Unlike other drivers on the road, commercial truck drivers must follow strict regulations. One of the most important federal regulations is the Hours of Service (HOS) regulations. These guidelines explain how long a trucker can legally drive an 18-wheeler before they need to stop and rest.
Unfortunately, truck drivers often ignore the HOS regulations due to tight deadlines and pressures from the trucking company. When truck drivers ignore the rules, fatigue sets in, and the likelihood of a truck accident increases.
So what happens if the HOS regulations are violated and is the cause of a truck accident in Jackson, MS? Let’s explore the HOS regulations.
The Definition of the Hours of Service Regulations
What are the Hours of Service Regulations, and how do they impact truck drivers? These regulations are rules set by the Federal Motor Carrier Safety Administration (FMCSA) to ensure truck drivers don’t drive their vehicles while fatigued. The aim is to improve road safety and keep both drivers and the public safe.
The regulations dictate drivers’ driving time, rest periods, and overall duty status. With these rules in place, truck drivers can effectively plan their trips to comply with safety standards while minimizing the risks associated with driver fatigue.
Additionally, truck drivers must log their hours on the road, whether electronically or on paper. This log will be subject to auditing by federal officials to ensure compliance, especially if the truck was involved in a crash.
The regulations are as follows:
- The 14-Hour Driving Window: The 14-hour driving window is a critical component of the Hours of Service Regulations that dictates the maximum amount of time a truck driver is allowed to be on duty each day. This period starts as soon as the driver begins any work-related activity, which means the clock starts ticking from the moment the driver starts their pre-trip inspection. The 14-hour driving window does not just focus on driving — it includes all activities the truck driver must do while on duty, including breaks.
- The 11-Hour Driving Limit: While the 14-hour window dictates the overall workday, the truck driver can only drive 11 hours within that period. Exceeding this limit isn’t just risky; it’s illegal and can lead to severe penalties. This 11-hour limit becomes even more critical for overnight hauls. Driving at night can be tiring, and adhering strictly to the limit can mean distinguishing between a safe and dangerous trip.
- Mandatory Rest Periods: According to the regulations, the truck driver also has mandatory 30-minute rest periods following eight hours of driving. Neglecting these rest periods has severe health impacts. Chronic fatigue can lead to long-term health issues such as cardiovascular problems and impaired cognitive function.
- The 60/70-Hour Limit: Truck drivers are bound by the 60/70-hour limit to ensure they don’t exceed legal driving hours within a given period. This limit means truckers can only drive up to 60 hours in seven consecutive days if the trucking company doesn’t operate daily or up to 70 hours in eight consecutive days if the company does. This is where logging hours comes into play—it helps the truck driver track their time so they comply with the regulations.
Exceptions to the HOS Rules
Certain situations allow exceptions to the standard driving hour limits, ensuring flexibility when unforeseen circumstances arise.
One exception is for emergency conditions. If the driver is caught in a situation that poses an immediate threat to life or public safety, such as an accident or natural disaster, they can drive beyond the usual limits to reach a safe location.
Adverse weather is another exception. If the driver dealing with unexpected bad weather that makes driving slow or hazardous, like heavy snow or fog, they are permitted to extend driving hours. This helps ensure that they can find a safe place to stop without having to rush.
Short haul exceptions apply to drivers operating within a 150-mile radius of their starting point. If the truck driver can return to their starting point within 14 hours, they don’t have to log their hours under the same strict regulations.
The sleeper berth option lets drivers split the required rest time into two periods. Using the split sleeper rule, they can divide a 10-hour rest into two segments—one must be at least 7 hours in the sleeper berth, and the other at least 2 hours, either off-duty or in the sleeper berth.
How Electronic Logging Devices Enforce HOS Regulations
While exceptions offer flexibility, electronic logging devices (ELDs) ensure drivers adhere to Hours of Service regulations effectively and accurately. Once installed in the 18-wheeler, the ELD will start tracking driving hours automatically. This real-time tracking helps maintain precise records, ensuring the driver doesn’t exceed the legal driving limits.
The ELDs continuously record data every time the truck is in operation. They record the driver’s driving time, rest breaks, and off-duty hours.
ELDs enhance driver accountability. Since the devices log every minute they’re on the road, there’s no room for manual errors or intentional falsifications. This fosters a culture of honesty and responsibility, ensuring everyone’s safety on the road.
The Consequences of Violating HOS Regulations
Violating HOS regulations can lead to severe penalties, including hefty fines and the potential loss of a commercial driver’s license. Insurance increases are another consequence. When insurers see HOS violations on the driver’s record, they often hike up premiums since the driver is considered a higher risk.
Legal repercussions extend beyond just fines and suspensions. In case of an accident, while the driver has violated HOS rules, they could face serious legal trouble, including lawsuits and criminal charges. The trucking company may also bear company liability, meaning it can be sued for the driver’s actions.
HOS Violation Caused a Trucking Accident? How Our Truck Accident Lawyer Can Help
If a truck driver violated the HOS regulations, resulting in your truck accident in Jackson, MS, choosing an experienced truck accident lawyer is essential. You need to hire a Jackson truck accident lawyer who has knowledge of the FMCSA regulations and can provide invaluable assistance. First, they offer expert legal representation, ensuring your rights are protected. They’ll also handle evidence collection, gathering essential documents like logbooks and electronic data to build a strong case in your favor.
When it comes to injury compensation, a skilled attorney knows how to navigate the complexities of personal injury claims. They’ll fight to get you the maximum compensation for medical bills, lost wages, and other damages you’ve suffered. Their negotiation skills are critical here—they can deal effectively with insurance companies and opposing legal teams, aiming for the best possible settlement.
A thorough case evaluation is another essential service. Your lawyer will assess all aspects of your situation, identifying strengths and weaknesses that could impact the outcome. This comprehensive approach ensures no detail is overlooked, providing a robust foundation for your defense or claim.
If you were involved in a truck accident in Jackson, MS, do not wait. Contact the Jackson, MS truck accident attorney at Giddens Law Firm today to schedule a free consultation.
