What Are Truck Driver Regulations In North Carolina
Key Takeaways:
- The state of North Carolina has adopted federal trucking guidelines (49 CFR Parts 390-397) as its own. It uses the State Highway Patrol’s Motor Carrier Enforcement Section to enforce them as state law through the North Carolina trucking regulations.
- Before any driver can legally operate a vehicle, he or she must obtain a Commercial Driver’s License (CDL) per CDL requirements North Carolina, acquire a current DOT Medical Card, and have a clear record from the FMCSA drug and alcohol clearinghouse rules.
- The truck driver hours of service NC are capped at 11 hours of driving (for interstate truck drivers) and require the use of electronic logging devices to automatically record these driving hours.
- If there is a violation of one of the NC commercial truck laws, the actual evidence of the violation is contained in records that disappear quickly; therefore, sending a Notice to Preserve Evidence early is essential in preserving those records.
What are truck driver regulations in North Carolina? The truck driver regulations in North Carolina are a series of federal safety rules, set by the Federal Motor Carrier Safety Administration, dealing with licensing, driving hours, drug testing, inspection, maintenance, and cargo issues, which have been adopted into North Carolina’s state laws and enforced on every single road within the state.
All of these rules are federal rules. North Carolina did not create its own regulation book concerning trucks. The state just adopted the existing federal safety standards and gave the power to enforce them to its own enforcement agencies.Â
In case of a violation of any of the above-mentioned NC commercial truck laws by a truck driver or trucking company, two actions take place simultaneously: it explains how the accident occurred and moves the focus away from you to the rule violated by the driver.Â
I’m Robert Tatum, attorney at Tatum & Atkinson Law Firm, which is what I am known as. Since 2006, we have been one of the leading veteran-owned law firms that have 65 years of collective experience working on cases of what are truck driver regulations in North Carolina. If you have been hurt in a truck accident, we know how to handle North Carolina trucking laws.
Where North Carolina Truck Regulations Come From
Primarily, these regulations were enacted in Washington and later in Raleigh.
The Federal Motor Carrier Safety Administration (FMCSA) promulgates the FMCSA regulations North Carolina in Title 49 of the Code of Federal Regulations. These regulations control interstate carriers or the entities transporting cargo across state lines.Â
On its part, North Carolina filled the loopholes by regulating the trucks not operating out of state. According to 14B NCAC 07C .0101, North Carolina State implemented the provisions of 49 CFR Parts 390-397 to apply to intrastate carriers also. Now, the answer to this question, “Do federal truck rules apply to intrastate NC carriers?” is that they apply to all commercial motor vehicles weighing 26,001 pounds or above, designed to carry 16 passengers, and hazardous cargo requiring placards.
According to N.C.G.S. § 20-381, law enforcement officials can stop trucks, conduct an inspection, and place them out-of-service, in case their condition and loading make the truck hazardous. Law enforcement officials who conduct inspections of trucks and audit carrier records on I-40, I-85, and I-77 freight corridors follow the regulations same as what trucking rules apply to NC highways, which officials patrolling these highways follow.
Practical example: a wreck on I-77 near the border of Virginia may be subject to both the interstate framework and North Carolina trucking regulations, or one of them only. Identification of the appropriate framework is one of the first decisions made in any trucking case.
Commercial Driver’s License (CDL) Requirements
There are three classes, and it does not come easily.
Commercial driver’s licenses in North Carolina are issued by the NCDMV as per the CDL requirements North Carolina. The driver who drives an 18-wheeler needs to have the appropriate license class, endorsements required based on the cargo carried, and up-to-date medical certification.
The 3 License Classes
- Class A. A combination of vehicles weighing over 26,000 pounds with a towed unit above 10,000 pounds.
- Class B. Any single vehicle weighing more than 26,000 pounds. Examples include a dump truck and large box trucks.
- Class C. Passenger-carrying vehicles of 16 passengers or hazardous material vehicles.
