The Federal Motor Carrier Safety Administration has set forth detailed regulations regarding trucking operations. The first step in establishing primary liability against the driver in a trucking cases requires the discovery of documents that relate to these regulations.
1
Driver's Logbook
The logbook contains daily log sheets which must be completed by the driver. These books record the driver’s hours of service, miles traveled, on or off duty status and other information about the trip for each 24-hour period while she is on the road. This information is required to be kept under FMCSR 395.8. All documents responsive to these requirements should be requested. For example, FMCSR 395.8 requires the following to be included in the logbook:
1. Date;
2. Total miles driving for that day;
3. Truck or tractor and trailer number;
4. Name of Carrier;
5. Driver’s signature/certification;
6. 24 hour period starting time;
7. Main office address;
8. Remarks;
9. Name of the co-driver;
10. Total hours; and
11. Shipping document num
2
On Board Computer Reports
Some tractors are equipped with on-board computers that monitor vehicle and driver performance and stores the information to later be uploaded into a larger system. This information is often used to generate reports of the performance of the driver, vehicle, and trip. Further, the technology of today allows these computers, if equipped with GPS, to monitor very specific details about the trip. This information can record the speed at any particular time, the location at any particular time, route traveled, any detours, average speed, time stopped and lots of other specific details.
3
Bills of Lading
A bill of lading is a document that is required to be issued as a receipt of goods, evidence of title to the property being transported and as the contract of carriage setting forth the names of the contracting parties and the terms of the carriage. The Bill of Lading allows a party to ascertain the identity of the parties that contracted for the shipment.
4
Freight Bill
The freight bill contains much of the same information as the bill of lading. The freight bill also contains information on all the charges, the trailer number, the origin and destination terminals and special instructions to the driver for handling or delivering the load.
5
Trip Report
This document is a detailed account of the entire trip for that particular haul. A trip report would contain facts about the trip. These facts include; date and place of beginning and end, driver’s name, truck equipment numbers, odometer readings, states traversed, monetary advances, fuel expenses and other expenses. This information can sometimes be taken from the on board computer or compiled from the drivers log and other documents.
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