Understand Safety Regulations and Trucking Laws
For the victims of truck and commercial vehicle accidents, understanding relevant trucking laws in North Carolina is an important step toward establishing truck driver negligence and securing full compensation. When drivers or their trucking companies break those laws, they should be held fully liable for the injuries and damages suffered by the victims of their neglect.
At Nagle & Associates, P.A., our personal injury attorneys are fully informed of and familiar with all of the state and federal laws and regulations that govern interstate and intrastate travel for trucks and commercial vehicles. We use this detailed knowledge to enforce our clients' legal rights following an accident. We can ensure that victims are not taken advantage of by companies that do not respect the law.
North Carolina Trucking Laws
In North Carolina, semi trucks, tractor trailers and other commercial vehicles that are engaged in interstate traffic are subject to Federal Motor Carrier Safety Regulations. These regulations include:
- Driver Qualifications:
Federal safety regulations require commercial motor vehicle drivers to be at least 21 years of age; read and speak English sufficiently to converse with the general public, to understand highway traffic signs and signals, and to make entries in logs and records; be physically qualified and trained to safely operate a vehicle; have a valid commercial vehicle operator's license; and have successfully completed a driver's road test. In North Carolina, non-hazardous, intrastate drivers may be as young as 18. - Records Management:
Under state and federal law, the driver is required to maintain ongoing logs which document all activities throughout the trip. Every moment of the day must be accounted for. Further, all gas receipts and other trip related receipts are kept to support the accuracy of the logs. Often, these logs are tampered with so drivers can willfully violate the hours of service violations. Thus, they should be reviewed carefully. The trucking company must also maintain a complete “Driver Qualification File” which can contain helpful evidence. Maintenance records, safety violation records, trip inspection reports, and other documentation must be maintained pursuant to federal law. - Hours of Service:
Federal regulations state that a commercial vehicle driver may drive a maximum of 11 hours after 10 consecutive hours off duty, and may not drive after 60/70 hours on duty in 7/8 consecutive days. Drivers using a sleeper in their trucks must sleep at least 8 consecutive hours, plus take 2 consecutive hours in the sleeper, off duty, or a combination of the two. In North Carolina, intrastate regulations are largely the same, but increase the maximum hours to 12 and hours on duty to 70/80. - Unlawful Impairment:
Federal regulations deem a commercial vehicle driver unlawfully impaired when their blood alcohol reaches .04%. - Drug and Alcohol Testing:
A truck or commercial vehicle driver who has been involved in an accident is required to submit to an alcohol test if intoxication is suspected and could have contributed to the accident or if a fatality occurred as a result of the accident. Drivers must also comply with random alcohol and drug tests on a regular basis. Drivers and employers may also be subjected to penalties if they do not comply with these rules or keep detailed records of alcohol misuse and prevention. - Mandatory Cessation of Travel:
Under federal regulatory law, a truck driver must pull off the road and immediately discontinue travel if, for any reason, safe travel is uncertain. Common examples include fog, severe weather or sudden onset of serious fatigue.
Comprehensive information about federal safety regulations may be found through the Federal Motor Carrier Safety Administration.
If you or someone that you love has been involved in a serious truck or commercial vehicle accident in North Carolina, protect your rights by contacting Nagle & Associates, P.A., immediately. Speak with a lawyer toll free at (800) 411-1583.
