Trucking Regulations - Part IV - Driving of Commercial Motor Vehicles

Jon Lewis
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Posted by Jon LewisJune 16, 2008 9:49 PM

Section 392 of the Code of Federal Regulations governs the driving of commercial motor vehicles. It has many sections on various topics. Some of those sections include: ill or fatigued operator; schedules to conform with speed limits; equipment inspection and use; safe loading; hazardous conditions, extreme caution; and radar detectors. Below are the rules regarding these topics:

Ill or Fatigued Operator - if the driver of a tractor trailer is not alert or if his ability to operate the truck is impaired because he's tired or ill, the driver should not drive the truck, and his company should not allow him to drive the truck.

Schedules should Conform to Speed Limits - When scheduling trips, the time for completing the trip should not require the driver to exceed the speed limit in any State or City.

Equipment Inspection and Use - the driver of a truck must be satisfied that the following parts are in order: brakes, steering, lights (brake lights, headlights, and turn signals), tires, horn, windshield wipers, mirrors, and coupling devices.

Safe Loading - the cargo must be properly distributed and secured, and it is the driver's responsibility to make sure that it is so. That means that the tailgate, tailboard, doors, tarpaulins, spare tire and other equipment must be secure, and nothing can obscure the driver's vision. The driver must inspect this equipment within the first fifty miles of beginning a trip and make sure the cargo does not shift. The driver must reexamine the equipment periodically AND such reexamination MUST be made when the driver has a change in duty status, OR after the truck has been driven for 3 hours, OR after the truck has been driven 150 miles, whichever occurs first.

Hazardous Conditions, Extreme Caution - A driver must use extreme caution in the following conditions: snow, ice, sleet, fog, mist, rain, dust, or smoke. The driver should reduce speed, and when necessary, pull over and stop until the conditions pass or improve.

Radar Detectors - No driver shall use a radar detector in his truck nor shall his company allow the use of a radar detector.

These are just a few of the regulations under Section 392, and this is not an exhaustive list. But, these few regulations show how extensive the rules are with respect to tractor trailer driving in order to keep the public safe.

1 Comment

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mark yeskie
Posted by mark yeskie
June 16, 2008 11:45 PM

talking about safe truck drivers? its not happening. over the last several years the urgency to employ superseeded the need to keep specific semi-skilled laber trades skiied. todays trucking workforce is comprised of hundreds of thousands of ordinary citizens turned professional driver, not driving professional. current hours of service regulations enticed more newcomers into the trucking field. but, without a continual advanced driving training program too many current commercial drivers will never progress intellectually in terms of driving proficiency. this spells hugr troubles ahead. also, the gov't has issued hundreds of thousands of operating authority with no specifics on public safety, or added regard to the liabilities of safe equipment. as attirneys your obligations to protect defendants from the nemisis of lawbreakers to be financially robust in coming years as our society removes the skill from skilled labor trades and replaces these work functions with people that can do the jobs.... just not skillfull or mindfull of liability.

Dear Mr. Yeskie,

Thank you for your comments. Your remarks are well taken. There are many drivers out there who do not have the proper skills to operate a car much less a tractor trailer. This is why we as attorneys do our best to hold the companies who employ such drivers accountable.

Jon E. Lewis

Comments for this article are closed.

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