Age, Permits, and Training
The driver should be at least 18 years old to drive commercially within the state of North Carolina and 21 years old to drive across state lines or carry hazardous materials.
Before receiving the complete license…
- The applicant receives the Commercial Learner’s Permit, and it is held for 14 days minimum, and takes federally registered entry-level driver training.
- The DOT physical conducted by a certified medical examiner is mandatory, and the medical card is usually good for a maximum of 24 months.
The drivers also self-certify their commercial driving as either interstate or intrastate and whether they are excepted or non-excepted, which determines the requirements for the medical card. The expired medical certificate puts the driver at risk of losing his/her CDL driving privileges, and the company that permits such an expiration is at fault for the paperwork that is immediately evident after a wreck.
Hours-of-Service Limits and Driver Fatigue
It is 11 hours, the maximum allowable driving time under federal law.
There is only one objective that the truck driver hours of service, described in 49 CFR Part 395, is supposed to achieve, and it is ensuring that an exhausted truck driver who drives an 80,000-pound truck does not endanger anyone on the road. As far as interstate property-carrying drivers go, the rules of operation are pretty clear.
- 11-hour driving limit
- 14-hour period
- 30-minute break
- 60/70-hour limit
Once a driver exceeds the limit in order to meet the delivery time slot, fatigue becomes an obvious reality and not a possibility.
Electronic Logging Devices (ELDs)
Paper logs were not always truthful. Electronic Logging Devices (ELDs) are not accurate, but at least they are harder to destroy.
In most cases, those drivers who are required to maintain a record of duty status have to use an electronically certified logging device. The ELD is connected to the engine of the vehicle and automatically records information about time spent on driving, engine hours, location, and movements. This device replaced the old paper logging book, which could easily be tampered with and rarely proved anything.
There are only a few exceptions for the usage of the logging device: short-haul drivers staying within 150 air miles from the original point, pre-model-year 2000 trucks, and drivers maintaining their duty status records for no more than 8 days per 30 days. Everyone else has to use this device, and the information that it records is very valuable for a truck accident investigation.
Driver Qualification and Medical Standards
According to 49 CFR Part 391, a carrier has to develop and maintain the driver qualification file for each individual. This file is meant to prove that the carrier has taken the necessary steps to ensure that the driver was qualified before being employed.Â
The file should contain information such as the driver’s application, evaluation of the driver’s motor vehicle record, driving test or its equivalent, and a current medical examiner certificate issued by an examiner who is included in the FMCSA National Registry.
The medical requirements exist. They require drivers to have the minimum vision and hearing ability, and there are certain disabilities that can disqualify drivers. If a carrier hires a driver knowing about his disqualification or avoids checking his background, it is not just a formality.Â
Rules on Alcohol and Drug Testing
The federal guidelines under 49 CFR 382, along with the testing procedures provided in Part 40, control the consumption of alcohol and drugs by CDL drivers.
A positive test, refusal to test, and any alcohol violation are reported to the FMCSA drug and alcohol clearinghouse rules, a nationwide registry that employers have to check before employment and at least once a year after that.
Truck Inspection and Maintenance Rules
The obligations range from the beginning of the driver’s day until the records of the carrier.
Daily Driver Inspections
The driver should conduct an inspection and note any defects that would pose safety hazards. When defects are identified, the driver conducts a report at the end of the day using the driver vehicle inspection report. If a defect noted on one day was not noted on the other day, it will paint a picture of negligence by the company.
Inspection Requirements for Each Year and the Federal Certificate
Each year, each commercial truck must have a periodic inspection done. North Carolina takes it a little bit further and requires that the commercial trucks, which come under the jurisdiction of Part 396, display a valid federal inspection certificate inside the vehicle in such a way that it can be seen by an officer during a roadside inspection.
