HOS and Fatigue
The Federal Motor Carrier Safety Administration (FMCSA) has established hours-of-service regulations to limit the number of hours truck drivers can operate a commercial vehicle in a day.
These Federal Motor Carrier Safety Regulations are crucial for the safety of both drivers and other motorists on the road.
However, some truck drivers and trucking companies attempt to cover up hours-of-service violations, risking the safety of everyone on the road.
Hours of service (HOS) regulations were created to prevent commercial vehicle drivers from operating their vehicles for extended periods without adequate rest.
These regulations reduce the risk of fatigue-related crashes, which can have severe consequences for both the driver and other motorists.
According to the FMCSA, the current HOS regulations for property-carrying commercial vehicle drivers state that:
Drivers cannot drive more than 11 hours in a consecutive 14-hour period.
Drivers must take a 30-minute break after driving for eight consecutive hours.
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.
Importance of HOS Regulations
The primary purpose of HOS regulations is to ensure that drivers have adequate rest to prevent driver fatigue and perform their duties safely. Fatigue is a significant factor in many road accidents, and truck drivers are especially vulnerable due to the long distances they travel. These regulations are designed not only to protect the drivers but also to protect the public by reducing the number of fatigue-related accidents on the road.
Role of the FMCSA
The FMCSA regulates and provides safety oversight of commercial motor vehicles.
The agency enforces Hours of Service (HOS) rules through roadside inspections, audits, and investigations.
When drivers or companies are found to violate Hours of Service (HOS) regulations, the FMCSA can issue fines, place drivers or vehicles out of service, and, in severe cases, revoke their operating authority.
Impact of Fatigue on Driving
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.
Rules and Regulations
14-Hour Window Rule and 11-Hour Window Rule
The 14-Hour Rule and the 11-Hour Rule are two crucial components of the Hours of Service (HOS) regulations.
A property-carrying driver cannot be on duty for more than 14 consecutive hours, including driving time and other work-related activities.
Once the 14-hour limit is reached, the driver must take a 10-hour break before resuming driving.
The 11-Hour Rule, on the other hand, dictates that a driver can drive a maximum of 11 hours within the 14-hour window, following a mandatory 10 consecutive hours off duty.
This rule aims to ensure that drivers have sufficient rest and are not fatigued while operating a commercial motor vehicle.
Both rules apply to property-carrying drivers, while passenger-carrying drivers are subject to slightly different regulations.
Truck drivers and motor carriers must comply with these rules to avoid Hours of Service (HOS) violations and ensure road safety.
Logging and Tracking
Drivers must accurately log their hours of service in a record of duty status (RODS) to ensure compliance with these regulations.
This logging can be done manually or through electronic logging devices (ELDs), which provide a more accurate and tamper-proof method of tracking hours.
Motor carriers must also ensure that their drivers are not violating these rules.
This includes monitoring drivers’ hours of service, providing adequate rest periods, and maintaining accurate records of duty status.
Covering Up Violations
Omitting Hours
Some drivers may omit certain hours of service from their logs, such as the time spent waiting at loading docks, to reduce the total number of hours recorded as being 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 using duplicate logbooks, where drivers maintain two 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 Hours of Service (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 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 necessary technical expertise have gained 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 Electronic Logging Devices (ELDs) that are not compliant with Federal Motor Carrier Safety Administration (FMCSA) standards. These unauthorized devices may allow for easier manipulation of logs, making it more straightforward for drivers to falsify their hours of service without detection.
Swapping Driver Identification
Drivers may swap their identification with each other to spread out their hours driven and avoid reaching Hours of Service (HOS) limits. This is often done in team driving scenarios where two drivers share the driving duties but report hours under a single 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.
Consequences of HOS Violations
OSHA’s recent citations highlight systemic Amazon workplace safety violations that echo these HOS abuses.
Crashes
The primary reason for Hours of Service (HOS) regulations is to prevent fatigue-related truck accidents.
When truck drivers and trucking companies cover up Hours of Service (HOS) violations, they increase the risk of road crashes.
Fatigue can impair a driver’s ability to react quickly and make safe decisions, leading to accidents that can cause serious injuries or even death.
Severity of Fatigue-Related Crashes
Fatigue-related crashes are often severe due to the size and weight of commercial vehicles.
When a fatigued driver loses control of a truck, the resulting accidents can involve multiple vehicles and lead to significant property damage, severe injuries, and fatalities.
Impact on Other Road Users
When truck drivers violate Hours of Service (HOS) regulations and drive while fatigued, they put themselves at risk and endanger other road users.
Passenger vehicles, motorcyclists, bicyclists, and pedestrians can all become victims of a fatigue-related crash involving a large commercial vehicle.
