Hours of Service Violations by Truckers
There is no question that driving heavy commercial trucks for a living is very demanding. Drivers want to make ends meet and provide for their families. They may get paid more under certain circumstances by delivering their load as quickly as possible or by covering as many miles as possible.
The problem is, these practices encourage drivers to drive much longer than a driver should safely and reasonably drive. After long periods of driving, there is no question that fatigue sets in, drivers are not as fresh, and crashes are much more likely to occur.
The trucking industry is heavily regulated by both the federal and state governments. The federal government has established a number of guidelines called the Federal Motor Carrier Safety Regulations, and those regulations govern a number of aspects of the trucking industry that affect safety. Such areas of regulation include drug and alcohol usage and testing, driver qualifications, and inspection, maintenance and repair of trucks. A significant area of regulation deals with hours of service violations by truckers.
Attorney Robert “Bob” Byrne
The hours of service violations for truckers provisions are there because the government recognizes that a common cause of trucking accidents is driver fatigue. Drivers face pressure from their trucking companies to complete their runs as quickly as possible, and many drivers seek financial incentives by completing the maximum amount of miles and runs.
The government implemented a number of hours of service rules in the FMCSR to prevent drivers from over-exerting themselves and creating a danger from falling asleep or driving in a fatigued state. These rules dictate when and how long a driver can drive his or her tractor trailer.
The FMCSR contains four main hours of service rules that apply to truckers operating tractor trailers:
- The 11 Hour Rule. A truck driver may drive a maximum of 11 hours after taking an off-duty break of at least 10 consecutive hours. A trucker could violate this, of course, by not taking a full 10 hour break between shifts or by continuing to drive for more than 11 hours.
- The 14 Hour Rule. A truck driver has a window of 14 hours after he or she starts his or her shift to drive. In that 14-hour period, the truck driver is allowed to drive a maximum of 14 hours. The shift must be preceded by a 10 consecutive hour break. Time that is spent off-duty does not extend the 14-hour period.
- Required 30 minute rest breaks. A big rig driver may drive only for 8 consecutive hours before taking a 30 minute, off-duty break. After taking the 30 minute break, a trucker can then drive for another three hours before having to stop per the 11 Hour Rule. There are limited exceptions for this rule, such as for certain drivers who drivers within a 100 air-mile radius of his or her normal work reporting location.
- The 60/70 Hour Limit. In addition to what can be thought of as “daily” rules above, the FMCSR also has a “weekly” limit for driving hours. This weekly limit can come in two forms, either a 60 hour driving limit during any 7 consecutive days or a 70 hour driving limit during any 8 consecutive days. These rules depend on whether the trucking company operates trucks only six days a week or instead operates all seven. For companies that operate six days a week, a driver may not exceed 60 hours of driving during a period of 7 consecutive days. For companies that operate seven days a week, a driver may not exceed 70 hours in 8 consecutive days.
Once a driver has hit their 60/70 hour limit, they may not drive again until they have dropped below the 60 or 70 hours during a consecutive 7 or 8 day period. A truck driver can do a “restart” of their 60/70 clock by taking 34 consecutive hours off duty, which is known as a 34-Hour Restart.
These various rules all work together to try to make sure drivers do not spend so much time behind the wheel that they are unable to drive safely. Driving can be difficult and exhausting work. If a driver does not take breaks, that driver can be exhausted to the point that their ability to drive is impaired. They may fall asleep at the wheel. They may develop health conditions that impact their ability to drive. No matter how you look at it, an exhausted truck driver is not a safe one.
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Here’s a point that is important to remember: just because a truck driver violated the hours of service regulations does not mean that the HOS violation will be admissible in court. That is because the violation of the hours of service rules must have caused the crash. In other words, a court may conclude that a driver was alert but that the crash occurred because the driver’s truck had defective brakes. Although the truck driver will still be legally responsible for the crash, the reason that the crash occurred may not have anything to do with the driver exceeding the permissible hours of service. Instead, the truck crash was caused by driving a truck with defective brakes. If that’s the case, a judge would likely not allow the hours of service violation to come into evidence.
If you were injured in a tractor trailer accident, it is important to hire an attorney who understands the hours of service rules for truckers and to identify hours of services violations by truckers that may have caused an accident. For information about tractor trailer accidents, contact experienced Virginia truck accident lawyer Robert E. Byrne, Jr.
Bob is the first and only attorney in Virginia who has been awarded the designation of becoming Board Certified in Truck Accident Law by the National Board of Trial Advocacy. This distinction is given only to attorneys who have demonstrated deep experience handling truck accident cases, who have passed a mini bar examination dealing with truck law, and passed a rigorous peer review process where other lawyers and judges had to attest to Bob’s ability to handle truck crash cases.
We offer free consultations, and we will not charge any fees unless we receive a recovery.
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