Contact the Atlanta, Georgia trucking accident attorneys at Rogers and Goldberg if you have any questions about hours of service regulations, truck accident lawsuits, or if you have been the victims of an accident.

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Atlanta, Georgia Trucking Accident Attorneys — Hours of Service Regulations

The Atlanta, Georgia trucking accident attorneys at Rogers and Goldberg, L.L.C. are considered to be among the most skilled motor carrier accident lawyers in the country. Specializing in truck accident claims, our attorneys have a wealth of knowledge and experience. In 2003, we drew on that knowledge to publish Understanding Motor Carrier Claims, which has become an invaluable resource to trucking accident attorneys nationwide.

Below is a summary of the book's fifth chapter, "Hours of Service Regulations." To read the chapter in its entirety, open the PDF at the bottom of the page. If you have any questions or if you would like to schedule a consultation, contact the Atlanta, Georgia trucking accident attorneys at Rogers and Goldberg, L.L.C. today.

Previous chapter << IV. Alcohol and Controlled Substance Testing

Next chapter >> VI. Federal Motor Carrier Safety Regulations

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V. Hours of Service Regulations

A. Changes to Hours of Service Regulations

On April 28, 2003, the Federal Motor Carriers Safety Administration (FMCSA) issued the first significant revision to their hours of service regulations in more than 60 years. The new regulations took effect on January 4, 2004. The FMCSA conducted extensive research concerning the new hours of service regulations and adopted a final rule identical to the 2003 regulations.

B. Maximum Hours of Service

Based on the new regulations, a driver carrying property cannot drive:

• More than 11 hours following 10 consecutive hours off-duty
• For any period after having been on duty 14 hours following 10 consecutive hours off-duty
• (If carrying passengers) more than 10 hours following eight consecutive hours off-duty or operate a commercial vehicle for any period after having been on duty 15 hours following eight consecutive hours off-duty
• After having been on duty 60 hours in any seven consecutive days if the employing motor carrier does not operate commercial motor vehicles every day of the week
• After having been on duty 70 hours in any consecutive eight days if the employing motor carrier operates commercial vehicles every day

** Practice Pointer **

Trucking accident attorneys should retain a qualified expert to examine the steps taken by the trucking company to monitor a driver's hours of service.

C. Exceptions to Hours of Service Requirements

A driver who encounters adverse driving conditions and cannot safely complete his run within the required maximum driving time may drive an additional two hours to complete the run or reach a place of safety. In case of an emergency, a driver may also complete his run without being in violation of the maximum hours of service if the driver could have reasonably completed the run absent the emergency.

** Practice Pointer **

Exempt employees are required to keep information about their hours of service although they do not have to keep driver's logs.

D. Driver's Logs

A driver must record his duty status on a daily log grid for each 24-hour period. A carrier's destruction of driver's logs or related documents may give rise to a presumption that the evidence was not preserved because it was unfavorable to the carrier and, therefore, that the driver must have violated the federal regulations. A driver cannot be forced to testify about his violation of the hours of service regulations over a Fifth Amendment objection since he would be subject to prosecution for any violation. However, driver's logs are not documents protected by the Fifth Amendment privilege since the driver is required by law to maintain the logs.

** Practice Pointer **

Trucking accident attorneys should request not only the eight days of driver's logs from before the accident but also any bills of lading, weight tickets, hotel receipts, and other similar documents needed to verify the accuracy of the driver's logs.

E. Violations of Hours of Service Provisions

A driver will be declared out of service if he drives after being on duty in excess of the maximum periods or if he fails to have a record of duty status current on the day of examination and for the prior seven consecutive days. A carrier may not allow a driver who has been declared out of service for violating the maximum hours regulations to operate a motor vehicle until he may lawfully do so under the rules. A driver who has been declared out of service for failure to prepare a record of duty status cannot operate a commercial vehicle until he has been off duty for 10 consecutive hours. A driver must notify the carrier within 24 hours of being placed out of service for such a violation.

** Practice Pointer **

Trucking accident attorneys should request information about prior violations of hours of service regulations by the motor carrier and its drivers.

Download full chapter: V. Hours of Service Regulations

Next chapter >> VI. Federal Motor Carrier Safety Regulations

Contact our Atlanta, Georgia Trucking Accident Attorneys

If you have questions about the FMCSA's hours of service regulations, or if you have been involved in a truck collision and are seeking representation, contact the Atlanta, Georgia trucking accident attorneys at Rogers and Goldberg, L.L.C. today. We have an impressive track record of successful truck accident verdicts and settlements and can help you achieve your deserved compensation.

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