Trucking or Motor Carrier Laws

Companies that transport items between places engage in the business of commercial trucking. The United States is home to numerous commercial transportation firms. These businesses transport goods with the help of tractor-trailers. They also employ drivers and workers in logistics and warehousing. Although everyone can use their services, high-volume shippers receive discounts.

The Department of Transportation (DOT), the Federal Motor Carrier Safety Administration (FMCSA), and the National Highway Safety Administration (NHTSA) all publish transportation regulations. Any of these three organizations may issue new trucking laws every year. States may also enact their own rules governing truckers.

The Federal Fair Labor Standards Act, which regulates many other employment circumstances, does not apply to interstate transportation. Since they are not required to do so, trucking companies frequently require drivers to put in 60 or more hours per week.

Most interstate drivers are also paid by the load or mile rather than the hour. Therefore, truckers are not compensated for waiting time and time spent loading and unloading. A truck driver must work hard and long hours to be lucrative unless a union contract establishes a flat salary each workweek.

Issues Involving Motor Carriers or Truckers

Car accidents are regrettably inevitable due to the demanding nature of interstate trucking. Even worse, the passengers in the passenger car are frequently the true victims of such crimes, further aggravating the situation. Wrongful death and personal injury lawsuits are frequently filed in the motor carriage industry.

The federal government established the Federal Motor Carrier Safety Regulations to safeguard both truck drivers and motorists. In order to operate commercial motor vehicles, professional truck drivers and motor carriers are still required to adhere to the FMCSR as the only safety standard.

There are 17 important trucking rules and regulations in 2022 that all carriers and drivers must be aware of. Twelve of these already exist, while five are upcoming or new. However, even current regulations are frequently changed, so it’s crucial to stay informed on the most recent laws.

The following existing laws may have changed since the last time you checked:

• DOT Certification: The DOT requires that commercial trucks be registered, although more than half of the applications are incomplete. Make sure your registration is accurate right now.
• Authority to Operate as a Motor Carrier: Owner-operators or a carrier’s employees can transact business across state lines legally, thanks to operating authority. Every two years, it needs to be renewed.
• Registration for a Single Carrier: To operate across state lines, carriers or owner-operators must register and pay an annual fee. The base state, usually where your offices are located, will get payment from you.
• Certification for Driving: Many states need yearly certification verification updates. These prerequisites may include a minimum age (often 21), a current commercial driver’s license, evidence of passing a road test, or other restrictions, depending on the state. Find out what documentation is required by contacting your state.
• BOC3 Blanket of Coverage: Using a BOC3, you can designate a processing agent who will manage legal paperwork on your behalf. You can select a processing agent in each state, but it’s typically easier to select an agent that can act as your representative in every state.
• Alcohol and Drug Consortium: Many carriers have decided to sign up for a DOT random drug testing consortium program in order to comply with the DOT’s regulations for drug and alcohol testing. If you manage your own drug and alcohol testing program or are a member of a consortium, you must show proof of compliance to the DOT once every 12 months.
• DOT Examinations: Drivers must have a certified physical before getting behind the wheel and then every two years after that. A physical examination may be necessary annually for people with certain disorders, such as heart disease, while it may be necessary every three months for people with conditions like severely high blood pressure until the condition is under control. Make sure you always maintain your exam certificate in your truck.
• DOT Numbers: In general, if you engage in interstate (between states) commerce and drive a vehicle that weighs more than 10,000 pounds, you need a DOT number. For truckers who only operate within their state, certain states further demand a DOT number.
• Periodic Updating: DOT registration must be updated every two years for motor carriers and several other groups. Your DOT number might be deactivated as well as other consequences if you don’t comply.
• Revisions to the Drug and Alcohol Clearinghouse: In 2020, the federal Drug and Alcohol Clearinghouse went into force, and updates could be made in 2022. Trucking businesses must report employer drug or alcohol offenses, and it must be confirmed that the employee met all conditions for returning to work after the violation. The system’s efficiency and streamlining are the main goals of the proposed improvements, but the fundamentals won’t likely alter.
• Heavy-Duty Standards for Fuel and Greenhouse Gas Efficiency: In 2021, new fuel efficiency regulations were enacted. For pickup trucks with model years 2021, 2024, and 2027, these will gradually go into effect. It’s crucial to confirm that your 2022 truck complies with the most recent regulations for trucks from the model year 2021.
• Updated Rules for Basic Driver Education: The FMCA’s expanded driver training rules will now start in 2022 instead of 2020 as originally planned. A comprehensive training program consists of a total of 31-course subjects and 19 competencies that applicants for a Class A or Class B driver’s license must complete. Teachers must be listed on the FMCSA’s training provider registry (TPR) along with certification.

How Does the Federal Motor Carrier Safety Regulations (FMCSR) Work?

The FMCSR requires drivers to hold a single commercial motor vehicle driver’s license and disqualifies those who operate such vehicles in an unsafe way in order to help decrease or avoid truck and bus accidents, fatalities, and injuries. The FMCSR’s more significant rules cover the following areas:

• Minimum Uniform Commercial Driver’s License Requirements: Unified Minimum Commercial Requirements for obtaining a driver’s license include those related to drug testing, knowledge and skill requirements, federal disqualification, employer obligations, and requirements for knowledge and skills.
• Minimum Insurance Coverage Levels: $1,000,000 per carrier if the carrier transfers hazardous cargo in interstate commerce and $500,000 for each carrier operating in interstate commerce.

Other requirements include the operating hours of the driver (including hours on-duty, off-duty, and in-sleeper berth) and physical requirements for drivers.

For the regulation and safety oversight of commercial motor vehicles (CMVs), which include more than 500,000 commercial trucking firms, more than 4,000 interstate bus firms, and more than four million people who hold commercial driver’s licenses (CDLs), FMCSA is the principal federal government agency.

The goal of FMCSA is to lower the number of large truck and bus-related collisions, injuries, and fatalities.

Do I Need an Attorney Experienced in Trucking (Motor Carriers) / Interstate Commerce?

The majority of cases involving interstate motor carriers involve wrongful death or personal injury.

If either happens, it would be wise to speak with an auto attorney who focuses on motor carrier cases to protect your rights and provide helpful guidance for handling the circumstance.

An employment lawyer should be consulted if you work as a truck driver or other motor carrier and experience workplace conflict or employment discrimination to find out your legal options.

Trucking lawyers can represent you in court and fight to recover damages on your behalf. Use LegalMatch to find the right lawyer for your needs today.