Truck driver regulations
Federal Regulation of Trucks
Minnesota truck accidents (those involving 18-wheelers, tractor-trailers and other big rig trucks) involve the investigation of federal regulations tailored to avoid such disasters. The Federal Motor Carrier Safety Regulations (FMCSA) sets out safety requirements on owners, operators, lessees and their equipment such as licensing, qualifications of drivers, hiring and supervision, record keeping, maintenance of vehicles, notification of driver violations, alcohol and controlled substances, supervision, insurance requirements and other safety-related regulations. Following an accident involving an 18-wheeler, tractor-trailer or other large truck, it is important to immediately begin an investigation to preserve evidence and determine if there has been compliance with the requirements of federal law.
One common problem that can contribute to semi truck accidents is driver fatigue caused by drivers exceeding the number of hours on the road.
The Hours-of-Service regulations (49 CFR Part 395) put limits in place for when and how long commercial motor vehicle (CMV) drivers may drive. These regulations are based on an exhaustive scientific review and are designed to ensure truck drivers get the necessary rest to perform safe operations. FMCSA also reviewed existing fatigue research and worked with organizations like the Transportation Research Board of the National Academies and the National Institute for Occupational Safety in setting these HOS rules.
The regulations are designed to continue the downward trend in truck fatalities and maintain motor carrier operational efficiencies. Although the HOS regulations are found in Part 395 of the Federal Motor Carrier Safety Regulations, many States have identical or similar regulations for intrastate traffic.
Who must comply with the Hours-of-Service Regulations?
Most drivers must follow the HOS Regulations if they drive a commercial motor vehicle, or CMV.
In general, a CMV is a vehicle that is used as part of a business and is involved in interstate commerce and fits any of these descriptions:
• Weighs 10,001 pounds or more
• Has a gross vehicle weight rating or gross combination weight rating of 10,001 pounds or more
• Is designed or used to transport 16 or more passengers (including the driver) not for compensation
• Is designed or used to transport 9 or more passengers (including the driver) for compensation
• A vehicle that is involved in Interstate or intrastate commerce and is transporting hazardous materials in a quantity requiring placards is also considered a CMV.
HOURS-OF-SERVICE RULES
| Property-Carrying CMV Drivers | Passenger-Carrying CMV Driver |
| 11-Hour Driving Limit
May drive a maximum of 11 hours after 10 consecutive hours off duty. |
10-Hour Driving Limit
May drive a maximum of 10 hours after 8 consecutive hours off duty. |
| 14-Hour Limit
May not drive beyond the 14th consecutive hour after coming on duty, following 10 consecutive hours off duty. Off-duty time does not extend the 14-hour period. |
15-Hour On-Duty Limit
May not drive after having been on duty for 15 hours, following 8 consecutive hours off duty. Off-duty time is not included in the 15-hour period. |
| 60/70-Hour On-Duty Limit
May not drive after 60/70 hours on duty in 7/8 consecutive days. A driver may restart a 7/8 consecutive day period after taking 34 or more consecutive hours off duty. |
60/70 Hour On-Duty Limit
May not drive after 60/70 hours on duty in 7/8 days. |
| Sleeper Berth Provision
Drivers using the sleeper berth provision must take at least 8 consecutive hours in the sleeper berth, plus a separate 2 consecutive hours either in the sleeper berth, off duty, or any combination of the two. |
Sleeper Berth Provision
Drivers using a sleeper berth must take at least 8 hours in the sleeper berth, and may split the sleeper-berth time into two periods provided neither is less than 2 hours. |
The MN semi truck lawsuit lawyers at Fields Law Firm are ready to help you or a loved one who has suffered injuries or died in a truck accident. We will listen to how your injuries have affected you and the long-term affect on your life including physical injuries, pain and suffering, lost wages and property damage. Please contact one of our Minnesota truck accident attorneys for a free no-obligation consultation.
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