Does Florida Adopt the FMCSR?

By: Admin

FMCSR

Yes, Florida has adopted Federal Motor Carrier Safety Regulations (FMCSR), which govern and dictate the operation of large trucks and commercial motor vehicles. Florida adopted the FMCSR for both interstate (those that travel across multiple states) and intrastate (those that only travel within the state) trucking companies. Entitled “Commercial Motor Vehicles; safety regulations; transporters and shippers of hazardous materials, enforcement,” FL. Statute 316.202 states, in part, that all owners and drivers of commercial motor vehicles operated on the public highways of the State of Florida while engaged in interstate or intrastate travel are subject to the rules and regulations contained in FMCSR.

Note that not all trucks involved in trucking accidents are specifically 18-wheelers. As you can imagine, there are many definitions contained in the FMCSR. One definition, dealing with the weight of commercial vehicles, is contained at 49 CFR 383.5 and defines a commercial vehicle as a vehicle that has a gross combination weight rating of 26,001 or more pounds, whether the vehicle is used in interstate or intrastate commerce.

Section 390.5 defines a commercial motor vehicle, in part, as any self-propelled or towed vehicle used in interstate commerce that has a gross weight rating of 10,001 pounds or more.  This could easily be a pick-up truck that, by itself, weighs 10,001 pounds or more or, combined with the weight of its trailer, exceeds 10,001 pounds.

If you, a loved one or friend is involved in a collision involving a large truck (remember — not necessarily just 18-wheelers), it is important to speak with attorneys that have the knowledge and experience handling cases involving commercial motor vehicles. Please do not hesitate to contact us to speak with an attorney at 407-841-7699.  For additional resources, keep checking our blog, LIKE us on Facebook and follow us on Twitter for more helpful hints and to always be informed about best practices in law.

 

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