As of this month, there is a national rule change for truckers that could undermine the safety of large commercial trucks on the highway, just as truck accidents are on the rise. Until now, truckers were required to make pre and post-trip inspections of their vehicles, even if there were no obvious problems or defects. This was designed to detect any potential problems in the truck before they became larger and apt to cause an accident.
The new rule effective December 18th, eliminates the requirement for inspections, unless there is a known defect in the truck. The so called ‘no-defect reports’ are being eliminated to save the truckers time in filing the paperwork with their carrier. This is undoubtedly more convenient for the trucker, but carries risks that potential problems with the maintenance or mechanical upkeep could go undetected.
Trucking and Motor Carrier Organizations Support the Rule Change
Not surprisingly, the trucker member organizations support eliminating this bureaucratic filing of inspection reports, in the interest of saving time for truckers trying to meet deadlines for delivery of goods. While this may have that effect, it does place the nation’s trucking fleet on the highways without regular safety inspections by the truckers themselves.
The National Transportation Safety Board opposed the rule change with concerns for highway safety, but proponents countered by stating there was no data or information to show that safety would be reduced. Of course, there is no data because inspections have always been required and so there is no historical precedent for comparison.
No More Duty to Inspect For Safety
The legal problem this presents is that a trucker’s failure to inspect and maintain their vehicle will no longer be required, and in any resulting accident it would be more difficult to establish fault. In essence, the trucker no longer has a duty for making regular inspections, and only has to file a report if there is a ‘defect’. The use of the word defect is also problematic, since it typically refers to flaws in design or manufacture. However, simple wear and tear, or unusual stresses to the vehicle would not be covered by this definition.
Many truck accidents are caused by driver error or fatigue, and not mechanical problems. But now, any accident that results from a vehicle malfunction would potentially insulate the driver from liability since there is no duty to inspect, which only leaves the motor carrier as a defendant. Some carriers are aware of the liability problem, and will continue to require the inspection reports as company policy regardless of the time it takes the trucker to compile the report.
The motor carrier’s associations have a powerful presence given all of the transport of goods by truck on the highways. Nonetheless, every time one sees a large truck on the road, it will be a safe assumption that the vehicle has not been inspected for some time. It is hard to conceive that this wont decrease highway safety for other motorists, with the largest vehicles carrying unknown mechanical problems until an accident occurs.