How Many Hours Can Truck Drivers Work?

Federal hours-of-service (HOS) regulations restrict the hours that commercial truck drivers can drive both per day and per week. The rules are designed to keep fatigued drivers off the road and reduce the number of large truck accidents. Research by the Insurance Institute for Highway Safety found that commercial truck drivers who were behind the wheel for more than eight hours had a twofold increase in crash risk. This is perhaps why fatigue of truck drivers is one of the most commonly cited contributing factors in serious and fatal crashes involving large commercial trucks.

Understanding the Danger of Tired Truck Drivers

As explained above, there are few things as dangerous as a truck driver who is exhausted. In fact, statistics estimate that up to 40% of large truck accidents involve some form of driver fatigue. Unfortunately, truck drivers are often paid per mile or given strict deadlines—leading many to driving past their comfort point and while clearly exhausted.

Consider the following statistics regarding the dangers of fatigued drivers:

Approximately 15% of accidents are directly caused by fatigued drivers
Drive fatigue is linked to 750+ deaths and 20,000+ injuries every year
Accident risk dramatically increases after 10 consecutive hours of driving

These are staggering numbers that underline the severe problem of exhausted truck drivers. Still, the Federal Motor Carrier Safety Administration (FMCSA) is pushing to increase the amount of time that truckers can spend behind the wheel. This is despite the fact that 80% of polled individuals stated they believe tired truck drivers pose a serious danger on the road.

Truck Driver Fatigue

One leading cause of truck accidents is tired drivers; in fact, NHTSA estimates state that truck driver fatigue may contribute to 40% of all truck accidents.

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Current Hours-of-Service (HOS) Regulations

In December 2011, the Hours of Service of Drivers Final Rule was published and later went into effect on February 2012. The main changes and the new regulations set forth by the Final Rule include the following:

Truckers are limited to an 11-hour daily driving limit and 14-hour work day limit
Truckers are limited to a 70-hour minimum average work week (was previously 82 hours)
However, truckers who reach the weekly limit can continue after 34 consecutive hours of rest
Trucks are required to take a 30-minute break within the first 8 hours of their shift

The regulations above are for property-carrying drivers. Passenger-carrying drivers are governed by a separate set of regulations that are often stricter; for example, passenger-carrying drivers are limited to a 10-hour daily driving limit.

What Trucks Are Covered by HOS Regulations?

Generally speaking, federal HOS regulations apply to truck drivers operating large trucks that:

Weigh more than 10,000 pounds;
Have a gross vehicle weight rating of at least 10,000 pounds;
Transport materials in a quantity requiring placards; or
Transport materials involved in either interstate commerce.

A vehicle can be a commercial motor vehicle based on its actual weight or its weight rating—whichever is greater.

How HOS Regulations Work

Commercial truck drivers are required to keep a log of the hours they drive and miles they cover each day and government inspectors may review a driver's log at any time. However, some drivers refer to log books as "comic books" because they are so easily falsified. If you have been injured in an accident caused by a driver who was fatigued, you have a legal right to seek compensation from the trucker and truck company. Our trucking accident lawyers can help.

We offer a free consultation to review your case and determine how we can help you.