The New Hours-of-Service Regulation

The Federal Motor Carrier Safety Administration recently updated the law limiting the hours tractor trailer drivers can operate commercial motor vehicles. The new law was designed in part to help reduce the amount of truck accidents that result from tired and/or fatigued truck drivers. The new Regulations went in effect October 1, 2005.

The new Hours-of-Service law requires drivers to get the necessary rest and restorative sleep, while recognizing the business needs of drivers and the companies they work for.

Part 395 of the Federal Motor Carrier Safety Regulations (Hours-of-Service) apply to motor carriers that haul property.

The new Hours-of-Service Rules state, a driver:

1. May drive a maximum of 11 hours after 10 consecutive hours off duty;
2. May not drive beyond the 14th hour after coming on duty, following 10 consecutive hours off duty;
3. May not drive after 60/70 hours on duty in 7/8 consecutive days;
4. May restart a 7/8 consecutive day period after taking 34 or more consecutive hours off duty.

In addition, a commercial motor vehicle driver (tractor trailer driver) that uses the sleeper berth provision, must take at least 8 consecutive hours in the sleeper berth, plus 2 consecutive hours either in the sleeper berth, off duty, or any combination of the two.

Regulations like these are enacted in an attempt to reduce truck accidents on our nation's roadways. Unfortunately, it is common after a truck accident, to uncover violations of the Hours-of-Service law. Tractor Trailer drivers continuously push the envelope when operating commercial motor vehicles. The more miles they drive the more their paycheck is.

As an experienced truck accident attorney, I will discuss your case with you and answer any questions you may have. If requested, I will immediately alert our tractor trailer accident team and begin taking the same action as the trucking company and their insurance company.

The call and consultation are free. I can be reached 24 hours a day on my cell phone at 314.322.8515 or toll free at 1.866.620.5757. Call me personally and I will answer all of the questions and concerns you may have. There is no fee unless you recover for your personal injuries.

If you do not want to call or you can't call, you can email me at john@pagecagle.com. I look forward to speaking with you and helping you through these trying times.

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