Truck Accident Lawyer Blog

Here is a brief summary of some of the major laws that have been enacted to govern truck safety in this country. In effect, our country has a national policy recognizing the threats posed by big trucks, and there is much that has been done to prevent truck accidents. However, there is much more to be done. That is why it is so important to hold accountable unsafe trucking companies and truck drivers who do not handle themselves as professional drivers.

In 1937, the hours-of-service rules were issued by Interstate Commerce Commission (ICC). At the time, some of the ICC Commissioners expressed misgivings that the rules might not be conducive to safety.

In 1938, the federal Fair Labor Standards Act exempted the trucking industry from overtime compensation, and it created incentives to drive long hours putting drivers and the public at risk. In fact, no regulated job classification allows for more work hours than truck and bus drivers.

In 1984, the Motor Carrier Safety Act required that U.S. Department of Transportation standards have to ensure that trucks and buses are operated safely; that driver responsibilities don't impair their ability to safely drive; that the physical condition of drivers is good enough to safely drive; that driving trucks does not have a negative effect on the physical condition of drivers.

In 1995, the Interstate Commerce Commission Termination Act directed the FHWA (which later evolved into the FMCSA) to deal with fatigue-related issues in the commercial motor vehicle industry; pointed out the glaring need to address amount of sleep after driving time, loading/unloading, automated recording devices, rest/recovery cycles, fatigue and stress in longer combination vehicles, fitness for duty, and other measures to reduce fatigue-related crashes and increase driver alertness.

In 1999, the Motor Carrier Safety Improvement Act created a new safety agency, the Federal Motor Carrier Safety Administration (FMCSA), to improve commercial motor vehicle safety, and to establish safety as the highest priority of new agency.

In 2004, Congress temporarily extended surface transportation legislation.

In the same year, a United States Court of Appeals decision found the FMCSA HOS final rule of April, 2003, to be in violation of the law. In response, Congress responded by allowing the FMCSA to continue to enforce final rule until completion of the new rulemaking.