Bus Accident Lawyer Explains Industry Regulations
When talking about bus safety laws and regulations, a bus accident lawyer considers the two levels of industry regulations in the United States: federal and state. Federal laws and regulations apply to all states and govern the basic most fundamental safety issues. At the same time, each state’s legislative body has the authority to enact laws and regulations that are in force only in this or that particular state. Often, bus safety laws are quite similar across the whole country. But there are some important differences that a bus accident lawyer has to take into consideration when dealing with different cases.
In this article, we will talk about bus safety laws and regulations that apply in California. We will first look at the federal laws and then local California regulations.
Federal bus safety laws and regulations
49 CFR Part 355
– Compatibility of State Laws and Regulations Affecting Interstate Motor Carrier Operations. It contains the rules by Federal Motor Carrier Safety Administration (FMCSA) that ensure that state laws and regulations concerning commercial motor vehicle safety are not incompatible with respective parts of the Federal Motor Carrier Safety Regulations. It also provides for a continuous revision of state laws and regulations. States must achieve compatibility with the Federal Motor Carrier Safety Regulations (FMCSRs) pertaining to commercial motor vehicle safety in interstate commerce.
49 CFR Part 365
– Rules Governing Applications for Operating Authority. It contains rules adopted by FMCSA that govern applications from individuals and businesses that request authority to become motor carriers. To operate as a motor carrier, an applicant must be fit, willing, and able to perform all the involved functions and complete the safety certification.
49 CFR Part 382
– Controlled Substances and Alcohol Use and Testing. This part establishes programs created to help prevent accidents and injuries in bus crashes that result from the use of alcohol or controlled substances by all drivers of different commercial motor vehicles.
49 CFR Part 383
– Commercial Driver’s License Standards; Requirements and Penalties. These are the FMCSA rules, standards, requirements, and penalties that govern driver’s license standards for commercial motor vehicles. The rules are intended to prevent or reduce bus accidents resulting in fatalities and injuries. All drivers have to have a single commercial driver’s license. Those drivers who drive their vehicles in an unsafe manner will be disqualified.
49 CFR Part 390
– Federal Motor Carrier Safety Regulations. This document establishes general requirements pertaining to FMCSRs. These requirements do not preclude the establishment or enforcement of different state or local laws and regulations on safety. However, the compliance with such laws is not to preclude full compliance with the federal regulations.
Some other fever bus safety laws and regulations include: 49 CFR Part 391 – Qualifications of Drivers and Longer Combination Vehicle (LCV) Driver Instructors, 49 CFR Part 392 – Driving of Commercial Motor Vehicles, 49 CFR Part 393 – Parts and Accessories Necessary for Safe Operation, 49 CFR Part 395 – Hours of Service of Drivers, 49 CFR Part 396 – Inspection, Repair, and Maintenance, 49 CFR Part 571 – Federal Motor Vehicle Safety Standards and others.
State bus safety laws and regulations
California has its own bus safety laws and regulations which include: California Vehicle Code and California Code of Regulations.
These legal instruments regulate size and weight limitations, general equipment requirements, brake equipment and performance, emergency equipment, wheelchair equipment, fuel and exhaust systems, signage, passenger compartment and entrances, driver and passenger seats, maintenance and inspection as well as other operational, personnel and workplace policy laws.
For more information about bus safety laws and regulations, contact a knowledgeable bus accident lawyer at Wilshire Law Firm.
Last Updated: 03-24-2017