Commercial Motor Vehicles Safety Act

At the direction of the U.S. Congress under the Commercial Motor Vehicles Safety Act of 1986, national standards were developed for every individual driving commercial motor vehicles in the country. The regulations (49 CFR Part 383) were finalized by the Federal Highway Administration on July 1, 1988). 

Section 405 of the Surface Transportation Assistance Act was enacted on January 6, 1983, and provides protection from reprisal by employers for truckers and certain other employees in the trucking industry involved in activity related to commercial motor vehicle safety and health. Secretary of Labor s Order No. 9-83 (48 Federal Register 35736, August 5, 1983) delegated to the Assistant Secretary of OSHA the authority to investigate and to issue findings and preliminary orders under Section 405. 

Note that the above definition of preventable accident is focused on the actions of the driver. It is the commonly used definition in evaluating driver performance. A broader definition, wrhich can be used to evaluate the driver s and the motor carrier s actions, is given by the Federal Motor Carrier Safety Regulations as follows Preventable accident on the part of a motor carrier means an accident (1) that involved a commercial motor vehicle, and (2) that could have been averted but for an act, or failure to act, by the motor carrier, or the driver. 

When a motor carrier or driver feels a roadside inspection was not conducted in accordance with the Out-of-Service Criteria, or an officer acted inappropriately or misinterpreted the Out-of-Service Criteria during a roadside inspection, they can contact the Commercial Vehicle Safety Alliance (CVSA) to lodge a formal complaint. In addition, if a motor carrier feels the Out-of-Service Criteria — referenced by enforcement personnel during inspections — is incorrect, they may also contact CVSA and challenge the document. 

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