Why Knowing the FMCSA Regulations Matters
Truck accident lawyers who understand the different types of FMCSA violations, including Hours of Service rules violations.
The Federal Motor Carrier Safety Administration (FMCSA) regulates commercial driving in the United States. Commercial truck drivers and commercial truck companies need to understand what regulations apply to them, what actions they must take, and the consequences for noncompliance. At Soroka & Associates, we understand the broad range of truck regulations and industry standards that govern trucking safety. Our Columbus truck accident lawyers work with truck safety professionals, truck parts experts, traffic reconstruction experts, and many other experts to help show how your truck accident happened, why it was preventable, and who is responsible.
How can we help?
- What does the FMCSA do?
- How does the FMCSA regulate driving requirements?
- How does the FMCSA regulate drunk driving and drugged driving by commercial truck drivers?
- How does the FMCSA regulate truck inspections and maintenance?
- What are FMCSA electronic medical certificates?
- How do you use FMCSA violations to prove negligence?
- Do you have a Columbus FMCSA truck regulation lawyer near me?
What does the FMCSA do?
The FMCSA is a US Department of Transportation agency whose goal is to prevent commercial motor vehicle-related fatalities and injuries. The authority of the FMCSA is based on the Motor Carrier Safety Improvement Act of 1999. The FMCSA works to achieve its goals through developing and enforcing safety regulations, “targeting high-risk carriers and commercial motor vehicle drivers, improving safety information systems and commercial motor vehicle technologies, strengthening commercial motor vehicle equipment and operating standards; and increasing safety awareness.”
Some of these standards include:
- Testing drivers and granting commercial driver’s licenses to qualified drivers
- Collecting data about motor carrier safety
- Working to remove high-risk carriers from US roads
- Conducting and coordinating research to keep commercial truck driving safe
- Providing states with financial help “for roadside inspections and other commercial motor vehicle safety programs.”
- Other actions
How does the FMCSA regulate driving requirements?
Generally, drivers of commercial trucks (such as most tractor-trailers, tanker trucks, and other large trucks) that weigh in excess of 26,000 pounds must obtain a commercial driver's license from their home states. Drivers can have only one CDL license.
To obtain a commercial driver's license (CDL), the FMCSA requires that the driver decide what type of truck they want to drive and the class of CDL they need. They need to obtain a CDL permit so they can practice driving with a qualified CDL driver. Generally, applicants must take a driving education course.
Permit holders must pass a pre-trip inspection test, a basic controls test, and a road test. Drivers must be 21 or older to drive across state lines or transport hazardous materials, and they cannot have any disqualifying criminal offenses.
The FMCSA also requires that applicants for a commercial license permit have a valid state driving license and pass a medical exam.
How does the FMCSA regulate drunk driving and drugged driving by commercial truck drivers?
Generally, employers are required to report if a driver has a BAC of .04 or higher, has a positive drug test, refuses to take a drug or alcohol test, or has knowledge that an employee drank while on duty or within four hours before coming on duty. If an employee violates the FMCSA alcohol and drug requirements, the employee must complete a return to duty program before being allowed to drive again – along with complying with any Ohio criminal conviction requirements or motor vehicle requirements.
The FMCSA mandates that drug and alcohol violations be reported to a national clearinghouse. Typically, all CDL applicants must take and pass an alcohol and drug test. Any truck driver who is involved in a fatal accident or an accident for which the driver receives a citation (due to an injury or vehicle-disabling accident) must also take an alcohol/drug test. Testing is also required if an employer randomly requests a test, when a supervisor suspects alcohol or drug use, or as part of the return to duty process.
How does the FMCSA regulate truck inspections and maintenance?
The FMCSA also mandates different types of truck inspections, including the following:
- Roadside inspections
- Pre-trip inspections
- Intermodal Equipment Provider (IEP) inspections
Inspections include examining a truck's tires, wheels, brakes, lighting and electrical systems, safety equipment, and load securement.
The most common types of FMCSA violations include the following:
- Hours of service violations
- Driver credential problems
- Vehicle condition problems
- Cargo securement violations
The FMCSA recommends that truck drivers and trucking companies use the latest software technology to help stay in compliance with their FMCSA requirements.
What are FMCSA electronic medical certificates?
The FMCSA passed a new rule, effective June 23, 2025, creating a digitalized medical examination system to replace outdated paper documents, modernizing how driver medical certification information is transmitted securely. The FMCSA program now integrates the medical examiner’s certification information with state driver’s license agencies.
The FMCSA states that the rule helps ensure that only qualified drivers can drive while also providing state and other enforcement departments with the information they need. Transport Topics reports that “37 states are fully compliant with the new rule, and the remaining states are expected to meet all requirements in the coming months.”
CDL applicants must be examined by medical examiners before they can qualify for a CDL license to ensure they are healthy enough to drive. Some commercial trucks weigh as much as 80,000 pounds, making these rules important for everyone on the road.
How do you use FMCSA violations to prove negligence?
Our truck accident lawyers examine each case for potential Federal Motor Carrier Safety Rule violations, and apply evidence of those violations to your personal injury or wrongful death case.
Our lawyers use evidence of Federal Motor Carrier Safety Rules (or, if possible, any enforcement actions) as additional evidence to show that a truck driver or a trucking company is responsible for your truck accident. We demand compensation for all your medical expenses, lost income and benefits, physical pain and emotional suffering, property damage, loss of bodily function, scarring and disfigurement, and the inability to enjoy life’s pleasures.
Do you have a Columbus FMCSA truck regulation lawyer near me?
Yes. We meet truck accident victims and families at our Columbus, Ohio, office located at 503 South Front Street, Suite 205. If your injuries prevent you from traveling, we can see you at your home or at a nearby health facility. Our lawyers also discuss cases by phone and through Zoom, FaceTime, and other online video platforms.
We’re prepared to answer your questions, explain your rights, and calmly and clearly prepare you for each step of your case.
Speak with our seasoned Columbus truck accident attorneys
Truck accidents often cause deaths, catastrophic injuries, permanent injuries, or injuries that require months or years of treatment. At Soroka & Associates, we understand the unique challenges in holding truck drivers and trucking companies liable, including the various FMCSA regulations that govern the driving of commercial trucks. Our lawyers have helped many truck accident victims obtain the recoveries they deserve. Please call us or fill out our contact form to schedule a free consultation.