FAQ's
What Makes A Good Truck Expert
What makes a good truck expert is someone who has extensive experience in all facets of the trucking industry; including genuine safe-driving experience, maintenance, accident investigation, management including company operations and driver supervision, experience in the trucking safety field, and knowledge of the Federal Motor Carrier Regulations, and DOT compliance. A truck expert must have the proper credentials to pass a Daubert challenge.
Attorneys looking for an excellence truck expert should research and hire a competent, qualified truck expert who can provide answers to their questions and has the experience to back up his/her knowledge.
I have over 50 years of knowledge and experience in all facets of the trucking industry. I am certified by the North American Transportation Management Institute as a Director of Safety (CDS) and have passed Daubert challenges in state and federal courts. I have been a consultant to law firms, insurance and trucking companies throughout the U.S as a truck expert witness regarding trucking litigation.
I have written articles for trucking industry magazines and have been featured in articles in the US Today newspaper and Transport Topics. I am a co-author of the Trucking Accident Litigation Book 3rd Edition for the American Association of Justice.
I am available and can assist you in all facets of your case from beginning to end. Please call me at 602-931-0067 for your free initial consultation.
What is a commercial vehicle
While many people only think of an 18-wheeler or tractor-trailer as a commercial motor vehicle, the actual definition covers a much broader range of trucks on the road today. The Federal Motor Carrier Safety Regulations define a commercial motor vehicle as:
“Commercial Motor Vehicle”
- having a gross vehicle weight rating (GVWR) or gross combination weight rating (GCWR), or gross vehicle weight or gross combination weight of 10,001 pounds or more, whichever is greater;
- is designed to transport more than 8 passengers (including the driver) for compensation;
- is designed to transport 16 or more people including the driver, and is not used to transport passengers for compensation; or
- is transporting hazardous materials in quantities requiring the vehicle to be placarded.
The regulations in Parts 390 through 396 apply to drivers of vehicles meeting this definition. That includes driver qualification, hours of service, and inspection and maintenance requirements.
A different definition of “commercial motor vehicle” is used for Parts 382 and 383. These parts deal with the commercial driver’s license (CDL) and alcohol and drug testing. This definition refers to a vehicle used in commerce, whether interstate or intrastate. The definition of “commercial motor vehicle” for these parts is as follows:
- Has a gross combination weight rating of 26,001 or more pounds inclusive of a towed unit with a gross vehicle weight rating of more than 10,000 pounds;
- Has a gross vehicle weight rating of 26,001 or more pounds;
- Is designed to transport 16 or more passengers, including the driver; or
- Is of any size and is used in the transportation of hazardous materials.*
*Hazardous materials means any material that has been designated as hazardous under 49 U.S.C. 5103 and is required to be placarded under subpart F of 49 CFR part 172 or any quantity of a material listed as a select agent or toxin in 42 CFR part 73.
Regulations
The Federal Motor Carrier Safety Regulations were developed in 1939 to address the issue of tired drivers. The regulations also cover most all other aspects of commercial motor carrier operation. The rules and regulations have changed very little over the years until January of 2004. In January, the new hours of service rules went into effect, enforcement was delayed until May 2004 to give the industry and enforcement personnel time to familiarize themselves with the rules. Please contact us with questions or concerns that you may have with the new hours of service rules.