Commercial motor vehicles are regulated by the Federal Motor Carrier Safety Regulations for all interstate commerce.  For commerce within the Georgia's borders, they are further regulated by Georgia statutes.  Some of the most important areas of regulations for a collision case include the following:

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LICENSING REGULATIONS

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To simply apply for a basic Commercial Driver's License (CDL) is a complex process with stringent requirements:

 

• 18 y/o or older;

• Valid Class C Georgia driver's license;

• Complete and application;

• Pass a vision examination;

• Possess an Instructional Permit for atleast 14 days;

• Pass written knowledge exams;

• Pass the Road Skills Test

• Certify the driving category;

• Provide a Medical Certification.

 

Once a basic CDL is obtained, there are even more requirements in order to drive different commercial motor vehicles.  In Georgia, these are divided in to three differing classes:

 

1. Class A:  Truck and trailer with a combined weight exceeding 26,000 lbs. (but with a trailer weight exceeding 10,000 lbs.)

2. Class B:  Single vehicle whose weight alone exceeds 26,000 lbs. (and trailer weighs less than 10,000 lbs.)

3. Class C:  Vechile is designed to transport 16 or more passengers.

 

These are just the tip of the iceberg.  Different requirements and endorsements are required for transporting hazardous material, school buses and children, etc.

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HIRING REGULATIONS

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Before a motor carrier can hire a licensed commercial motor vehicle driver, they must vet the driver to make sure they are qualified to safely operate commercial vehicles on public roadways.  These include:

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• Requiring an application for employment;

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• Inquire in to driving record with prior employers for the previous 3 years;

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• Annually review their driving record;

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• Annually review their driving qualifications and certifications;

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• Obtain a copy of the driver's road test and certificate;

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• Maintain a copy of the driver's medical examiner's certificate.

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HOURS OF SERVICE REGULATIONS

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Hours of service is the maximum amount of time a commercial driver is allowed to "on duty." 

 

This includes driving time.  The purpose of these regulations is to ensure that drivers are awake and alert.  These regulations were updated on June 1, 2020.

 

Property-Carrying Drivers:

 

• 11 Hour Driving Limit:  May drive a maximum of 11 hours after 10 consecutive hours off duty.

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• 14-Hour Limit:  May not drive beyond the 14th consecutive hour after coming on duty, following 10 consecutive hours off duty. Off-duty time does not extend the 14-hour period.

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• 30-Minute Driving Break:  Drivers must take a 30-minute break when they have driven for a period of 8 cumulative hours without at least a 30-minute interruption. The break may be satisfied by any non-driving period of 30 consecutive minutes (i.e., on-duty not driving, off-duty, sleeper berth, or any combination of these taken consecutively).

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• 60/70 Hour Limit:  May not drive after 60/70 hours on duty in 7/8 consecutive days. A driver may restart a 7/8 consecutive day period after taking 34 or more consecutive hours off duty.

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• Sleeper Berth Provision:  Drivers may split their required 10-hour off-duty period, as long as one off-duty period (whether in or out of the sleeper berth) is at least 2 hours long and the other involves at least 7 consecutive hours spent in the sleeper berth. All sleeper berth pairings MUST add up to at least 10 hours. When used together, neither time period counts against the maximum 14- hour driving window.

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• Adverse Driving Conditions:  Drivers are allowed to extend the 11-hour maximum driving limit and 14-hour driving window by up to 2 hours when adverse driving conditions are encountered

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There are separate hours-of-service requirements for passenger-carrying drivers.

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MAINTENANCE, REPAIR, AND INSPECTION REGULATIONS

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There are extensive regulations to make sure that commercial motor vehicles are not only safely maintained and repaired, but periodically inspected.

 

The regulations impose some general guidelines that set the framework.  The regulations explicitly require that all parts and accessories to a commercial motor vehicle (CMV's) and trailer be in a safe an proper condition.  Drivers are further prohibited from driving CMV's if the vehicles are in a condition to likely cause an accident or a breakdown of the vehicle.

 

In addition to these, the regulations impose specific requirements;

 

• all emergency components must be inspected ever 90 days, including pushout windows, emergency doors, and emergency door markings.

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• pre-trip and post-trip inspections by the driver must be conducted with each trip;

 

• annual inspections must be performed by a qualified inspector and in accodance with the Minimum Periodic Inspection Standards of as identified by the FMCSR.

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WEIGHT LIMIT AND LOADING REGULATIONS

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The weight limits and loading procedures are designed to make sure that heavy loads are evenly and safely balanced.

 

In Georgia, the maximum gross weight on a 5 axle big rig is 80,000 lbs.  The weight limit decreases as the number of axles decrease.  There are further requirements for the amount of weight that can be placed on each axle.

 

Federal Regulations also impose cargo securement regulations to prevent shifting on or within, or falling from commercial motor vehicles.  These regulations aim to reduce the number of commercial motor vehicle accidents caused by cargo shift and coming loose.  For, instance and as a general matter, there must be:

 

• one tiedown for cargo that is 5ft or less in length and 1,100 lbs or less in weight;

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• two tiedowns for cargo that is 5ft or less in length but more than 1,100 lbs in weight;

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• two tiedowns for cargo that is 5-10ft in length, regardless of weight.

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These regulations change for different types of cargo, such as logs, metal coils, paper rolls, concrete pipe, intermodal containers, automobiles, heavy equipment, etc.

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INSURANCE REQUIREMENTS

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Recognizing that commercial motor vehicles impose special dangers on the roadway, all states require varying levels of insurance requirements to protect innocent victims. 

 

The insurance requirements change based on the type of goods being transported.  In Georgia, these requirements are:

 

• $750,000 (general freight)

• $1,000,000 (oil transport)

• $5,000,000 (hazardous material)

• $300,000 (household goods)

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RECORD RETENTION REGULATIONS

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There are various record retention timelines for different items. 

 

These record retention regulations are designed to make sure that the motor carriers can undergo an appropriate safety audit if an issue arises.  Some record retention regulations may include:

 

• Education/Training Materials for Drugs and Alcohol;  2 years

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• Certain Drug and Alcohol Test Records:  5 years

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• Convictions for Driving Violations:  3 years

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• Accident Registers with Accident Reports:  3 years

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• Driver Qualification File:  3 years 

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• Hours of Service Records, Generally:  6 months

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• Vehicle Records, if Vehicle is Owned:  1 year

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• Driver Vehicle Inspection Report:  3 months