Guide · Tort

Commercial Motor Vehicle Law: A Comprehensive Guide to Federal Safety Regulation, Carrier Liability, and Trucking Claims

49 U.S.C. § 31136

Type
Guide
Jurisdiction
National
Date
2024-04-19
Topic
Tort

This guide sets out the law of commercial motor vehicle liability for plaintiffs' counsel, defense counsel, carriers, and safety professionals. Part 1 maps the statutory and regulatory architecture in Title 49 and identifies which regulation supplies which duty, while Parts 2 through 5 work through driver qualification, hours of service and the electronic records that now prove compliance, vehicle maintenance and cargo securement, and controlled substances testing including post-accident windows. Part 6 develops the theories of carrier liability beyond respondeat superior and the admission gambit that can eliminate them. Part 7 addresses brokers, shippers, owner-operators, and the preemption question dividing the circuits. Part 8 covers insurance architecture and the MCS-90 endorsement, and Part 9 treats preservation and spoliation under Rule 37(e). Parts 10 through 14 address damages, defense strategy, carrier compliance programs, a worked example, and the questions that recur in every case.

Commercial Motor Vehicle Law: A Comprehensive Guide to Federal Safety Regulation, Carrier Liability, and Trucking Claims

Tort > Trucking and Commercial Motor Vehicles | Published 19 April 2024 - Updated 8 May 2025 | UpLaw - uplaw.us

Part 1 — The Architecture

Statutory authority. 49 U.S.C. § 31136 directs the Secretary to prescribe minimum safety standards ensuring that commercial motor vehicles are maintained and operated safely, that the responsibilities imposed on operators do not impair their ability to operate safely, that operators are physically qualified, and that operators are not coerced. 49 U.S.C. § 31502 authorizes requirements for qualifications, maximum hours of service, safety of operation, and equipment. 49 U.S.C. § 31100 states the purpose of the motor carrier safety assistance program and 49 U.S.C. § 31102 funds state enforcement.

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