Regulations for Commercial Motor Vehicle Operators in Adverse Weather

In adverse winter weather conditions, such as heavy or packed snow, ice, or slick roads, it is important for all drivers to use safe driving practices to prevent accidents, regardless of vehicle size. However, commercial motor vehicle (CMV) drivers are held to a higher standard and are required to follow specific rules when driving in adverse winter weather. The size and weight of their vehicles make a wreck involving a semi tractor-trailer, bus, flatbed, or other big truck deadly. As a result, special rules to prevent these accidents are required.

These rules are in place to protect both CMV operators and passenger vehicle drivers. When a semi or heavy truck is involved in a wreck in wintery weather, it can quickly result in multiple collisions and multi-vehicle pile ups, leaving other drivers dead, severely injured or stranded in traffic in freezing temperatures. By following the regulations in place in both the Commercial Driver’s License (CDL) Manual and the Federal Motor Carrier Safety Regulations (FMCSRs), truck drivers can save lives.

What Are the Rules Outlined in the FMCSRs?

The Motor Carrier Safety Planner states under rule 392.14 that “extreme caution must be exercised when hazardous weather conditions adversely affect visibility or traction as it relates to a motor vehicle”. Adverse weather conditions may seem like a vague defining phrase to most people, covering environmental factors like heavy wind, rain, snow, or other severe weather. But the Federal Motor Carrier Safety Administration (FMCSA) uses a strict definition, not leaving it up to the driver’s discretion whether the roads are safe to travel or if they are required to adjust how they drive.

According to the FMCSA, adverse driving conditions can fall into several categories, including problematic weather like fog, snow, sleet, and icy roads. And while fleet managers and drivers can apply for an adverse driving conditions exemption, the weather must adhere to specific criteria. So, what are the guidelines that drivers are required to follow when they find themselves facing adverse weather while driving?

The FMCSA states that drivers must reduce speed under adverse conditions, and if conditions become sufficiently dangerous, then operators are required to immediately discontinue their trip until the vehicle can be driven safely. However, if stopping would increase the danger to the driver, occupants, or other people on the roads, then the driver should continue operating their CMV until they come upon the nearest location where danger can be eliminated.

Professional drivers have a right to refuse driving in dangerous road conditions without facing the threat of termination, as stated in the Surface Transportation Assistance Act. The FMCSA rule regarding driving in adverse weather conditions contributes to the right to refuse, but a driver cannot simply refuse to transport a load because snow is forecast.

According to Overdrive, a trucking news source, conditions must be dangerous at the time of refusal, whether that is at the beginning of a trip or at some point during it, that makes it unsafe to operate a heavy truck. While what is considered unsafe can be subjective, operators who choose not to drive in adverse weather can document weather forecasts, photos and videos, and names and contact information for other drivers facing the same conditions. Most importantly, drivers should communicate their refusal to their supervisor in writing.

What are the Guidelines in the CDL Manual?

Section 2.13 of the CDL Manual lists several guidelines for drivers to follow in the event of adverse winter weather, including vehicle checks to ensure your vehicle is prepared for winter weather and recommendations for driving in snowy or icy conditions.

When there is incoming winter weather, drivers are advised to pay extra attention to the following during their regular vehicle inspection:

• Coolant level and antifreeze amount
• Defrosting and heating equipment
• Wipers and washers, adding windshield washer antifreeze to prevent freezing of fluid
• Tires, ensuring tread is deep enough for traction on wet pavement and snow
• Tire chains, checking that you have the right number of chains and cross-links
• Lights and reflectors
• Windows and mirrors, clearing ice and snow before driving
• Hand holds, steps, and deck plates, removing slipping hazards
• Radiator shutters and winter front, clearing ice if needed
• Exhaust system, ensuring proper ventilation.

