What Are The Federal Rules Truck Drivers Must Follow In Texas?

On behalf of Lovett Law Firm posted in Truck Accidents on Friday, November 28, 2014.

Truck accidents can often be avoided, especially if federal laws are followed. Interestingly, truck drivers must comply with commercial driving hours of service laws. These laws must be followed by any driver who uses a commercial motor vehicle.

A CMV is a vehicle that can be classified in a number of ways. If it fits any of the following descriptions, then the driver must comply with the federal hours of service. If the vehicle weighs 10,001 pounds or more, can transport 16 or more passengers including the driver for no compensation, transports 9 or more people for compensation or has hazardous materials inside requiring placards, then the driver is required to follow these federal laws.

The final rule for truck drivers was published in December 2011 and was effective starting in February 2012. The Hours of Service rule states that each day, a driver may only be on the roads for 11 hours in total. Additionally, the workday must not extend longer than 14 hours. The maximum average workweek for a truck driver may not go beyond 70 hours, which was a reduction from previous years with an 80-hour week maximum.

After a driver reaches the maximum 70-hour workweek, then he or she must rest for 34 hours consecutively before he or she will be able to continue driving. During an 8-hour shift, drivers must also take at least one 30-minute break. How this applies to your case depends on if the truck driver involved was following these rules. If not, you may have an even stronger cause against them due to their own negligence.

Source: Federal Motor Carrier Safety Administration, “FMCSA” Nov. 27, 2014