FMCSA Overview
The Federal Motor Carrier Safety Administration (FMCSA) is a division of the U.S. Department of Transportation responsible for regulating the trucking industry. FMCSA regulations are found in Title 49 of the Code of Federal Regulations (CFR).
These regulations govern virtually every aspect of commercial trucking: who can drive, how long they can drive, how vehicles must be maintained, and what records must be kept. Violations of these rules can serve as powerful evidence of negligence in truck accident cases.
Key Regulatory Areas
Hours of Service (HOS) Rules
Hours of Service regulations are designed to prevent fatigue-related accidents by limiting how long drivers can operate commercial vehicles:
11-Hour Driving Limit
Drivers may drive a maximum of 11 hours after 10 consecutive hours off duty.
14-Hour Limit
Drivers 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.
30-Minute 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.
60/70-Hour Limit
Drivers 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.
Electronic Logging Device (ELD) Mandate
Since December 2019, most commercial trucks must use certified ELDs to automatically record driving time. ELD data provides objective evidence of hours of service violations in accident investigations.
Driver Qualification Standards
FMCSA establishes minimum qualifications for commercial drivers. Trucking companies must verify and maintain records of driver qualifications:
Age Requirement
Must be at least 21 years old for interstate commerce
CDL Requirements
Valid Commercial Driver's License for the vehicle class
Medical Certification
DOT physical exam every 24 months
English Proficiency
Must read and speak English sufficiently
Driving Record
No disqualifying offenses or license suspensions
Road Test
Must pass a road test or have equivalent experience
Drug Testing
Pre-employment and random drug/alcohol testing
Background Check
Review of driving history and safety record
Vehicle Maintenance Requirements
Motor carriers must systematically inspect, repair, and maintain all commercial vehicles:
- •Pre-Trip Inspections: Drivers must inspect vehicles before each trip, documenting any defects
- •Post-Trip Inspections: At the end of each day, drivers must report vehicle condition
- •Driver Vehicle Inspection Reports (DVIRs): Written reports must be prepared daily
- •Periodic Inspections: Annual inspections by qualified inspectors required
- •Maintenance Records: Records must be kept for each vehicle for at least 1 year
FMCSA Violations as Evidence
In truck accident cases, FMCSA violations can be powerful evidence of negligence. Violations that commonly appear in accident cases include:
Hours of Service Violations
Proves driver fatigue as a factor; ELD data provides objective evidence
Impaired Driving
Failed drug/alcohol tests or positive post-accident tests
Unqualified Driver
Invalid CDL, lapsed medical certificate, or disqualifying record
Maintenance Failures
Out-of-service defects like brake failures or tire problems
Cargo Violations
Overweight, improperly loaded, or unsecured cargo
Negligent Hiring
Failure to properly screen driver qualifications
An experienced truck accident attorney knows how to obtain FMCSA records through discovery and use violations to establish negligence. The trucking company's own records often provide the strongest evidence against them.