Federal Trucking Laws

The Federal Motor Carrier Safety Administration (FMCSA) regulates all commercial motor vehicles engaged in interstate driving in order to ensure the safety of commercial trucks and prevent serious injuries or death. The following are summaries of the most common codes of federal regulations for drivers operating a commercial motor vehicle (defined as a vehicle that carries 15 or more passengers, weighs over 10,000 pounds, or transports enough hazardous materials to require a placard) on US interstate highways.

49 CFR (Code of Federal Regulations) 382: Controlled Substances and Alcohol Use and Testing

This code is intended to prevent accidents and injuries due to impairment from the use of drugs or alcohol by drivers of commercial trucks (tractor trailers). Alcohol or drugs may not be used during or prior to performing safety-sensitive functions. Drivers are subject to drug and alcohol testing prior to employment and if impairment is suspected. If a commercial truck driver refuses to comply with drug or alcohol testing required by DOT, he will not be allowed to operate the commercial motor vehicle.

49 CFR 383: Commercial Driver’s License Standards, Requirements and Penalties

This code is intended to reduce or prevent accidents resulting in injuries or death by requiring commercial truck drivers to obtain a Commercial Driver’s License in order to operate certain commercial vehicles. Drivers who do not comply with these regulations or who operate a vehicle in an unsafe manner will not be allowed to operate a commercial vehicle under federal law.

49 CFR 391: Qualifications of Drivers

This code is intended to establish minimum standards for drivers of commercial trucks (tractor-trailers or 18-wheelers). Drivers must meet the following qualifications in order to operate a commercial vehicle: must be 21 years of age, speak English, be physically able to drive a truck, have a valid CDL and no record of driving while intoxicated, driving under the influence of drugs, committing a felony, leaving the scene of an accident, or refusing to take a blood alcohol test.

49 CFR 392: Operation of Commercial Vehicle

This code is intended to establish the rules and regulations regarding the safe operation of a commercial truck, including prohibition of drugs and alcohol, equipment inspection and use, safe loading, operation of the commercial motor vehicle, and other safety procedures.

49 CFR 395: Hours of Service of Drivers

The regulation of hours of service for drivers of commercial motor vehicles is intended to provide safety to all drivers and persons on the road. This code outlines the activities that are counted as “on duty” and limitations on the hours spent on duty as well as records of duty status.

40 CFR 396: Inspection, Repair, and Maintenance

This code is intended to ensure the safety of a commercial motor vehicle before beginning a trip. All drivers are required to inspect their vehicles and report and defects at the beginning and end of each day. If the driver suspects that the vehicle is not in safe running condition, he must not operate it.