Federal And State Safety Laws And Regulations
The trucking industry must follow Massachusetts traffic laws which apply to all motorists to reduce the risk of truck and car accidents. In addition, the trucking industry must comply with federal and state laws and regulations which apply only to trucking.
Massachusetts adopted several parts of the Federal Motor Carrier Safety Administration (FMCSA regulations), including:
- 49 CFR Part 382 – Controlled Substances and Alcohol Use and Testing
- 49 CFR Part 390 – General Applicability and Definitions/General Requirements and Information
- 49 CFR Part 391 – Driver Qualification
- 49 CFR Part 392 – Driving of Commercial Motor Vehicles
- 49 CFR Part 393 – Parts and Accessories Necessary for Safe Operation
- 49 CFR Part 395 – Hours of Service of Drivers
- 49 CFR Part 396 – Inspection, Repair, and Maintenance
- 49 CFR Part 397 – Transportation of Hazardous Materials; Driver/Parking Rules
Exceptions To FMCSA
Massachusetts exceptions to the FMCSA regulations include:
- The 21 year age requirement;
- The ability to read and speak the English language;
- The road test requirements contained in CFR 49 § 391; and
- The requirements for waivers of certain physical defects contained in CFR 49 § 391.
These exceptions apply to drivers of commercial vehicles who only drive within the Commonwealth of Massachusetts.
Who Do The Regulations Apply To
The purpose of the regulations is to cover everyone involved in the operation of commercial vehicles including:
- The owner of the truck;
- The company that maintains and repairs the truck;
- The company that loads the truck;
- The company that hired the driver;
- The company that trained the driver; and
- The dispatcher.
Why Your Truck Accident Lawyer Needs To Know The Law
A violation of a safety law or regulation can be used by your attorney to prove the violator was responsible for the truck wreck.