Maryland Law Governing Truck Drivers and Truck Accidents
In 1935, in response to the growing
number of serious and fatal car and truck accidents in the United
States since the motor vehicle became a prominent part of the
American landscape, Congress passed the Motor Carrier Act which
created the Bureau of Motor Carriers of the Interstate Commerce
Commission (the "ICC"). The ICC promulgates and enforces
safety regulations in the trucking industry. The safety regulations
developed by the ICC are called the Federal Motor Carrier Safety
Regulations (FMCSR). These regulations are found in the Code of
Federal Regulations. The FMCSR states that the purpose of these
regulations is to "help reduce or prevent truck and bus accidents,
fatalities and injuries by requiring drivers to have a single
commercial motor vehicle driver's license and by disqualifying
drivers who operate commercial motor vehicles in an unsafe manner."
See 49 CFR 383.1(a).
Truck accident lawyers in Maryland
need to be familiar with Title 49, Parts 350 to 399 of the FMCSR
which deal specifically with commercial trucks. While the trucking
industry was deregulated substantially in the last 20 years and
the licensing and monitoring of professional truck drivers is
now handled on the state level, the FMCSR continues to provide
safety standards by which professional truck drivers and motor
carriers are required to follow in the operation of commercial
motor vehicles. The FMCSR standards apply to all interstate trucking
operations in the United States, including Maryland. With respect
to intrastate trucking (truck operating only in Maryland), Maryland
has adopted virtually some of the FMCSR regulations with change,
specifically Parts 382, 390-393, and 395-399 have been incorporated
by reference into Maryland law with only minor exceptions (such
a Part 391 exception for farmers transporting by truck farm products
within 150 miles of the farm).
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