The Federal Motor Carrier Safety Regulations (FMCSRs) define on-duty time as “all time from the time a driver begins to work or is required to be in readiness to work until the time the driver is relieved from work and all responsibility for performing the work.” This on-duty time includes:
It is noteworthy to mention that the FMCSRs do not explicitly define “off-duty” but it generally includes the 3 exceptions mentioned above (resting in a parked vehicle, sleeping berth, two hours in the passenger seat).
The regulations define an accident as an occurrence involving a commercial motor vehicle on a highway in interstate or intrastate commerce which results in any of the following:
Furthermore, the term “accident” does not include an occurrence which involves only:
To further clarify the definition, the regulations define highway, fatality, and disabling damage. The regulations define a highway as any road, street, or way (whether on public or private property) open to public travel– open public travel means the road of way is available and passable by four-wheel standard passenger cars and is open to the general public.
Additionally, a fatality is defined as any injury that results in the death of a person at the time of the accident or within 30 days of the accident. Lastly, disabling damage is defined as vehicle damage that prevents a vehicle from leaving the scene of the accident in its usual manner in daylight after simple repairs.
After a driver has been in an accident, the employer motor carrier must maintain an accident register for three years after the date of each accident. The information included in the accident register must include the date of accident, city or town where the accident occurred and the state where the accident occurred, the driver’s name, the number of injuries and fatalities, and whether hazardous materials other than fuel spilled from the fuel tanks.
It’s also important to note that employer motor carriers are NOT required to report CMV accidents to the FMCSA.