If you are a commercial driver, you have likely been warned about Hours of Service (HOS) violations. These types of violations might sound somewhat crazy to workers more accustomed to the typical 9–5 workday. They might ask, “Why would you get in trouble for working too much?” HOS rules exist to keep the Compliance, Safety, and Accountability (CSA) scores low. They also help drivers and the companies they work for avoid costly interventions, increase roadside inspections, and reduce the risk of accidents. HOS rules apply to any commercial motor vehicle engaged in interstate or international commerce or transport of passengers for business purposes. To help you avoid running into these violations, our traffic defense attorneys here at Bigger & Harman, APC, want to offer some quick tips regarding the number of hours you can work before you’re required to take a break. CAN YOU GET IN TROUBLE FOR WORKING TOO MUCH? Our Attorneys Can Help You Avoid HOS Violations
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THE 10/11-HOUR HOS RULE
A driver hauling goods may only drive for 11 continuous hours before they must take a 10-hour rest break. A driver transporting passengers for business purposes may only operate for 10 consecutive hours after an 8-hour break and cannot work for more than 15 consecutive hours total.
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THE 14-HOUR HOS RULE
The 14-hour rule is a little more complex than the 11-hour rule. It starts 14 hours after you clock in, regardless of hours driven. For example, if you get delayed in a traffic jam, spend 4 hours waiting for a load, and then have a 30-minute break, all those count toward the 14-hour rule. In short, if you begin your shift at 9 a.m., you must end it at 11 p.m. regardless of the events of the day.
THE 60/70-HOUR HOS RULE
A driver hauling goods cannot drive more than 70 hours within an eight- day period without taking 34 continuous hours off. A driver transporting passengers can only drive 60 hours in a seven-day period, or 70 hours in an eight-day period.
THE 30-MINUTE HOS RULE
This last rule states that a driver must take a 30-minute break before their eighth hour on duty. For example, if a driver begins a shift at 9 a.m., they must take their break before 5 p.m. If the driver waits 4 hours to get loaded and then gets stuck in traffic for an hour, they must still take their break before 5 p.m. Likewise, if they take their break too soon during a 14-hour driving shift, they might have to take a second 30-minute break.
If you have any other questions regarding these HOS rules or just want legal advice, please give our office a call at 661-349-9300.
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