Articles Posted in Trucking Rules

Court Orders Stronger Training Standards for Commercial Truck Drivers
Johnson & Ward Team

Washington, 12/2/05. The Federal Motor Carrier Safety Administration’s regulations governing minimum standards for entry-level truck driver training are inadequate based on the record developed during the rulemaking process, a federal appeals court ruled today. The minimum requirements adopted last May by the Federal Motor Carrier Safety Administration involve only classroom education and in only four…

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Fmcsa Putting More Emphasis on Truck Driver Qualifications
Johnson & Ward Team

The Administrator of the Federal Motor Carrier Safety Administration (FMCSA), outlined a new effort on the part of the agency to concentrate more on truck driver-related issues. As part of this shift of emphasis, FMCSA plans to start work on the following in 2006: Development of a Commercial Driver’s License (CDL) learner’s permit with a…

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Penn State Study Shows Increased Risk for Truck Wrecks in 11th Hour of Driving Under New Hours of Service Rule
Johnson & Ward Team

The US Federal Motor Carrier Safety Administration last month reaffirmed a change made in January 2004, allowing drivers to work 11 hours a day, up from the 10-hour limit that had applied for 60 years. Researchers at Pennsylvania State University analysed data from three national trucking companies for 12 months after the change and found…

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Purpose of Trucking Safety Rules
Johnson & Ward Team

Trucking is essential to the national economy. Virtually every product sold is transported by truck. But with its economic importance comes accountability, as trucking is also a major highway safety hazard. Truck drivers, overworked and underpaid, are the heroes of country music ballads. Popular culture holds them up as rough-hewn “knights of the road,” and…

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Need to Prove Applicability of Trucking Rules in Litigation
Johnson & Ward Team

The Federal Motor Carrier Safety Regulations apply to commercial motor vehicles, which are defined as any self-propelled or towed motor vehicle used on a highway in interstate commerce to transport passengers or property when the vehicle: (1) has a gross vehicle weight of 10,001 pounds or more, whichever is greater; or (2) is designed or…

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American Insurance Association Criticizes Hours of Service Rule
Johnson & Ward Team

It’s one thing for a plaintiff’s lawyer to say the new hours of service rule for commercial truck drivers is a threat to highway safety. But now the American Insurance Association (AIA) is saying the same thing. The AIA has expressed extreme disappointment that the Federal Motor Carrier Safety Administration has approved rules that would…

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Punitive Damages for Violation of Federal Motor Carrier Safety Regulations
Johnson & Ward Team

Courts often have been reluctant to allow claims for punitive damages for what some judges have perceived as mere technical violations of hours of service, log book requirements, and other Federal Motor Carrier Safety Regulations. See, e.g., Pittman v. Clay, 2001 WL 1352914 (E.D.Pa.,2001). However, a recent case illustrates how to lay the foundation for…

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