LAW BLOG •
Motorists have a duty to exercise reasonable care and follow all traffic laws in an effort to protect other drivers on the road. Commercial motor vehicle operators have a higher duty of care and must follow extra rules on Texas roadways. Who establishes these rules, and what extra laws do truck drivers in Texas have to follow?
Commercial truck drivers must follow certain regulations set forth by federal laws. The Federal Motor Carrier Safety Administration governs all commercial motor vehicle operators in the state of Texas and beyond. This organization, which falls under the authority of the U.S. Department of Transportation, establishes rules and regulations for all commercial motor vehicles to follow. Rules may vary slightly depending on the nature of a trucker’s job – for example, intrastate truckers may have different rules than truck drivers who travel from state to state.
The FMCSA has a wide variety of regulations designed to assure public safety and protect others on the road from accidents. Some of the most important regulations for truck drivers include:
Commercial motor vehicle operators must obey duty hours, or hours of service in line with FMCSA regulations. For example, they must take regular breaks and have a certain amount of time between shifts in order to combat fatigue, one of the leading causes of truck accidents.
A commercial truck driver hauling any property may only drive for 11 hours each day, after at least 10 hours off duty. If a truck carries passengers, the driver may only drive for 10 hours a shift after at least 8 hours off duty. Lastly, drivers are only allowed to log 60 hours in 7 days or 70 hours in 8 days. All truck drivers must have at least 34 hours off before beginning another 7 to 8 day stretch.
These hours of service help truck drivers remain sharp and mentally focused on the task of driving. Since their vehicles pose such a high risk of injury, the FMCSA closely monitors hours of service and requires all drivers to log activity in an electronic log book, which is subject to random audits.
No motorist may operate a vehicle under the influence of drugs or alcohol, but the average driver does not get random drug testing. Under the Omnibus Transportation Employee Testing Act of 1991, however, all transportation employees must submit to drug and alcohol testing in an effort to reduce the number of alcohol-related truck crashes. If driver refuses testing, he or she will face an immediate removal from any transportation-related activities, as required by federal law.
In September of 2017, Texas became one of the last states in the nation to pass a statewide texting ban. However, the FMSCA banned all mobile phone use for all commercial drivers long before the law went into effect. Anyone who holds a CDL may not text, email, use a navigation system, or use a handheld device of any kind, for any purpose while driving.
The FMCSA recognizes that lack of proper maintenance can lead to dangerous truck accidents. As a result, all commercial vehicles that operate on public roads must adhere to a regular maintenance schedule. Federal law requires that all trucks and their components maintain good operating condition at all times. Truck owners and operators must complete checks of certain systems at least once every 90 days, and motor carriers must log all maintenance activity in books, which they must present upon request of a law enforcement officer.
Truck drivers in Texas must follow stricter rules in order to assure public safety. These rules exist to reduce risk of injury and prevent truck accidents whenever possible.
The post What Extra Laws Apply to Truck Drivers in Texas? appeared first on GES Injury Attorneys.
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