Large, fully loaded commercial trucks involved in collisions can result in severe consequences for all the parties involved, including truck drivers, other motorists, and passengers, potentially causing life-changing injuries and fatalities. To prevent such crashes, state and federal laws place restrictions on what truck drivers and trucking companies can do; one of these laws refers to the hours of service regulation, which aims to combat fatigued driving. Learn about the service hours regulation for truck drivers, including the consequences of violating this stipulation, and discover how Shillen Mackall Seldon & Spicer can help trucking accident victims with their legal claims; call (802) 457-4848 to book a consultation with an experienced Vermont, New Hampshire, or Florida personal injury attorney.
What Is the Truck Hours of Service Regulation?
Most drivers of commercial motor vehicles, which generally refer to vehicles used for business purposes that either weigh at least 10,001 pounds, transport hazardous materials or have the ability to transport at least nine individuals including the driver, must comply with service hour regulations outlining driving and duty time and the length and number of breaks to help drivers remain alert and awake. The Federal Motor Carrier Safety Administration (FMCSA) has a summary of the service hours regulations applying to truck drivers carrying property and passengers; to help enforce these rules, truck drivers have to log their drive miles and time via an electronic logging device, which can track whether the vehicle’s engine is running, the vehicle is moving, and the distance driven in a particular period. Below is an outline of these rules.
Drivers Carrying Property
Property-carrying truck drivers can operate these vehicles for no more than 11 hours following a 10-hour off-duty period, and their maximum on-duty period is 14 hours after a 10-hour off-duty period; notably, drivers can extend these limits by two hours if they encounter challenging driving conditions. These motorists must also have a break of 30 minutes after driving for eight aggregated hours, and they cannot drive following an on-duty period of 60 or more hours over a seven-day period or an on-duty period of 70 or more hours over the course of eight days without taking an off-duty period of 34 hours or more. Truck drivers carrying property can split their 10-hour off-duty period by staying for at least seven accumulated hours in a sleeper berth and the rest of the off-duty period either in or out of the berth, provided the split periods have a combined length of 10 hours or more.
A short-haul exemption is available for these types of truck drivers, applying to the requirement to record their duty status every 24 hours and submit supporting documents to their employer within 13 days. Drivers are exempt from these requirements if their on-duty period does not exceed 14 hours and they operate no more than 150 miles from their specified reporting location; these motorists must report to their employers within 14 hours from their standard reporting location. Understand the consequences of violating the truck hours of service regulation in more detail, and learn about the different legal avenues available to trucking accident victims; get in touch with Shillen Mackall Seldon & Spicer today to discuss a possible legal claim with a Florida, Vermont, or New Hampshire personal injury attorney.
Drivers Carrying Passengers
Truck drivers carrying passengers can drive up to 10 hours following an off-duty period of at least eight consecutive hours; their on-duty period can be a maximum of 15 hours after an off-duty period of eight consecutive hours or more, and as to goods-carrying drivers, extending these periods by two hours is possible when facing unfavorable driving conditions. Similarly, passenger-carrying truck drivers cannot drive following an on-duty period of 60 hours over a period of seven consecutive days or 70 hours over the course of eight consecutive days.
These motorists using sleeper berths must stay in these areas for a minimum of eight hours, but they can split this period in two, provided each period lasts for at least two hours and the combined total of the periods is eight hours or more. The same short-haul exception applies to these drivers as to drivers of trucks carrying goods.
Establishing Liability in Hours of Service Violations
A truck driver’s employer could be liable for violating service hour regulations if the organization knew or should reasonably have known about the violations. Establishing whether a truck driver or trucking company is liable for a trucking accident due to violating these regulations can be challenging and typically involves investigating trucking company records, procedures, and policies, reviewing truck driver log books, cell data, electronic records, receipts, and inspection reports, and collaborating with accident reconstruction specialists and medical professionals to identify what caused a collision and demonstrate that the victim suffered damages.
HOS Violation Penalties
The FMCSA imposes penalties on truck drivers and companies for violating hours of service (HOS) regulations. For instance, trucking companies may incur an $11,000 fine for allowing their drivers to exceed driving time restrictions by three hours or more per offense. By contrast, drivers can expect a $2,750 fine per offense for the same violation.
If a driver or trucking company falsifies service hour records, this can result in additional penalties and fines, which increase in severity for repeated violations. Consecutive or significant HOS violations can potentially lead to the suspensions of a truck driver’s commercial driver’s license or a trucking company’s operations. Additionally, trucking companies and drivers might be subject to civil lawsuits brought by entities or individuals as a result of their negligence, particularly if the violations result in a serious collision.
Schedule a Consultation With a New Hampshire Personal Injury Attorney Today
Drivers of commercial vehicles must comply with FMCSA service hours regulations, which outline the length of time truck drivers can safely operate these vehicles, as well as duty time and the length and frequency of rest periods. When trucking companies and drivers violate these regulations, it puts motorists and passengers at risk; if injured as a result of this type of negligence, consider reaching out to a seasoned New Hampshire, Florida, or Vermont personal injury lawyer. To continue the discussion of violations related to the truck hours of service regulation, and to gain assistance with bringing a legal claim, call Shillen Mackall Seldon & Spicer today at (802) 457-4848.