Why It’s Important to Qualify and Train Truck Drivers

Driving large trucks is a dangerous business. The U.S. Department of Transportation (USDOT) recognizes the significantly increased risks associated with commercial trucking.

The USDOT’s Federal Motor Carrier Safety Administration is responsible for minimizing crashes and injuries involving commercial motor vehicles. To reach this goal, the FMCSA has issued hundreds of regulations imposing a variety of duties on truck drivers and their employers.

What are the qualifications for operating a commercial vehicle?

One of the most important of those regulations is Section 391.11. This section governs the qualifications of commercial drivers.

Under section 391.11, semi-tractor trailer drivers must:

1. Be at least 21 years old;
2. Be able to read and speak English sufficiently to converse with the public, understand traffic signs, and make entries on various reports and records;
3. Can, by reason of experience, training, or both, safely operate the type of commercial motor vehicle he/she drives;
4. Be physically qualified to drive a CMV;
5. Have a current and valid CDL;
6. Provide the trucking company with a list of traffic violations;
7. Not be disqualified (often because of drug or alcohol violations);
8. Successfully complete a road test.

In addition to making sure that each of its drivers meet all of the above criteria, trucking companies are required to conduct a robust investigation of any prospective driver. Each trucking company must maintain a Driver Qualification File for each driver.

This file contains documents evidencing their investigation into the driver’s background. It will include any motor vehicle records and DOT driver safety performance history. In addition, trucking companies must contact the driver’s known past employers to inquire into the driver’s ability to safely operate commercial motor vehicles.

When trucking companies fail to qualify truck drivers

Not surprisingly, we have come across many trucking companies (particularly underfunded mom-and-pop operations) that fall short when it comes to the driver qualification process.

Sometimes, small trucking companies outfit claims that they are not subject to the federal regulations. However, the FMCSRs have been adopted by most states, including Illinois.

In more egregious cases, a trucking company may know that the rules apply to them, but do not follow them. Usually, though, small trucking operations have an ignorance of the law. Ignorance of the law is not a defense.

The regulations require each interstate motor carrier to employ someone who knows and understands the regulations and someone in charge of making sure the regulations are being followed.

In one recent deposition, we deposed the safety director of a small trucking company. He was identified by the company as the person most knowledgeable with the federal regulations and driver qualification process.

For more than two hours, he showed a complete lack of understanding of the regulations. He didn’t maintain a driver qualification file for the driver. He didn’t conduct an independent inquiry into the driver’s record and prior employment history.

In fact, it wasn’t until after the crash involving my client that the safety director took his first FMCSR compliance course. Unfortunately for our client, that was far too late.

It is essential both for the motoring public and for the trucking companies themselves (and their insurance companies) that robust driver qualification systems are in place. Ensuring so reduces the risk of crashes, which in turn saves lives.

And for trucking companies and insurance companies? It saves them the time, expense, and headache of serious injury litigation.