Truck Driver Hours of Service Crash Georgia Lawyer

These federal hours-of-service limits are the baseline used when a truck driver hours of service crash in Georgia is reviewed. This guide explains each rule, how driver logs are checked, and why the records should be requested early.

Short Answer: How Long Can a Truck Driver Legally Drive?

Under 49 CFR § 395.3, and except as provided in § 395.1, a driver of a property-carrying commercial motor vehicle may drive a total of 11 hours during the period specified in paragraph (a)(2) of that section. That period begins after the driver comes on duty following 10 consecutive hours off duty. 49 CFR § 395.3 sets both limits.

The clock is strict. Under 49 CFR § 395.3, and except as provided in § 395.1, a driver of a property-carrying commercial motor vehicle may not drive after a period of 14 consecutive hours after coming on duty following 10 consecutive hours off duty, and may not drive without first taking 10 consecutive hours off duty.

These are federal rules for commercial motor vehicles.

What Are Hours of Service (HOS) Regulations?

Hours-of-service rules set how long a commercial driver may work and drive before a required rest. They sit in 49 C.F.R. Part 395, and the official eCFR text of Part 395 is the place to read them.

Three kinds of time matter most. Driving time is all time at the driving controls of a commercial vehicle in operation. On-duty time is all time from when a driver starts work, or must be ready to work, until released from all work. Definitions appear in 49 CFR § 395.2.

Off-duty time is time when the driver is not on duty and not required to be ready to work. See 49 CFR § 395.8 for how duty status is recorded.

On-duty time also includes waiting at a terminal to be dispatched, unless the carrier has released the driver. That is why waiting time can matter as much as driving time.

Required Rest Breaks and Shut-Down Time

A driver must take 10 consecutive hours off duty before starting a driving period. That answers the common question of how many hours a truck driver has to shut down. The rule appears in 49 CFR § 395.3.

The 30-minute break is a separate rule. Except for drivers who qualify for either of the short-haul exceptions in § 395.1(e)(1) or (2), driving is not permitted once more than 8 hours of driving time have passed without at least a consecutive 30-minute interruption in driving status. That break can be off duty, time in a sleeper berth, on-duty not driving time, or a mix of these.

The 14-hour window gets tight fast. Waiting to be dispatched and repairing a disabled truck both count as on-duty time. Time resting in a sleeper berth is a separate duty status, not on-duty time.

For example, a driver who sits at a terminal for three hours after coming on duty has already used three of the 14 hours. The truck has not moved, but the window keeps running.

Weekly On-Duty Limits

A driver of a property-carrying commercial motor vehicle may not drive after 60 hours on duty in any 7 consecutive days, or 70 hours in any 8 consecutive days. Which limit applies depends on whether the carrier runs trucks every day of the week. The weekly rules appear in 49 CFR § 395.3.

The rules also allow a restart. A 7- or 8-day period may end with the beginning of an off-duty period of 34 or more consecutive hours.

Weekly totals matter after a crash. A driver can follow each daily limit and still be worn down by a heavy week. A single day’s log does not show that buildup, so the weekly totals need checking too.

Dangers of Driver Fatigue and How It Connects to a Crash

Federal rules bar a driver from operating a truck when fatigue makes it unsafe. The rule says no driver may operate a commercial motor vehicle while ability or alertness is so impaired, or so likely to become impaired, through fatigue or other causes, that it is unsafe to continue. See 49 CFR § 392.3.

Signs of fatigue on the road can include drifting between lanes, slow reactions, and missed exits. These signs are easy to miss when a driver is trying to make a delivery.

Fatigue is one of the factors that can be examined when a large truck is in a crash. A log that shows a rule was broken is evidence to examine. It is not, by itself, proof that tiredness caused a specific crash.

Carriers carry their own duty here. Under 49 CFR § 390.11, the motor carrier must require drivers to follow these duties and prohibitions.

How Logs and Electronic Logging Data Are Used to Test for Violations

Investigators test a driver’s logs by checking them against other records from the same trip. A log that looks clean on its own can look different beside other records.

Most drivers record duty status on an electronic logging device, or ELD. A carrier may use only an ELD that appears on the Federal Motor Carrier Safety Administration’s registered list. See 49 CFR § 395.22.

An ELD automatically records driving time. The driver must review the ELD records, fix errors, and affirm they are accurate. A carrier may not coerce a driver into a false entry, as described in 49 CFR § 395.30.

Each change of duty status must show the city, town, or village, with the State abbreviation. The record must also name each motor carrier for which work was done and show the main office address. See 49 CFR § 395.8.

Supporting documents add a second check. These include dispatch records, trip records, and expense receipts tied to on-duty not driving time. See 49 CFR § 395.11.

A comparison can show driving time past the 11-hour limit. It can also show a 10-hour break that the logs claim was taken but the other records do not support. Gaps like these are the kind a crash review would examine.

How Quickly This Evidence Can Disappear

Carriers must keep a back-up copy of ELD records for 6 months. That copy must sit on a device separate from the one that holds the original data. See 49 CFR § 395.22.

Drivers must submit supporting documents to the employer within 13 days. The clock runs from the 24-hour period the documents cover, or from the day the document comes into the driver’s possession, whichever is later. See 49 CFR § 395.11.

Carriers need not keep more than eight supporting documents for one driver’s 24-hour period. If they hold more, they must keep the ones with the earliest and latest time entries.

The rules also bar a carrier or driver from obscuring, defacing, destroying, mutilating, or altering existing information contained in a supporting document. That protection is in 49 CFR § 395.11(f).

The records sit on different clocks. A request sent early asks for the logs and supporting documents while the carrier still holds them. That timing is why a crash family should act soon.

Talk to a Georgia Truck Accident Lawyer About Requesting the Records

If a truck driver in your Georgia crash may have been past these limits, the logs are worth asking for now. You may be dealing with injuries, a damaged vehicle, and a company that holds the records you need.

T. Madden & Associates, P.C., led by attorney Terance Madden, has been in practice since 1999. The firm has offices in Jonesboro, Atlanta, Decatur, Macon and Augusta. You can start a free case evaluation to ask about requesting the logs.

The first consultation is free, confidential, and carries no obligation to continue. The firm works on a no fee unless we win basis, but you may still be responsible for court costs and case expenses.

This page is general information, not legal advice. Responsible lawyer: Terance Madden, T. Madden & Associates, P.C., with offices in Jonesboro, Atlanta, Decatur, Macon and Augusta. Contact: tmaddenlaw.com/contact.