How Many Hours Can a Truck Driver Drive?
The consequences can be catastrophic when a massive commercial truck collides with a passenger vehicle. While many factors contribute to these accidents, driver fatigue is one of the most dangerous and preventable causes. That’s why Hours of Service (HOS) regulations exist to prevent exhausted truck drivers from endangering themselves and others on Florida’s highways.
So, how many hours can a truck driver drive? Let’s break it down.
What are the Federal HOS Regulations for Truck Drivers?
The Federal Motor Carrier Safety Administration (FMCSA) has established Hours of Service rules for most commercial truck drivers operating across state lines. These rules are as follows:
| Rule | Description |
| 11-Hour Driving Limit | Drivers may operate their truck for a maximum of 11 hours after 10 consecutive hours off duty. |
| 14-Hour Driving Window | Drivers can’t work more than 14 consecutive hours in one day after coming on duty, following 10 consecutive hours off duty. This includes both driving and non-driving tasks. Ex. A driver drives his truck for 11 hours, meaning the remaining 3 hours are only for non-driving tasks. |
| 30-Minute Break Requirement | After 8 cumulative hours of driving without at least a 30-minute interruption, drivers must take a break. This can be satisfied by any non-driving period of 30 consecutive minutes. |
| 60/70-Hour Limit | Drivers may not drive after 60/70 hours on duty in 7/8 consecutive days. A driver can restart this period after taking 34 or more consecutive hours off duty. |
To ensure compliance, the FMCSA mandated Electronic Logging Devices (ELDs) that automatically record driving time by synchronizing with the vehicle’s engine. This has replaced paper logbooks and makes it more difficult for drivers or companies to falsify records.
Who Must Comply with HOS Regulations?
Most commercial vehicle drivers must follow these Hours of Service rules. Generally, HOS regulations include vehicles that:
- Weigh 10,001 pounds or more
- Have a gross vehicle weight rating of 10,001 pounds or more
- Transport 16+ passengers (including the driver) not for compensation
- Transport 9+ passengers (including the driver) for compensation
- Carry hazardous materials requiring placards
Exceptions to Standard HOS Rules
While HOS regulations are strictly enforced, there are some exceptions in certain situations:
- Sleeper Berth Provision: Drivers can split their required 10-hour off-duty period, as long as one period is at least 2 hours and another involves at least 7 consecutive hours in the sleeper berth (totaling at least 10 hours).
- Adverse Driving Conditions: When facing unexpected weather or traffic conditions, drivers may extend both the 11-hour driving limit and 14-hour window by up to 2 hours.
- Short-Haul Exception: Drivers operating within a 150 air-mile radius of their normal reporting location who return within 14 hours are exempt from maintaining detailed logbooks.
Florida’s HOS Rules
While interstate trucking follows federal regulations, Florida has its own rules for commercial drivers operating within state lines, otherwise known as intrastate commerce. According to Statute 316.302, Florida’s HOS regulations state:
- Drivers may drive for 12 hours after 10 consecutive hours off duty.
- Drivers may not drive after the 16th hour after coming on duty following 10 consecutive hours off.
- Drivers may not drive after 70/80 hours on duty in 7/8 consecutive days.
- Intrastate drivers not exceeding 150 air-mile radius without hazardous materials are exempt from logbook requirements unless they’re not released from duty within 14 hours.
Why Are Mandatory Breaks Important for Truck Drivers?
Truck drivers play a vital role in keeping the supply chain moving by transporting goods across our nation, but their job is physically and mentally demanding. Long periods of time spent behind the wheel lead to fatigue that can impair driving ability:
- Decreased reaction time
- Impaired judgment and decision-making
- Increased risk of “microsleeps” or actually falling asleep
- Difficulty staying in one lane
- Tunnel vision and reduced awareness of surroundings
Several studies conducted by government organizations estimate that driver fatigue contributes to between 13% and 40% of all trucking accidents. These statistics further prove the importance of mandatory rest periods and why they’re needed to keep everyone on the road safe.
What Happens if a Truck Driver Goes Over Their Limits?
Violations of HOS regulations carry serious consequences for both drivers and trucking companies, including:
- Fines ranging from $1,000 for minor violations to $16,000 for egregious violations (e.g., exceeding limits by more than 3 hours). For repeat offenders, fines can reach up to $30,000.
- CSA scores may drop (up to 10 points for serious infractions), affecting a carrier’s reputation and insurance costs.
- Drivers with serious violations may receive out-of-service orders until they’ve accumulated enough off-duty time to be compliant.
- Falsified logs or accidents resulting in injuries or fatalities can lead to criminal charges.
In the state of Florida, HOS violations are not treated as minor infractions per Statute 316.302. The state upholds these standards through inspections and compliance reviews.
What to do After a Truck Accident
If you’ve been involved in a truck accident, taking the right steps immediately can help you protect your rights. Here’s what to do:
- Call 911. Report the accident and request emergency medical services if needed.
- Seek medical attention. Even if you feel fine, get checked by a healthcare provider. Some serious injuries, including concussions, may not show immediate symptoms.
- Document everything. Take photos of the accident scene, vehicle positions, damage, and visible injuries if possible.
- Gather important information. Exchange contact and insurance information with the other driver(s), and get contact details for any witnesses.
- Contact an attorney before speaking to insurance companies. Trucking companies have teams of investigators and attorneys who’ll begin building their defense right away. You need a seasoned truck accident lawyer looking out for your interests.
Above all else, be mindful of everything you say as your statements could be interpreted as admitting fault.
Contact the Truck Accident Attorneys at Fine, Farkash & Parlapiano, P.A.
Truck accident cases involving HOS violations require in-depth knowledge of federal and state regulations. At Fine, Farkash & Parlapiano, P.A., our experienced attorneys understand how to investigate these accidents, gather critical evidence like driver logs and ELD data, and determine if truck driver fatigue or HOS violations contributed to your injuries.
We’ve successfully represented numerous victims of commercial truck accidents throughout the Gainesville, Florida area, fighting against powerful trucking companies and their insurers to secure the compensation our clients deserve.
If you or a loved one has been injured in a truck accident, don’t face the aftermath alone. Contact our office today for a free, no-obligation consultation to discuss your rights and options.
Sources:
Part 395–Hours of Service of Drivers | Code of Federal Regulations
Electronic Logging Devices | Federal Motor Carrier Safety Administration
Hours of Service (HOS) | Federal Motor Carrier Safety Administration
Florida Hours of Service Rules | Florida Highway Safety and Motor Vehicles
How Driver Fatigue Affects the 7 Key Fleet Safety Metrics | Fatigue Science
Electronic Logbook to Avoid DOT Hours of Service Fines | HOS 247
Mr. Fine was born in New York, New York, and was raised in the northeast, where he studied sociology at Colby College in Waterville, Maine. He then graduated with honors from the University of Florida Levin College of Law in 1976. In law school, he was a member of Phi Kappa Phi Honor Society, was inducted into the Order of the Coif, and graduated in the top 10 percent of his class. Mr. Fine was admitted into the Florida Bar in 1976, the United States District Court for the Middle District of Florida in 1977, the United States District Court for the Northern District of Florida in 1991, and the United States Court of Appeals 11th Circuit in 1982.