What's The Maximum Amount of "Driving Time" For Truck Drivers?

Driver fatigue is the leading cause of trucking accidents, and in an attempt to reduce the number of these accidents, the FMCSR contain hours-of-service regulations that specifically dictate the maximum number of hours that a driver can spend going about his business. In setting out these rules, the regulations differentiate between "driving time" and "on duty time." "Driving time" refers to the actual amount of time a driver spends "at the driving controls of a commercial motor vehicle in operation." "On duty time" is much broader, and it includes the time from when a driver "begins work or is required to be ready to work and it continues until the driver is relieved from work and all responsibility for performing work."

For the first time in 60 years, the Federal Motor Carrier Safety Administration just revised the hours-of-service regulations in hopes of providing drivers with better opportunities to obtain sleep. The revised regulations, which become effective January 4, 2004, are based upon a 24-hour cycle and a 7-day cycle, and they adjust depending on the type of vehicle being driven. In general, the regulations provide that for property-carrying commercial vehicles, such as tractor-trailer trucks, drivers cannot drive more than 11 cumulative hours per day, and they can only be "on duty" for 14 hours per day. In between shifts, the driver must generally be off duty for at least 10 consecutive hours.

Moreover, a driver cannot accumulate more than 60 hours of on-duty time during 7 consecutive days or 70 hours during 8 consecutive days. It is important to keep in mind that this restriction applies to on-duty time, not driving time. In order to restart the 7/8-consecutive-day requirement, the driver must take 34 or more consecutive hours of off-duty time.

Does Trucking Company Need To Investigate Its Drivers?

Yes. Under the regulations, an employer is required to investigate each of its drivers. Within 30 days of hiring a driver, the employer must review of the driver's employment record by contacting each of the driver's employers for the previous 3 years. The investigation may consist of personal interviews, telephone interviews, letters, or other methods of obtaining information. The employer is required to make a written record of each interview. This record must include the previous employer's name and address, the date of the interview, and the previous employer's comments regarding the driver. In addition, within 30 days of hiring a driver, the employer must contact each State in which the driver has held a driver's license during the previous three years, and obtain a copy of the applicant's driving record.

After a driver is hired, the employer must review the driver annually to make sure that the driver remains qualified to drive a commercial motor vehicle and that he still meets the minimum requirements for being able to safely drive the vehicle. As part of this annual review, the employer must require all of its drivers to furnish a certified list of all motor vehicle violations that the driver has been convicted of during the year. Moreover, in order to make sure the driver has provided full and complete information, the employer has a duty to obtain an updated copy of the driver's driving record.

What Are The Federal Motor Carrier Safety Regulations (FMCSR)?

These regulations were developed by the government in order to help reduce or prevent truck and bus accidents, fatalities and injuries. The FMCSR remain the sole safety standards that professional truck drivers and motor carriers must follow in the operation of commercial motor vehicles, and any deviation from these standards exposes the motor carrier and driver to liability.

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