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FMCSR Expert Witness:
Driver's Receipt Required for Federal Motor Carrier Safety Regulations


By Jim Acock

Truck Accident Expert Witness & Safety Expert Articles


Although the official name is Federal Motor Carrier Safety Regulations, it should be referred to as the Federal Motor Carrier “SAFETY RULES”. These are the “Safety Rules” that govern the safe operations of commercial trucks on our Nations Highways. They are the “minimum” standards written and developed to guide people and/or companies who use commercial motor vehicles, and who drive the vehicles for economic reasons. 
The Regulations were written primarily to protect the general motoring public and users of the equipment.  Drivers and companies are “required” to have the knowledge put forth in the Regulations.  In that regard, interestingly enough, it is seldom that that you will find a driver who has read these Regulations.  It is a rare driver, indeed, who can answer the questions related to Part 392 of the Regulations which directly relates to the driving of commercial motor vehicles.  Many safety directors also have little knowledge of the Regulations.  Questions regarding knowledge of these Regulations are very informative. 
Drivers must have the knowledge and information contained in the Regulations, and indeed must sign a document that says they agree to familiarize themselves with the Regulations.  The page they sign is the first page in the FMCSR Pocketbook that they receive when they are hired by a motor carrier (see below). The company also has to sign the page, and then place it in the driver’s qualification file.  This item is a vital part of the driver’s qualification file, as it puts the driver and the company in the position of having to have knowledge of the safety requirements.  Safety is directly related to knowledge, and it is the regulatory intent and also only the “minimum” standards. Lack of knowledge of and failure to follow these “Safety Rules”, can and does lead to commercial motor vehicle accidents.


Driver's Receipt - Truck Driver Expert Witness


Note: Required knowledge as per Part 383, Section 383.111 includes knowledge of all Parts of the Federal Motor Carrier Regulations, Parts 382 through 397, and much more.
It is easily seen that companies do not want to spend time (= “money”), developing knowledge regarding safety.  Passing out the book, obtaining a signature and implementing a written test, is not nearly enough.  What is important, are driver interviews, questions, and discussions with the drivers as they go through the employment process, probationary period and periodic and/or annual reviews
We at D&A Consultants Inc. having driven for many years operating under these “Safety Rules” have the knowledge and expertise to guide you through the maze of information available to the companies and commercial drivers on our Nations highways.
These “Rules” are in a constant state of change and updating so one needs to keep current on the changes and be knowledgeable of what the “Safety Rules” were at the time of an event.

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