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Overview of Trucking Regulations

Large trucks and other commercial vehicles are regulated by city, state, and federal trucking regulations. The main government agency responsible for regulating the trucking industry is the Federal Motor Carrier Safety Administration (FMCSA). Its primary mission is to reduce crashes, injuries, and fatalities involving semi-trucks and buses.

New York City-Specific Trucking Laws

New York City has particularly stringent regulations for commercial vehicles due to its dense population and infrastructure.

Local Ordinances and Restrictions

New York City has specific truck routes and restrictions to manage traffic flow and protect infrastructure.

For instance, the city has specific bridge formulas to determine the permitted weight of vehicle driving across bridges. The formulas are based on axle configuration and spacing.

There are streets large trucks are prohibited from using, and there can be time restrictions on traffic in certain neighborhoods.

Safety Measures

New York City’s “Vision Zero” plan aims to eliminate traffic fatalities and serious injuries, focusing significantly on truck safety.

Key initiatives include:

  • Truck Side Guards: Mandated on municipal and commercial waste trucks to prevent side-impact collisions with pedestrians and cyclists. These guards also keep people from being pulled under the rear wheels of vehicles.
  • Speed Reduction: Lower speed limits, speed cameras, and increased enforcement.
  • Infrastructure Improvements: Protected bike lanes, wider sidewalks, and improved pedestrian crossings.
  • Truck Driver Training: Enhanced training focusing on safety awareness and defensive driving, as well as training for driving in the city.
  • Enforcement: Increased enforcement of traffic laws for commercial vehicles. This enforcement targets speeding, illegal turns, and failing to yield the right of way.

Permitting and Licensing

Operating a large truck in NYC requires specific permits and licenses, including business licenses, truck route permits for oversized vehicles, and placard permits for hazardous materials. Other permits may be required, depending on the planned use of the commercial vehicle.

New York State Trucking Regulations

New York State has additional trucking regulations that complement federal laws, focusing on vehicles operating within the state and those licensed and registered in New York.

New York State Department of Transportation (NYSDOT) Rules

The NYSDOT issues state-specific regulations for trucking companies and drivers.

Weight and Size Limits

New York has specific weight and size limitations for commercial vehicles, especially in urban areas like New York City. Oversized or overweight loads often require special permits.

Environmental Regulations

New York has stringent environmental regulations, including emissions standards and waste disposal requirements for commercial vehicles.

The NYSDOT has inspection guidelines that must be followed to ensure compliance with emissions standards and environmental impact requirements.

Federal Trucking Regulations

Operator Requirements

To operate a commercial motor vehicle (CMV), drivers must follow FMCSA regulations, including being at least 21 for interstate driving, passing a medical examination, and undergoing random drug and alcohol testing.

Drivers need a Commercial Driver’s License (CDL), with Class A for heavy combinations, Class B for large single vehicles or combinations, and Class C for smaller vehicles or those transporting passengers or hazardous materials.

Special endorsements are needed for specific CMVs, like double/triple trailers, hazardous materials, tank vehicles, passenger transport, and school buses.

Hours of Service (HOS) Regulations

The FMCSA enforces Hours of Service (HOS) rules to ensure drivers are well-rested, reducing accident risks.

Key regulations include a 14-hour on-duty limit after 10 hours off duty, an 11-hour driving limit within the 14-hour period, a 30-minute break after 8 hours of driving, and a 60/70-hour limit over seven/eight days.

A 34-hour break resets the weekly limit, with exceptions for adverse conditions and specific driver categories.

Inspection and Maintenance Requirements

FMCSA regulations mandate regular inspections and maintenance to ensure truck safety and roadworthiness.

This includes annual inspections, driver vehicle inspection reports (DVIR), preventative maintenance, and thorough recordkeeping to prevent breakdowns and accidents.

Impact of Violating Trucking Regulations on Personal Injury Claims

Violations of trucking regulations can significantly strengthen a personal injury claim, often demonstrating a disregard for safety and increasing liability.

These regulations are in place for a reason: to ensure public safety. When a trucking company or driver breaches these rules, it often demonstrates a disregard for safety and can lead to increased liability.

Violations Establish Negligence

Violating a safety statute or regulation may establish negligence per se. That means the defendant is automatically considered negligent if the violation directly caused the accident and injuries.

Working with an experienced truck accident lawyer can increase your chances of finding solid evidence to prove the driver or their employer violated regulations.

Violations Prove Who is Liable— the Truck Drivers & Companies

Both truck drivers and companies have substantial legal responsibilities and could be considered in the event of an accident.

Drivers must follow the rules of the road and maintain their vehicles. The companies must ensure compliance with regulations and proper driver training. Companies can be held vicariously liable for their employees’ actions.

Evidence Matters in Truck Accidents

Regulatory violations can be a powerful tool in building a personal injury case against a trucking company or driver.

These violations often serve as direct evidence of negligence, bolstering the plaintiff’s personal injury claim.

The Role of a Personal Injury Lawyer

A personal injury lawyer can help victims of truck accidents navigate the complex legal landscape. Lawyers can maximize their clients’ chances of recovering compensation.

Experience with Trucking Laws

A lawyer familiar with trucking regulations can identify potential violations, anticipate defenses, and evaluate liability. The trucking industry’s intense regulations, along with local and state laws, can be complicated. Your attorney can ensure your claim is legally accurate.

Your Attorney Can Investigate Your Accident

Gathering evidence after a truck accident can be complex. Trucking companies often send teams out to the site of a crash to collect and hide available evidence. They also aren’t alway obligated to share evidence that can help your case.

A truck injury attorney who is familiar with taking on these companies can help collect and preserve evidence of regulatory violations.

Maximizing Compensation

A personal injury lawyer knows how to negotiate settlements and represent clients in court to maximize compensation. Your attorney will help you calculate your claim’s total value to ensure you do not get a lowball offer.

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New York City Truck Laws FAQs

How long does a typical truck accident investigation take?

A truck accident investigation can take from months to years, depending on the complexity and availability of evidence.

What should I do immediately after being involved in a truck accident?

Get medical treatment, call 911, document the scene, exchange information with other drivers, and hire a trucking accident attorney.

Can I sue a trucking company directly for damages?

Yes, a trucking company can be directly or vicariously liable for the actions of its drivers and may be sued for damages.

What are common defenses used by trucking companies in accident claims?

Common defenses include victim blaming, unforeseeable circumstances, independent contractor liability, and time-barred claims.

How does the statute of limitations affect truck accident claims in New York?

In New York, the statute of limitations for truck accident claims is three years from the accident date. Missing this deadline may forfeit your right to recover compensation.

Contact Hecht, Kleeger & Damashek, Personal Injury Lawyers, P.C. for Help

Trucking regulations are strict in New York City and throughout the state. A violation of these regulations can indicate liability of the truck driver or trucking company, leading to compensation for damages.

Hecht, Kleeger & Damashek, Personal Injury Lawyers, P.C. can help you recover the maximum amount of compensation possible. Call today for a free case evaluation.

 

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