The Rules of the Road
The Rules Of The Road - Understanding The Federal Motor Carrier Safety Regulations
By: John M. McCabeRecognizing the significant dangers posed by heavy trucks traveling on our roadways, the United States Congress promulgated the Motor Carrier Act in 1935. The Motor Carrier Act created the Bureau of Motor Carriers of the Interstate Commerce Commission, which, in turn, became responsible for developing and enforcing safety regulations for the trucking industry. The safety regulations developed by the Interstate Commerce Commission are entitled the Federal Motor Carrier Safety Regulations ("FMCSR"), and they address almost every aspect of interstate trucking and were developed in order to "help reduce or prevent truck and bus accidents, fatalities and injuries."[1]
Despite the extensive deregulation of the trucking industry that occurred throughout the 1980's and the collapse of the ICC in 1995, the FMCSR remain the sole safety standards that professional truck drivers and motor carriers must follow in the operation of commercial motor vehicles, and any deviation from these standards exposes the motor carrier and driver to liability. Therefore, an attorney representing the victims of trucking collisions must be extremely familiar with the FMCSR. The FMCSR are incredibly extensive, and any attempt to discuss every provision is well beyond the scope of this article. Therefore, the article will address the provisions that are more relevant from a legal standpoint, and it will hopefully serve as a reference guide that you can consult whenever you have a trucking case.
To Whom Do The FMCSR Apply? The FMCSR apply to any person or company that operates a commercial motor vehicle to transport property or passengers in interstate commerce.[2] Under the regulations, a "commercial motor vehicle" is defined as:
Thus, the FMCSR regulations are not limited just to tractor-trailer trucks, they also apply to buses and similar vehicles. However, the regulations do not apply to school buses.[4] The regulations also do not apply to transportation being performed by the Federal government, a State, or any political subdivision of a State.[5]
The FMCSR will apply only if the commercial motor vehicle is being used in interstate commerce. "Interstate commerce" is defined as meaning any transportation that involves crossing a State line, including international boundaries. It also includes transportation that occurs wholly within one State so long as the trip originates or terminates in another State or country.[6]
Moreover, while the FMCSR state that a non-passenger-carrying vehicle must be carrying "property," this does not mean that the regulations will apply only when a vehicle is hauling cargo. This is because the vehicle itself is considered "property." Therefore, the FMCSR will apply to almost any situation in which a commercial motor vehicle crosses a State line at some point during its trip. For example, the regulations would apply if an empty tractor-trailer truck crosses a State line for repairs or maintenance. Similarly, the FMCSR would apply when a driver is driving the vehicle back and forth between his employer's terminal and his out-of-state home.
It should be noted that the regulations are not limited to situations where the vehicle is actually on a highway. The regulations also cover situations where the vehicle is off the road, being loaded or unloaded, or is waiting to engage in interstate commerce.
What Requirements Must Be Met In Order to Operate A Commercial Motor Vehicle? In order to qualify to drive a commercial motor vehicle, a person must be at least 21 years old. A person must also be able to read and speak English sufficiently to converse with the general public, understand road signs, and make entries in reports and records.
