Federal Trucking Regulations in Texas After a Houston Crash

By Greg Baumgartner, founder of Baumgartner Law Firm

Federal trucking rules set safety duties for many truck drivers and companies. They cover driver hours, driver fitness, truck maintenance, cargo, and drug and alcohol tests. Which rules apply to a Houston crash depends on the truck, the trip, and any exceptions.

When I review a truck crash, I start with the trip. Where did the freight come from? Where was it going? Those answers help us find the rules that applied and the records the company should have kept.

This guide explains the main rules and required records. For help with the full injury claim, learn about our Houston truck accident representation.

When federal trucking rules apply in Texas

The Federal Motor Carrier Safety Administration, or FMCSA, oversees the federal motor carrier safety rules. You may see these rules called the FMCSRs. Each part has its own scope and exceptions.

Interstate shipments and local trips

Interstate commerce includes freight moving between states. But a truck does not always have to cross a state line. A Texas trip may be part of a shipment that starts or ends outside the state.

For example, a Houston delivery may be one leg of a longer interstate shipment. The truck’s route that day does not answer the whole question. We check the shipping papers, where the load came from, and where it was meant to go. FMCSA explains this in its guidance on interstate and intrastate transportation.

Texas operations and exceptions

Texas has its own truck safety laws under Transportation Code Chapter 644. The chapter allows Texas to adopt federal safety rules, with state provisions that affect their use. Rules for Texas-only trips can differ from the federal rules below.

The truck’s weight, cargo, use, and route can all matter. Some types of work have special exceptions.

My advice is to find out who ran the truck and what shipment it carried. A company calling a trip local does not settle which rules applied.

Driver hours and required breaks

For many interstate freight drivers, the general limits work together. The FMCSA hours of service summary explains these limits and the available exceptions.

The 14 hour rule limits when a driver may drive. Other work may continue after that window closes. The 30 minute break can include on duty time spent without driving. Drivers may restart the seven or eight day count after at least 34 hours off duty in a row.

Short haul work, sleeper berth use, and adverse driving conditions have special rules. Other exceptions also exist. The driver must meet the terms of any exception used. The limits above are not the schedule for every Texas truck.

Electronic logs and duty records

An electronic logging device, or ELD, records driving time and duty details. Many drivers who must keep duty logs must use one. The federal logging requirements include exceptions. A truck without an ELD is not always breaking the law.

Duty logs show time spent driving, doing other work, off duty, or in a sleeper berth. Other records can help check those logs. They may include dispatch records, fuel receipts, toll records, and shipping papers.

Carriers generally must keep duty logs and required supporting records for six months. These can help show how the driver spent the workday. Our guide to truck driver logs and ELD records explains their use after a crash.

An ELD is also different from the truck’s engine or crash data recorder. These devices can store different data. Do not assume every device keeps its data for six months.

Driver qualifications and carrier files

The carrier must use drivers who are qualified for the work. This can involve their license, driving history, medical fitness, and required checks.

The driver qualification file rule lists records the carrier must keep. Depending on the driver and the rules that apply, the file may contain:

• A job application and required driving records.
• A road test certificate or an accepted equivalent.
• Records of the required driving record review.
• Medical fitness records or related proof required by the rule.

The same storage period does not apply to every record. For some drivers with a commercial driver’s license, medical status appears in state driving records. A paper medical card alone may not show the full picture.

I ask two questions: Is the required record there, and what does it tell us about the driver? A prior crash alone does not prove that a driver was unqualified. Our page on unsafe hiring and driver qualification explains when a company’s hiring choices may support a claim.

Truck inspections and maintenance

The federal inspection and maintenance rule requires carriers to inspect, repair, and maintain trucks on a regular, planned basis. Records can show which truck was checked, when service was due, and what work was done. Specific record duties apply when a carrier controls a vehicle for 30 days or more in a row. The rule has exceptions.

Driver checks and defect reports

Before driving, the driver must be satisfied that the truck is safe to use. The driver inspection rule also covers review of the last required report and proof of repairs.

The written defect report requirements have exceptions. For many freight carriers, a written report is not required if no defect or deficiency was found or reported. A missing report alone does not show that the driver skipped a check.

A reported defect may make the truck unsafe or likely to break down. The carrier must make the required repair before using the truck again. It must also certify that listed defects were repaired or that a repair was not needed.

Periodic inspections

Covered trucks must also meet the periodic inspection requirements. In general, the listed parts must have passed inspection within the past 12 months. This is separate from the driver’s checks and the carrier’s ongoing duty to maintain the truck.

I would not stop at a current inspection sticker. A truck can develop a dangerous defect after its annual inspection. Our guide to claims involving neglected truck maintenance explains how the service history may matter after a crash.

Cargo securement and driver checks

The federal cargo securement standards address how loads must be held in place. The right method and equipment depend on the load.

The driver’s cargo inspection duties also matter. The rule generally requires checks before driving and within the first 50 miles. Later checks are due at a duty status change, after three hours of driving, or after 150 miles. Whichever happens first triggers the next check. There are exceptions for certain sealed loads and loads that cannot be inspected in a practical way.

We look at the cargo, how it was secured, and who could reach it. The carrier, driver, and loader may have different duties. Handling a load does not, by itself, make a business at fault for a later crash.

Drug and alcohol testing duties

Federal drug and alcohol rules apply to covered drivers and work. Tests may be required before a driver starts work, at random, and after certain crashes. Other events can also trigger a test.

The post crash testing rule does not require a test after every wreck. A fatal crash generally triggers tests for a covered driver who survives. Some injury or tow away crashes also trigger tests if the driver gets a qualifying moving traffic citation. The rule sets separate time limits for that citation: eight hours for alcohol and 32 hours for drugs.

For these injury cases, someone must receive medical care away from the scene right after the crash. For damage cases, a vehicle must need towing because of disabling damage.

When post crash tests are required, the employer must follow these deadlines from the time of the crash:

• At two hours after the crash, record why an alcohol test has not been given.
• At eight hours, stop trying to obtain the alcohol test and record why it was missed.
• At 32 hours, stop trying to obtain the drug test and record why it was missed.

Medical care should not be delayed for a test. A missed test does not prove that the driver was impaired. It may show a separate failure to follow the rules and leave a gap in the evidence.