Maintenance and Documentation
The carriers should ensure proper maintenance of the vehicles along with the proper documentation that proves that the maintenance was done properly: brake maintenance, tire condition check, lighting check, and steering check. The brakes are one of the major causes of truck accidents.Â
Cargo Securement Rules
There are criteria for tying down freight under cargo securement standards in Part 393, Subpart I of 49 CFR regulations. These criteria determine the number of ties and their strength according to the weight and size of the cargo and special commodity requirements for logs, vehicles, and other heavy equipment.
Two types of accidents can occur due to failure to secure cargo: the spillage of the cargo itself and the shift of the center of gravity, which results in the loss of control over the vehicle.Â
Weight and Size Limits in North Carolina
North Carolina truck weight limits are found in N.C.G.S. § 20-118. The maximums for a normal truck include the following:
- Single axle: 20,000 pounds.
- Tandem axle: 38,000 pounds (North Carolina’s maximum; more than the 34,000 pounds maximum tandem allowable by federal law).
- Gross weight of vehicle: 80,000 pounds if the vehicle is a five-axle vehicle meeting the federal bridge formula.
The truck that was overweight enough that it required 50 more feet to stop is both a weight violation and a cause of injuries.
Hazardous Materials Transportation Rules
The hazmat endorsement requirement for drivers carrying placardable quantities is an additional test and a background investigation by the federal government.
In the event of a hazmat truck accident, the violations become twofold:Â
- The accident itself, plus any failure in classification
- Securing
- Or placarding that caused additional damage or risk to the first responders.
Common Trucking Violations and How They Cause Crashes
The truck accident is usually caused by violations that could have been prevented by following some rules. The process of identifying violations is essential in helping determine liability in the case and compensation:
Hours-of-service violations
The driver exceeded his truck driver hours of service NC, became tired or unable to react fast enough, and ran into the other vehicle.
Doctored records
False information to cover up over-driving. Not so common now with ELDs, although comparison of data provided by the device and fuel and toll data may prove helpful.
Defective brakes and maintenance
A known defect in the truck’s brakes that went unattended results in a truck that fails to slow down in time.
Overweight or incorrectly loaded truck
Either too much weight or a high center of gravity causes the vehicle to take longer to slow down, violating North Carolina truck weight limits.
Improper cargo securement
An improperly secured load that falls off the truck or moves within the trailer, causing an imbalance.
Substance violations
The driver was impaired by drugs or alcohol, as indicated by a failed or missed test.
Drivers with invalid licenses or unqualified to drive
The driver was not properly screened before hiring or stayed with the company after a disqualifying event, violating the CDL requirements North Carolina.
How a Regulatory Violation Changes a North Carolina Truck Accident Claim
A violation is not simply embarrassing for a trucking company, but may very well make the case.
In North Carolina, understanding how truck regulation violations affect a NC accident claim, a violation of a safety regulation can be used as direct proof of negligence.Â
If a driver or a carrier violates a regulation meant to safeguard public interest and the violation results in an injury that such a regulation intended to avoid, it is strong proof of negligence on the part of a defendant. The jurors are no longer trying to figure out what constitutes due care, the regulation told them.
A trucking company is liable for any conduct of its drivers during the performance of the job and also bears responsibility for hiring qualified drivers, maintaining its trucks, and observing the truck driver hours of service NC regulations. If a company failed to do either of these things, it would be sued directly rather than the driver behind the wheel. It makes a difference because it is the company, not the driver, that has the insurance.
And then there is the issue of 1%. Under North Carolina’s contributory negligence system, if it is determined that the injured party was even 1% at fault in their injury, they would not be able to recover anything under the law.Â
The evidence that supports your claim begins to disappear within weeks
A preservation letter sent early can be the difference between a viable case and a he said/she said. There is no cost for the initial call.Â
Evidence Used to Prove a Regulatory Violation
Trucking lawsuits win or lose based on paperwork. Much of this paperwork is maintained by the company that you have sued.