The regulations also require that the person must be able to safely operate the commercial motor vehicle that he drives by reason of experience, training or both.[7] In order to establish whether a driver has satisfied this requirement, a motor carrier must conduct or otherwise arrange for the conducting of a road test of any driver, and a motor carrier cannot permit the driver to operate a commercial motor vehicle until the driver has been issued a certification showing that he has successfully completed the test.[8] During the road test, the driver must operate the type of motor vehicle that the carrier intends for him to drive, and at a minimum, he must demonstrate that he is capable of:
These requirements may be waived if the driver presents a certificate from a State indicating that he has passed a road test within the last three years.[10]
In addition, a driver must pass a DOT medical examination showing that he is qualified to drive a vehicle.[11] This physical must be given by a physician who is knowledgeable of the specific physical and mental demands associated with operating commercial motor vehicles, and if the driver passes the examination, the physician must complete a certificate of physical fitness, which he must provide to the driver and to the motor carrier.[12]
Under the regulations, persons with certain medical conditions are considered physically incapable of safely operating a commercial vehicle. For instance, any person who has lost a foot, leg, hand, or arm, or who otherwise has an impairment of a hand, finger, foot, or leg that interferes with the ability to perform normal tasks associated with operating a commercial motor vehicle, such as power grasping, is not qualified physically to drive a vehicle. The regulations also provide that a person with insulin-dependent diabetes mellitus cannot drive a commercial motor vehicle. Moreover, persons with a medical history or diagnosis of respiratory dysfunction, high blood pressure, arthritis, rheumatic disease, orthopedic disease, muscular disease, neuromuscular disease, vascular disease, mental disorders, nervous disorders, or psychiatric disorders are prohibited from driving a motor vehicle if the condition interferes with his ability to control and operate a commercial vehicle. In addition, a person cannot drive a commercial motor vehicle if he has been diagnosed with a myocardial infarction, angina pectoris, coronary insufficiency, thrombosis, or other cardiovascular disease that might be accompanied by congestive heart failure, shortness of breath, a temporary loss of consciousness, or collapse. Similarly, a person with epilepsy or any other condition that might cause a loss of consciousness or an inability to control the vehicle is not qualified to operate these vehicles. With respect to visual acuity, the regulations require that a person must have corrected vision of 20/40 or better, and he must be able to recognize the colors of traffic signals and devices.[13]
The regulations also state that certain persons are automatically disqualified from operating commercial vehicles. Under the regulations, a driver is disqualified if he has been convicted of driving a commercial vehicle while his alcohol concentration is .04% or more or operated a commercial motor vehicle while under influence of a prohibited drug. Similarly, if a person refused to undergo certain alcohol or drug testing, he would be disqualified. Other disqualified drivers include persons who have committed a felony involving the use of a commercial motor vehicle, or who left the scene of an accident while operating a commercial motor vehicle.
One CDL Per Person. In order to assist in the tracking and identification of unsafe drivers, the FMCSR provide that a driver can only have one commercial driver's license (CDL).[14] Therefore, an unsafe driver cannot create a "clean driving record" simply by moving to another State and obtaining a new CDL. In order to safeguard against this and make sure a driver does not already possess a CDL, States are required to be connected to the Commercial Driver's License Information System (CDLIS) and the National Driver Register (NDR), which are systems by which information is exchanged regarding commercial motor vehicle drivers and their traffic convictions and disqualifications. Before issuing a CDL, a State must use both the CDLIS and NDR to check a driver's record and to make certain that the applicant does not already have a CDL. Employing motor carriers also have access to the CDLIS, and employers are prohibited from knowingly allowing a person with more than one CDL to operate a commercial motor vehicle.[15]
Pre-Employment Information That A Driver Must Furnish. Under the regulations, at the time a driver applies for a job, he must provide the potential employer with information regarding his previous experience as a driver. This information must include a list of all employers for whom the driver operated a commercial motor vehicle, the dates of employment, and the reason(s) why the driver left such employment.[16] The driver must certify that the information is true and complete.
