Hours of Service Regulations for NC Truck Drivers
How many hours can a trucker drive in a day or a week without an off-duty period? How long are truck drivers allowed to remain behind the wheel of their vehicle before taking a break? The answer to these questions could impact your claim if you are involved in an accident with a large commercial truck in North Carolina.
The federal government established hours-of-service (HOS) regulations for a reason – to avoid crashes due to driver fatigue. At Ward Black Law, our personal injury attorneys are serious about helping you recover the compensation you deserve when truck drivers flaunt these rules and cause devastating crashes due to fatigue.
Have you been injured in an accident involving a large commercial vehicle whose driver might have been too tired to drive safely? Let our legal team investigate the cause of the crash and fight for every penny of the money you deserve for your injuries.
Contact our Greensboro truck accident attorneys today for a free case review and learn more about your legal rights.
FMCSA Hours-of-Service Limits for Truck Drivers
The Federal Motor Carrier Safety Administration (FMCSA) is a federal agency in the Department of Transportation established in 2000. The FMCSA aims to help prevent commercial motor vehicle accidents and reduce truck accident fatalities and injuries in the U.S. The agency oversees over 500,000 commercial vehicles and at least 4,000 interstate bus companies. By harnessing traffic data, the organization creates and enforces regulations to enhance the safety and efficiency of large trucks and other commercial vehicles.
Among the most significant rules to come from the FMCSA are the hours-of-service regulations. The phrase “hours of service” refers to the maximum hours commercial drivers are legally allowed to spend behind the wheel during a given timeframe.
FMCSA HOS regulations hold that drivers carrying property and cargo can only drive a maximum of 11 hours after 10 consecutive hours off duty. Commercial drivers must also take a 30-minute break after driving for 8 hours. Drivers are prohibited from driving more than 60 hours in 7 days or more than 70 hours in 8 days.
The FMCSA also has sleeper berth provisions, adverse driving condition restrictions, and short-haul exceptions. Drivers carrying passengers, like interstate bus drivers, can drive a maximum of 10 hours after 8 consecutive hours off duty.
Does North Carolina Have State-Specific HOS Rules?
Some states also have state-specific hours-of-service rules. However, federal law supersedes state laws. In many cases, state-specific laws reiterate federal HOS rules.
North Carolina HOS regulations dictate that intrastate truck drivers cannot drive for more than 12 hours following 8 consecutive hours off duty. Additionally, drivers cannot drive or be on duty for more than 70 hours at a time in a 7-day time frame or more than 80 hours in eight days. These rules apply to truck drivers who operate entirely within North Carolina’s borders.
Consequences for Violating HOS Regulations
There can be significant consequences and stiff penalties for drivers and trucking companies that violate federal HOS regulations. Nearly all commercial vehicles must contain electronic logging devices. These black-box devices can monitor a driver’s HOS more accurately than manual logs. Accessing these logs is one way to identify whether a truck driver violates federal HOS regulations.
The federal government takes HOS violations extremely seriously. Under FMCSA rules, the agency can fine drivers or trucking companies anywhere from $1,000 to $16,000, depending on the severity of the violation. If an HOS violation involves a truck carrying hazardous materials, fines can exceed $75,000. Trucking companies with a long history of HOS violations also risk having their safety rating downgraded.
In addition to federal penalties, some drivers may be ticketed and fined by local law enforcement officials, depending on the situation’s circumstances.
How Hours-of-Service Violations May Lead to Accidents
Trucking companies may use high-pressure tactics and tight deadlines to compel commercial truck drivers to push their limits and violate HOS safety regulations. Why is this behavior so dangerous? Because HOS violations can lead to catastrophic commercial truck accidents.
HOS regulations are designed to protect the public and truck drivers from the effects of fatigue and drowsy driving. Driving for hours can be exhausting, leading to hunger, irritability, drowsiness, and fatigue.
Studies indicate that drowsy driving can be just as dangerous as drunk driving because sleep deprivation impacts the body in much the same way as alcohol use. Drowsiness impairs judgment, slows reaction time, and affects coordination and decision-making.
After nearly 18 hours awake, the effects on a person’s hand-eye coordination and cognition are similar to someone with a blood-alcohol content (BAC) of 0.05 percent. After 20 hours awake, the effects of sleep deprivation are comparable to an individual with a BAC of 0.08 percent, the legal limit for intoxication in most states.
Even mild sleep deprivation can impact a truck driver’s ability to safely control and maneuver their vehicle. AAA suggests that drivers missing as little as two to three hours of sleep within 24 hours more than quadrupled their risk of being involved in a significant accident. Running on less than four hours of sleep raises a person’s crash risk by as much as 11.5 times.
Violating HOS regulations puts drivers at risk of operating an 80,000-pound vehicle on too little rest. Drivers may also experience the intense and debilitating side effects of a drop in blood sugar when they do not have time to eat before hitting the road again.
Why You Need Our Law Firm for Your Tired Trucker Accident Case
Electronic logging device data and other evidence may be crucial to establishing whether a truck driver exceeded HOS regulation limits. Yet, how do you, the accident victim, get your hands on this vital information? In most cases, the answer is you can’t without aggressive legal representation.
Evidence such as electronic logging device data, driver training information, and trucking company logs belong to the trucking company. They are not in the habit of turning over potentially incriminating evidence to an individual without a fight.
You need an experienced truck accident attorney working for you. A personal injury attorney with Ward Black Law can review your situation and demand the trucking company preserve and turn over evidence that may be valuable in proving your claim. Our attorneys can also build a compelling claim that gives you the best opportunity to recover maximum compensation from the at-fault parties and their insurers.
