Truck Driver Violations of Hours of Service

Commercial trucks loom over smaller cars on the road and outweigh them by tens of thousands of pounds. It takes many separate entities to ensure that a large commercial truck is well-maintained, carrying secured cargo, and driven by an alert, well-qualified driver. The trucking industry falls under regulation by the Federal Motor Carrier Service Administration (FMCSA), which puts standards in place to ensure the safest possible transportation of freight. One way the FMCSA accomplishes this is by limiting service hours to minimize trucker fatigue.

What Are the Hours of Service Limits for Truck Drivers?

Under Federal regulations, “Hours of Service” (HOS) refers to “the maximum amount of time drivers are permitted to be on duty including driving time, and also specifies number and length of rest periods, to help ensure that drivers stay awake and alert.”

Under FMCSA regulations, the following rules apply:

• Under the 11-hour rule, drivers may drive for no more than 11 hours after 10 consecutive hours off duty. 
• Under the 14-hour rule, trucking companies cannot allow a truck driver to drive after the 14th hour on duty after 10 consecutive off-duty hours.
• Under the 16-hour rule, a driver may exceed the 14-hour limit by two more driving hours once every seven days if they went off duty at their normal work location for the previous five trips, were released from duty at their work location within 16 hours after starting duty, or after 10 consecutive off-duty hours. This exception only applies if the driver hasn’t used this exception within the previous six consecutive days except after a 34-hour restart of their 7-8 day driving period
• A driver may extend their driving hours by two hours under adverse driving conditions such as slippery roads or poor visibility that requires slower driving
• A driver may not drive after a total of 60 hours on duty within seven consecutive days or after 70 hours in eight consecutive days with an off-duty period of 34 or more consecutive hours, which restarts their 7-8 day period

In addition to the above driving hour limits, FMCSA regulations require truck drivers to keep meticulous logs of their driving hours to avoid exceeding their limits. Most hour logging is electronic in today’s trucking industry.

What Happens If a Truck Driver or Trucking Company Violates the Hours of Service Limitations?

Despite stringent requirements for logging hours, truck accident attorneys in Atlanta explain that violations of driving limits are not uncommon. Both drivers and trucking companies have a legal obligation to follow driving hour limits. If they violate these limits, they face serious penalties. 

When a law enforcement officer finds a driver in violation of their HOS limits, they can require the driver to pull off the road immediately. The driver may also face penalties ranging from $1,000 to $11,000, depending on the seriousness of the violation. Multiple violations may impact their commercial driver’s license and their driver compliance, safety, and accountability score.

Trucking companies who allow or compel drivers to violate hours of service limits face penalties of up to $16,000 per violation. They may also face the suspension or revocation of their authority to operate a commercial freight company.

How Can a Truck Accident Attorney Help?

Tiredness and the monotony of the roadway is a dangerous combination for a fatigued driver, causing delayed reaction time and making it more likely that they’ll fall asleep behind the wheel. Violating driving hour limits leaves a truck driver or the company they work for liable for an injury victim’s damages, such as medical expenses, lost wages, and compensation for pain and suffering after an accident. If you or a loved one suffered injuries in a truck accident, reach out to the experienced Atlanta personal injury lawyers at Piasta Walker Hagenbush for help with your truck accident claim today.