A Motor Carrier's Duties To Investigate & Review Its Drivers. Under the regulations, an employer is required to investigate each of its drivers. Within 30 days of hiring a driver, the employer must review of the driver's employment record by contacting each of the driver's employers for the previous 3 years.[17] The investigation may consist of personal interviews, telephone interviews, letters, or other methods of obtaining information. [18] The employer is required to make a written record of each interview. This record must include the previous employer's name and address, the date of the interview, and the previous employer's comments regarding the driver.[19] In addition, within 30 days of hiring a driver, the employer must contact each State in which the driver has held a driver's license during the previous three years, and obtain a copy of the applicant's driving record.[20]
After a driver is hired, the employer must review the driver annually to make sure that the driver remains qualified to drive a commercial motor vehicle and that he still meets the minimum requirements for being able to safely drive the vehicle.[21] As part of this annual review, the employer must require all of its drivers to furnish it with a certified list of all motor vehicle violations that the driver has been convicted of during the year.[22] Moreover, in order to make sure the driver has provided full and complete information, the employer has a duty to obtain an updated copy of the driver's driving record.[23] In reviewing the driver's safety, the employer must consider the driver's accident record, as well as any violations of the FMCSR or motor vehicle laws.[24] The regulations require the employer to give "great weight to any violations that indicate that a driver has exhibited a disregard of public safety," which include speeding, reckless driving, and driving while under the influence of alcohol or drugs.[25]
Driver Qualification Files. Employers are required to maintain a driver qualification file for every driver at the time of his employment. At a minimum, the file must contain the driver's application for employment, the driver's road test certification, a written record regarding each past employer contacted as part of the hiring process, the driver's certificate of physical examination, the lists or certifications regarding the driver's motor vehicle violations, and the documents relating to the annual review of the driver's driving record.[26] The driver qualification file must be kept at the employer's principal place of business for as long as the driver is employed by that motor carrier and for three years thereafter.[27]
A Driver's Duty To Report Traffic Convictions. In addition to the annual certifications that a driver must provide to his employer, the regulations also require a driver must report any traffic conviction, except parking convictions, to his employer within 30 days of the conviction.[28] This notification must occur regardless of the nature of the violation or the type of vehicle that was being driven at the time. Thus, if a driver is convicted of a violation involving the use of his personal automobile, he must report it to his employer. In addition, the driver must also provide notice of the violation to the State that issued his CDL. The notification must contain the driver's full name, license number, the date of conviction, the location of the offense, the specific offense(s) of which the driver was convicted, and whether the violation involved the operation of a commercial motor vehicle.
In the event that a conviction results in the suspension, revocation, cancellation, or disqualification of a driver's license, the driver must notify his employer of this before the end of the business day following the day that he receives notice of the suspension or revocation.[29]
Maximum "Driving Time" and "On Duty Time." Driver fatigue is the leading cause of trucking accidents, and in an attempt to reduce the number of these accidents, the FMCSR contain hours-of-service regulations that specifically dictate the maximum number of hours that a driver can spend going about his business. In setting out these rules, the regulations differentiate between "driving time" and "on duty time." "Driving time" refers to the actual amount of time a driver spends "at the driving controls of a commercial motor vehicle in operation."[30] "On duty time" is much broader, and it includes the time from when a driver "begins work or is required to be ready to work and it continues until the driver is relieved from work and all responsibility for performing work."[31] Thus, while on duty time would include driving time, it also includes the time that a driver performs non-driving-related tasks, such as waiting at a terminal to be dispatched, supervising or participating in the loading or unloading his vehicle, and any time spent inspecting, repairing, or servicing his vehicle. It also includes any time that the driver is physically in his vehicle, unless he is sleeping in the sleeper berth.
For the first time in 60 years, the Federal Motor Carrier Safety Administration just revised the hours-of-service regulations in hopes of providing drivers with better opportunities to obtain sleep. The revised regulations, which become effective January 4, 2004, are based upon a 24-hour cycle and a 7-day cycle, and they adjust depending on the type of vehicle being driven.
For property-carrying commercial vehicles, such as tractor-trailer trucks, drivers cannot drive more than 11 cumulative hours per day, and they can only be "on duty" for 14 hours per day.[32] In the event that a driver encounters adverse driving conditions, such as snow, sleet, fog, or an unusual road or traffic condition, the driver is permitted to drive an additional 2 hours over the 11-hour maximum driving time to complete his run or to reach a safe and secure place.[33] In between shifts, the driver must be off duty for at least 10 consecutive hours.[34] However, if the driver has a sleeper berth, he does not necessarily have to be off-duty for 10 straight hours. Rather, the regulations provide that the driver can accumulate the equivalent of 10 consecutive, off-duty hours by taking 2 periods of rest in the sleeper berth, so long as the following three requirements are met:
Moreover, a driver cannot accumulate more than 60 hours of on-duty time during 7 consecutive days or 70 hours during 8 consecutive days. It is important to keep in mind that this restriction applies to on-duty time, not driving time. In order to restart the 7/8-consecutive-day requirement, the driver must take 34 or more consecutive hours of off-duty time.[36]
For passenger-carrying commercial vehicles, such as buses, the 7-day and 8-day on-duty requirements are the same as those for property-carrying vehicles, but the daily driving time and on-duty requirement are not. Under the regulations, a driver of a passenger-carrying vehicle cannot drive more than 10 cumulative hours per day, and they can only be "on duty" for 15 hours per day.[37] Drivers of these vehicles must have 8 consecutive hours of off-duty time. However, if the vehicle is equipped with a sleeper berth, the driver can fulfill this requirement by taking 2 periods of rests in the berth, provided that:
Daily Logs and On-Board Computers. In order to monitor and keep track of a driver's hours of service, the FMCSR require every driver to prepare a "Record of Duty Status,"which is more commonly referred to as the "daily log."[39] The log contains a grid, which covers a 24-hour period, usually running from midnight to midnight. The grid has separate rows for the four ways that a driver can spend his time: off-duty time, sleeper berth time, on-duty time, and driving time. As indicated by the example below, a driver completes the grid by drawing a continuous line indicating how he spent his time during the entire 24-hour period.
