Personal Injury Newsletter

The Need for Brake Safety in 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.

© 2026 NextClient.com, Inc. All rights reserved.

• Compensation for Slip and Fall Injuries
  There is no concise formula to determine whether injuries sustained from a fall are the responsibility of another. Each case is individually evaluated to see if the business or property owner was careful to prevent any injuries. The... Read more.
• SUV Rollovers and Product Liability Claims
  “Sport Utility Vehicles” (SUV’s) have become increasingly popular. It has been estimated that SUV’s comprise 25% or more of new car sales, as opposed to only 2% in 1985. Unfortunately, serious questions have been raised about... Read more.
• Cellular Phone Related Injuries and Employer Liability
  In one decade, cellular telephone use has gone from being a novelty for the fortunate few, to being commonplace in our society. Most Americans have a “cell phone” and many use them while driving. In light of the associated dangers,... Read more.
• Injuries at Sporting and Entertainment Events
  The liability of property owners for injuries that occur to persons on their property is largely a creation of state law and court decisions. For this reason, the nature of a property owner’s duties to individuals on the owner’s... Read more.

• UK Police Say 70 Women in Mohamed Al-Fayed Abuse Case Show Signs of Human Trafficking
• Alec Baldwin Loses Most Claims Against ‘Rust’ Prosecutors, but Parts of Lawsuit Survive
• Federal Judge Rules Flock License Plate Search Unconstitutional After Cop Followed Woman Over California Plate
• New York AG Letitia James Takes Over Cornell 7 ‘Gang-Rape’ Investigation After Hochul Removes Local DA
• Renee Good’s Family Sues U.S., ICE Agent and Trump Officials Under Ku Klux Klan-Era Law