Role of the FMCSA
The FMCSA regulates and provides safety oversight of commercial motor vehicles. The agency enforces regulations through roadside inspections, audits, and investigations.
When drivers or companies are found to violate regulations, the FMCSA can issue fines, place drivers or vehicles out of service, and, in severe cases, revoke operating authority.
Understanding Hours of Service
The FMCSA has established hours of service (HOS) regulations to limit the hours a driver can operate a commercial motor vehicle daily.
These regulations are designed to prevent driver fatigue and improve overall road safety.
The HOS regulations apply to drivers of commercial motor vehicles involved in interstate commerce, including property and passenger-carrying drivers.
Drivers must accurately log their hours of service in a record of duty status (RODS) to ensure compliance with these regulations.
Electronic logging devices (ELDs) provide a more accurate and tamper-proof method of tracking hours.
Motor carriers must also comply with the HOS regulations and ensure their drivers are not violating them.
This includes monitoring drivers’ hours of service, providing adequate rest periods, and maintaining accurate records of duty status.
Limits on Driving Time
According to the FMCSA, the current HOS regulations for property-carrying commercial vehicle drivers state that:
Drivers must take a 30-minute break after 8 hours of consecutive driving.
Drivers cannot drive more than 11 hours in a consecutive 14-hour period.
Once the 14-hour limit is reached, the driver must take a 10-hour break before resuming driving.
Drivers are limited to 60 hours on duty in 7 consecutive days or 70 hours on duty in 8 consecutive days.
Drivers must accurately log their hours of service in a record of duty status (RODS) to ensure compliance with these regulations.
Impact of Fatigue
Fatigue can significantly impair a driver’s ability to operate a vehicle safely.
It can lead to slower reaction times, decreased vigilance, impaired judgment, and increased risk of falling asleep at the wheel.
For commercial vehicle drivers, who often drive large trucks or buses, the consequences of fatigue can be catastrophic, potentially leading to large-scale accidents and loss of life.
How Do Drivers and Companies Cover Up HOS Violations?
Some truck drivers and trucking companies attempt to cover up hours of service violations, risking the safety of everyone on the road.
Omitting Hours
Some drivers may omit certain hours of service from their logs, such as time spent waiting at loading docks, to reduce the total number of hours recorded on duty.
This allows them to drive longer than allowed under HOS regulations without it being apparent in their logs.
Duplicate Logbooks
A more blatant method is the use of duplicate logbooks, where drivers maintain two sets of records: one accurate and another shown to inspectors or auditors.
This allows them to conceal their actual hours of service while presenting falsified compliance.
Editing Electronic Logs
Electronic logs have become increasingly popular in recent years as they provide a more accurate and tamper-proof way of tracking hours of service.
However, some trucking companies may still attempt to edit or falsify electronic logs to avoid penalties for HOS violations.
This can be done by changing the date or time stamps on the logs or manually adjusting the hours recorded.
Exploiting System Vulnerabilities
Some electronic logging devices (ELDs) may have system vulnerabilities that allow users to edit logs after the fact.
Dishonest drivers or companies can exploit these vulnerabilities to alter records and hide violations.
Unauthorized Access to ELDs
There have been instances where individuals with the technical know-how gain unauthorized access to ELDs to alter or erase records.
This type of tampering can be challenging to detect and lead to significant HOS violations going unnoticed.
Unauthorized ELD Devices
Some companies may use unauthorized ELD devices that are not compliant with FMCSA standards.
These unauthorized devices may allow for easier log manipulation, making it more straightforward for drivers to falsify their hours of service without detection.
Swapping Driver Identification
Drivers may swap their driver identification with each other to spread out hours driven and avoid reaching HOS limits.
This is often done in team driving scenarios where two drivers share the driving but report hours under one identity to circumvent regulations.
Stolen Credentials
Some drivers resort to using stolen credentials to log into ELD systems.
This allows them to drive under someone else’s name, making it harder for authorities to trace HOS violations back to the correct individual.
Fake Driver’s Licenses
Obtaining and using a fake driver’s license is another extreme measure taken to conceal one’s identity and HOS violations.
This illegal practice can lead to severe legal consequences if discovered.
Falsifying Records
Falsifying records is a serious offense in the trucking industry, and it can have severe consequences for both the driver and the motor carrier.
When truck drivers falsify their hours of service records, they hide the proper amount of time they have spent driving or on duty.
This can lead to driver fatigue, significantly increasing the risk of trucking accidents.
Fatigued drivers have slower reaction times, impaired judgment, and are more likely to fall asleep at the wheel, putting themselves and other road users in danger.
Motor carriers that allow or encourage drivers to falsify records are equally culpable.
These companies may face federal criminal penalties, including hefty fines and potential shutdowns.
The FMCSA takes these violations very seriously, as they undermine the integrity of the HOS regulations and compromise road safety.
In addition to legal penalties, falsifying records can damage the reputation of the driver and the motor carrier.
It can lead to increased insurance premiums, loss of business, and difficulty in recruiting and retaining quality drivers.
The trucking industry relies on trust and compliance with safety regulations, and any breach of this trust can have long-lasting repercussions.
To avoid these severe consequences, drivers and motor carriers must adhere strictly to HOS regulations and maintain accurate records of duty status.