In this example, the driver reported for duty at the motor carrier's terminal in Richmond, Virginia at 6:00 a.m. He helped load his cargo, checked with dispatch, made a pre-trip inspection, and performed other duties until 7:30 a.m., which are all reflected as on-duty time. The driver began driving at 7:30 a.m. At 9:00 a.m., the driver had a minor accident in Fredericksburg, Virginia, and he spent a half of an hour handling details with the local police. The driver arrived at the company's Baltimore, Maryland terminal at noon and went to lunch while minor repairs were made to the tractor. At 1:00 p.m., the driver resumed the trip and made a delivery in Philadelphia, Pennsylvania, which took from 3:00 p.m. to 3:30 p.m. At 3:30 p.m., he began driving again. Upon arrival at Cherry Hill, New Jersey at 4:00 p.m., the driver entered the sleeper berth for a rest break. He remained in his sleeper berth until 5:45 p.m., at which time the driver resumed driving. At 7:00 p.m., the driver arrived at the company's terminal in Newark, New Jersey. Between 7:00 p.m. and 8:00 p.m. he prepared the required paperwork including completing the driver's record of duty status, driver vehicle inspection report, and other paperwork. At 8:00 p.m., the driver went off duty.
In addition to the grid, the logs must also include the date, the location of any change of duty, the truck/tractor and trailer numbers, the name of the carrier(s) for whom he drove during the day, the time the 24-hour period started, and the names of co-drivers.[40] The logs also must show the total miles driven during the 24-hour period.[41] From a legal standpoint, this is very important because it allows you to determine a driver's average speed. For example, if the log reflects that the driver drove 600 miles during 10 hours of driving time, the average speed would be 60 miles per house, and this could be very important if your investigation shows that the majority of the roads traveled during the trip had 45 mile per hour speed limits.
The FMCSR require the drivers to complete duplicate logs for each 24-hour period. The driver is required to keep one of the copies for his own records for 7 days.[42] The driver must submit the other copy of the log to his employing motor carrier within 13 days.[43] The carrier is then required to keep the logs for 6 months. [44]
In lieu of written logs, motor carrier may require drivers to record their hours of service by using automatic, on-board computers.[45] These computers must be able to produce, on demand, a chart, printout, or electronic display of the time and sequence of a driver's changes in duty status, including the driver's starting time at the beginning of each day.[46] The computer must contain all of the other information, such as total miles and total hours, which is required to be contained in handwritten logs.[47] In addition, the computer must be able to display the total hours a driver was on-duty for the previous 7 and 8 days.[48] If there is a computer failure, the driver must record that failure and attempt to reconstruct his duty status for the previous seven days by using handwritten logs. Thus, even if an on-board computer is being used, the regulations require each vehicle to have a supply of blank driver's logs containing the hours-of-service grids.[49]
Required Maintenance & Inspections of Commercial Motor Vehicles. In general, every motor carrier must systematically inspect, repair, and maintain all motor vehicles subject to its control.[50] While the regulations do not define what "systematic" means, the DOT interpretations indicate that the motor carrier must have a "regular or scheduled program to keep vehicles in a safe operating condition."
