Commercial truck drivers are held to certain federal regulations as well as Florida DOT commercial vehicle regulations when operating on Florida roads. These rules and regulations help keep everyone on the road safe, and the truck driver, their employer, and potentially other parties may be held liable if a violation has contributed to a truck accident.
If you have been hurt in a collision with a large truck, you may be able to pursue compensation for your injuries, property damage, and other losses if the truck driver or other trucking industry parties were responsible. In Florida, a Pensacola truck accident lawyer at Cardoso Law, PLLC, can help you seek the compensation you deserve for your losses.
Our legal firm has a proven track record of success in truck accident injury claims, and we have recovered millions of dollars in settlements and verdicts on behalf of our deserving clients. To quote from one of our client testimonials:
“Ryan is a fantastic attorney with experience, grit, and integrity. We feel absolutely blessed to have the opportunity to have his guidance, counsel, and professionalism in law. His team was responsive, kind, and thorough. 10/10 will recommend to anyone in need of an attorney. Thank you, Ryan!”
– Dana W. (5 Star Review)
Contact Cardoso Law today for a free legal consultation about seeking justice after being injured in a Florida truck accident.
What is a Commercial Motor Vehicle in Florida?
Florida law says that a “commercial motor vehicle” is any self-propelled or towed motor vehicle used on the public highways in commerce to transport passengers or cargo, if such vehicle:
- Has a gross vehicle weight rating of 10,000 pounds or more,
- Is designed to transport more than 15 passengers, including the driver, or
- Is used in the transportation of materials found to be hazardous for the purposes of the Hazardous Materials Transportation Act, as amended (49 U.S.C. Section 5101 et seq.).
A typical commercial motor vehicle (CMV) you might encounter on a Florida highway includes:
- 18-wheeler
- Semi-truck
- Tractor-trailer (“Big Rig”)
- Tanker
- Box truck
- Flatbed truck
- Dump truck
- Waste collection truck
- Cement mixer truck
- Auto transporter
- Tow truck
Who is Qualified to Drive a Commercial Truck in Florida?
Under Florida law, a truck driver must possess a Commercial Driver License (CDL) to operate a CMV that has a gross vehicle weight rating of 26,001 pounds or more.
A Class A CDL is required to drive a CMV with a gross vehicle weight of 26,001 pounds if the gross vehicle weight rating or gross vehicle weight of the vehicle being towed is more than 10,000 pounds. A Class A CDL allows you to drive any class of motor vehicle within this state, subject to the appropriate restrictions and endorsements.
A driver with a Class B CDL is allowed to drive a CMV with a gross vehicle weight of 26,001 pounds, i.e., a CMV without a trailer.
These requirements do not apply to recreational vehicles (RVs), emergency response vehicles, military operations, farm vehicles, and the transportation of agricultural products, or straight trucks (i.e., the cargo unit and the motive power unit are located on the same frame so as to form a single, rigid unit).
Straight trucks include:
- Box trucks
- Dump trucks
- Cube Trucks
- Garbage trucks
- Dump trucks with small trailers
- Flatbed trucks
- Heavy-duty pickup trucks
A CDL applicant in Florida must be a Florida resident, have a Florida Driver’s License, pass vision requirements, and pass knowledge and driving skills tests. Applicants must be at least 18 years old. If under 21, the driver will be restricted to driving only within the state of Florida.
Hours of Service Regulations — How Many Hours a Day Can a Truck Driver Drive?
Among the most crucial rules long-distance truck drivers must understand and follow are federal Hours of Service (HOS) regulations. These rules dictate how long a truck driver is allowed to be behind the wheel, along with when and for how long a driver must rest.
One of the most common causes of truck accidents is fatigue, particularly among long-distance truck drivers. If a truck driver in an accident is found to have violated HOS regulations, that’s evidence that fatigue was a contributing factor in the accident.
The federal Hours of Service regulations are complex and lengthy. Some primary points of the law for property-carrying drivers include:
-
- A driver may drive for up to 11 hours after 10 consecutive hours off duty.
- A driver may not drive beyond the 14th consecutive hour after coming on duty, following 10 consecutive hours off duty. Off-duty time does not extend the 14-hour period.
- Drivers may extend the 11-hour maximum driving limit and 14-hour driving window by up to two hours when they encounter adverse driving conditions (i.e., bad weather).
- Drivers must take a 30-minute break after driving for eight cumulative hours without at least a 30-minute interruption.
- A driver may not drive after 60/70 hours on duty over 7/8 consecutive days. A driver may restart a 7/8 consecutive-day period after taking 34 or more consecutive hours off duty.
- Drivers may split their required 10-hour off-duty period, as long as one off-duty period (whether in or out of the sleeper berth) is at least two hours long and the other involves at least seven consecutive hours spent in the sleeper berth.
Florida’s hours of service regulations apply to drivers driving solely within Florida. They say:
- Drivers may drive up to 12 hours after at least 10 consecutive hours off duty.
