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What are the Federal Motor Carrier Safety Regulations?

June 15th, 2007 by Dawn Mefford

In 1935, Congress enacted the Motor Carrier Act, which created the Bureau of Motor Carriers of the Interstate Commerce Commission.  The Bureau was charged to develop and enforce safety regulations in the trucking industry.  As a result, the Bureau developed what are now known as the Federal Motor Carrier Safety Regulations (FMCSR).

The Federal Motor Carrier Safety Administration (FMCSA) is now responsible for the FMCSR.   The FMCSA was established as a separate administration within the U.S. Department of Transportation on January 1, 2000, pursuant to the Motor Carrier Safety Improvement Act of 1999.   The primary mission of the FMCSA is to “reduce crashes, injuries and fatalities involving large trucks and buses.”  
First enacted in 1991, the FMCSR can be found in Title 49 of the Code of Federal Regulations.  The FMCSR govern the interstate trucking industry and are intended to promote safety in the industry.  The regulations apply to “all employers, employees, and commercial motor vehicles, which transport property or passengers in interstate commerce.”  “Commercial Motor Vehicle” is defined in 49 C.F.R. §390.5: 
Commercial motor vehicle means any self-propelled or towed motor vehicle used on a highway in interstate commerce to transport passengers or property when the vehicle–

(1) Has a gross vehicle weight rating or gross combination weight rating, or gross vehicle weight or gross combination weight, of 4,536 kg (10,001 pounds) or more, whichever is greater; or
(2) Is designed or used to transport more than 8 passengers (including the driver) for compensation; or
(3) Is designed or used to transport more than 15 passengers, including the driver, and is not used to transport passengers for compensation; or
(4) Is used in transporting material found by the Secretary of Transportation to be hazardous under 49 U.S.C. 5103 and transported in a quantity requiring placarding under regulations prescribed by the Secretary under 49 CFR, subtitle B, chapter I, subchapter C.

Section 390.3 requires that all motor carriers, their employees and drivers shall be knowledgeable of, and comply with, the FMCSR.  It further requires that carriers instruct their drivers regarding all applicable FMCSR rules and regulations.  

The obligations imposed under the FMCSR are shared by drivers and carriers.   This shared responsibility is set out in §390.11, which states “[when] a duty is prescribed for a driver or a prohibition is imposed upon the driver, it shall be the duty of the motor carrier to require observance of such duty or prohibition.”  

The FMCSR impose a wide range of obligations addressing the following topics: Procedures for Transportation Workplace Drug and Alcohol Testing Programs (Part 40), Controlled Substances and Alcohol Use and Testing (Part 382), Commercial Driver’s License Standards (Part 383), Minimum Levels of Financial Responsibility for Motor Carriers (Part 387), General safety (Part 390), Qualifications of Drivers (Part 391), Driving of Commercial Vehicles (Part 392), Parts and Accessories Necessary for Safe Operation (Part 393), Hours of Service of Drivers (Part 395), Inspection, Repair and Maintenance (Part 396), Transportation of Hazardous Materials; Driving and Parking Rules (Part 397), and Employee Safety and Health Standards (Part 399).  It is imperative that attorneys handling a trucking accident case read and become familiar with these regulations.   
 

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