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Trucking Hours of Service

Truck Accident Lawyer in Orange County

Were you injured by a negligent truck driver who was not following the legal trucking guidelines? There are hours of service regulations that all truck drivers must abide by in order to maintain safe trucking transport and the safety of other vehicles out on the road. These hours of service are closely regulated by The United States Department of Transportation (DOT), who closely monitor the number of hours that a specific truck driver can work each day and each week.

When truck drivers and trucking companies choose to ignore these legal guidelines, drivers can become exhausted and even fall asleep at the wheel, putting other drivers at risk. If you or someone close to you has been in a truck accident, let our Irvine personal injury attorneys investigate.

Contact our Orange County office immediately following your accident to request a free personal injury consultation and find out if you have a case against the trucking company.

What Are the Hours of Service Guidelines?

Here are some of the general rules and regulations that truck drivers and trucking companies must adhere to:

  • Truck drivers are permitted to drive 11 hours, or 14 hours per duty period
  • They have to take a 30 minute break before they reach their 8 hours
  • Drivers can extend the 14 hour duty period limit but only with off-duty time for things like fuel stops and meals
  • A driver's seven day work week gets restarted after their 168th hour of work. During this time they must have taken at least 34 consecutive off-duty hours
  • A driver's duty period should always start with 10 off-duty hours
  • Each driver is permitted to work on-duty 60 hours broken up over seven consecutive days
  • Sitting and resting in a park vehicle does not constitute on-duty hours

Sometimes there are small extensions permitted due to bad weather or poor safety conditions that make it unsafe for drivers to drive or pull off.

What Is the 16-Hour Exception?

There is a 16-hour exception in place that refers to drivers with 1 day schedules who leave and return to the same terminal. Out of these 16 hours, drivers are only permitted to be on the road no more than 11 hours. The 16-hour exception cannot be used consecutively; drivers must have a 34-hour resent in between.

Penalties for Violating the Trucking Hours of Service

  • A driver who goes over the allotted number of hours may have to stop roadside and remain there until they have accrued enough off-duty time
  • They could be fined by law enforcement
  • Drivers could receive a civil penalty from the FMCSA. These levies could range anywhere from $1,000 - $11,000 depending on the violation
  • The driver's safety rating could suffer
  • Trucking companies who knowingly permit or condone hours of service violations could face federal criminal penalties

Get an Orange County Personal Injury Attorney on Your Side

Here at Gill Law Group, PC we pride ourselves on standing up for the rights of personal injury victims, including those harmed in a trucking accident. If a truck driver was found to be in violation of the trucking hours of service at the time of the accident, then you could take legal action against them. Our Irvine truck accident lawyer is highly adept in these cases and will fight for your rights.

Contact our office today to request a complimentary case evaluation and find out how we can help you!

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  • Raja S. Gill
    Raja S. Gill Founding Attorney
  • Myle Nguyen
    Myle Nguyen Associate Attorney
  • Edgar C. Johnson, Jr.
    Edgar C. Johnson, Jr. Of Counsel
  • Raja S. Gill Founding Attorney
    Raja S. Gill

    Attorney Hetinder “Raja” Gill has been awarded membership in the National Trial Lawyers: Top 40 Under 40, and he maintains a Superb Avvo Rating. View Profile

  • Myle Nguyen Associate Attorney
    Myle Nguyen

    Attorney Nguyen has practiced family law throughout the counties of Southern California. View Profile

  • Edgar C. Johnson, Jr. Of Counsel
    Edgar C. Johnson, Jr.

    Attorney Johnson graduated Western State University School of Law and has over 25 years of litigation experience. View Profile

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