Truck Driver Hours-of-Service Violations
Federal hours-of-service rules limit property-carrying truck drivers to 11 hours of driving after 10 consecutive hours off duty, within a 14-hour window, with a 30-minute break after 8 hours of driving. Electronic logging devices record these hours, so a violation can be strong evidence that fatigue caused a crash.
What are the hours-of-service limits?
For property-carrying drivers, 49 CFR 395.3 sets these limits:
- 11 hours of driving maximum after 10 consecutive hours off duty.
- No driving after the 14th hour since coming on duty.
- A 30-minute break after 8 cumulative hours of driving.
- No driving after 60 hours on duty in 7 days, or 70 hours in 8 days (a 34-hour break restarts the cycle).
How are hours-of-service violations proved?
Most trucks must use an electronic logging device (ELD) that records driving time automatically (49 CFR Part 395, Subpart B). Carriers only have to keep hours-of-service records and supporting documents for six months (49 CFR 395.8(k)). Fuel receipts, toll records, GPS data and delivery times can also show whether the logs are accurate.
Why do violations matter to your claim?
A driver over their hours is more likely to be fatigued, and breaking a safety rule is strong evidence of negligence in most states. If the carrier pressured drivers to break the rules, or ignored violations, it can be directly liable, and in serious cases punitive damages may be available.
Frequently asked questions
How many hours can a truck driver drive in a day?
Up to 11 hours of driving after 10 consecutive hours off duty, and no driving after the 14th hour since starting work, under 49 CFR 395.3.
Do truck drivers have to take breaks?
Yes. Property-carrying drivers must take a 30-minute break after 8 cumulative hours of driving.
How can I prove a truck driver broke the hours rules?
Through ELD records, supporting documents like fuel and toll receipts, GPS data and delivery records. These must be requested quickly because carriers only have to keep them for six months.
Is the trucking company liable for hours violations?
Often, yes. Carriers are responsible for their drivers' compliance, and pushing drivers to exceed their hours can make the company directly liable.
Can hours-of-service violations lead to punitive damages?
In some states, yes, where a carrier knowingly allowed or encouraged violations that endangered the public. Standards and caps vary by state.
Sources
- 49 CFR 395.3 – Maximum driving time
- 49 CFR 395.8 – Driver's record of duty status
- FMCSA – Hours of service