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Safety
Public Safety Decreased as Congress Succumbs to Trucking Lobby
By Morgan Adams on
As of December 4, 2015, pursuant to the FAST Act of 2015, much of the information previously available on the Federal Motor Carrier Safety Administration’s (FMCSA) website related to a trucking company’s safety performance will no longer be displayed publicly. This will prevent easy access to the public and to others who want to…
MAP-21 Change: Companies MUST Prevent Bad Truck Drivers from Driving
By Morgan Adams on
Posted in Safety
MAP-21 made significant changes in the trucking industry regulatory scheme. One change is that Section 32307 of MAP-21 was amended to prohibit employers from allowing employees to drive when the employer knows or should reasonably know that the the driver is disqualified,or when the employee’s driver’s license was suspended, revoked, or canceled. This final rule, …
Do You Know Your FMCSR Violations?
By Morgan Adams on
Posted in Negligence Per Se FMCSR, Safety
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…
At Least One in Five Trucks UNSAFE According to Recent RoadCheck Inspections
By Morgan Adams on
The June 2012 Roadcheck results are out and they showed that more than 1 in every 5 trucks inspected were placed out of service (OOS). That means the trucks were taken off the road as unsafe, even though this was a pre-announced inspection.
The trucking industry knew about Roadcheck for months, as did I, and…
Does CSA Make the Roads Safer? Evidence Says Yes According to FMCSA
By Morgan Adams on
Posted in Safety
On July 11, 2012, Federal Motor Carrier Safety Administration (FMCSA) Deputy Administrator Bill Bronrott testified about the Compliance, Safety, Accountability (CSA) program before the U.S. House of Representative’s Committee on Small Business. Deputy Bronrott’s written testimony discusses CSA’s safety benefits and its impact on small businesses, and is posted on FMCSA’s Website. Some of…
Thinking of Drinking and Driving? Can You Pay 9.25 Million?
By Morgan Adams on
Posted in Safety
Recently a conservative Hamilton County Jury returned a record 9.25 Million dollar verdict against a drunk driver who injured one of my clients. This 4th of July think before you drink! If the police don’t scare you we should. I would rather everyone get home safely than have more clients who have been injured by DUI…
How to Report an Unsafe Trucking Company to the Department of Transportation
By Morgan Adams on
Posted in Safety
Truck drivers often ask me how to report motor carriers that require them to drive over hours, with unsafe equipment, and in violation of one or more of the Federal Motor Carrier Safety Regulations. I had just such a call yesterday, regarding a Florida company, from a driver.
The FMCSA understands how tricky this is…
Truck Industry Upset FMCSA Isn’t More Responsive – Are They Looking for A Rubber Stamp?
By Morgan Adams on
Posted in Safety
The American Transportation Association (ATA) was recently quoted as telling the FMCSA that it needed to be "more responsive" to the trucking industry. Isn’t enough that there is a revolving door between the FMCSA and the Trucking industry? Trucking officials haul off to DC for a few years, ensure legislation is passed favorable to the industry…
Truck Driver Fired for Having Beer in His Truck
By Morgan Adams on
Posted in Safety
Recently I was asked whether a truck driver could have unopened beer and alcohol in his truck. I took a look at the safety regulations and determined the driver could not. The regulation states:
§ 392.5 Alcohol prohibition. (a) No driver shall— (3) Be on duty or operate a commercial motor vehicle while the driver possesses …