Truck AccidentsUnsafe Lane Changes

The rules governing reasonable care for a commercial truck driver are different than the rules governing drivers of passenger cars. A driver in a car typically has a nearly unobstructed view of traffic on all sides. In addition, a driver of a car can often feel and hear the presence of a large commercial vehicle that is close by.

To acquire the knowledge of a CDL operator and to respond to safety instructions is critical to maintaining the safety of the roads. To be qualified a driver must be able to “read and speak the English language sufficiently to converse with the general public, to understand highway traffic signs and signals in the English language, to respond to official inquiries, and to make entries on reports and records.” Section 391.11(b)(2).

The Motor Carrier is required to make sure that their employees and this includes independent contractors observe all prescribed duties and prohibitions under the Federal Motor Safety Carrier Act. Section 390.11. It is an offense for any person to aid, abet or encourage a motor carrier or its employees to violate these rules. Section 390.13.

The Federal Motor Carrier Safety Regulations are applicable to commercial vehicles that weigh 10,001 pounds or more. Commercial drivers are required to have a commercial driver’s license (CDL). Section 383.3(a). The FMCSR mandates that commercial truck drivers receive training to comply with the FMCSR. Section 383.1(b). The FMCSR mandates that each state tests the required skills and knowledge for each commercial driver license applicant which meets the federal standards. Section 383(b)(7). Each state is further required to set forth the federal standards for procedures, methods, and minimum passing test scores to license commercial drivers. Section 383.1(10). “The purpose of this part is to help reduce or prevent truck and bus accidents, fatalities and injuries by requiring drivers to have a single commercial driver’s license and by disqualifying drivers who operate commercial motor vehicles in an unsafe manner.” Section 383.1.

Section 383.1 is the legal mandate that led to each state creating a Commercial Driver’s License manual that identifies the Federal Requirements and trains drivers how to comply with those requirements. Section 384.214 provides that a CDL issued by one state is to be honored in all states. Code of Maryland Regulations 11.21.01.02 incorporates 49 CFR 40, 382, 383, 387, 390-393, 399 and 1572 as amended to the Maryland transportation records. Title 19 Virginia Code Section 30-20-80 provides that every person and commercial motor vehicle subject to the Motor Carrier Safety Regulations operating in interstate or intrastate commerce within or through the Commonwealth of Virginia shall comply with the Federal Motor Carrier Safety Regulations found in 49 CFR Parts 390-397.

The FMCR identifies the required driving knowledge and skills for a commercial driver. The required knowledge driving rules is listed under Section 383.111. A driver must have knowledge of “[b]asic control. The proper procedures for performing basic maneuvers, including: (iv) Turning the vehicle, e.g. basic rules, off tracking, right/left turns and right curves. 383.111(a)(4). In addition, a driver must know how to conduct a visual search. “The importance of proper visual search, and proper visual search methods, including: (i) seeing ahead and to the sides, (ii) use of mirrors; and (iii) seeing to the rear.” 383.111(a)(7). Drivers must also exercise space management. “The procedures and techniques for controlling the space around the vehicle, including: (i) the importance of space management; (ii) Space cushions, e.g., controlling space ahead/to the rear; (iii) Space to the sides; and (iv) Space for traffic gaps.” 383.111(a)(10).

Commercial truck drivers must have knowledge of “Hazard Perceptions. The basic information and clues for recognition of hazards including: (i) Road characteristics; and (ii) Road user activities.” Section 383.111(a)(13). The required skills of a driver include the “[a]bility to choose a safe gap for changing lanes, passing other vehicles, as well as for crossing or entering traffic.” Section 383.113(c)(4).

The FMCR identifies the required driving knowledge and skills for a commercial driver. The required knowledge driving rules is listed under Section 383.111. A driver must have knowledge of “[b]asic control. The proper procedures for performing basic maneuvers, including: (iv) Turning the vehicle, e.g. basic rules, off tracking, right/left turns and right curves. 383.111(a)(4). In addition, a driver must know how to conduct a visual search. “The importance of proper visual search, and proper visual search methods, including: (i) seeing ahead and to the sides, (ii) use of mirrors; and (iii) seeing to the rear.” 383.111(a)(7). Drivers must also exercise space management. “The procedures and techniques for controlling the space around the vehicle, including: (i) the importance of space management; (ii) Space cushions, e.g., controlling space ahead/to the rear; (iii) Space to the sides; and (iv) Space for traffic gaps.” 383.111(a)(10).

Commercial truck drivers must have knowledge of “Hazard Perceptions. The basic information and clues for recognition of hazards including: (i) Road characteristics; and (ii) Road user activities.” Section 383.111(a)(13). The required skills of a driver include the “[a]bility to choose a safe gap for changing lanes, passing other vehicles, as well as for crossing or entering traffic.” Section 383.113(c)(4).

To FMCR identifies the important areas to evaluate the conduct of a commercial driver. Each state is required to provide an FMSCA preapproved driver information manual to a CDL applicant. Section 383.131(a)(1). The CDL and Industry Commercial Driver manuals provide the techniques, methods and industry standards to comply with FMCR. The J. J. Keller Tractor Trailer Driving Manual is based on the Federal Highway Administration Model Curriculum and follows the Professional Truck Driver Institutes curriculum standards. The following instructions are found in the J.J. Keller Tractor-Trailer Driver Training Manual:
Scanning to the sides

When on the road, you should be periodically scanning to the sides, but there are certain situations where scanning to the sides is critical including crosswalks, intersections and school zones. Pg. 126.
. . .
Use of Mirrors
Mirrors provide your only view of the rear of your vehicle. You must check your mirrors before changing speed or position in traffic. You should check your mirrors about every four seconds. Also, use mirrors to assist in checking your vehicle’s blind spots. Pg. 126.
. . . . .
Remember that mirrors do not allow you to see everything. There are blind spots on both sides of your vehicle. This makes lane changes, passing, and other maneuvers risky. Tight turns can also pose a problem. You can’t see smaller vehicles or pedestrians that are next to the vehicle. Along with using your mirrors, signal and wait a moment before changing directions or lanes. Pg. 127.
Adjusting Mirrors
Proper adjustment is important. It ensures that you have the best view possible to the sides and rear of your vehicle.
Pg. 128.
Seeing to the Rear
Continually use your mirrors to monitor the rear of your vehicle . . .
Use your mirrors to check for vehicles beside your tractor and trailer. Be alert. Know what is always going on.

Use your mirrors when changing lanes. Check your mirrors:

• Before you change lanes (making sure there’s room to change lanes);
• After you signal (Making sure no one/nothing moved into your blind spot);
• Right after you begin the lane change (making sure your path is still clear); and
• After you complete the lane change.

Also check your mirrors when you slow down, merge or turn.

The techniques that are instructed under the CDL manuals for Maryland and Virginia are consistent and similar. All industry and state CDL manuals instruct drivers as to the techniques and methods that are to be used to comply with the required commercial driver skills of Section 383.111.