In addition, carriers have a duty to make sure all parts and accessories are in safe and proper operating condition at all times.[51] This includes the brakes, lighting devices, reflectors, electrical equipment, windows, fuel system, coupling devises, emergency equipment, frame and frame assemblies, suspension systems, axles and attaching parts, wheels and rims, and steering systems.[52] With respect to buses, the regulations further provide that all pushout windows, emergency doors, and emergency door marking lights must be inspected at least every 90 days.[53]
As part of the inspection and service requirements, the FMCSR require motor carriers to maintain the following records for each vehicle that it has controlled for 30 consecutive days or more:
(1) An identification of the vehicle including company number, if so marked, make, serial number, year, and tire size. In addition, if the motor vehicle is not owned by the motor carrier, the record shall identify the name of the person furnishing the vehicle;
(2) A record setting out the nature and due date of the various inspection and maintenance operations to be performed;
(3) A record of inspection, repairs and maintenance indicating their date and nature;
(4) A record of tests conducted on pushout windows, emergency doors, and emergency door marking lights on buses.
These records must be retained by the carrier wherever the vehicle is either housed or maintained for a period of 1 year. They must also be retained for 6 months after the motor vehicle leaves the motor carrier's control.[54]
In addition to these responsibilities, at the completion of each day's work, a driver must inspect the following parts and accessories of the vehicle:
As part of this inspection, the driver is required to identify any defects or deficiencies that would affect the safe operation of the vehicle or result in a mechanical breakdown.[56] If any defects or deficiencies are reported, they must be repaired before driver can be required or permitted to drive the vehicle.[57] The driver must complete a written report of this inspection, which is known as a "Driver Vehicle Inspection Report" or DVIR, and submit it to his employing motor carrier.[58] The carrier is then required to hold onto DVIR for 3 months.
The driver is also required to perform a pre-trip inspection before he begins driving a commercial motor vehicle.[59] The FMCSR do not mandate drivers to make a written report of this inspection, but most employers nevertheless require such a report. In conducting this inspection, the driver must inspect to vehicle to make sure that it can be operated safely.[60] This involves inspecting the same parts and accessories involved with the post-trip inspection (i.e., brakes, steering, lights, tires, horns, mirrors, emergency equipment, and windshield wipers).[61] The driver must also review the last DVIR, and if any defects or deficiencies were noted on the DVIR, the driver must certify that they have been repaired before he can operate the vehicle.[62]
In addition to the vehicle itself, a driver must be knowledgeable about how to properly load, distribute, and secure any cargo that he is transporting.[63] Before beginning a trip, the FMCSR require him to inspect the cargo to make sure it is properly distributed and adequately secured.[64] He must also make sure that the vehicle's tailgate, tailboard, doors, tarpaulins, spare tire, and any equipment used to fasten the cargo are secured.[65] After beginning his trip, the driver must inspect the cargo within the first 50 miles to make sure that it has not shifted and that it is still secure.[66] The driver must then reexamine the cargo after the vehicle has been driven for 3 hours or 150 miles, whichever comes first. Additional reexaminations must take place whenever there has been a change in the drivers' duty status.[67]
Radar Detectors. Under the FMCSR, the driver of a commercial motor vehicle is strictly prohibited from operating a vehicle that is equipped with or contains any form of a radar detector, and a motor carrier is prohibited from requiring or permitting a driver to use such a device.[68]
The Rules Regarding to Alcohol & Drug Use in The Trucking Industry. The Omnibus Transportation Employee Testing Act of 1991 required mandatory alcohol and drug testing of safety related employees in the aviation, motor carrier, railroad, and mass transit industries. These testing rules apply to drivers who are required to have commercial drivers' licenses, including interstate and intrastate truck and motor coach operations.