- Drivers may not drive past the 16th hour on duty after an off-duty period of at least 10 consecutive hours.
- Drivers may not drive after spending 70 hours on duty in a seven-day period or 80 hours on duty in an eight-day period, which resets after an off-duty period of at least 34 consecutive hours.
CMV Inspection Requirements
Commercial motor vehicles in Florida must be inspected by a qualified inspector at least once a year. An inspection covers various aspects of the vehicle, including the exterior, interior, under the hood, and operational components.
Truck drivers are also required to conduct and log pre-trip inspections before each trip to ensure all systems are functioning correctly.
Furthermore, the Florida Highway Patrol’s Office of Commercial Vehicle Enforcement may stop a commercial vehicle at any time and require the driver to submit to a vehicle inspection. The inspection includes an examination of the vehicle’s:
- Brakes
- Coupling devices
- Frame
- Fuel system
- Windshield wipers
- Lighting
- Exhaust system
- Tires
- Steering mechanism
- Suspension
- Overall vehicle condition
Lack of inspection reports and/or failed inspections indicate that a truck has not been properly maintained. Suppose a failure of the truck’s brakes, tires, transmission, or other critical components has caused the driver to get into a collision, and the truck was not properly maintained. In that case, the driver and possibly the truck’s owner may be held liable for the crash.
Florida CMV Weight and Size Limits
The overall maximum allowable weight for a commercial motor vehicle in Florida is 80,000 pounds, including cargo. The weight is to be distributed in a particular way among the axles, depending on which Bridge Restriction Map the driver will use to travel their route.
Florida allows a maximum of 20,000 pounds for a single axle on a CMV, but with a 10 percent tolerance, up to 22,000 pounds is allowable. For a tandem axle group, the limit is 40,000 pounds, or a maximum of 44,000 pounds with a 10 percent tolerance.
Trucks in Florida require a permit to exceed the following maximums:
- Width of 102” for vehicle or vehicle combination and load
- Height of 13’6″, or 14’ for automobile transporters for vehicle or vehicle combination and load
- Length of:
- 40’ for a single-unit vehicle
- 48′ for a truck tractor with semi-trailer
- 68’ for a straight truck with trailer
- 50′ for a truck tractor hauling automobiles with a semi-trailer as a qualifying auto transporter
- 3’ for a front-end overhang
If a truck, or the vehicle and load, is found to be oversized without a valid permit, the driver may be fined up to $1,000 per violation.
As a truck’s weight increases, it requires more room to slow and stop. If the truck that hit you was overweight, that violation of the law may be reason to hold the driver and possibly other parties (e.g., cargo owners/loaders) liable for the accident.
Regulations for DOT Numbers on Trucks
After being involved in a truck accident, try to locate and obtain a photo of the Department of Transportation registration number, which should be displayed on both sides of the vehicle, typically on the cab doors, with bold, contrasting lettering at least two inches tall. The DOT number serves as a unique identifier when collecting inspection reports and other safety information as part of a crash investigation.
Commercial vehicles operating in interstate commerce must display a U.S. Department of Transportation registration number (USDOT). Vehicles that operate solely within Florida must register with the Florida Department of Transportation and display their FLDOT registration number.
If a truck is transporting hazardous materials, it must also display visible placards that clearly indicate the nature of the hazardous materials being carried. Hazmat placards are diamond-shaped, color-coded signs that feature a hazard class number, a four-digit UN/NA number, and sometimes text or symbols related to the specific material. If possible, take a photo of the truck’s hazmat placard after a crash.
Trucking Equipment That Monitors Driver Activity
Technological advances have enabled employers, regulators, and crash investigators to monitor the activities of truck drivers more effectively. After a truck accident, our legal team moves quickly to gain access to the following systems:
- Electronic Logging Devices (ELDs). These systems have replaced handwritten logs to automatically record driving time and Hours of Service for commercial motor vehicles and CMV drivers. ELDs record driving time, engine hours, miles driven, and location data.
- Event Data Recorders (EDRs). These “black box” devices record data about a truck’s operation just before, during, and immediately after a crash, including vehicle speed, throttle position (acceleration or deceleration), brake application (or lack thereof), engine RPM, steering angle, airbag deployment, etc.
How Our Truck Accident Attorney Can Help
Many truck accidents happen because the truck driver or the trucking company has violated state or federal trucking regulations. In Florida, a Pensacola truck accident lawyer from Cardoso Law, PLLC, can investigate the crash and review the trucking company’s records to determine whether a regulatory violation may have contributed to the accident. If so, we can then proceed to hold liable parties accountable and seek compensation for your medical bills and other losses.
If you have been seriously injured in a truck accident in Florida, you may be eligible for compensation. Contact Cardoso Law, PLLC, for a free, no-obligation consultation about pursuing a personal injury claim.