Menu Search Icon Mail Icon
Davis Saperstein & Salomon
Call Today 201-907-5000
No fee if no recovery
All consultations are free

Products Liability Newsletter

Brake Safety for Commercial Motor Vehicles

Because Commercial Motor Vehicles (CMVs) are generally larger and thus potentially more dangerous than other vehicles, CMV brake safety is imperative. In 2003, the Federal Motor Carrier Safety Administration (FMCSA) issued a new rule allowing for performance-based brake testing for CMVs, as opposed to the traditional method of visual inspection.

There are three types of vehicles that are considered CMVs: (1) A truck with a gross vehicle weight rating over 10,000 lbs; (2) a vehicle used to transport hazardous materials carrying a required quantity; and (3) a bus designed to transport more than fifteen people.

FMCSA Rule Permits Performance Brake-Testing
In the United States, thousands of fatalities annually are caused by CMV accidents. A variety of reasons have caused such accidents, such as brake failure.

In an attempt to increase safety, the Federal Motor Carrier Safety Administration (FMSCA) has created a pass/fail criteria for use with performance-based brake testers (PBBTs). PBBTs are a method of measuring the braking performance of CMVs in order to ensure compliance of braking capabilities with the Federal Motor Carrier Safety Regulations.

There are two methods by which PBBT measures the condition of brakes:

  1. Measuring brake forces at each wheel
  2. Measuring overall brake performance in controlled testing

The Goals for Performance Brake-Testing
Implementation of the performance based brake-testing rule is the pinnacle of research that began in the 1990s. PBBTs allow for more frequent and thorough testing of CMVs. The FMCSA hopes that the ability of the PBBT testing to systematically process more vehicles will prevent and lower the number of CMV-related accidents occurring each year. In 2008, the method was approved by the Commercial Vehicle Safety Alliance (CVSA) for roadside enforcement, where trucks which fail testing may be immediately placed out-of-service until they are repaired.

  • Toxic Torts and Workers' Compensation
    A “tort” is defined as behavior that harms an individual, but is not necessarily a criminal act. A toxic tort claim can be brought by an individual who was exposed to and harmed by a toxin due to the conduct of another.... Read more.
  • Personal Injury Due to Breach of Warranty
    Although the public tends to trust the integrity of a product and the company that produces it, not all products are made safely and injury can result from products that are improperly designed, manufactured or distributed. In... Read more.
  • The Use of Circumstantial Evidence to Prove Product Defect
    Individuals who have been injured by a defective product will have a valid legal claim against the manufacturer or distributor of the product if they can prove that the product was defective and that the product defect caused their... Read more.
  • Amalgams - Does the Mercury in Dental Fillings Cause Harm?
    Amalgams are a type of dental tooth filling which, unlike gold or porcelain fillings, contain mercury. In the past several years, the American Dental Association (ADA) and several state dental chapters have come under the attack of... Read more.
Law Commentary Legal News
Share This Page:
Davis, Saperstein & Salomon, P.C., is located in Teaneck NJ and serves clients in and around Teaneck, Hackensack, Bergenfield, Tenafly, Englewood, New Milford, Palisades Park, Englewood Cliffs, Dumont, River Edge, Demarest, Haworth, Oradell, Leonia, Bogota, Maywood, Closter, Alpine, Emerson, Fort Lee, Ridgefield Park, Little Ferry, Bergen County, Hudson County and Passaic County.
Designed and Powered by NextClient

© 2024 Davis, Saperstein & Salomon, P.C. All rights reserved. Custom WebShop™ law firm website design by NextClient.com.