Understanding Federal Trucking Regulations and Compliance
What are the Trucking laws in Colorado? There are several laws and regulations that truck drivers and trucking companies need to abide by in order to keep their drivers safe, but also other individuals on the roads in Colorado. These laws apply to both intrastate (within Colorado) and interstate (across state lines) trucking activities. Complying with all FMCSA regulations not only ensures safety but also helps to avoid penalties. If you suspect a violation of these regulations led to an accident, a Denver truck accident lawyer at Boesen Law can help you determine the next steps.
Key Aspects of Colorado’s Trucking Laws
We’ll discuss the following topics regarding trucking laws in Colorado:
- Weight Limits and Permits
- Hours of Service (HOS)
- Commercial Driver’s License (CDL) Requirements
- Vehicle Maintenance and Inspection Standards
- Drug and Alcohol Testing Regulations
- Cargo Securement Rules
Federal trucking regulations enforce strict standards to ensure the safety of U.S. highways and protect truck drivers. These laws aim to reduce accidents and promote responsible commercial vehicle operations nationwide. However, when accidents occur, these regulations significantly impact the process of determining liability and filing personal injury claims.
If you’ve been involved in a trucking accident in Denver, you must understand these regulations thoroughly, as non-compliance can significantly impact legal outcomes. Here, we’ll explore key federal trucking regulations, their relevance in Denver, and how they affect personal injury claims, offering valuable insights for drivers and those affected by trucking accidents.
Key Trucking Regulations Impacting Denver
The Federal Motor Carrier Safety Administration (FMCSA) enforces several regulations for the trucking industry. From driver qualifications to vehicle maintenance, these laws cover various aspects, including:
Weight Limits
- Maximum Gross Weight: Colorado follows federal guidelines, meaning the maximum gross vehicle weight (GVW) is typically 80,000 pounds for trucks operating on interstate highways. Trucks that exceed this limit may require an overweight permit.
- Axle Weight Limits: The weight per axle is also regulated. In general, the maximum weight on a single axle is 20,000 pounds, and for a tandem axle, it’s 34,000 pounds.
- Permits: For loads that exceed these limits, trucking companies must obtain oversize or overweight permits from the Colorado Department of Transportation (CDOT).
Hours of Service (HOS) Regulations
These regulations limit the number of consecutive hours a truck driver can operate a vehicle to prevent fatigue, a significant cause of accidents. Here are the key rules:
- 11-hour driving limit: A driver can operate a vehicle for a maximum of 11 hours after taking 10 consecutive hours off duty.
- 14-hour limit: After coming on duty, a driver must not drive beyond the 14th consecutive hour following a 10-hour break.
- Rest breaks: Drivers need to take a 30-minute break after driving for 8 cumulative hours without at least a 30-minute interruption.
- 60/70-hour limit: Drivers cannot drive after spending 60/70 hours on duty in 7/8 consecutive days, but they can reset this limit with a 34-hour restart.
Commercial Driver’s License (CDL) Requirements
In Colorado, all commercial truck drivers must have a valid Commercial Driver’s License (CDL) to operate large vehicles. The process for obtaining a CDL involves the following requirements:
Knowledge test: Pass a written knowledge test covering vehicle operation, federal regulations, and state laws.
Skills test: Demonstrate proficiency in vehicle inspection, basic vehicle control, and on-road driving at an approved testing facility.
Medical certification: Obtain a DOT medical card from an FMCSA-certified medical examiner. This verifies the applicant meets the physical qualifications necessary to operate a commercial vehicle safely.
Vehicle Maintenance and Inspection Standards
The FMCSA mandates annual inspections to ensure the safety of commercial motor vehicles. These are performed by certified inspectors, who cover essential components such as brakes, steering, lights, tires, and suspension to identify any safety-related defects.
Additionally, trucking companies must maintain detailed records of all maintenance and repairs, documenting the vehicle’s identification and the nature and due date of inspections and maintenance operations.