There are three different forms of testing: pre-employment testing, random testing, and mandatory post-accident testing. With regard to pre-employment testing, a carrier is generally required to give a driver a pre-employment drug and alcohol test before the driver can perform any "safety-sensitive function."[69] Under the regulations, safety-sensitive functions are not limited to driving. Rather, these functions include basically any on-duty activity, including the time that a driver is at a terminal waiting to be dispatched, all time spent inspecting or servicing his equipment, any time giving or receiving shipping receipts, and any time spent participating in or supervising the loading or unloading of his vehicle.[70] If the employer does not give a pre-employment drug and alcohol test, the employer must verify that the driver participated in a qualifying testing program within the previous 30 days and he was drug tested in the previous 6 months or was in a random testing program for the previous 12 months.[71] The employer must also verify the dates that the driver was last tested and the results of that test.[72] The employer also has a duty to make sure that the driver never refused to be tested and that, as far as the previous employer may know, the driver did not violate any federal alcohol or drug regulations.[73]
The FMCSR also require mandatory, random drug and alcohol testing.[74] The regulations contain formulas that set out how many random tests must occur each year. With respect to alcohol testing, the regulations provide that, in general, the minimum, annual testing rate shall be "10 percent of the average number of driver positions."[75] The regulations require more frequent drug tests and generally impose a minimum, annual rate of "50 percent of the average number of driver positions."[76] Thus, if an employer employs an average of 100 drivers during a year, there must be 10 random alcohol tests conducted during that year (10% x 100 drivers) and 50 random drug tests (50% of 100). Under the regulations, the Administrator of the Federal Motor Carrier Safety Administration is authorized to increase or decrease these percentages to allow for more or less tests based on annual alcohol and drug management reports that must be generated under the regulations.[77] In conducting the tests, employers must maintain pools containing the names of all its drivers. The pools must be set up so that all drivers have an equal chance of being selected. The driver's name is selected out of the pool, and once selected, a driver is required to proceed to the testing site immediately.[78] After the employee is tested, his name must be returned to the selection pool, and he remains a candidate for future tests that year.[79]
The regulations also provide for drug and alcohol testing following motor vehicle accidents. However, this testing is not always mandatory. Rather, whether a test is required depends on the nature of the injuries or damage involved and whether the driver received a citation. If a collision involves a human fatality, then the driver must be tested, even if he did not receive any citations.[80] On the other hand, if the collision caused a non-fatal injury that required medical attention away from the accident scene, the testing will be required only if the truck driver received a citation.[81] Similarly, testing is also required if one or more vehicles incur "disabling damage" and the driver receives a citation. If the accident did not involve a fatality and the truck driver did not receive a citation, the testing is not required.
Type of accident involved Citation issued to the CMV driver Test must be performed by employer i. Human fatality YES YES NO YES ii. Bodily injury with immediate medical treatment away from the scene YES YES NO NO iii. Disabling damage to any motor vehicle requiring tow away YES YES NO NO
Driving under the Influence. While North Carolina law provides that a person is under the influence of alcohol if his alcohol concentration is 0.08 or more,[82] the FMCSR, which preempt State law,[83] provide that the driver of a commercial motor vehicle will be considered to be under the influence of alcohol if his concentration is 0.04 or more.[84] Moreover, regardless of the level of alcohol in a driver's body, if an employer knows that the driver has used alcohol, the employer cannot permit the driver to perform any "safety-sensitive functions."[85]
What Documents Are Motor Carriers Required To Maintain Following An Accident? The FMCSR requires motor carriers to maintain an accident register, which is a list of all accidents involving its vehicles. For each accident, the register must list the date of the accident, its location, the driver's name, the number of injuries or fatalities, and whether or not hazardous materials were released. The register must also contain copies of the accident report for each wreck. The following is an example of an accident register:
Insurance Coverage For Commercial Motor Vehicles. While North Carolina law only requires minimum liability coverage of $30,000-per-person, $60,000-per-accident, the FMCSR require substantially more coverage for commercial motor vehicles. Under the regulations, the minimum amount of coverage required for tractor-trailer vehicles is $750,000, and if hazardous materials are being transported, the coverage may be increased to $1,000,000 or $5,000,000, depending on the classification of the hazardous material.[87] For motor carriers that are transporting passengers, such as buses, if the vehicle seats 15 or less people, the minimum coverage is $1,500,000, but if the vehicle seats 16 or more people, the coverage must be at least $5,000,000.[88]
Conclusion. Again, the intent of this article was to summarize the most relevant provisions of the FMCSR. The FMCSR contain many provisions that simply could not be covered, and therefore, whenever you represent the victim of a trucking collision, you should immediately review the regulations to see what additional rules apply to your case. You should also consult other materials, such as the North Carolina Commercial Drivers' License Handbook, in develop theories of liability and determine areas to explore during discovery.
