Introduction
The Federal Motor Carrier Safety Administration (FMCSA) is a part of the Department of Transportation (DoT) that is responsible for the safety of commercial motor vehicles. The FMSCA was established in 2000 as a result of the Motor Carrier Safety Improvement Act of 1999. The FMCSA develops and enforces rules and regulations that relate to drivers, vehicles, and the carrier. As well as the enforcement of regulations, the FMCSA encourages the education of drivers and carriers. A commercial motor vehicle (CMV) is usually defined as a vehicle that is used in an interstate commerce business and one of the following:-
- Weight of in excess of 10,001 pounds
- Designed for transportation of 16 passengers, including the driver, which is not for compensation
- Designed for transportation of 9 passengers, including the driver, which is for compensation
- Involved in transporting hazardous materials, within state or interstate, in a quantity requiring placards
Driver Regulations
The commercial vehicle driver is regulated to drive only a certain number of hours per day. The regulation was developed based on scientific research, such as fatigue studies, to ensure that the driver has the optimum rest for safe operation of the vehicle. The hours of service rules differ for those CMV drivers who carry passengers and those that carry property.
The hours of service regulations for non-passenger carrying CMV drivers include a driving limit, on duty limit, and a sleeper berth provision.
- 11 Hour Driving Limit – A driver can only drive for a maximum of eleven hours per day only after they experienced ten hours on consecutive off duty time.
- 14 Hour On Duty Limit – A driver may not drive after having been on duty for 14 hours, following ten consecutive hours off duty.
- 60/70 Hour On Duty Limit – A driver may not drive after 60 hours of being on duty in seven consecutive days, or may not drive after 70 hours on duty in eight consecutive days. A driver may restart a seven or eight day consecutive period after taking 34 or more consecutive hours off duty
- Sleeper Berth Provision – A driver using the sleeper berth provision must take at least eight consecutive hours in the sleeper berth, plus a separate 2 consecutive hours either in the sleeper berth, off duty, or any combination of the two.
These hours of service regulations are under review based on the December 2010 HOS Notice of Proposed Rulemaking and some of the proposed changes include reducing the 14 hour on duty limit to 13 hours and changing the definition of on duty time so that it does not include any time resting in a parked CMV.
Vehicle Regulations
There are a number of regulations enforced by the FMCSA that refer directly to the vehicle. Every carrier should have each driver prepare a report at the end of each work day on each vehicle they operated. The report should cover the service brakes, trailer brake connections, parking brake, steering, lights, tires, horn, wipers, mirrors, wheels, coupling devices, and emergency equipment.
The drivers report should list any defects that they have found that affects the safety or mechanical operation of the vehicle, if any is found. The driver should complete a report for each vehicle they have driver during the work day. Based on the report the carrier has to make repairs to the vehicle and certify the repair on the driver’s original inspection report. This regulation does not apply to single vehicle companies, such as a driver owned vehicle.
Carrier Regulations
The FMCSA has a number of regulations that relate to the company that employs the drivers and owns or leases the vehicles. For example, a company is responsible for testing its drivers for drugs and alcohol and there are numerous regulations concerning the collection of samples, the use of laboratories and the submission of results. The company is also subject to regulations that refer to the minimum retention periods for records, such as financial records, personnel and payroll records, shipping documents, and insurance records. The company is also regulated when it comes to the transportation of hazardous materials.
Summary
Since the inception of the FMCSA in 2000, the agency has been tasked to improve the safety of commercial motor vehicles in the US. This has led to a reduction in the total number of vehicle crashes, injuries, and fatalities. The FMCSA uses vehicle, driver and carrier regulations to improve safety and along with other federal, state and local agencies, it has continued to reduce the number of fatalities and injuries involving CMV’s and passenger vehicles.
