The civil cases resulting in NUCLEAR VERDICTS sound the alarm for tort reform. Nuclear verdicts are increasing both in amounts and frequency and the need for tort reform across the nation, especially in so-called “judicial hellholes”. Motor carriers need to be operating safely and compliant. This calls for a “Safety Culture” attitude within the management and employees. It is imperative that drivers are WELL vetted, DQ files are current, and HOS regulations and FMCSRs are followed and obeyed by ALL employees.
The FMCSA Driver Violations In 2023 show that many drivers and motor carriers are not operating safely and in compliance.
Operating a CMV Without a CDL (53,317 OOS Orders)
ELD – No Record of Duty Status (ELD Required) (33,603 OOS Orders)
False Report of Driver’s Record of Duty Status (30,772 OOS Orders)
No Record of Duty Status When One Is Required (ELD Not Required) (13,075 OOS Orders)
Driver Does Not Have a Valid Operator’s License for the CMV Being Operated (8,569 OOS Orders)
Driver Failing to Retain Previous 7 Days Records of Duty Status (8,298 OOS Orders)
Operating a Property-Carrying Vehicle Without Possessing a Valid Medical Certificate (6,259 OOS Orders)
Driver Operating a CMV Without Proper Endorsements or in Violation of Restrictions (6,023 OOS Orders)
Prohibited From Performing Safety Sensitive Functions Per 382.501(a) in the Drug and Alcohol Clearinghouse (5,447 OOS Orders)
False Record of Duty Status – Improper Use of Personal Conveyance Exception (4,855 OOS Orders)
The same for CMV violations discovered in 2023.
Tire-Flat and/or Audible Air Leak 393.75A3 (98,922 OOS Orders)
Brakes Out of Service: The Number of Defective Brakes Is Equal to or Greater Than 20 Percent of the Service Brakes on the Vehicle or Combination 396.3ABOS (49,501 OOS Orders)
Inoperative Turn Signal 393.9TS (43,200 OOS Orders)
No/Improper Breakaway or Emergency Braking 393.43 (27,965 OOS Orders)
Flat Tire or Fabric Exposed 393.75A (23,127 OOS Orders)
Inoperative Brake Lamps 393.9BRKLAMP (22,893 OOS Orders)
Inoperable Required Lamp 393.9 (18,929 OOS Orders)
Brake Tubing and Hose Adequacy 393.45 (15,977 OOS Orders)
Axle Positioning Parts Defective/Missing 393.207A (12,574 OOS Orders)
Leaking/Spilling/Blowing/Falling Cargo 393.100B (12,518 OOS Orders)
These driver and vehicle violations indicate that many motor carriers are failing to adhere to the guiding star of compliance, the FMCSRs. The plaintiff attorneys do not have to look far for the portable ATMs for large payouts.
49CFR part 390.1(e) Knowledge of and compliance with the regulations;
(1) Every employer shall be knowledgeable of and comply with all regulations contained in this subchapter that are applicable to that motor carrier’s operations.
(2) Every driver and employee involved in motor carrier operations shall be instructed regarding, and shall comply with, all applicable regulations contained in this subchapter.
(3) All motor vehicle equipment and accessories required by this chapter shall be maintained in compliance with all applicable performance and design criteria set forth in this subchapter.