Winning a violation claim is all about getting the papers while you still have access to them. Important sources of documentation include:
The electronic log
The driver’s hours, where he was going, and how fast he was traveling, all captured right from the engine. Some of these records have an approximate 6-month lifespan, making time critical.
The driver qualification file
Proof that the company properly evaluated the driver during the hiring process and that the driver had an up-to-date medical card.
The maintenance and inspection records
Driver vehicle inspection reports and any related maintenance records, showing when and what the company knew about a defect.
The Drug and Alcohol Clearinghouse
Any testing that needs to be done but is not, or that is done and fails.
The truck’s data
The engine control module, or ‘black box,’ often contains the truck’s speed, braking, and throttle in the moments leading up to an accident.
Reports from roadside inspections and accident reports
Out-of-service order and official investigation by motor carrier enforcement of the State Highway Patrol.
Shipping papers and bills of lading
What the truck was hauling, how much it weighed per North Carolina truck weight limits, and the schedule that might have driven the trucker to distraction.
The most important first step is the spoliation letter that alerts the trucking company not to destroy anything from the list above. Send it late, and the most damaging information might have been erased from the system already. If you send it on time, there will be nothing hiding behind this violation.
Why These Rules Matter After a Crash
In case one of such NC commercial truck laws is violated, and someone suffers injury, the violation is hardly ever a mere regulatory infraction. Rather, it becomes the reason why the accident occurred, and, in a contributory negligence jurisdiction, the fact that sustains the claim of an injured person. Identifying the requirement and proving its violation is the task.
Talk to a North Carolina Truck Accident Lawyer at Tatum & Atkinson
Should you find yourself wondering where you are with regard to your situation following a major truck accident, then the fact that you don’t know is good enough to give us a call. Week one is all medical appointments and paperwork. Legal matters can wait until you can handle them, but the facts supporting them cannot.
Tatum & Atkinson has been representing victims of truck accidents in North Carolina since 2006 from our offices in Raleigh at 702 Glenwood Avenue and by appointment in Greensboro, Charlotte, and Cedar Bluff, Virginia.Â
The Heavy Hitters know what the insurance adjuster is going to do before he does it: the recorded statement tactic, the 1% fallacy, and the race for control over the facts. They also know which documents prove a violation of FMCSA regulations North Carolina and how quickly they will disappear.
Give us a call on 800-529-0804 for a free case review. Your initial phone call lasts for around 20 minutes.
FAQs: What are truck driver regulations in North Carolina?
How much does it cost to hire a North Carolina truck accident lawyer?
Nothing upfront. In Tatum & Atkinson, we represent victims of truck accidents in contingency cases, which means that our fees are based on a percentage of recovery; you will pay nothing if we don’t win your case. The initial meeting is free. In many cases, this is the only way in which one can get the legal side handled without piling another bill on an already heavy stack.
Will my truck accident case go to trial?
While most of them may not, you should be working with a firm that is ready to. In most of the cases, the settlements occur once there is enough proof about a violation of NC commercial truck laws and the insurance company sees the extent of liability.Â
Can I still recover if the trucking company says I caused part of the crash?
Maybe, and this is why North Carolina is merciless. Since you cannot recover any compensation if you were even 1% at fault, the entire approach of the insurer is often aimed at blaming you a bit.Â
Why does the trucking company’s insurance company get involved so fast?
Because the sum of money involved is great, they want an advantage right away. According to federal law, interstate trucking companies carrying general freight should have no less than $750,000 in liability insurance, and usually, it is much higher.Â
Do these regulations apply to out-of-state trucks driving through North Carolina?
Certainly. Interstate carriers are regulated by FMCSA regulations North Carolina wherever they operate, and the North Carolina version applies to the streets of North Carolina wherever the truck may originate from.
How soon after a truck crash should I talk to a lawyer?
Sooner than you would like. The first week after a bad accident involves going to doctors and trying to make sense of what happened, but the legal process has to wait until you are ready.
