Hours Of Service Regulation Violation
Truckers across America work hard to make a living and deliver vital goods from shipping facilities to receiving facilities all across the country. The rise of amazon and online shopping has increased demand for this line of work over the years, making truck drivers a key part of the United States economy. However, the boom in demand for truck drivers has also sparked a concern for safe working conditions to promote the well-being of these drivers.
One facet of these laws to protect truck drivers are hours of service regulations, which restrict how long truck drivers are allowed to work and remain on the road. By setting boundaries and limits on the amount of time companies are allowed to have their workers on the road, truckers can more effectively avoid trucking accidents that result from exhaustion and drowsiness on the road. Therefore, hours of service violations could lead to an increased risk of trucking accidents.
Lauren Pilié, The Louisiana Law Lady, is a skilled Louisiana trucking accident attorney who could help answer hours of service regulation questions. Call or text Lauren at (504) 470-3511 today to set up a consultation.
Trucking Regulations in Louisiana
Trucking regulations like hours of service regulations are designed to protect the working conditions of truckers on the road and help reduce traffic incidents. Hours of service regulations in particular are designed to limit the number of consecutive days and hours an employee of a trucking company can work without rest breaks. This could help avoid drowsiness and exhaustion related trucking accidents. Truck drivers must follow both state and federal limitations to ensure hours of service compliance.
Drive Time Limit
One of the primary hours of service regulations that truckers and trucking companies must adhere to is the drive time limit. Long hours can exhaust a truck driver and make them more prone to accidents, so the Federal Motor Carrier Safety Administration has limited the drive time for truckers to no more than eleven hours after ten hours off duty. However, this drive time may be extended to fourteen hours after additional hours of rest beyond the standard ten. Louisiana law and federal hours of service regulations may differ. Understanding the intersection of these different programs and legislatures may help clarify what is expected of truck drivers and companies.
Break Requirements
Additionally, as with many other professionals, truck drivers are entitled to a thirty minute rest break after eight hours of driving. This rest break is designed to allow truckers to recuperate from long stints spent driving and ensure they are well-rested for the road. This break requirement may be satisfied by any thirty minute non-driving period during the trip, and does not necessarily have to be a designated break.
70 Hour Limit
While many hours of service regulations are like those above, regulating how long truckers can drive in a day, they are not the only type. There is also a weekly limit for how many hours a driver can spend on the job in order to prevent fatigue. According to Louisiana R.S. 32:1524, truck drivers are not allowed to exceed 70 hours of driving in a consecutive seven day period. This consecutive period begins after twenty-four hours of off duty time.
Short Haul Exemption
However, despite these regulations, both Louisiana and federal laws offer an exception for shorter trips. This exemption allows truck drivers who are operating within 150 air miles (not driving miles) of their work reporting location to drive for up to eleven consecutive hours without stopping for the mandatory thirty minute break. This also allows for up to fourteen hours of on duty time, which would include the eleven hours of driving time.
This may also provide certain logging benefits to truck drivers operating within the 150 mile radius, as they may not be required to maintain an electronic logging device to record their hours of service. They may also have certain benefits in regards to manually logging their driving hours as well. Understanding the interactions of the Short Haul Exemption could inform what is and is not an hours of service violation.
Consider speaking with the Louisiana Law Lady, an experienced Louisiana trucking accident attorney, for more information on hours of service violations.
Who Must Comply with Hours of Service Regulations?
Hours of service regulations may directly apply to truck drivers, but these regulations also have a secondary impact on multiple adjacent fields in the trucking industry. Loading companies and their workers could be affected, as well as managers of supplying and receiving locations. Understanding who might be affected by an hours of service violation may help when dealing with a truck accident settlement. However, ensuring compliance with hours of service regulations generally comes down to the truck driver and the trucking company who employs them.
Truck Drivers
Truck drivers may be responsible for monitoring their own hours on the road, as the nature of their job generally prevents the oversight of a superior. Truck drivers must understand the relevant limitations and hours of service regulations and do their best to comply. This may involve keeping driving logs and pulling over to rest after eight hours of driving, as well as ensuring trips will not put them in violation of any state or federal laws.
Trucking Companies
However, truck drivers are often not the only liable party when it comes to hours of service violations. The trucking company that hired them may be expected to properly inform and train their drivers to comply with federal and state regulations. Providing adequate signage and training may also go hand in hand with regularly checking in with drivers to ensure proper compliance.
Additionally, trucking companies may be expected to maintain driving logs for their employees of at least six months to monitor their performance and protect them from the consequences of hours of service violations.
Speak with a Louisiana Trucking Lawyer Today
Louisiana trucking laws can be complex and difficult to understand for both truck drivers and trucking companies. However, ensuring compliance with hours of service regulations will not only aid in avoiding legal action, but can also make Louisiana’s roads safer and boost employee morale. Compliance with hours of service guidelines helps to honor the contributions and efforts of truck drivers by ensuring they have the rest they need to be safe on the road.
For more in depth information on hours of service regulation violations in Louisiana, consider scheduling an appointment with the Louisiana Law Lady. Call or text Lauren at (504) 470-3511 for details.