References
[1] 49 CFR 383.1(a).
[2] 49 CFR 390.3(a).
[3] 49 CFR 390.5.
[4] 49 CFR 390.3(f)(1).
[5] 49 CFR 390.3(f)(2).
[6] 49CFR 390.5.
[7] 49 CFR 391.11(b)(3).
[8] 40 CFR 391.31(a)
[9] 49 CFR 391.31(c).
[10] Id.
[11] 49 CFR 391.41(a).
[12] 49 CFR 391.43(c) (g).
[13] 49 CFR 391.41.
[14] 49 CFR 383.1(a) & 383.21.
[15] 49 CFR 383.37.
[16] 49 CFR 383.35(c).
[17] 49 CFR 391.23(a)(2).
[18] 49 CFR 391.23(c).
[19] Id.
[20] 49 CFR 391.23(a)(1) & (b).
[21] 49 CFR 391.25.
[22] 49 CFR 391.27.
[23] 49 CFR 391.25.
[24] 49 CFR 391.25(b)(2).
[25] 49 CFR 391.25(b)(2).
[26] 49 CFR 391.51(b).
[27] 49 CFR 391.51(c) & (d).
[28] 49 CFR 383.31(a).
[29] 49 CFR 383.33.
[30] 49 CFR 395.2.
[31] Id.
[32] 49 CFR 395.3. Under the previous regulations, a driver was allowed 10 hours of driving time and could be on-duty for 15 hours per day.
[33] 49 CFR 295.1(b).
[34] Id. Under the previous regulations, a driver was only required to have 8 hours of off-duty time.
[35] 49 CFR 395.1(g)(1).
[36] 49 CFR 395.3.
[37] 49 CFR 395.5.
[38] 49 CFR 395.1(g)(3).
[39] 49 CFR 395.8.
[40] 49 CFR 395.8(d) & (f).
[41] Id.
[42] 49 CFR 395.8(k)(2).
[43] 49 CFR 395.8(i).
[44] 49 CFR 395.8(k)(1).
[45] 49 CFR 395.8(a)(2).
[46] 49 CFR 395.15(b).
[47] 49 CFR 395.15(c).
[48] 49 CFR 395.15(i)(5).
[49] 49 CFR 395.15(g)(2).
[50] 49 CFR 396.3.
[51] 49 CFR 396.3(a)(1).
[52] Id. (referring to 49 CFR 393.1-393.209).
[53] 49 CFR 396.3(a)(2).
[54] 49 CFR 396.3(c).
[55] 49 CFR 396.11 (a).
[56] 49 CFR 396.11(b).
[57] 49 CFR 396.11(c).
[58] 49 CFR 396.11 (a) & (c).
[59] 49 CFR 396.13.
[60] Id.
[61] 49 CFR 392.7 & 392.8.
[62] 49 CFR 396.13.
[63] 49 CFR 391.13.
[64] 49 CFR 392.9 (a) & (b).
[65] Id.
[66] 49 CFR 392.9(b)(2).
[67] 49 CFR 392.9.
[68] 49 CFR 392.71.
[69] 49 CFR 382.301(a).
[70] Id.
[71] 49 CFR 382.301(b).
[72] 49 CFR 382.301(c)(1).
[73] 49 CFR 382.301(b)(3).
[74] 49 CFR 382.305.
[75] 49 CFR 382.305(b)(1).
[76] 49 CFR 382.305(b)(2).
[77] 49 CFR 382.305(c) &(f).
[78] 49 CFR 382.305(l).
[79] Id.
[80] 49 CFR 382.303 (a) & (b).
[81] Id.
[82] N.C.G.S. 20-138.1.
[83] 49 CFR 382.109.
[84] 49 CFR 382.201.
[85] 49 CFR 382.205.
[86] 49 CFR 390.15(b).
[87] 49 CFR 387.9.
[88] 49 CFR 387.33.
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