What Happens When a Truck Driver Violates Federal Hours-of-Service Rules

Federal authorities can enforce hours-of-service regulations and issue fines to truck drivers who violate them. Depending on the violation, a driver or commercial vehicle may also be placed out of service. These rules limit driving and on-duty hours because fatigue can impair judgment, slow reaction times, and increase the risk of crashes.

New Mexico covers more than 121,000 square miles and has long rural highways and commercial trucking routes. Extended driving distances and demanding schedules can make compliance with hours-of-service rules especially important for truck drivers traveling across the state.

If a fatigued truck driver causes an accident, determining whether the driver exceeded federal hours-of-service limits can be an important part of investigating the crash. Anyone involved in such an accident may benefit from legal assistance in filing a truck accident claim in New Mexico to understand their legal options and determine whether driver fatigue or a violation contributed to the collision.

What are the Federal Hours of Service Limits?

The basic limits are in 49 CFR § 395.3 for most property-carrying truck drivers. The rule of thumb for a driver is 10 hours off duty before driving, a maximum of 11 hours driving, and 14 hours on duty, and not driving after the 14th hour on duty.

The rule also stipulates that there must be 30 minutes off driving after eight hours of driving in total. A driver will not be allowed to operate the vehicle after 60 hours on duty in 7 days or 70 hours on duty in 8 days. The applicable calculation can be restarted after a 34-hour off-duty period.

What Happens When a Driver Exceeds the Limits?

A violation may result in enforcement action, a penalty, and an out-of-service order until the required rest period is satisfied. Consequences can also be imposed on carriers for pressuring/disallowing drivers to operate outside legal limits.

Following an accident, investigators will look at electronic logging device records, dispatch messages, fuel receipts, bills of lading, GPS data, and other records. These documents can identify if the driver's hours reported are on schedule.

How Will an HOS Violation Impact My Truck Accident Claim?

Yes. An hours-of-service violation is not a prima facie violation and doesn't necessarily constitute a violation of liability, but it does prove negligence. The real issue will be if there was a violation that played a role in the crash.

For instance, if a driver runs into a stopped car after violating the 14-hour rule, he or she could be called out on the violation during the investigation process. If it is shown on the records that the driver is not getting adequate rest, that will support the argument that fatigue was a factor in the crash.

What Evidence Is Important After a Crash?

Useful evidence includes:

Keep crash records, photos, medical reports, and witness data.
Acquire ELD or logbook data available to demonstrate driving and rest periods.
Examine dispatch records, delivery schedules, and communication with carriers.
Recorded hours vs fuel, toll, GPS, and loading records.
Such records will be able to identify inconsistencies.

Who May Be Responsible?

The driver's responsibility might not stop at them. If a truck company promotes too much driving, doesn't pay attention to the driving violations, or doesn't monitor the driver enough, then the company could be liable. Other parties may be liable if there were other issues with loading, keeping up, or another safety issue that contributed.

Key Takeaways

The Federal HOS rules limit how long a truck driver can drive and log on duty.
Normally, drivers are required to take a 30-minute break after every 8 hours on the road.
Typically, drivers are limited to 60 hours per week (70 hours per 8-week period).
ELDs and other records can be used to establish violations.
This is a particular HOS violation when it comes in conjunction with the accident.