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How Many Hours Can Truckers Drive?

Truck drivers and the companies they work for are subject to strict federal regulations designed to make the trucking industry safer. Federal regulations imposed by the Federal Motor Carrier Safety Administration (FMCSA) and DOT regulations address hours of service rules among many other regulations.

When a truck driver violates these service rules, they can face penalties for their actions. If a truck driver fails to obey hours of service regulations or any other rule and there is an accident, it can mean the trucker and the trucking company can face liability.

Truck accidents often cause serious injuries. A truck is much larger and heavier than other vehicles, so it has a greater potential to cause catastrophe. The Law Office of Jack M. Shapiro is a personal injury law firm that provides representation to any victim suffering a truck driving injury. In this article, we discuss the hours of service regulations that truck drivers must follow and what it may mean in a truck accident case when HOS rules are not followed.

Federal Limits on Hours of Service for Commercial Truck Drivers

Truck drivers involved in interstate commerce must adhere to the Federal Motor Carrier Safety Administration’s hours of service regulations that set the maximum hours for driving time as well as the minimum time for rest before they can go back on duty and start driving again.

Under these rules, truck drivers can drive for up to 11 hours during a 14-hour period of on-duty time. They are required to take rest breaks following these periods for 10 consecutive hours. Passenger-carrying drivers are restricted to a 10-hour period after eight hours of off-duty time. 

Drivers have a 14-hour period that allows them to drive up to 11 hours. They are required to take a 30-minute break after 8 hours of driving. This also means that after they reach the 14-hour limit of consecutive hours after 10 hours off duty, they are not permitted to drive. 

Additionally, the off-duty 10-hour rest break is defined as time spent in the sleeper berth, not being on duty, or splitting this time not driving and in the sleeper berth. The regulations also specify that property-carrying drivers must stop driving when they have reached 60 hours on duty in a 7-day window (one week) or 70 hours in an 8-day span.

Drivers need to take a 34-hour break to restart the time clock. These breaks can be spent in the sleeper berth, which must include two periods not on duty, such as at home with family or at the nearest truck stop.

Exceptions to Hours of Service Regulations for Truckers

While there are many rules for truckers, there are also certain exceptions to the regulations that guide truck drivers. For example, when drivers work in teams, they can switch places between passenger and driver when one is not on duty.

Another example of an exception to regulations for truckers is when they are using the truck for their personal conveyance. Any driving done at the same location in a limited-access lot would also be exempt.

A short-haul exception may apply when drivers travel within a 150-mile radius to begin and return to their starting point within 14 hours. Instead, truckers can use daily reporting hours. 

There is also an exemption to address adverse driving conditions. Truckers may extend their driving time beyond the workday limits for up to 2 hours due to unforeseeable conditions such as snow, sleet, icy roads, fog, or unusual traffic or road conditions. There are additional emergency stipulations for drivers that may allow them to extend their driving periods. 

Penalties a Truck Driver May Face for Violating Hours of Service Regulations

A truck driver who violates these rules will be subject to consequences; they could be put out of service and fined. Truckers and carriers in violation can also have negative impacts on their CSA scores. If a driver breaks the rules, they open themselves up to civil lawsuits in the event of an accident and the company they work for could also be held liable.

Photo of a truck on the road driving

How Violating Hours of Service Regulations Could Be a Factor in Truck Accidents

The restrictions on the hours truckers can drive are imposed for the safety of everyone, from the driver of the truck to every vehicle driver on the road. Driving while tired is a huge factor in accidents. If a driver gets behind the wheel without taking a long enough break and causes an accident, personal injury law allows the victims to hold the truck driver accountable.

Even with an obvious breach of hours of service regulations, it may be difficult to secure compensation for your injuries. You will be going up against the insurance company of the driver of the truck or the trucking company they work for, which is difficult without legal representation.

Why You Should Hire an Attorney for Accidents with Commercial Vehicles

When a trucker is driving when they should be on a break and causes a crash, leading to your painful injuries, you have the right to legal recourse. You should not proceed without discussing your case with an attorney who has experience and an understanding of the rules that govern truckers and the agencies that employ them.

These vehicles are required to be operated in a safe and proper fashion. When drivers go beyond the hours they are allowed to drive per week and cause an accident, they may be liable. An attorney can investigate the crash to determine what was logged in the electronic logging device (ELD) that is responsible for reporting everything a driver does. 

The trucker may not be the only one to blame as their employer could have forced them to work beyond their service hours. Other factors may become apparent through an investigation as well, such as if the trucker adhered to the set maintenance date to keep the truck in proper roadworthy condition, if cargo loaders failed to properly load the cargo, or if a faulty part was to blame.

If you or a loved one were in a truck accident, it is vital that you discuss what happened with a lawyer. When terms of service are breached, an attorney can use the available evidence to build a strong case to secure compensation for your injuries and damages. The Law Office of Jack M. Shapiro can help you by checking for regulation violations and using their resources to access evidence for your case. Set up a free legal consultation to discuss your truck accident.

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