Trucking Laws & Regulations in Texas

The Texas Transportation Code contains several provisions for obtaining a commercial drivers’ license (CDL) that are designed to decrease truck accidents by ensuring drivers are properly qualified. In addition, truck drivers must follow many rules and regulations to help keep everyone safe on the road. When truck accidents occur, lawyers use their knowledge of these special laws to help determine who should be held responsible for the resulting injuries and damage.

Here, The Wilhite Law Firm discusses the rules and regulations that apply to trucking companies and truck drivers in Texas and how they could affect your truck accident case. Contact us for a free initial consultation to learn more about how we can help you.

Texas CDL Requirements

In Texas, the minimum driving age for obtaining an interstate CDL is 21, while the minimum age for obtaining an intrastate CDL is 18. To obtain a Texas CDL, drivers must hold a valid Texas driver’s license, provide evidence of medical status, and pass vision, knowledge, and skills exams. Commercial drivers can also take specialized knowledge and skills tests to obtain the following endorsements for their CDLs:

• T endorsement – Allows drivers to tow double or triple trailers
• P endorsement – Allows drivers to operate vehicles designed to transport specific numbers of passengers
• N endorsement – Allows drivers to operate tanker trucks designed to transport liquids and liquefied gases
• H endorsement – Allows drivers to transport hazardous materials such as flammable, combustible, or explosive fluids
• X endorsement – Combination N and H endorsement that allows drivers to transport hazardous materials in tanker trucks

CDL drivers are subject to strict controlled substance and alcohol requirements. In addition to having a maximum blood alcohol concentration (BAC) limit of 0.04 percent, which is half the legal limit for non-commercial drivers, CDL drivers must submit the following controlled substance and alcohol tests:

• Pre-employment drug and alcohol tests
• Post-accident drug and alcohol tests (if the accident involves the loss of life or a citation is issued for an accident involving bodily injury or property damage)
• Random alcohol tests for 10 percent of all drivers at any given company and random drug tests for 50 percent
• “Reasonable suspicion” tests for commercial drivers who appear to be under the influence of alcohol or drugs on the job
• Return-to-duty and follow-up tests for drivers who test positive, refuse drug or alcohol tests, or otherwise violate commercial driver drug or alcohol policies

The following types of individuals are considered exempt from Texas CDL requirements:

• Farmers, ranchers, and employees who operate commercial vehicles to transport agricultural machinery or supplies within 150 miles of a farm or ranch
• Operators of vehicles used only to transport seed cotton modules or cotton burrs
• Operators of firefighting or emergency vehicles
• Military personnel operating military vehicles
• Operators of recreational vehicles (RVs) intended for personal use
• Operators of vehicles that are owned, leased, or controlled by air carriers and operated only on airport grounds

Qualifications for Commercial Truck Drivers

Under Texas law, drivers are qualified to operate commercial motor vehicles (CMVs) if:

• They are 21 or older (18 for intrastate drivers), physically qualified to drive, and have successfully completed a road test.
• They can read and speak English well enough to interact with the public, comprehend traffic signs and signals, respond to inquiries from officials, and record information in driving reports and records.
• They possess sufficient experience, training, or both to safely operate a CMV.

CMV drivers may be disqualified and prohibited from driving commercial vehicles for a certain period for the following offenses:

• Driving a commercial vehicle under the influence of alcohol or with a BAC of 0.04 percent or more
• Driving a commercial vehicle under the influence of controlled substances and other intoxicating drugs
• Refusing to submit to required drug or alcohol testing
• Fleeing the scene of a truck accident
• Operating a CMV with the intent of committing a felony crime
• Receiving two serious traffic violations within a three-year period
• Operating a CMV in a negligent or criminal manner that leads to the death of another person
• Operating a CMV with a revoked, suspended, canceled, or disqualified CDL

Employers are prohibited from knowingly allowing or requiring a disqualified driver to operate a CMV.

