The brutal nature of truck accidents makes the commercial trucking industry an important target of federal regulators. By creating guidelines and enforcing rules regarding tractor-trailer safety features, trucker qualifications and hours behind the wheel, federal agencies assure Americans that coast-to-coast oversight of heavy commercial vehicles will help protect all drivers.
Commercial Vehicle Safety Enhancement Act of 2011 in Progress
Comprehensive legislation currently moving through the U.S. Congress contains several important semi-truck safety enhancements based on evolving technologies and highway safety data. The ultimate intent of the Commercial Vehicle Safety Enhancement Act of 2011 is to reduce personal injuries and wrongful deaths caused by unsafe trucks, dangerous drivers and inadequate highway safety measures.
The Act includes provisions for commercial motor vehicle registration, driver safety, truck safety, enforcement and compliance. Some key enhancements to current federal regulations include:
- Directing the U.S. Department of Transportation (DOT) to support increased oversight of the trucking industry and authority to assess truck driver fitness
- Creating better DOT registration processes that require safety proficiency examinations and safety management plans prior to granting operating authority to trucking companies
- Mandating electronic recording of driver hours behind the wheel and vehicle locations on all commercial trucks, and making that data available for roadside inspections by law enforcement
- Strengthening regulators' ability to revoke the operating authority of "reincarnated" carriers that have already been shut down, by requiring disclosure by new operators of all trucking industry relationships over the previous five years
- Developing a system that requires interstate truck drivers to provide certification of their medical fitness as part of the commercial drivers licensing (CDL) process, as well as notification of employers of driving violations and a national database of drug and alcohol testing results
- Authorizing procedures for taking trucks out of service that are owned by foreign-domiciled motor carriers that fail to promptly allow inspection of records, equipment and facilities
The Senate Committee on Commerce, Science, and Transportation recently approved the bill and forwarded it for a full Senate vote. While the vote is expected sometime this year, some controversy has emerged over a provision that creates a national freight policy to prioritize infrastructure funding and improve unsafe highway conditions.
Chief sponsor Sen. Frank Lautenberg emphasized the key intent of the new regulations: "While most drivers and companies put safety first, crashes still happen, and when they do, the consequences can be devastating. This bill will give the DOT the tools to kick unsafe drivers and carriers out of the industry and keep America's roadways safe."
Sustaining the Mission of the FMCSA: Preventing Truck Accidents
One other key aspect of the Commercial Vehicle Safety Enhancement Act is reauthorization of funding for the Federal Motor Carrier Safety Administration (FMCSA), the primary federal agency responsible for enforcing commercial truck safety rules, targeting unsafe trucking companies and improving safety information collection.
To fulfill its mission, the FMCSA collaborates with other Federal agencies, state transportation regulators, and state and local law enforcement agencies, as well as the trucking industry and highway safety advocacy groups. The current bill recommends slight increases in funding of FMCSA activities over the next two years, as well as over $60 million in annual grants for research into driver safety and technological advances.
Strong enhancements to trucking safety measures, highway infrastructure and enforcement of existing regulations makes America's highways safer not only for drivers of cars, vans, motorcycles and other passenger vehicles, but also truck drivers themselves.
Holding Truckers and Trucking Companies for Safety Violations and Negligence
Imposing stiff civil penalties and denying operating authority to irresponsible companies provides strong incentives for motor carriers to get their acts together and remain in compliance. Denying CDLs to unqualified drivers or those have track records of irresponsibility can make an immediate difference in the lives of those who would have soon been in their paths.
However, sometimes our system of laws can create consequences only after a tragedy has occurred. The vast medical expenses, property destruction, lost income and other damages that result from semi crashes are the primary focus of truck accident litigation.
A California truck accident attorney can help an injury victim or surviving family members assess all potential causes of a devastating truck wreck, from drunk driving, speeding and driver fatigue to inadequate truck maintenance, truck defects and overloaded trailers.
