Truck drivers and companies have a responsibility to ensure they operate their vehicles safely to avoid causing injuries to others. Large trucks, tired drivers, and a constant demand for better results put a lot of pressure on drivers and companies to bend the rules. That creates risks. One of the most common risks is allowing a driver to work too many hours at a time. Here is what you need to know about hours of service violations and penalties in Texas, which can lead to Texas commercial truck accidents.
What Are Hours of Service Violations?
The Federal Motor Carrier Safety Administration (FMCSA) has specific regulations in place to manage the number of hours a truck driver can operate a vehicle. The goal is to prevent fatigue from leading to injuries in accidents. The following are the hours of service regulations for property-carrying drivers, such as semi-trucks and tractors:
- 11 Hour Driving Limit: Drivers cannot drive more than 11 hours after having a 10-hour consecutive off-duty break.
- 14 Hour Limit: Drivers may not drive beyond the 14th consecutive hour after coming on duty, following 10 consecutive hours off duty. Off-duty time does not extend the 14-hour period.
- 30 Minute Driving Break: This rule requires truck drivers to receive a full 30-minute break after driving for 8 cumulative hours without at least a 30-minute interruption. This requirement can be met by any non-driving period of 30 consecutive minutes. That time could be spent in the sleeper berth, off duty, or on duty but not driving.
- 60/70-Hour Limit: This rule states that truck drivers may not drive after 60/70 hours on duty in a 7- or 8-day consecutive period. That driver can restart a 7- or 8-day consecutive period after taking 34 or more consecutive hours off duty.
- Sleeper Berth Provision: A driver may split their required 10-hour off-duty period as long as one off-duty period is at least 2 hours long and the other involves at least 7 consecutive hours spent in the sleeper berth. Sleeper berth parties must total at least 10 hours.
- Adverse Driving Conditions: Drivers can extend the 11-hour maximum driving limit and 14-hour driving window by up to 2 hours when adverse driving conditions occur.
These are extensive rules, but truck drivers and trucking companies must know and follow them. They must also document these breaks and times off. Failure to do so can result in penalties.
Potential Penalties for Hours of Service Violations
If police find that a driver has violated these rules, an immediate out-of-service status is issued. That means the truck is shut down and must remain stationary until the driver gets the required off-duty hours.
Additionally, civil fines may be paid, ranging from $1,000 to $16,000 per violation. Escalating penalties accumulate with more frequent violations, potentially reaching as high as $30,000 or more. Additionally, criminal penalties may occur in cases of extreme negligence or when a driver knowingly and willfully violates the law.
How a Truck Accident Lawyer Can Help You
Understanding hours of service violations and penalties in Texas can be challenging. At The Doan Law Firm, we are ready to help you get the answers you need. Contact us now for a free consultation. Let our truck accident lawyer in Texas help you build your case.