In the event of adverse driving conditions, drivers should adjust their driving tactics in the following ways:

• Drive slowly and smoothly on slippery roads, and stop at a safe place if the road is very slippery
• Start driving gently and slowly
• Check for ice on the roads, especially while on bridges and overpasses. Lack of spray from other vehicles can indicate ice on the roads
• Adjust turning and braking to conditions, turning and braking and gently as possible
• Adjust speed to conditions, especially when taking curves
• Alter following distance and anticipate stops early, slowing down gradually
• Be wary of wet brakes, which can cause them to be weak, apply unevenly, or grab. Test brakes when it is safe to do so.

Furthermore, Section 2.6.2 of the CDL Manual specifies the requirement to match speed to the road surface, emphasizing that drivers cannot “steer or brake a vehicle unless you have traction” and that “there are some road conditions that reduce traction and call for lower speeds”. The most important road condition to look out for is when the surface becomes slippery. When roads are slippery, it takes longer to stop, and it will be hard to turn without skidding.

Wet roads also double the distance needed to bring your vehicle to a stop. The CDL Manual states that CMV drivers must drive slower in order to stop in the same distance as on a dry road, and that drivers should reduce speed by about one-third on wet roads. For packed snow, they must reduce their speed by at least half. When the surface is icy, operators should reduce speed to a crawl and stop driving when it is safe to do so.

CMV drivers should look out for the following signs of slippery roads:

• Shady areas remain icy after open areas have melted
• Bridges freeze before the road does
• Melting ice makes ice wet, making it more slippery
• Black ice is a thin layer of ice that makes the road look wet
• Vehicle icing can be a sign that the road surface is beginning to ice over
• Just after rain begins, the water mixes with oil on the road from other vehicles, making roads slick
• Hydroplaning can occur when water or slush occurs on the road, leading to tires losing contact with the pavement. If you hydroplane, do not use the brakes; instead, release the accelerator and push in the clutch to regain control.

Heavy trucks are susceptible to wheel lockups, jack knifing, or pulling to one side when driving in icy or snowy conditions, ultimately leading to devastating wrecks and/or multi-car pile ups. By following the guidelines outlined by the CDL manual, CMV drivers can prevent dangerous accidents, working to keep themselves and everyone else on the road safe in winter weather.

Injured After a Winter Weather Accident? Craig, Kelley & Faultless Can Help

Attorneys at Craig, Kelley & Faultless are prepared and have the experience to help victims and their loved ones involved in commercial vehicle wrecks through every aspect of their case. Both attorneys David W. Craig and Scott A. Faultless are board-certified in truck accident law by the NBTA, accredited by the American Bar Association. The firm also has a rapid response team that works with investigators, reconstructionists and mechanics who immediately collect evidence as soon as the firm is hired. Additionally, two of the firm’s litigation paralegals are board-certified in truck accident law by the Academy of Truck Accident Attorneys. As David has said, “We don’t just handle truck accident cases. We specialize in these cases.”

Their team-centered approach puts client needs at the forefront, and several attorneys will work on your case to achieve the best possible outcome.

Reach out for a free case consultation today at (888) 253-5198 or online.

David W. Craig is board-certified by the National Board of Trial Advocacy, accredited by the American Bar Association in Truck Accident Law. He sits on the Board of Regents of the Academy of Truck Accident Attorneys (which requires the board certification in truck accident law). He is the managing partner and one of the founding partners of Craig, Kelley & Faultless LLC. He is recognized as a Top 10 Trucking Trial Lawyer and Top 100 Trial Lawyer in Indiana by the National Trial Lawyers, as well as a Top 50 Indiana lawyer by Super Lawyers. David is the author of Semitruck Wreck, A Guide for Victims and Their Families and It’s Never Been Easier to Hire the Wrong Attorney, both written to help people navigate what comes next after a tragic wreck. He also hosts the podcast After the Crash, where you can gain valuable information about the dangers involving semis and large trucks that do not follow safety protocol regarding speed, weather conditions, maintenance upkeep, etc.