Long-Term Consequences for Victims
Victims of crashes caused by HOS violations can suffer long-term consequences, including chronic pain, disability, and psychological trauma.
These impacts extend beyond the accident’s immediate aftermath and can affect victims and their families for years to come.
DOT Fines for Violations
The FMCSA takes Hours of Service (HOS) violations very seriously and has strict penalties for drivers and companies found to be violating these regulations.
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.
These fines can add up quickly and significantly impact a driver’s or company’s finances.
Penalties for Falsifying Records
Falsifying Hours of Service (HOS) records is a violation that can result in additional fines and penalties.
Drivers caught falsifying records may face higher fines, and repeat offenders can be subject to increased scrutiny and more severe penalties.
Impact on Insurance Premiums
Violations of Hours of Service (HOS) regulations can also lead to increased insurance premiums for both drivers and trucking companies.
Insurers view HOS violations as an indicator of risky behavior, which can lead to higher costs for insuring 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.
A poor safety rating due to Hours of Service (HOS) violations can lead to a loss of business and damage a company’s competitive standing in the industry.
Damage to Reputation
HOS violations can also negatively impact a driver’s or a company’s reputation.
If a driver is consistently found violating HOS regulations, it can call into question their ability to operate safely and responsibly.
This can lead to difficulty finding work and damage to a company’s credibility and trustworthiness.
Public Perception and Trust
When news of HOS violations becomes public, it can lead to negative public perception of the involved drivers or companies.
The public may lose trust in these entities’ ability to transport goods safely, which can have a lasting impact on their reputation.
Effects on Driver Recruitment and Retention
Companies with a history of Hours of Service (HOS) violations may find recruiting and retaining quality drivers to be challenging.
Prospective drivers may be hesitant to work for a company with a poor safety record, and current drivers may seek employment elsewhere if they feel pressured to violate regulations.
Social Media and Online Reviews
In today’s digital age, social media and online reviews can quickly spread information about a company’s HOS violations.
Negative reviews and social media posts can reach a broad audience and impact a company’s image and ability to attract customers.
Impact on Individual Drivers
The suspension of a CDL can prevent a driver from working in the commercial driving industry, which can significantly impact their income and career prospects.
In some cases, drivers may have to seek employment in a different field, which can be difficult without relevant experience.
Consequences for Trucking Companies
Trucking companies facing shutdowns due to Hours of Service (HOS) violations can result in job losses for employees, financial losses for the company, and disruptions to the supply chain.
Customers, suppliers, and other stakeholders can feel the ripple effects of a company shutdown.
Legal Ramifications
In addition to FMCSA penalties, drivers and companies may face legal action from individuals or entities that have been 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 may be held liable.
The driver is responsible for accurately logging their service hours and adhering to the HOS regulations.
If a driver is found to have falsified their logs or violated Hours of Service (HOS) rules, they can face fines, penalties, and even have their commercial driver’s license (CDL) suspended.
Motor carriers, on the other hand, are responsible for ensuring that their drivers comply with Hours of Service (HOS) regulations.
If a motor carrier is found to have knowingly allowed or required a driver to violate Hours of Service (HOS) rules, it can face federal criminal penalties, fines, and damage to its reputation.
In addition to the driver and motor carrier, other parties may also be held liable for an Hours of Service (HOS) violation.
For example, if a trucking company’s negligence or recklessness leads to a truck accident, they can be liable for damages.
Ensuring Compliance
Truck drivers and companies must comply with FMCSA regulations to avoid the risks and consequences of Hours of Service (HOS) violations. This includes using electronic logging devices to record hours of service accurately and ensuring drivers receive sufficient rest between shifts.
Electronic Logging Devices (ELDs)
Using electronic logging devices (ELDs) is one of the most effective ways to ensure compliance with Hours of Service (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 plays a crucial role in ensuring compliance with Hours of Service (HOS) regulations.
It can assist motor carriers in ensuring that their drivers adhere to Hours of Service (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 Hours of Service (HOS) violations, thereby reducing the risk of fines, penalties, and negative consequences associated with non-compliance.
Overall, fleet management software enhances operational efficiency, promotes safety, and helps motor carriers maintain compliance with Hours of Service (HOS) regulations, ultimately contributing to a safer and more efficient transportation operation.
Importance of Hiring an Attorney
Hiring a lawyer when injured in a crash caused by a tractor-trailer is crucial for various reasons.
A lawyer specializing in trucking cases possesses in-depth knowledge of the Federal Motor Carrier Safety Regulations (FMCSR), 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.
Therefore, hiring a lawyer with expertise in trucking cases is crucial to ensure that the victim’s rights are protected, the case is thoroughly investigated, and the best possible outcome, regarding compensation and justice, is achieved.
