Trucking Laws and Regulations In Montana
Large commercial trucks are critical aspects of the nation’s supply chain, bringing goods and services into and out of Montana. Because trucks regularly cross state lines and sometimes national borders, they are subject to federal regulation. The Federal Motor Carrier Safety Administration (FMCSA) has laws in place to regulate all aspects of trucking, with crucial regulations meant to minimize safety risks to those in smaller vehicles sharing the roads with loaded trucks.
In addition to federal regulations, individual states also have specific trucking laws, including those in Montana. If you’ve been hurt in a collision involving a commercial vehicle, working with an experienced Bozeman truck accident lawyer can help you understand how these laws apply to your case and protect your right to compensation.
Understanding FMCSA Regulations for Montana Trucking
Due to the significant size and weight difference between trucks, such as 18-wheelers, and average cars, over 70% of truck accident injuries occur to occupants of smaller vehicles, rather than the truck drivers. The federal regulations described below help to reduce the chances of truck accidents causing injuries to drivers and others sharing the roadway.
Size and Weight Limits
The Department of Transportation describes weight limit laws for trucks as a “compilation” of federal and state regulations, with the FMCSA limiting trucks to no more than 80,000 pounds when operating on interstate highways, except under specific exceptions for oversized loads. Each state determines weight regulations for non-interstate roadways within that state. Montana’s Department of Transportation uses a Gross Vehicle Weight (GVW) Chart to limit truck weight according to the number of axles on the truck.
Commercial Driver’s License (CDL) and Hiring Requirements
The FMCSA has regulations in place for qualifying for a CDL, including a minimum age of 21. Under the law, truck drivers must follow the requirements for obtaining a CDL in their specific state, including Montana.
Trucking companies must adhere to hiring requirements, including hiring drivers with current, valid CDLs with the appropriate class designation for the job requirement. Trucking companies must also perform initial drug and alcohol testing and continue to perform routine drug and alcohol testing on their hired drivers. Trucking companies must ensure that their drivers are well-qualified with adequate training and ample opportunities for continued training.
Driving Hour Limits
Fatigued driving is a major contributor to truck accidents in Montana and elsewhere. To counteract this, the FMCSA limits truck driving hours to a maximum of 11 hours of driving after 10 off-duty hours, with 30-minute mandatory breaks every 8 hours. Trucking hour regulations also limit the total number of driving hours per on-duty period to 60/70 hours per 6/7 day on-duty period.
FMCSA requires meticulous logging of driving hours, typically through electronic logging devices.
Truck Inspection, Maintenance, and Repair
Federal truck maintenance regulations under FMCSA require routine before-shift truck inspections, regular thorough inspections, routine maintenance, and prompt repairs. These trucking laws also require meticulous inspection, maintenance, and repair record-keeping.
Cargo Securement Rules
Loose or suddenly shifting cargo can cause fish-tailing or the total loss of control, resulting in a truck accident. Improperly secured cargo may also spill out onto roadways, causing accidents. The FMCSA has detailed regulations for the proper securement of all types of cargo, as well as rules for specific securing devices used for freight types.
Montana’s State-Specific Trucking Laws
Montana follows all FMCSA trucking laws and regulations, but also adds laws specific to the unique conditions of Montana’s terrain, weather, and roadways. Some state-specific trucking laws in Montana include the following:
- Weight limits based on the number of axles per vehicle under the state’s GVW chart, intended to protect state roadways from damage
- Montana’s commercial driver’s license (CDL) requirements, including Type-1 licensing for interstate travel available only to those over the age of 21, while Type-2 licenses are available for 18-year-old drivers limited to driving within Montana. Class B, C, and D CDL licensing is required for driving trucks of increasing weight and/or for transporting hazardous materials
- Montana’s tire chain laws require trucks over 26,001 pounds to carry snow tires and chains between October 1st and April 30th, and apply them as weather dictates, or when required by posted signage
- Permit requirements for transporting oversized and overweight-limit loads
- The use of pilot cars for extra-large or cumbersome loads
Unlike many other states, Montana does not have lane-restriction laws specific to trucks, but traffic law enforcement agencies expect truck drivers to adhere to speed limits, including the general rule for slower traffic to remain in the right lane except when passing.
How Does Failing to Follow State and Federal Trucking Regulations In Montana Impact Accident Liability?
The trucking industry is complex, comprising many separate entities that are responsible for different aspects of freight carrying, from the trucking company’s responsibility to hire qualified drivers to freight-loading contractors who have a duty to follow regulations for securing well-balanced loads with the correct cargo containment devices. When one of these entities cuts corners, fails to follow FMCSA or Montana’s state trucking regulations, or neglects to take reasonable care, they may be held liable for an injury victim’s damages under the state’s modified comparative negligence laws. Proving liability requires a truck accident injury victim to document evidence that demonstrates the following:
- The at-fault party owed a duty of care to the injury victim and others on the road, requiring them to take reasonable actions to avoid causing an accident
- They breached their duty of care through negligence (careless, reckless, or wrongful actions)
- The breach of duty directly caused an accident and injuries
- The injury victim suffered damages from the injury
Montana tied with New Mexico and Nebraska as the fourth-highest state for truck accident numbers. Under the modified comparative negligence laws in Montana, a truck accident injury victim may recover a portion of compensation for their damages even if they contributed to the cause of the accident as long as they are less than 50% responsible. In these cases, the insurance company subtracts the injury victim’s percentage of fault from the payout on their claim.
How Can a Montana Truck Accident Lawyer Help Me?
A truck accident attorney in Montana has deep familiarity with state and federal trucking regulations as well as the state’s liability laws. By hiring a Bozeman personal injury attorney, an injury victim maximizes their chances of proving liability when their attorney conducts an independent investigation and documents compelling evidence.
Call Beck, Amsden, and Stalpes, PLLC to learn more about your right to full and fair compensation after a Montana truck accident.