Do You Know Your FMCSR Violations?

One of the the requirements of every trucking company before they put a truck on the road, and every truck driver before they get behind the wheel of a tractor trailer, is that they both must agree to follow the Federal Motor Carrier Safety Regulations. These are the regulations that keep us, the public, safe on the roadway while 80,000 pound tractor trailers are driven around us. Trucking companies, truck drivers, and truck accident lawyers must know all the regulations to determine if a violation of a safety regulation contributed to a wreck. The FMCSA lists all of the potential violations of the FMCSR in a chart it uses under the  Behavior Analysis and Safety Improvement Category (BASICs) program.

The FMCSA came out with revisions to the BASIC violations today, which means it also updated the FMCSR violation chart. Each violation of the FMCSR results in points being assigned through BASIC against the truck driver and trucking company. The points are then used to determine a trucking company's safety rating.

Lawyers can look at the list of BASIC (FMCSR) violations to make sure they are not missing potential negligence per se claims. Trucking companies and truck drivers can review the list to make sure they are running legal. The master list of FMCSR violations can be found HERE

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Comments (4) Read through and enter the discussion with the form at the end
iron entry doors - December 12, 2012 5:15 PM

Wow thank you for this great post. It helps shed light on the regulations, and potential violations companies and truck drivers need to know. I am thinking of becoming a driver and have been looking through the updated violations. Thank you for some great resources.

donyea - December 28, 2012 3:29 PM

I was in a accident on 10/18/12 and I was fired. but my question is if the company fails to drug test me is that a viaolation of the fmcr? And is an accident consist of rubing agaist a pole

REPLY - Not every wreck requires a drug test. Post-accident testing requirements are set forth in FMCSR 382.303. That section even has an easy to use yes/no table to help make the determnation of whether the test is required.

A preventable accident is when you failed to use everything in your control to avoid the crash. If you hit a stationary object, the wreck is generally considered preventable.

Sky - Chicago Auto Accident Lawyer - May 27, 2013 5:22 PM

I guess, its case to case basis? I agree that on post-accident testing requirement there is an option whether to help make the determination test is required or not.
There is no such thing as preventable accident I guess, because it's an accident you don't know when it will happen or not.

Lisa researching injury and lawyers - May 30, 2013 8:09 AM

It's amazing how much tracking goes on on a daily basis. Not only trucks, but I'm talking many other departments and divisions across the united states. It's truly fascinating. Thanks for sharing.

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