How Many Hours Can a Truck Driver Drive?

Commercial truck drivers are key to our economic growth as they ferry goods across vast distances. However, the demanding nature of their job also makes them susceptible to fatigue, which can lead to severe accidents. There are regulations about how many hours can a truck driver drive, which is essential for both drivers and victims of truck accidents.

A truck driver can drive as many hours as guided by the Federal Motor Carrier Safety Administration (FMCSA), a section of the Department of Transportation (DOT). If you’ve been involved in an accident with a truck, hire a truck accident lawyer from Dyer, Garofalo, Mann & Schultz. Your attorney will help you understand the meaning of the Hours of Service (HOS) rules and how they may affect your claim.

Read on to get answers to your pressing questions so you may understand the truck driving hours regulations and how they apply to your case.

How Many Hours a Truck Driver Is Allowed To Drive?

The trucking industry is one of the most regulated industries in the US. Truck drivers must operate within the Hours of Service (HOS) regulations. These regulations aim to eliminate fatigued driving and avoid potentially life-threatening crashes.

A truck driver is allowed to follow these regulations:

A truck driver is allowed to drive for up to 11 hours after having 10 consecutive hours off duty. This is the maximum amount of time a driver can be behind the wheel during a work shift.
The driver can be on duty for up to 14 consecutive hours, including driving and non-driving tasks such as loading and unloading cargo. Once this 14-hour period is reached, the driver must take a 10-hour off-duty break before starting a new shift.
Over a period of 7 or 8 consecutive days, a driver cannot drive after having been on duty for 60 hours across 7 days or 70 hours over an 8-day span. The driver can restart the 7 or 8-day period and take at least 34 consecutive hours off duty. Your off-duty time should involve at least two breaks between 1 a.m. and 5 a.m. home terminal time.
Truck drivers are required to take a 30-minute rest break after no more than 8 consecutive hours of driving.
Truck drivers utilizing a sleeper berth are required to allocate a minimum of 8 consecutive hours within the berth. Additionally, they must take a separate period of 2 consecutive hours, which can be off-duty, in the sleeper berth, or a combination thereof.

Additionally, a truck driver can keep a logbook of working hours so as to be able to prove adherence to HOS regulations in case of an eventuality.

However, the use of Electronic logging devices (ELDs) to track a driver’s hours of service has facilitated compliance with the regulations set by the Federal Motor Carrier Safety Administration (FMCSA). These devices virtually eliminate the likelihood of drivers giving falsified log books and prevent drivers from exceeding their stipulated hours of service. This helps reduce driver fatigue and enhances road safety.

Processing all these regulations may be challenging. Truck accident lawyers have experience and knowledge from years of advocating for clients in truck accident cases. Therefore, be sure to call and ask your lawyer what these regulations mean so you can understand and follow them accurately.

How Often Do Truck Drivers Take Rests?

Rest breaks are a major component of the HOS regulations that provide drivers with adequate time to rest and recuperate. The FMCSA mandates that truck drivers take 30-minute breaks to combat fatigue. This should come after 8 consecutive hours of driving. This can be taken in various forms, such as off-duty or sleeper berth time.

Additionally, the rule features provisions commonly known as sleeper berth. Drivers can split their mandatory rest period by using the sleeper berth in their truck. For example, a driver can spend 7 hours in the sleeper berth and then take a subsequent 3-hour break later. The combined time must equal 10 hours.

What Are DOT Driving Hours?

These regulations specify the maximum driving hours, rest periods, and off-duty requirements for commercial truck drivers every day and week. They include:

Maximum driving hours: As outlined, the maximum driving limit is 11 hours within a 14-hour workday.
Workday limit: Drivers should not exceed 14 hours of work, including driving and non-driving tasks.
Weekly limits: Drivers must adhere to the 60/70-hour rule, which limits total on-duty hours over a 7 or 8-day period.

HOS regulations change when a commercial vehicle is involved in passenger transportation. Drivers transporting passengers are limited to a maximum of 10 hours of driving time. They are prohibited from driving after exceeding 15 consecutive hours on duty.