Inspection, Repair, and Maintenance Requirements

Commercial motor carriers are required to systematically inspect, repair, and maintain any CMVs they own or control. Every CMV and combination vehicle component must be thoroughly inspected at least once every 12 months. Carriers must also keep the following information on file for each CMV in their control for 30 days or more:

• Identifying details, such as company number, tire size, and truck make, year, and serial number
• Inspection schedules detailing the types and dates of planned inspections
• Records of all inspection, maintenance, testing, and repair services

Carriers must retain inspection, maintenance, and repair records for at least one year, or at least six months after relinquishing control of the vehicle. Records must be kept at the same location where the CMV is stored.

If commercial drivers receive roadside inspections, they are required to deliver inspection reports to their carriers. When carriers receive roadside inspection reports, they must review the reports and address any defects or violations contained therein. Carriers are also required to sign completed roadside inspection reports within 15 days of receipt to confirm that they have repaired any defects or violations noted in the report.

Carriers must require commercial drivers to complete written post-trip CMV inspection reports after each driving day. Reports should include inspection details for the following components:

Commercial Motor Vehicle Size and Weight Limits

Weight limits

Single-axle commercial motor vehicles engaged in “regular operations” have a maximum weight limit of 20,000 pounds. Tandem-axle CMVs in regular operations are limited to a maximum of 34,000 pounds. The maximum gross weight for all vehicles in regular operations is 80,000 pounds. There are a variety of weight limit exemptions for vehicles performing special operations or carrying special commodities such as concrete, waste, or milk.

Size limits

Commercial vehicles that are not tractor-trailer combinations have a maximum allowable length of 45 feet. Trailers and semi-trailers in tractor-trailer combinations may not exceed 59 feet in length, not including the length of the towing vehicle. Trailers and semi-trailers in tractor-semitrailer-trailer combinations may not exceed 28.5 feet, excluding the length of the towing vehicle. The maximum overall length of any vehicle combination is 65 feet.

The maximum height for a CMV and any load it carries is 14 feet. Drivers of vehicles that are taller than 13 feet, 6 inches are responsible for ensuring their vehicles can safely pass under any structures in their path without colliding with said structures.

Hours of Service Rules

To reduce the risk of fatigued driving accidents, Texas requires commercial drivers to observe the following hours of service (HOS) restrictions:

• Drivers are prohibited from driving for more than 11 hours after 10 consecutive hours of off-duty time.
• Drivers are prohibited from driving beyond the 14th consecutive hour after coming on duty. This 14-hour period cannot be extended by taking off-duty meal, fuel, or rest breaks. However, the 14-hour maximum may be extended to 16 hours when poor road conditions exist that would make it risky to stop sooner.
• Drivers must take 30-minute rest breaks after driving for more than eight hours since the end of their last off-duty period without at least 30 minutes of interruption.
• Drivers are prohibited from driving after more than 60 hours of on-duty time within a seven-day period or more than 70 hours of on-duty time within an eight-day period. Drivers may “restart” a period of eight consecutive days by taking an off-duty period of at least 34 hours.
• Drivers are required to keep a daily written log or use an automatic electronic logging device (ELD) to document their duty status data for each 24-hour period.

Texas Truck Speed Limits

Unlike some states, the Texas Department of Transportation (TxDOT) does not impose specific speed limits on commercial trucks. The statewide maximum speed limit in Texas is 70 miles per hour (mph), but the Texas Transportation Commission is authorized to establish local speed limits of 75, 80, or even 85 mph on roadways that are constructed to withstand such speeds.

When Truckers and Trucking Companies Break the Law, We Can Help

If a commercial truck driver or trucking company broke the law, and you got hurt as a result, The Wilhite Law Firm can help you demand justice and fair compensation. Our attorneys can support your truck accident injury claim by:

• Explaining your case, including how Texas trucking laws and restrictions may apply to your personal injury claim
• Conducting a thorough investigation into the circumstances surrounding the truck accident to determine who was at fault and preserve critical evidence
• Working with expert witnesses such as accident reconstruction specialists who can provide insightful information about the causes and effects of the crash
• Communicating with motor carriers, trucking insurance providers, and other attorneys on your behalf
• Negotiating forcefully to demand the compensation you deserve and taking your case to trial, if needed

Contact our Dallas personal injury attorney today to get started with your free initial consultation and discuss the details of your Texas truck accident claim with our compassionate attorneys.