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Leandros A. Vrionedes, P.C. Motto

FMCSA Hours of Service Regulations: How They Work and Their Impact on Road Safety

Truck driver driving the truck and rubbing his face with his hand in a clear gesture of tiredness and fatigue at the wheel.The Federal Motor Carrier Safety Administration (FMCSA) Hours of Service (HOS) regulations are designed to limit the number of hours commercial truck drivers can operate their vehicles to reduce the risks associated with fatigued driving. These rules, which apply to commercial drivers operating large trucks and buses, establish limits on driving time, required rest periods, and mandatory breaks. While the regulations are meant to improve road safety, they remain quite generous to the trucking industry, allowing long hours of operation that can still contribute to driver fatigue. Additionally, some drivers and trucking companies ignore the regulations, increasing the risk of catastrophic accidents.

If you or a loved one has been injured in a truck accident in New York City caused by a drowsy or fatigued truck driver, contact Leandros A. Vrionedes, P.C., to speak with a skilled and dedicated New York truck accident attorney.

Understanding FMCSA Hours of Service Rules

The FMCSA HOS regulations apply to commercial motor vehicle (CMV) drivers engaged in interstate commerce, including those operating trucks weighing over 10,001 pounds, vehicles designed to transport at least nine passengers for compensation or 16 passengers without compensation, and vehicles transporting hazardous materials that require placarding. The core regulations include the following provisions:

  • 11-Hour Driving Limit: A driver may drive for up to 11 hours after ten consecutive hours off duty.
  • 14-Hour Limit: Drivers cannot drive beyond the 14th consecutive hour after coming on duty, even if they take breaks during that period.
  • 30-Minute Break Requirement: A driver must take a 30-minute break after driving for eight cumulative hours without a 30-minute interruption.
  • 60/70-Hour Limit: Drivers can drive up to 60 hours on duty in seven consecutive days or 70 hours in eight consecutive days. A driver can reset this limit by taking 34 consecutive hours (less than a day and a half) off duty.
  • Sleeper Berth Provisions: Truckers using a sleeper berth can split their required 10-hour off-duty period into two segments, provided one segment is at least seven consecutive hours and the other is at least two consecutive hours, and both total at least ten hours.

Exceptions to Hours of Service Regulations

Despite these rules, several exceptions exist that allow drivers to extend their driving hours in certain situations. Some of these exceptions include:

  • Short-Haul Exception: Drivers who operate within a 150-air-mile radius and return to their starting location within 14 hours do not have to keep a logbook and can have more flexibility in their hours.
  • Adverse Driving Conditions Exception: If unexpected adverse weather or road conditions delay a trip, drivers may extend their maximum driving time by up to two hours.
  • Split Sleeper Berth Exception: Drivers can split their required off-duty time into two periods, which may allow for more flexibility in scheduling rest breaks.
  • Emergency Declarations: During federally declared emergencies, HOS regulations may be temporarily suspended to allow for the rapid transport of essential goods and services.

The Dangers of Drowsy Driving

Drowsy driving is a significant hazard on the roads, leading to thousands of drowsy-driving truck accidents each year. Fatigued truck drivers have slower reaction times, impaired judgment, and decreased ability to focus on the road. Studies show that being awake for 18 hours straight impairs a driver’s ability as much as having a blood alcohol concentration (BAC) of 0.05%, and being awake for 24 hours has the same effect as a BAC of 0.10%, which is above the legal limit for driving.

Truckers often push themselves to meet tight delivery schedules, and the repetitive nature of long-haul driving can lull them into a dangerous state of fatigue. Many truck drivers also suffer from sleep apnea and other sleep disorders, which further contribute to exhaustion behind the wheel. Despite the FMCSA regulations, the reality is that many truck drivers operate their vehicles while dangerously fatigued, increasing the risk of devastating accidents.

Are the Hours of Service Rules Too Generous?

The trucking industry benefits from rules that still allow extensive driving hours, even with the supposed safeguards in place. While the HOS regulations set limits, they still permit drivers to operate their trucks for up to 11 hours in a single shift and work up to 70 hours in an eight-day period. This is far more than the standard 40-hour workweek of most professions, and it’s easy to see why truckers frequently experience exhaustion.

Additionally, the flexibility allowed in the rules, such as the split sleeper berth provision and exemptions for adverse conditions, can sometimes be exploited to keep drivers on the road longer than they should be. The trucking industry has lobbied extensively to maintain these generous limits, arguing that tighter restrictions would harm the economy. However, the trade-off is that fatigued truck drivers remain a significant danger on the nation’s highways.

Hours of Service Violations: A Widespread Problem

Despite the regulations, many drivers and trucking companies violate HOS rules, often under pressure to meet deadlines. Electronic logging devices (ELDs) have been implemented to track compliance, but drivers and employers sometimes find ways to falsify records or pressure drivers into exceeding legal limits. Some common violations include:

  • Driving beyond the 11-hour limit
  • Falsifying logbooks or electronic logs
  • Skipping mandatory breaks or rest periods
  • Exceeding weekly driving limits

When trucking companies prioritize profits over safety, they may encourage or force drivers to operate beyond legal limits. This creates dangerous conditions not only for truckers but for everyone sharing the road with them.

Holding Negligent Trucking Companies Accountable

When truck drivers exceed the FMCSA Hours of Service regulations and cause accidents, victims have the right to seek compensation for their injuries. A truck accident lawyer can investigate the driver’s logbooks, ELD records, and other evidence to determine whether an HOS violation contributed to the crash. If a trucking company encouraged or ignored violations, it can be held liable for negligence.

Even when drivers comply with HOS regulations, the risk of fatigue-related accidents remains high due to the long hours permitted. If you or a loved one has been injured in a truck accident, an experienced attorney can help you understand your rights and pursue justice against negligent drivers and companies.

Contact Injury Lawyer Leandros A. Vrionedes for Help After a Truck Accident in New York City

The FMCSA Hours of Service regulations exist to reduce fatigue-related trucking accidents, but their generous allowances still leave room for danger. While the rules set limits on driving time, they do not eliminate the risk of drowsy driving, and many truckers continue to violate the regulations, increasing the likelihood of crashes. If you have been injured in an accident involving a commercial truck, seeking legal assistance can help you hold negligent drivers and trucking companies accountable for the harm they have caused.

If you or a loved one has been hurt in a truck accident in New York City, Long Island, or Westchester County, contact Leandros A. Vrionedes, P.C., for a free consultation to discuss your case. We are dedicated to helping accident victims recover the compensation they deserve.

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