Bus Accidents Cause Numerous Deaths And Injuries

Bus Accidents Cause Numerous Deaths And Injuries

Bus accidents cause numerous deaths and injuries every year in the United States. This firm recently represented a young man seriously injured when the driver of the bus in which he was riding mistakenly exited an interstate highway and fell from a bridge. Several young men and the driver were killed and many injured.Personal Injury law

The U.S. Transportation announced several new measures that the U.S. Department of Transportation’s Federal Motor Carrier Safety Administration (FMCSA) is taking to help ensure that passengers traveling by bus are as safe as possible.

The U.S. DOT will now require more rigorous commercial driver’s license testing standards, seek new rules to strengthen passenger carrier and driver compliance with federal safety regulations, and empower consumers to review safety records of bus companies before booking.

They also announced that FMCSA will be teaming up with state law enforcement to conduct unannounced motor coach inspections at popular travel destinations throughout the spring and summer peak travel season.

The U.S. Department of Transportation’s Federal Motor Carrier Safety Administration (FMCSA) issued a new final rule requiring anyone applying for a commercial driver’s license (CDL) to first obtain a commercial driver’s learner’s permit. The rule also requires all state licensing agencies to use a CDL testing system that meets the American Association of Motor Vehicle Administrators CDL knowledge and skill standards, and prohibits the use of foreign language interpreters to reduce the potential for testing fraud.

Prior to this new rule, CDL applicants were not required to first obtain a learner’s permit and CDL testing systems were not uniform nationwide.

Additionally, the U.S. Department of Transportation issued several new policy proposals designed to raise the bar for passenger carrier safety, including a provision that would give the U.S. DOT greater authority to pursue enforcement action against unsafe “reincarnated” passenger carriers by establishing a federal standard to help determine whether a new carrier is simply a reincarnation of an old, unsafe carrier.

The Department is also proposing to require new motor coach companies to undergo a full safety audit before receiving U.S. DOT operating authority, revise current law to ensure a driver’s CDL can be suspended or revoked for drug- and alcohol-related offenses committed in non-commercial vehicles, and raise the penalty from $2,000 a day to $25,000 for passenger carriers that attempt to operate without USDOT authority.accident injury law

The USDOT also unveiled a safety checklist that will help consumers review a bus company’s safety record, safety rating and USDOT operating authority before buying a ticket or hiring a bus company for group travel.

In addition, FMCSA and its state and local enforcement partners are supporting improved passenger bus safety with a growing number of unannounced bus safety inspections across the country. Starting this week and lasting throughout the summer travel season, the enforcement campaign will target popular destinations such as amusement parks, national parks, casinos, and sports event venues.

Over the past five years, FMCSA has doubled the number of unannounced bus safety inspections and comprehensive safety reviews of the nation’s estimated 4,000 passenger bus companies.

The Administration has taken a number of additional actions over the past several years to improve passenger safety:

• Last December, USDOT launched a new safety measurement system titled Compliance, Safety, Accountability that provides detailed safety data to identify bus companies for safety interventions.

• Last year, USDOT adopted a rule to combat distracted driving by banning commercial drivers from texting behind the wheel and proposed a new standard to prohibit hand-held mobile phone use.

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Receiving a Speeding Ticket or Other Traffic Citations is Simply a Nuisance – Or Not

For most drivers, receiving a speeding ticket or other traffic citation is simply a nuisance. While you can fight the ticket or simply mail in a fine, the citation generally does not mean losing your driver’s license.traffic ticket lawyers

That is not the case with commercial drivers. If you hold a commercial driver’s license (CDL), receiving a speeding ticket or being convicted for another moving violation can have serious consequences. Both your CDL and your job may be at stake.

Moving Violations in Texas

Speeding, failure to obey a traffic signal, illegal lane changes and reckless driving are all considered moving violations in Texas. A conviction for any of these acts is reported to the Department of Motor Vehicles (DMV) and will appear on your driver’s record.

Regardless of whether you are a commercial driver or simply have a regular driver’s license, a conviction for a moving violation adds points to your driving record. Accumulating six points in 18 months will trigger a Driver Responsibility Assessment (DRA); 11 points or more in 18 months will lead to a mandatory license suspension.

There are also consequences for commercial drivers licensed in a state other than Texas who are convicted of a traffic violation within the state. If you hold a CDL, many states require you to notify your employer and your home state’s DMV within 30 days of being convicted of a moving violation. Whether you were on the job or driving your own personal car when the violation occurred does not matter; all moving violations must be reported.

The NY DMV may report all traffic convictions to a driver’s home state. The consequences of a moving violation that occurred in Texas will vary based on the law in your home state, but you may have your license suspended for just one speeding ticket, depending on how fast you were going.

Federal Regulations and the Impact of “Serious” Traffic Violations
Penalties for commercial drivers convicted of a moving violation do not stop at the state lines. In addition to the driver’s home-state penalties, federal regulations apply to commercial drivers who are convicted of speeding, running a red light or other traffic offenses.

The Commercial Motor Vehicle Act of 1986, adopted by all 50 states by 1992, established licensing guidelines for CDL holders throughout the U.S. The act created different types of CDL classes and endorsements as well as regulations governing commercial driving privileges.

If, while driving a commercial vehicle, you commit a serious traffic violation, your CDL can be suspended. Under federal rules, “serious” traffic violations include convictions for:

Exceeding the speed limit by 15 mph or more
Reckless driving
Making erratic or illegal lane changes
Tailgating (following too closely)
Driving a commercial motor vehicle without a CDL, without carrying a CDL on one’s person or without the proper class/endorsement
Being involved in a fatal accident and, in conjunction with the accident, being cited for violating a state or municipal traffic law
If you are convicted of two serious traffic violations involving a commercial motor vehicle in a three-year period, you will lose your CDL for at least 60 days. For three serious traffic violations in the same time period, the mandatory suspension is 120 days.

Beyond 60 to 120 Days: CDL Suspensions for up to One Year

In addition to the serious traffic violations listed above, a conviction for any of the following violations can lead to drivers being disqualified from driving a commercial vehicle for up to one year:

Driving any vehicle, including your personal car, while under the influence of alcohol or a controlled substance
Driving a commercial motor vehicle with a blood alcohol content (BAC) of 0.04 or higher
Refusing to take a blood alcohol test
Leaving the scene of an accident – regardless of whether you were driving a commercial vehicle or your private vehicle at the time
Using a motor vehicle (commercial or personal) in the commission of a felony
Driving a commercial vehicle when your CDL is revoked, suspended or canceled
If any of these violations are committed while transporting hazardous materials, your license suspension will increase from one year to three years. If you are convicted a second time for any of these offenses, you will be permanently disqualified from ever holding a CDL again.
speeding violations

DWI: A Different Definition for Commercial Drivers

While state law establishes the legal limit of 0.08 as the blood alcohol content (BAC) at which motor vehicle drivers are considered to be driving while intoxicated (DWI), the federal Commercial Motor Vehicle Act has set a lower limit for drivers with CDLs. In most jurisdictions, law enforcement can charge commercial drivers with DWI if their BAC is found to be as low as 0.04.

Because the consequences of all moving violations-from speeding tickets to first-time DWI offenses-can have a serious impact on the lives of commercial drivers, it is important to protect your commercial driver’s license by contacting an experienced traffic violation attorney if you’ve received a traffic citation.

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