Importance of Federal Motor Carrier Safety Regulations in Commercial Trucking Cases
Competent handling of trucking cases requires familiarity with both the Federal Motor Carrier Safety Regulations and how to effectively use them at trial.
The Regulations apply to all employers, employees and commercial motor vehicles for hire weighing 10,000 pounds or more which transport property or passengers in interstate commerce.
There are exemptions for school and municipal buses, taxis, hotel and airport vans, farm vehicles, newspaper distribution vehicles, vehicles carrying less than 15 people to work, vehicles in national parks, and transport of decorative rock, wood chips and crushed glass, etc.
Some courts in other jurisdictions have found violations of FMCSRs to constitute negligence per se, though the rulings are inconsistent.