Furthermore, passenger drivers are restricted to no more than 60 hours of driving within a 7-day period or 70 hours within an 8-day period. This ensures that drivers operate their vehicles safely and responsibly.

What if a Truck Driver Fails to Comply With HOS Regulations?

If a truck driver does not comply with HOS regulations, they may face serious consequences. Violation of HOS regulations leads to hefty fines and other sanctions. The FMCSA imposes fines on drivers and trucking companies for HOS violations. These fines can range from $1,100–$16,000 per violation, depending on the magnitude of the violation.

Also, a driver found to be in violation of HOS regulations may be placed out of service. This means they will be prohibited from driving until they comply with the required rest periods.

Another way violating HOS guidelines affects drivers is the impact on insurance and licensing. It will stay in your driver’s commercial driver’s license (CDL) record and may affect your status. This can potentially lead to increased insurance premiums and other operational challenges.

The other obvious repercussion of non-compliance is compromising road safety due to the increased risk of accidents. When truck drivers are fatigued, their reaction time, alertness, and decision-making abilities are significantly impaired. This can result in serious accidents that could have been prevented if proper rest periods were taken.

In fact, according to research, fatigue driving is the cause of 30-40% of truck crashes. This means that over 328,000 accidents occur due to driver fatigue every year. Further research reveals that driving after being up for 20 hours and drunk driving are similarly risky to road safety.

A classic example is a rear-end accident that happens when a truck driver delays to react, ramming into the back of another vehicle. Your lawyer will help prove that the other driver failed to comply with HOS regulations.

Can a Driver Be Held Responsible for an Accident if They Were Fatigued?

Driver fatigue has been a major concern in the trucking industry for several decades. In many truck accidents, the truck driver was found to have been fatigued at the time of the accident. Thus, they can be held responsible for the resulting damages.

For the driver to be responsible for the accident, but must prove that the HOS was violated. Truck lawyers like to rely on Electronic Logging Devices (ELDs) and logbooks to collect evidence and determine whether a driver is compliant with OHS regulations. These records can be subpoenaed in a legal case to establish whether the driver exceeded their allowed driving hours.

If it is proven that the driver was fatigued and violated HOS regulations, this can be used to establish negligence. Both the driver and their employer can be held liable for the accident, potentially leading to significant compensation for the victims.

How Can a Truck Accident Attorney Help Me Hold the Responsible Driver Accountable?

If you are a victim of a truck accident caused by fatigued drivers, you need to seek legal support immediately. Your truck accident lawyer does the following:

Expert testimony: Your lawyer will secure expert testimony from professionals such as accident reconstruction experts, medical specialists, and transportation safety experts to establish the cause of the accident and the extent of your injuries.
Company policies, procedures, and records: Your lawyer will obtain and review the trucking company’s guidelines to identify any violations of safety regulations or Hours of Service (HOS) rules that can support your claim.
Medical records: Your attorney will collect and organize your medical records to document the injuries sustained in the accident, demonstrating the impact on your health and your need for compensation for medical expenses and ongoing care.
Witness statements: Your lawyer will gather witness statements from those who saw the accident or have relevant information about the truck driver’s condition and behavior leading up to the crash.
Police report: Your truck accident lawyer will obtain and review police reports to ensure that all details of the accident are accurately recorded and that any citations or findings related to the truck driver’s fatigue are included in your case.

Holding trucking drivers and their employers can be a daunting task. This is majorly so because they have access to vast resources to challenge claims. However, your legal advocate from Dyer, Garofalo, Mann & Schultz will build a winning strategy to ensure they compensate you. We know truck accident injuries can be of high magnitude, so we will employ all resources available to push for not only payment for damages but also adequate compensation.

Call us today at 937-222-2222 or contact us online for your free consultation with an Ohio truck accident lawyer from Ohio Tiger.

Before establishing Dyer, Garofalo, Mann & Schultz L.P.A., Doug Mann, a top Ohio Injury Attorney served as a bodily injury claims adjuster at a major insurance firm. With over 40+ years of experience, Doug’s background has proven invaluable in securing maximum cash settlements for his clients swiftly. Since leaving the insurance industry, Doug has devoted his entire legal career to assisting injured clients during their times of greatest need.