Signed in as:
filler@godaddy.com
Signed in as:
filler@godaddy.com
Big rig accidents can be some of the most devastating traffic accidents, causing sometimes millions of dollars in damages to injured motorists and the survivors of those killed in trucking collisions. Eighteen-wheelers are massive machines that can take out multiple cars in multiple lanes at the same time if the truck driver is not paying attention, is distracted or if the tractor has not been properly maintained. Additionally, truckers are often hauling dangerous materials, such as toxic or flammable chemicals that can wreak additional havoc if ignited or spilled. Despite these dangers, truckers are often incentivized to drive long hours on little sleep. Trucker fatigue is a major cause of tractor-trailer collisions, and there are specific legal rules and requirements in place to help mitigate trucker fatigue. Drivers and their employers who fail to follow these rules are liable for any damage they cause as a result of driver fatigue and inattention.
“HOURS OF SERVICE” refers to the maximum amount of time drivers are permitted to be on duty including driving time, and specifies number and length of rest periods, to help ensure that drivers stay awake and alert. In general, all carriers and drivers operating commercial motor vehicles (CMVs) must comply with HOS regulations.
The Federal Motor Carrier Safety Administration (FMCSA) controls the rules and regulations concerning truck safety. The FMCSA has established specific hour and shift limits for long-distance or over-the-road truck driving. Under FMCSA regulations, truck drivers are required to log not only their driving hours, but also non-driving hours to prove that they are in compliance with the time limits. Drivers are required to choose between different “statuses” when completing their daily logs:
According to the FMCSA rules, truckers carrying property can drive a maximum of 11 hours, and only after 10 hours straight of off-duty time. Truckers may not drive beyond the 14th hour after they first clocked in as “on duty” in a given day. Drivers also may not drive after 60/70 hours on duty over 7/8 consecutive days. To restart the 7/8-day period, the driver must take 34 consecutive hours completely off duty.
SHORT HAUL EXCEPTION
Expands the short-haul exception to 150 air-miles and allows a 14-hour work shift to take place as part of the exception.
ADVERSE DRIVING CONDITIONS EXCEPTION
Expands the driving window during adverse driving conditions by up to an additional 2 hours.
30 MINUTE BREAK REQUIREMENT
Requires break of at least 30 consecutive minutes after 8 cumulative hours of driving time (instead of on-duty time) and allows an on-duty/not driving period to qualify as the required break.
SLEEPER BERTH PROVISION
Modifies the sleeper berth exception to allow a driver to meet the 10-hour minimum off-duty requirement by spending at least 7 hours of that period in the berth combined with a minimum off-duty period of at least 2 hours spent inside or outside the berth, provided the two periods total at least 10 hours. When used together as specified, neither qualify period counts against the 14-hour driving window.
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