Commercial truck drivers and trucking companies are governed by Federal regulations issued by the Federal Motor Carrier Safety Administration (FMCSA). Their regulations provide hours of service (HOS) rules for truck drivers that limit the number of hours a driver can work without taking a break of a specific length.
The FMCSA laws apply to all drivers involved in interstate commerce. Florida also has issued HOS regulations for commercial vehicles that operate only intrastate.
Florida’s Intrastate Hours of Service Rules
Florida Statutes §316.302 outlines the HOS rules for commercial vehicles operating solely within the State of Florida. Drivers must abide by the following rules:
- After spending 10 consecutive hours off duty, a driver may drive for 12 hours.
- After coming on duty following 10 consecutive hours off duty, a driver may not drive after the 16th hour.
- A driver may not drive after 70 hours on duty (if their company works 6 days/week) or 80 hours on duty (if their employer works 7 days/week). Thirty-four consecutive hours off duty mark the end of the seven- or eight-day period.
- If a driver does not exceed a 150-mile air mile radius and is exempt from placarding their vehicle with a hazardous materials warning, they are exempt from maintaining a logbook. However, drivers who are not released from duty within 14 hours must document their driving time.
FMCSA Hours of Service Regulations
Florida drivers involved in interstate commercial must abide by the FMCSA HOS rules, which are as follows:
- Property-carrying drivers may drive for a maximum of eleven hours after ten consecutive hours off duty. Passenger-carrying drivers may drive for no more than ten hours after eight consecutive hours off duty.
- Property-carrying drivers may not drive beyond the 14th consecutive hour after coming on duty, following ten consecutive hours off duty. Off-duty time does not extend the 14 hours. For passenger-carrying drivers, they may not drive after having been on duty for 15 hours, following eight consecutive hours off duty. Off-duty time is not included in the fifteen hours.
- Drivers hauling property must take a thirty-minute break when they have driven for eight cumulative hours without at least a 30-minute interruption.
- Property hauling drivers may not drive after 60/70 hours on duty in seven or eight consecutive days. The driver can restart a 7- to 8-day period after being off duty for at least 34 straight hours.
There are specific guidelines for how drivers may use their sleeper berth during off-duty periods, as well as exemptions for short hauls and adverse driving conditions. Speak to a Fort Lauderdale injury attorney for more information.
Violations of HOS Rules
Drivers and employers who violate the FMCSA or Federal intrastate rules can face penalties and fines. Additionally, violations of HOS rules can help establish liability in the event of an accident.
At Rosen Injury Law, our Fort Lauderdale truck accident lawyers carefully examine accidents to identify all possible causes and liable parties. We also take fast action to help preserve evidence before it can be lost or destroyed and to uncover essential evidence to build our client’s strongest case.
Contact Rosen Injury Law Today
If you have been injured or lost a loved one in a commercial truck accident caused by another party’s negligence, you may be able to recover compensation. You need the assistance of an experienced Florida accident lawyer who knows where to look for violations and other evidence to build your strongest case and help you recover maximum compensation for your damages. Call us today at (954) 982-8566 or visit our contact page and schedule a free consultation.