Truck Driver Fatigue and Hours-of-Service Violations: Tennessee and Federal Rules Explained

Truck drivers and trucking companies understand the phrase, “time is money.” The more deliveries that a truck driver can make in a day or a week, the more money both the driver and the trucking company can earn. Many truck drivers push the limits of how many hours they drive in order to get back to their families and communities faster. The problem is that there is a “price” on these extra deliveries. Our Tennessee truck accident lawyers hold truck drivers and trucking companies liable when driver fatigue causes a truck accident.

Drivers who work long shifts without adequate rest can pose a hazard to others on the road, as fatigue may impair their ability to anticipate and respond to traffic dangers. To ensure that drivers have proper short-term and long-term rest, the Federal Motor Carrier Safety Administration (FMCSA) enacted Hours-of-Service (HOS) requirements that regulate how long truck drivers can drive without resting. The HOS rules also regulate how long the rest breaks must be before a truck driver can resume driving.

The FMCSA generally requires Electronic Logging Devices for drivers who must maintain records of duty status (RODS), though certain drivers/operations are exempt. One way to ensure truck drivers and trucking companies are held accountable is through FMCSA enforcement actions. Another way is to file a Tennessee personal injury or wrongful death claim if a tired driver causes a truck accident.

What are the basic HOS rules?

The HOS rules apply to commercial trucks, such as tractor-trailers, semis, and rigs. HOS violations occur when drivers exceed the following time limits:

• 11-hour driving limit. A truck driver can drive a maximum of 11 hours after 10 consecutive hours off duty.
• 14-hour driving limit. A truck driver cannot drive beyond the 14th consecutive hour after coming on duty, after being off-duty for 10 consecutive hours. On-duty includes more than just driving the truck. On-duty also includes fueling, paperwork, inspections, breaks, and other non-driving activities.
• 30-minute break. Drivers generally may not drive if more than 8 hours have passed since the end of their last 30-minute non-driving period (off-duty, sleeper berth, or on-duty not driving).
• 60-hour limit. Truck drivers may not drive after 60 hours on duty in 7 consecutive days unless they restart the 7-day period after taking 34 or more consecutive hours off duty.
• 70-hour limit. Truck drivers may not drive after 70 hours on duty in 8 consecutive days unless they restart the 8-day period after taking 34 or more consecutive hours off duty.

There are a few exceptions, including:

• Adverse driving conditions. When adverse driving conditions are encountered, drivers may extend the 11-hour driving limit and the 14-hour driving window by up to 2 hours.
• Short-haul exception. Drivers who operate within 150 air miles of their normal work reporting location and return within 14 hours may be exempt from maintaining electronic logs or RODS, although most HOS limits still apply.

What are the electronic logging device (ELD) requirements?

The ELD rules make it easier to track, manage, and share records of duty status (RODS) data, meaning the number of hours a truck driver operates the vehicle. An ELD synchronizes the truck’s engine to automatically record driving time.

The ELD Rule:

• Identifies who must comply with the rule and the exceptions that apply.
• Explains FMCSA’s self-certification and registration process.
• Explains the technical specifications of a compliant ELD.
• Includes provisions to help prevent data tampering and harassment of drivers.
• Creates standard data displays and data transfer processes.

There are separate ELD requirements. One set of requirements for drivers and carriers, another for manufacturers, and another for those who enforce the ELD requirements.

How do HOS violations and ELD violations affect truck accident claims?

Truck drivers must comply with HOS rules and ELD requirements. Generally, the owner of the truck and the company that hires the truck driver are also responsible for HOS and ELD compliance.

A Tennessee truck accident lawyer can work to show that a truck driver’s fatigue is a cause of your accident. We can show fatigue in many ways, but the most objective way is to show that a truck driver failed to comply with HOS requirements based on data from the ELD device (or other recording devices, such as paper entries).

At Rocky McElhaney Law Firm: Car Accident & Injury Lawyers, we can provide evidence of fatigue by showing that a truck driver/trucking company committed HOS violations by:

• Failing to provide the necessary RODS data, such as the location of the truck, the date and time of operation, and the total miles traveled, for every 24 hours.
• Violating the specific 30-minute, 11-hour, 14-hour, 60-hour, or 70-hour requirements. Drivers should consider using alarms or predetermining their breaks to help meet the FMCSA regulations.

Motor carriers must generally retain records of duty status and supporting documents for at least six months. Drivers and trucking companies have a duty to ensure their ELD devices are working properly.

Our Tennessee truck accident lawyers can work with truck ELD professionals, when necessary, to verify the accuracy of ELD and other truck-driving data. Falsified logs may help demonstrate reckless conduct, which can support punitive damages in some Tennessee cases.

Non-ELD ways to show truck driver fatigue in Tennessee

In addition to reviewing ELD devices and paper logs, our Tennessee truck accident lawyers may also review the following to show a driver was fatigued while driving their truck:

• Mobile phone information. Accessing cell phone information can help show if a driver was texting or talking while driving, and what discussions the driver and the trucking company were having about a shipment, including discussions about time demands for each delivery. Cell phones can also provide GPS data that can help show a truck driver’s hours on the road, travel route, and other information that might suggest driver fatigue.
• The delivery records. These records help show when drivers picked up and dropped off each shipment and the time it took for the deliveries.
• Other records. These may include fuel records and any purchases the driver made while en route.

Generally, trucking companies are liable for the negligent acts of their employees in Tennessee. Trucking companies may also be liable for pressuring their drivers to make deliveries according to unreasonable time schedules.

Contact a Tennessee truck accident lawyer today

At Rocky McElhaney Law Firm: Car Accident & Injury Lawyers, our experienced Tennessee truck accident lawyers understand how truck accidents happen and why truck drivers and trucking companies should be held accountable. Please contactus to schedule a free consultation in Nashville, East Nashville, Hendersonville, Clarksville, or Murfreesboro.