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What are HOS Regulations and What Makes Truck Drivers Break Them?


— September 6, 2024

These regulations set limits on how long a driver can be behind the wheel, how long they can be on duty, and how much rest they must get.


If you’ve ever been on the road, you’ve probably seen a big rig or two cruising down the highway. Behind the wheel of these massive trucks are professional drivers who must adhere to a set of rules known as Hours of Service (HOS) regulations. 

But what exactly are these regulations, and why do they matter so much?

More importantly, what drives some drivers to break these rules, even though they’re designed to avoid accidents involving large commercial vehicles? 

Well, let’s find out.

What are HOS Regulations?

HOS regulations are designed to prevent truck driver fatigue. When truckers are tired, they are more likely to make mistakes that can lead to accidents. 

These regulations set limits on how long a driver can be behind the wheel, how long they can be on duty, and how much rest they must get.

Here’s a breakdown of what these regulations typically cover:

  1. Daily Driving Limits: Truck drivers are usually allowed to drive for a maximum of 11 hours after 10 consecutive hours off duty. This helps ensure that they are well-rested before getting back behind the wheel.
  2. Work Shifts: Drivers can work a total of 14 hours in a single shift, including both driving and non-driving tasks. This means that after their driving time, they still have to adhere to a 10-hour off-duty period.
  3. Weekly Limits: To prevent overworking, drivers must not exceed 60 hours of driving in any seven consecutive days, or 70 hours in eight days if the carrier operates every day.
  4. Rest Breaks: Drivers are required to take a 30-minute break after eight hours of driving. This ensures they take time to rest and recharge before continuing their journey.

Why Do Drivers Flout These Regulations?

Despite these well-intentioned rules, not all drivers follow them. Here are some of the reasons for this:

The pressure from employers

One of the biggest reasons drivers break HOS regulations is the constant pressure to deliver on time.

Imagine you’re a truck driver, and your boss tells you that you need to get a load of goods to a customer by tomorrow morning.

Delivery man resting his head on steering wheel; image by Freepik, via Freepik.com.
Delivery man resting his head on steering wheel; image by Freepik, via Freepik.com.

You know that it’s going to be a tight squeeze, but you also know that if you don’t make it, you could lose your job or miss out on a bonus. So, you might decide to push yourself a little harder, even if it means violating HOS regulations.

This is a typical example of what happens with these drivers.

The desire to earn more

Another factor that can lead truck drivers to break HOS regulations is the way they’re paid.

Many truck drivers are paid by the mile, which means that the more miles they drive, the more money they make. This can create a strong incentive to drive longer hours, even if it means sacrificing rest.

Inadequate enforcement

Not all HOS violations are caught. While the Federal Motor Carrier Safety Administration (FMCSA) sets the rules, enforcement can vary. 

Some drivers might believe that they won’t get caught or face significant consequences, which can make them more likely to break the rules.

Inaccurate Logbooks

Truck drivers are required to keep detailed logs of their driving hours. However, some drivers may use electronic logging devices or paper logs inaccurately, either to cover up violations or due to simple errors. 

This can lead to violations of HOS rules, even if the driver didn’t intentionally break the law.

Personal reasons

Finally, there are personal factors that can contribute to HOS violations. Truck drivers are human beings, and they sometimes have to deal with personal issues that can affect their ability to drive safely. 

For example, if a driver is going through a divorce or dealing with a sick family member, they might be more likely to push themselves harder and ignore the HOS regulations.

The Consequences of Violating HOS Regulations

Breaking HOS regulations can have a significant impact on both truck drivers and trucking companies. It’s not just a matter of getting a warning or a fine. The consequences can be severe, and it can affect their livelihood as well as their safety. 

For truck drivers, the penalties can be harsh

  • Fines: Drivers who violate HOS regulations can face hefty fines, which can quickly add up and dig a deep hole in their finances.
  • Suspensions: Repeated violations can lead to suspensions of their commercial driver’s license (CDL). This means they won’t be able to drive for a certain period of time.
  • Loss of CDL: In severe cases, drivers can lose their CDL altogether. This is a devastating consequence, as it effectively ends their career as a truck driver.

Trucking companies can also face severe penalties

  • Fines: Companies that violate HOS regulations can be fined substantial amounts of money.
  • Loss of operating authority: In some cases, the FMCSA can revoke a trucking company’s operating authority. This means they can no longer operate as a commercial trucking company.

For other road users

When truck drivers are fatigued, they are more likely to make mistakes that can lead to accidents. These accidents can result in injuries, deaths, and property damage.

If you belong to this category, you would benefit from employing the services of a competent truck accident lawyer to help you get adequate compensation that can cover the full extent of damages you’ve suffered.

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