Michigan Truck Drivers Requirements

There was a time when the requirements to be a truck driver were nothing more than a truck and the willingness to drive it. As a result, there were a large number of unsafe truck drivers on the road, resulting in a high rate of fatal deaths and serious injury truck accidents in Michigan. Rules were instituted on the federal and state level to help address these issues, but far too many truck drivers continue to knowingly drive in violation of important safety regulations. This widespread abuse, and the knowledge and sophistication required to identify safety violations by truck drivers, truck companies, safety directors, defense attorneys and the insurance industry made these cases too complicated for many Michigan attorneys. Widespread abuse has created the need for a law firm that specializes in handling truck accidents cases in Michigan. The personal injury attorneys at Michigan Auto Law are proud of our history in enforcing these important safety regulations to help make the public safer, and in helping our clients receive fair compensation for their injuries when trucking companies cause a serious injury accident. No other law firm in Michigan has received more jury verdicts, or consistently higher settlements and verdicts against negligent truck companies and truck drivers in Michigan. The vast majority of our wrongful death and serious personal injury cases from truck accidents in Michigan are referred to us by local Michigan attorneys based upon our record of success and experience in handling these cases.

The Federal Highway Administration (FHWA) was formed in the early 1980’s in an effort to curb the unacceptable number of fatal wrongful death and serious injury truck accidents occurring on highways in Michigan and across the nation.

The movement for increased safety with tractor trailers and other large trucks led the federal government to focus on the trucking industry. Issues such as licensing, fatigue, hours of service, unsafe loading and minimum operating requirements for motor vehicles were examined because of the role each of these safety issues played in causing motor vehicle accidents. Each of these issues was shown to be contributing factors to the rising number of preventable deaths in Michigan from truck accidents on Michigan’s highways and roadways. The number of truck drivers who were unlicensed, or who had revoked and suspended licenses caused further scrutiny and led to the commercial drivers license, also known as the CDL.

However, many unsafe truck drivers were still free to continue driving across Michigan and the country, causing repeated accidents with other drivers. Many of the truck drivers would carry several driver’s licenses issued by different states in order to spread their traffic convictions to avoid suspensions and revocations. States that had punitive damages had better investigation into driving records, as the truck company would be held accountable for negligent supervision, entrustment, and hiring of unsafe drivers. Eighteen wheeler truck drivers who ignored the number of hours they were supposed to drive often made more money because of the extra pay they received for getting “hot loads” delivered in the shortest amount of time. However, these were also the truck drivers who were involved in the most traffic accidents, and because of the size of these large tractor trailers, they were the ones causing some of the most serious Michigan truck accidents and preventable wrongful death cases [RE1] since they pushed themselves beyond the limits of fatigue and exhaustion.

In 1986, the Commercial Motor Vehicle Safety Act (CMVSA) was passed by Congress. It created laws dealing with the problems caused by irresponsible and unqualified bus and semi truck drivers. For example, laws were enacted that prohibited truck drivers from having more than one license. In fact, by 1992, truck drivers were required to meet minimum national standards in order to operate a tractor trailer. Once a driver met these standards, he was then issued a Commercial Driver's License (CDL). The problem of multiple licenses and truck drivers who could try to hide the knowledge of other injury accidents and traffic violations they had caused in other states was finally being addressed.

Today, to help reduce the number of fatal wrongful death truck accidents, each truck driver is required to be licensed in his state of principal residence with his driving record kept in a centralized computer for access by each state. This also applies to Michigan truck drivers. The new laws also required each state to adopt uniform testing standards for commercial drivers prior to being licensed.

A CDL is now required to operate the following vehicles:

• any combination of vehicles with a gross combination weight rating (GCWR) of 26,001 or more pounds, providing the GVWR of the vehicle being towed is in excess of 10,000 pounds;
• any vehicle, regardless of size, designed to transport 16 or more persons, including the driver; and
• any vehicle required by federal regulations to be placarded while transporting hazardous materials.

However, the following vehicle operators are NOT required to obtain a CDL:

• farm equipment operators;
• vehicles used to transport farm products, equipment or supplies to and from a farm;
• vehicles used within 150 air miles of a farm;
• vehicles not used in operations of a contract carrier; and
• firefighting equipment operators, military vehicle operators, and recreational vehicle operators, if the vehicle is primarily used for personal use.

For certain vehicles, special endorsements are required. There are five possible CDL endorsements and one restriction, which requires testing.

1. double/triple tractor trailers
2. passenger vehicles
3. tank vehicles
4. semi trucks carrying hazardous materials
5. combination tank and hazardous materials
6. vehicles with air brakes

The Federal Motor Carrier Safety Act (FMCSA), considered the driving force behind the regulation of the trucking industry to reduce the number of truck accidents, covers issues such as driver qualifications, emergency equipment, safe loading, alcohol and drug usage and a number of other factors.

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