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FMCSA Hours-of-Service Regulations
The Federal Motor Carrier Safety Administration's hours-of-service (HOS) regulations are the primary federal tool for combating trucker fatigue. Under 49 CFR Part 395, a property-carrying driver may drive a maximum of 11 hours after 10 consecutive hours off duty. No driving is permitted after the 14th consecutive hour following the driver coming on duty after 10 hours off duty. Drivers operating under the 60/70-hour rule are limited to 60 hours on duty in 7 consecutive days or 70 hours in 8 consecutive days. The 30-minute rest break requirement mandates a break after 8 cumulative hours of driving time.
Violations of HOS regulations are widespread in the trucking industry despite ELD enforcement. Carriers under schedule pressure may encourage or implicitly require drivers to exceed legal limits. Post-accident ELD data frequently reveals that drivers were operating beyond the 11-hour or 14-hour window at the time of the crash. When HOS violations are established, courts generally treat them as negligence per se — the violation itself proves the driver's negligence without additional evidence.
ELD Data as Litigation Evidence
Electronic logging devices became mandatory for most commercial carriers under the FMCSA ELD Rule effective December 2017. ELD data is tamper-resistant and records every minute of driver activity — driving time, on-duty non-driving time, off-duty time, and sleeper berth time — with GPS location stamps. In a fatigue-related crash case, ELD records are the most direct evidence of HOS violations. An attorney's immediate spoliation letter to the carrier is essential because ELD data may be auto-deleted after 30 days under some carrier retention policies.
Beyond ELD records, supporting evidence of driver fatigue includes fuel receipts showing continuous driving inconsistent with log entries, GPS tracking data, toll records, dispatch messages, and cell phone records. In cases where the carrier encouraged HOS violations, internal communications between dispatchers and drivers can establish corporate knowledge — supporting punitive damages claims.
Proving Fatigue and Corporate Liability
Fatigue impairs driving performance in ways similar to alcohol intoxication. Studies by the FMCSA and the National Transportation Safety Board show that being awake for 18 hours produces impairment equivalent to a 0.08% BAC — the legal limit for driving while intoxicated. Driving after 24 hours without sleep is equivalent to a 0.10% BAC. Expert witnesses in human factors and sleep science can translate ELD data and driving patterns into compelling evidence of impairment that jurors understand.
When a carrier's compensation structure incentivizes mileage over safety — paying drivers only when wheels are turning — it creates institutional pressure toward fatigue-related violations. An experienced truck accident attorney investigates not just the driver's logs but the carrier's compensation model, safety management systems, and history of FMCSA HOS violations to build a case for punitive damages against the company.
Restart Provisions and Split Sleeper Berth Rules
The 34-hour restart provision allows drivers to reset their weekly driving clock by taking at least 34 consecutive hours off duty. The split sleeper berth exception permits drivers to split their required 10-hour off-duty period into two segments — at least 7 hours in the sleeper berth and a separate period of at least 2 hours — with conditions on how this affects the 14-hour driving window. These provisions are complex and frequently misapplied. When a driver misuses restart or split-berth provisions to extend driving time beyond what the regulations actually permit, that misapplication is itself a regulatory violation creating liability for the driver and carrier.
Key data
Data & Statistics
13% of commercial truck drivers involved in crashes were fatigued at the time of the accident
FMCSA Large Truck Crash Causation Study
18 hours awake = cognitive impairment equivalent to 0.08% BAC
NTSB / FMCSA Research
HOS violations are among the top 3 FMCSA violation categories cited in post-accident investigations
FMCSA Safety Measurement System (SMS)
FAQ
Frequently Asked Questions
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