Switch to ADA Accessible Theme
Close Menu
Burke, Schultz, Harman & Jenkinson
Free Case Evaluation 304-263-0900 800-903-0901 304-LAWYERS

How Long Can Truck Drivers Go Without Taking a Break?

Truck drivers big truck right-hand traffic hands holding radio and steering wheel truck dashboard with driver

Trucking is a demanding industry that plays a critical role in transporting goods across the country. However, it is not without its risks. Long-haul truckers spend nearly all their time on the road, and truck driver fatigue can play a role in causing serious accidents with catastrophic or even fatal injuries. As you might expect, federal rules require truck drivers to take breaks to keep them alert and avoid drowsy truck driving or falling asleep behind the wheel of a 70,000-pound tractor-trailer barreling down the highway. However, when you learn how lax these rules are, you may rightly be shocked.

Read on to learn how long commercial truck drivers can go without taking a break under federal rules. If you or a loved one has been hurt in a West Virginia trucking crash caused by the fatigued driver of an 18-wheeler, contact Burke, Schultz, Harman & Jenkinson to speak with an experienced and successful Martinsburg truck accident lawyer.

FMCSA Hours of Service Regulations for Truck Drivers

The Federal Motor Carrier Safety Administration (FMCSA) sets the rules known as Hours of Service (HOS) regulations for commercial truck drivers. These rules dictate how long truckers can operate before they must take a break, with the goal of ensuring they remain alert and reduce the risk of accidents due to fatigue. Unfortunately, truck industry lobbyists have fought to keep these requirements as low as possible to maximize the time their trucks can be on the road. The result is duty time that far exceeds what you will find in other industries and what you would expect for highway safety.

Key Provisions of HOS Regulations

  1. 11-Hour Driving Limit: Truck drivers may drive a maximum of 11 hours after 10 consecutive hours off duty.

  2. 14-Hour Limit: Truck drivers cannot drive beyond the 14th consecutive hour after coming on duty, following 10 consecutive hours off duty. This rule means that if a driver starts at 7 am, they must finish driving by 9 pm.

  3. Rest Breaks: Drivers must take a 30-minute break when they have driven for a period of eight cumulative hours without at least a 30-minute interruption.

These rules apply to most commercial truck drivers who are driving a vehicle for business purposes that meets certain criteria, such as weighing more than 10,000 pounds or transporting hazardous materials.

Exceptions and Modifications

As generous as these rules already are, certain situations and environments allow for exceptions or modifications to these standard HOS regulations, letting truckers stay on duty even longer:

  • Adverse Driving Conditions: When unexpected adverse driving conditions slow down a driver, the FMCSA allows an extension of up to two hours on the 11-hour driving limit.

  • Short-Haul Exception: Drivers who operate within a 150-air-mile radius of their work reporting location and who return to the same location within 14 hours do not have to keep records of duty status (RODS) and are not subject to the 30-minute break requirement.

Safety and Liability Concerns

Maintaining adherence to HOS regulations is critical for safety on the roads. Violations can lead to driver fatigue, which significantly increases the risk of accidents involving large trucks. For victims of truck accidents, understanding these regulations is crucial when seeking compensation for injuries. Non-compliance with HOS regulations by a driver or trucking company can be an important factor in establishing negligence in personal injury cases. Even if a trucker was in compliance with the FMCSA HOS regulations, other evidence of fatigued or drowsy driving can still play a role in holding the driver liable.

If you or someone you know has been involved in a truck accident in West Virginia, the role of HOS regulations and possible violations are vital components to discuss with your attorney. The experienced legal team at Burke, Schultz, Harman & Jenkinson is knowledgeable about the intricacies of truck accident claims and can help ensure that all relevant factors are considered in pursuing your case.

Contact Our Martinsburg Truck Accident Attorneys Today

At Burke, Schultz, Harman & Jenkinson, we focus exclusively on personal injury cases, including West Virginia truck accidents. Our attorneys understand the complexities of truck regulations and use this knowledge to protect our clients’ rights and pursue fair compensation for their injuries. If you need assistance or have questions after a truck accident, contact us today to schedule a free consultation by calling 304-263-0900 in Martinsburg or 800-903-0901 throughout West Virginia. Together, we can work to safeguard your interests and ensure justice is served.

Designed and Powered by NextClient

© 2016 - 2024 Burke, Schultz, Harman & Jenkinson, Attorneys at Law. All rights reserved.
Custom WebShop™ law firm website design by NextClient.com.