Using electronic logging devices (ELDs) can help ensure that records are accurate and tamper-proof, promoting safety and compliance within the industry.
Consequences of Violations
Crashes
The primary reason for HOS regulations is to prevent fatigue-related truck accidents.
DOT Fines for Hours of Service Violations
Drivers can face fines of up to $1,000 to $11,000 for each offense, and companies can face fines of up to $16,000 per violation.
Penalties for Falsifying Records
Falsifying HOS records is a violation that can lead to additional fines and penalties.
Impact on Insurance Premiums
Insurers view HOS violations as an indicator of risky behavior, which can result in higher insurance costs for vehicles and drivers.
Consequences for Safety Ratings
HOS violations can negatively impact a company’s safety rating, affecting its ability to secure contracts and operate profitably.
Suspension of License or Shutdown of Company
For repeat offenders or those with significant HOS violations, the FMCSA may suspend a driver’s commercial driver’s license (CDL) or even shut down a company’s operations.
Legal Ramifications
In addition to FMCSA penalties, drivers and companies may face legal ramifications and legal action from individuals or entities affected by their actions.
This can include civil lawsuits for damages resulting from crashes or other regulatory penalties imposed by state or local authorities.
Liability and Risks
Who is Liable for HOS Violations?
In an HOS violation, the driver and the motor carrier can be held liable.
The driver is responsible for accurately logging their hours of service and adhering to the HOS regulations.
If a driver is found to have falsified their logs or violated HOS rules, they can face fines and penalties and have their commercial driver’s license (CDL) suspended.
Motor carriers, on the other hand, are responsible for ensuring that their drivers comply with HOS regulations.
If a motor carrier is found to have knowingly allowed or required a driver to violate HOS rules, it can face federal criminal penalties, fines, and damage to its reputation.
In addition to the driver and motor carrier, other parties can be held liable for an HOS violation. For example, if a trucking company’s negligence or recklessness leads to a truck accident, they can be liable for damages.
Costs of HOS Violations
Financial Consequences of HOS Violations
HOS violations can have severe financial consequences for both drivers and motor carriers. Depending on the severity of the violation, fines for HOS violations can range from $300 to $2,000 for motor carriers and $300 to $1,000 for drivers.
Compliance with HOS Regulations
Truck drivers and companies must comply with FMCSA regulations to avoid the risks and consequences of HOS violations. This includes using electronic logging devices to record hours of service accurately and ensuring drivers get sufficient rest between shifts.
Electronic Logging Devices (ELDs)
Using electronic logging devices (ELDs) is one of the most effective ways to ensure compliance with HOS regulations.
These devices automatically record driving time, making it harder for drivers to falsify their hours and easier for companies to monitor compliance.
Fleet Management Software
Fleet management software is a tool motor carriers use to monitor and manage their fleet of vehicles efficiently.
It helps track vehicle locations, maintenance schedules, fuel usage, and driver behavior.
Fleet management software is crucial in complying with hours of service (HOS) regulations.
It can assist motor carriers in ensuring that their drivers adhere to HOS rules by providing real-time visibility into driver activities, including driving hours, rest periods, and compliance with regulations.
Motor carriers can use fleet management software to monitor driver schedules, track hours of service, and receive alerts for potential violations.
This proactive approach helps prevent HOS violations, reducing the risk of fines, penalties, and negative consequences associated with non-compliance.
Overall, fleet management software enhances operational efficiency, promotes safety, and aids motor carriers in maintaining compliance with HOS regulations, ultimately contributing to a safer and more efficient transportation operation.
Best Practices
To ensure compliance with the HOS regulations and improve road safety, truck drivers should follow best practices, including:
Accurately Logging Hours of Service
Taking Regular Breaks
Avoiding Peak Sleepiness Hours
Listening to the Body
Avoiding High-Risk Traffic Areas
Maintaining a Healthy Lifestyle
Getting Enough Sleep
Minimizing Distractions
Hiring an Attorney
Hiring a lawyer when injured in a tractor-trailer crash is crucial for various reasons.
A lawyer specializing in trucking cases possesses intricate knowledge of the Federal Motor Carrier Safety Regulations (FMCSR), which are specific to commercial trucking operations.
This allows the lawyer to conduct aggressive discovery to identify the root cause of the crash and any hours of service violations committed by the truck driver and the company.
By engaging in thorough discovery, a specialized trucking lawyer can gather evidence, such as driver logs, electronic logging device (ELD) data, maintenance records, and other relevant information, to build a strong case.
This can help prove liability and seek appropriate compensation for the victim.
On the other hand, pitfalls may arise if the crash victim tries to handle the claim without a lawyer or hires a generalist attorney.
Without a lawyer specializing in trucking cases, the victim may not fully understand the complexities of FMCSA regulations or know how to navigate the legal intricacies involved in trucking accidents.
This could result in a lower settlement amount or even the dismissal of the case due to procedural errors or lack of evidence.
Take Action Now
The aftermath of a truck accident can be overwhelming, but you don’t have to face it alone.
Contact Sam Aguiar Injury Lawyers today at (502) 888-8888 in Louisville or (859) 888-8000 in Lexington for a free, no-obligation consultation.
Our team is available 24/7 to answer your questions and guide you through this difficult time.
Remember, with our exclusive Bigger Share Guarantee®, you always get more and never pay fees unless we win your case.
