’s talk this morning a little bit about the importance of the Federal Motor Carrier Safety regulations. First of all, every motor carrier that is the fed on the interstate motor carriers are required to be knowledgeable and familiar with all of the regulations. Each motor carrier, as well as, each truck driver has to be familiar with and must be instructed that is receive instruction regarding all of the federal regulations. All of the equipment of a truck in the accessory- accessories, I should say, of the truck has to be complied with per the federal regulations.
There are specific rules and regulations which prevent or are supposed to prohibit anybody from trying to avoid, or escape, or get around the federal regulations. If a trucking company has sought to assist its truck driver or third party with avoiding any of the federal regulations, this in itself can lead to financial responsibility of a trucking company. Now, if the trucking company is actually operating only within a state’s boundaries, that is it’s an intrastate trucking company, it cannot be held liable for any of the federal regulations. Nonetheless, it can still be held liable on general negligence theories.
The Federal Motor Carrier Safety regulations apply to all commercial vehicles. Simply put a commercial vehicle is defined as a vehicle with all of its weight of 10,001 pounds or more. If the truck weighs 10,001 pounds or more, then it must be in compliance with all the federal regulations. There are several types of trucks that you might not ordinarily think would have to comply with the federal regulations. Examples of those could include straight trucks, they could include HVAC trucks, they could include trucks with a long bed, they could include just any almost any type of truck so long as the truck itself with all of its equipment, natural equipment attached thereto is 10,001 pounds or more.
Other examples could include plumbing trucks, utility trucks, many times the owners of these trucks do not even know that they are supposed to be in compliance with the federal regulations. If you have any questions whatsoever about whether the federal regulations applied to the truck involved in your accident, please call my office at 770-792-1000