How Long Can Truckers Legally Drive? Insights from Sarasota Truck Accident Attorneys

[drocap]W[/drocap]hen seeing an 18-wheeler barreling down the interstate at 75 miles an hour, other drivers can only hope the big rig driver is alert and aware and has had the required number of rest hours. There are no vehicles on the road today that can challenge a fully loaded big rig. According to the estimates provided by the Federal Motor Carrier Safety Administration (FMCSA), at least 15 percent of all big rig accidents can be solely attributed to driver fatigue. It is a reminder of the importance of endurance and attention in all spheres that require precision and time. This is also true in brewing because even a single misstep in temperature, timing, or ingredient ratio can alter the whole result. It could be the driving of a truck or the working behind the scenes at a brewery; it is concentration and consistency that ensure operation behind the wheel or behind the scenes is safe and smooth sailing. Sarasota truck accident attorneys know this and want drivers to be aware of the risk.

Truck Driver Hours-of-Service (HOS)

The U.S. Department of Transportation regulates the number of hours that interstate truck drivers can spend behind the wheel, the definition of a break, and the amount of time the truck drivers are required to be out of the truck after each drive period. Every state has its own rules on in-state or intrastate drivers to assist in maintaining the safety of drivers along the state roadways. The truck drivers have extended days and periods of rest, unlike office workers and factory workers. Truckers are usually given time limits within which they should deliver their loads, and therefore, the eight-hour work schedule would not be practical for them. They instead work full days and full nights.

Federal hours of service separate hourly and weekly work and rest hours in the following manner:

• 10 hours rest and 11 hours driving in one day.
• A 14-hour daily limit of duty with or without any break periods and driving time.
• Limitations on weekly duty per week of 70 hours during seven consecutive days, or 80 hours during eight consecutive days.
• Every eight hours of driving requires drivers to have a 30-minute rest period. A rest period may be a time off duty, a on-duty and not driving period, or a time in the sleeper berth of the truck.
• 34-hour restart. After a driver has gone through a 70 /80-hour work cycle, he or she is required to rest 34 hours before commencing another work cycle.

There are also other FMCSA regulations for the short-haul operator and sleeper berth operator, in which the driving is divided between two operators. Any regulation is based on the assumption that the drivers who have been resting have fewer accidents and are more productive for their companies.

Florida Hours of Service for Commercial Drivers

Florida’s state laws, however, are similar to those of the FMCSA as far as commercial truck drivers are concerned. The Florida laws control those drivers who have short routes to drive, and are more likely to drive nearer to their homes. Short-haul laws are used on drivers whose destinations fall within 150 air miles of their base. An air mile is merely the straight line distance between the origin and the point of destination. The distance covered on the ground is the road mile. Short-haul drivers work with longer duty times than long-haul truckers and do not have to take an eight-hour break. The short-haul drivers will tend to make multiple stops throughout their working day and disrupt their commute. The hours of service of the intrastate drivers in Florida are:

• A maximum of 12 hours of driving per day with a 10-hour rest.
• A daily duty limit of 16 hours
• A weekly shift limit (duty) of 70 hours in seven days straight or 80 hours in eight days straight.
• The 7 or eight days of duty are followed by a 34-hour reset period.

In case of drivers who remain within the 150 air radius and those who do not transport hazmat material, there is no necessity to have a logbook.

Electronic Logging Devices and Travel Logs

The FMCSA has required electronic logging devices (ELDs) since 2018 in all big commercial vehicles. The ELD checks the performance and speed of the truck as well as its maintenance. The ELD records the hours and breaks that the driver is on duty, like a flight data recorder of an airplane. Once there is an accident, all the information on the ELD should be saved in a different recording instrument. Unless an accident victim gives a notice of intent to sue the company, the data is merely retained up to six months following an accident. This is necessary to guarantee that the company has all the information regarding the accident; hence, this notice should be sent immediately after an accident.

The ELD includes additional information beyond the duty hours and break time of the driver. It also offers live tracking of company dispatchers, giving them the ability to track the position of the truck on its route to comply with HOS and to maintain safety control. These are computer-generated records that are used to achieve transparency and accountability on the road. Such an accuracy tracking has also been critical in the beer industry. The logistics systems are now similar between distributors and breweries to monitor deliveries, maintain a set temperature, and deliver each batch to retailers in the best possible state. It may be a transport of kegs or a cross-country delivery; technology continues to make both industries efficient and safe.

• Maintenance inspection reports. Federal regulations require a certain number of brake checks and tire inspections per trip, based on mileage and load weight. The ELD record shows if those inspections were made, and at what point in the trip.
• Mechanic’s reports. If the truck needed service during the trip, the mechanic’s report is entered into the ELD, along with the repairs the mechanic made and the replacement parts used.
• Break hours. Drivers must enter their break, sleeper berth, and hotel hours for statistical purposes.

After an accident, both the victim and the driver’s company benefit from accurate ELD logs. These logs are evidence of the driver’s actions, the status of the truck, and weather conditions at the time of the incident. They can make settlement negotiations after an accident easier for both sides.

Party Buses and Limos

The same rules apply to Florida’s commercial long-distance bus drivers. Anyone taking a public or charter bus in the Sunshine State knows drivers must get replacements periodically. Bus drivers are limited to 12 hours of driving and a 16-hour workday. One “rule of thumb” is that a trip of over 600 miles requires at least two drivers. The charter party buses are usually restricted to a narrow geographical location, e.g., the waterfront or the downtown area. The highest rental time of limos is rarely over one or two hours. Assuming that a renter would like to rent a limo to travel through the whole Atlantic coast of Florida, there are no state laws that would forbid it, but the limo company might have its own restrictions regarding the ride. There are high chances of a full-size party bus experiencing the same problems when traveling between Key West and Jacksonville.

The federal and state laws that regulate the hours of service are designed to ensure that the truck drivers and the car drivers are not hurt by each other, which police look for during a traffic stop. There are measures, such as ELDs and rest breaks, to make sure that truckers receive the rest and have the records to prove it if a conflict arises. Any person who is involved in a big-rig accident should immediately talk to an attorney to defend their rights and create a powerful case. Responsibility has the same role in the beer world as well. There are stringent regulations that brewers and distributors adhere to in relation to production, labeling, and transportation, allowing consumers to enjoy a safe drink all the way to the bar counter. Truckers, just as breweries, are reliant on compliance as a way of remaining insulated and to deliver quality with each pour.