Washington Commercial Truck, Big Rig, Hazardous Material, and Government Vehicle Law Topics

• Understanding Federal Trucking Regulations
  • Part 382 | Alcohol and Drug Use
  • Parts 383, 384, and 391 | Commercial License and Training Requirements
  • Part 390 | Federal Trucking Rules | General
  • Part 392, 393, 395 and 396 | Driving of Commercial Vehicles
  • Part 397 | Hazardous Materials | Driving and Parking Rules
  • Part 398 | Transportation of Migrant Workers
  • Part 399 | Health and Safety of Employees
• Washington State Semi Truck / Commercial Vehicle Laws
  • Driver Requirements
  • Hours of Operation

Understanding Federal Trucking Regulations

At our Washington firm serving the greater Seattle and Tacoma areas, truck accident lawyer Glenn Phillips and associate Autumn Countryman are thoroughly versed in the intricacies of trucking law. They are able to determine whether an accident resulted from the violation of specific federal regulations and aggressively pursue proper and just compensation on behalf of their clients.

The following is a brief overview of some of the relevant regulations set by the Federal Motor Carrier Safety Administration under Title 49 | Transportation.

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Part 382 | Alcohol and Drug Use

Driving violations involving alcohol and drug use are highly punishable in the U.S., and the federal government has set strict rules for commercial drivers in this category. Commercial drivers are expected to refrain from the use of drugs or alcohol while on duty, and employers are required to regularly test their employees to ensure their compliance. Drivers are expected to refrain from alcohol use for at least four hours prior to going on duty and are required to take a blood alcohol test following a truck accident. A lawyer from our firm can help determine if a violation of this code contributed to your collision.

Parts 383, 384, and 391 | Commercial Driver's License and Training Requirements

Federal law dictates that commercial drivers must have a commercial driver's license and a set amount of training, be mentally and physically fit to drive, and have completed an apprenticeship program among other requirements to minimize their risk of causing a truck accident. Under federal law, a commercial driver must also be 21 years of age; however, this law is different in the state of Washington (see section on state laws). If a trucking company fails to investigate an employee's background or hires an unlicensed or untrained driver, the company can be held legally responsible for any injury or property damage that occurs as a result.

Part 390 | Federal Trucking Rules | General

This section lays out the applicability of federal commercial vehicle law, and includes all exceptions and clauses to the general rules. Importantly, it includes documentation specifications that require truck drivers and trucking companies to keep clear, accessible records of any past collisions available to the FMCSA. A truck accident lawyer can determine if the commercial vehicle involved in your collision failed to meet these requirements.

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Part 392, 393, 395 and 396 | Driving of Commercial Vehicles

These sections include important regulations surrounding a truck driver's fitness to operate a vehicle (e.g., he or she cannot be ill or excessively fatigued or under the influence of drugs and alcohol), truck and parts maintenance, hours of operation, driver schedules, and all other factors that can affect the safety of a commercial vehicle.

One important section of part 395 requires that drivers take 10 hours of rest for every 24 hours they are on the road. This means that a driver cannot drive continuously for more than 14 hours. Furthermore, commercial drivers cannot be on-duty for more than 60 hours in a consecutive seven-day period or for more than 70 hours in an eight-day period. This section is notoriously violated by truck drivers and trucking companies. Since drivers are paid by the mile rather than the hour, the temptation to drive without adequate sleep is quite strong.

Federal law is replete with exceptions and clauses. Easily accessible to clients in the Seattle and Tacoma, Washington areas, a truck accident lawyer from our firm can help you navigate the full text of these laws and determine if the truck driver or company involved in your accident has violated any transportation regulations.

Part 397 | Hazardous Materials | Driving and Parking Rules

This section strictly dictates the operation of trucks transporting hazardous materials, which must be clearly marked with a placard. There are specific regulations regarding parking, fueling, tires, routing, and how close these vehicles can be to open fire or a lit cigarette. A qualified truck accident lawyer can determine if the vehicle involved in a given accident was in violation of any of these laws.

Part 398 | Transportation of Migrant Workers

This section sets out specific rules for the transportation of agricultural migrant workers, and includes passenger buses, semi trucks, tractors, and semi trailers.

Part 399 | Health and Safety of Employees

This section is aimed to protect commercial drivers against unsafe conditions and poorly maintained vehicles.

Please keep in mind that the above descriptions are short summaries of very complex material. Our Washington firm serving the greater Seattle and Tacoma areas can provide you with a truck accident lawyer whose vast experience in the field ensures an exhaustive knowledge of transportation law.

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Washington State Semi Truck / Commercial Vehicle Laws

The state of Washington has set specific laws that, in some cases, differ from those established by the federal government. These laws govern only intrastate traffic, or that involving the transportation of goods within state lines. A truck accident lawyer can determine if any of the following state-specific laws have been violated in your case.

Driver Requirements

Washington has adopted part 391 of federal transportation law with a few modifications. For example, federal law requires all drivers to be at least 21 years of age, but Washington only requires that drivers be 18 or older. Drug and alcohol regulations are also more specific; for example, employers who have discovered positive drug tests among their employees must report them to the Washington Department of Licensing within three business days of the test.

Driver Hours of Operation

Washington has adopted federal regulations regarding hours of operation with the exception of logging, dumping, and agricultural trucks. For example, drivers operating these vehicles are not permitted to travel for more than 12 consecutive hours after taking 8 full hours of rest.

Washington State has also adopted the entire section of federal regulations regarding truck parts and accessories, part 393. Consult a Washington truck accident lawyer to help you determine whether your case involves a violation of state-specific laws.

Contact a Skilled Washington Truck Accident Lawyer

If you live in or around Seattle or Tacoma, or anywhere in Washington State, be sure to consult a truck accident lawyer who is well versed in the intricacies of transportation law. Contact the attorneys at Phillips Webster for a thorough investigation of your case and an assessment of the compensation for which you are eligible.

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