Drug and Alcohol Testing Regulations
According to an FMCSA report, there were 7,657 cases of drug and alcohol violations observed during traffic enforcement inspections in 2022. To prevent substance abuse-related accidents, federal law mandates regular drug and alcohol testing for commercial drivers, including:
- Pre-employment testing: Employers must conduct a drug test and receive a negative result before allowing a commercial driver to operate a commercial motor vehicle.
- Random testing: Commercial drivers are subject to unannounced random testing throughout the year.
- Post-accident testing: This testing is required following certain types of accidents, particularly when there is a human fatality.
- Reasonable suspicion testing: Employers must conduct testing when there is a reasonable suspicion that a driver is under the influence of drugs or alcohol.
Cargo Securement Rules
To prevent accidents caused by shifting or falling loads (which is especially important in Denver’s high-altitude and windy conditions), the FMCSA outlines specific cargo securement rules.
On the one hand, drivers must secure tie-downs to prevent them from loosening or unfastening during transit, and they should use edge protection where tie-downs might suffer abrasion or cutting. Also, the number of tie-downs depends on the length and weight of the cargo.
Working load limit (WLL) of the securement system should be at least half the weight of the cargo. Remember that specific commodities like logs and metal coils have unique securement requirements that override general rules.
Lastly, drivers must inspect cargo and securement devices before and during trips to ensure everything remains properly secured, adjusting and re-securing cargo if needed.
Attorney Jon Boesen has handled numerous truck accident cases in Colorado. Call him to answer any of your legal questions if you were seriously injured by a negligent trucking company. Boesen Law offers free consultations for personal injury cases.
Common FMCSA Violations and Penalties
- Non-functional required lamps: When required lighting devices on a commercial motor vehicle are not functioning, fines are typically around $50 to $100 per occurrence, depending on the jurisdiction and circumstances.
- Operating a CMV without periodic inspection: Failure to conduct regular inspections can lead to fines of approximately $1,500 per day for each day the vehicle is operated without the required inspections.
- Brake system violations: If brakes are defective, the vehicle can be placed out of service and fines can exceed $7,000 per occurrence.
- Drug and alcohol testing violations: Failing to implement or comply with required drug and alcohol testing programs can result in fines that range from $3,800 for a first offense to over $7,700 for subsequent offenses.
If you were involved in a trucking accident that you think was caused by these or other violations, it’s important to secure legal assistance promptly. Injuries can happen from all types of truck accidents on the road, such as from an 18 wheeler accident, from a semi truck accident, from a commercial truck vehicle accident, or a large van or bus accident.
At Boesen Law, we can help you through every stage of the legal process, advocating for your rights and best interests and seeking the maximum compensation possible for your case. Feel free to explore our case results for examples of past successful outcomes we’ve helped secure in truck accident cases in Colorado.
Steps to Take After a Truck Accident
Taking immediate action after a truck accident will protect your rights and strengthen your case. Here’s what to do:
- Call emergency services
- Seek medical attention
- Report the accident to the police
- Document the scene
- Gather contact information from witnesses and involved parties
- Notify your insurance company
The Impact of Trucking Regulations on Personal Injury Claims
When filing a personal injury claim, demonstrating that a trucking company or driver violated federal regulations will significantly strengthen the case. To prove liability, it’s crucial to collect evidence (such as maintenance records, HOS logs, and drug test results).
Generally, violations of federal regulations lead to favorable outcomes for plaintiffs. However, navigating personal injury claims involving these regulations is complex, and hiring an attorney will help gather the necessary evidence and build a strong case.
Get in Touch with a Truck Accident Attorney Today – Available 24/7 for Our Clients in Denver
For those affected by trucking accidents and wondering what the trucking laws are in Colorado, seeking professional legal advice can make all the difference in achieving a fair outcome. At Boesen Law, our award winning Colorado personal injury law firm team has decades of experience helping injured individuals secure the compensation they deserve, and we can do the same for you.
To get started, contact us today to schedule a free in-person consultation. Plus, there are no fees unless we win your case!
