Transportation is synonymous with Commercial Trucking, and Florida’s State and Federal highways are the backbone of the transportation system used by Florida’s trucking industry. In addition to the typical traffic control regulations that govern passenger vehicles, commercial trucks are subject to regulations governing safety, size and weight. The Department has primary responsibility for these regulations, and has adopted rules to implement its authority in this area under the Florida Transportation Code.

Commercial trucks are subject to safety regulations that govern the hours of service by the driver, maintenance and operation of the vehicle, weight limitations and dimensional limitations. The Department issues special permits for overweight and overdimensional loads, based on criteria in its rules. The Department conducts roadside inspection of trucks, including safety and weight inspections. The Department also conducts “terminal audits” to review maintenance and driver records at central locations.

Trucks that fail to comply with safety, weight and size limitations (including overweight/oversize permit conditions) are subject to significant penalties, which are often collected on-the-spot. The Department’s statutes governing penalties also include a “Review Board,” which can reduce the penalties imposed by the Department, prior to an administrative hearing.

The Firm of Williams, Wilson & Sexton includes past Department attorneys who were actively involved in safety and weight enforcement litigation. The Firm has been involved in working with the industry and the Department to modify the Departments’ policies limiting truck weights, in an effort to develop an approach that would permit larger trucks on the highways under limited conditions.