Both Texas and the nation rely on trucking companies to provide a valuable service. They not only keep our economy afloat, but they also keep consumer goods flowing down our highway systems. With this level of activity, the responsibility falls on the owners and operators of 18-wheelers to keep themselves and everyone sharing the road with them safe, so how long can truck drivers drive on the road, legally, by Texas law?
If you or a loved one were injured in a trucking accident because of someone else’s negligence, you should reach out to an experienced Texas trucking accident lawyer. We can keep your best interests and justice in mind as we seek compensation to help you recover.
Explaining Texas Hours of Service (HOS) Regulations
Texas has the largest interstate network in America. According to the Texas Department of Transportation (TxDOT), trucking and related industries impact about 43% of the state’s economy. There are more than 66,000 transportation companies in Texas, and the state has more than 185,000 people employed as truck drivers—one in 16 Texans are truck drivers. Commercial trucks make up 12% of the miles traveled on Texas highways.
A major concern in Texas is overworked truckers becoming sleepy or losing focus while behind the wheel. This leads to the state setting up rules and regulations regarding the number of hours a truck driver is legally allowed to be behind the wheel. These standards are known as Hours of Service (HOS) regulations.
When truck drivers leave the state, they must also know and comply with the HOS regulations set by the Federal Motor Carrier Safety Administration (FMCSA). The consequences for not complying with these regulations can be severe, and overworked drivers can cause injury and death. Every trucking company must ensure their employees have training and a clear understanding of these rules.
The FMCSA HOS Rules for Drivers Carrying Only Property
When Texas drivers leave the state and journey into bordering states, they fall under the FMCSA’s HOS rules and should be prepared to adhere to the federal standards. An overview of these rules include:
- If a truck driver has had 10 consecutive hours of rest, they can drive up to 11 consecutive hours.
- If a truck driver has 10 consecutive off-duty hours, they can drive up to 14 consecutive hours; however, they cannot exceed the 14-hour limit, even if they have more than 10 consecutive hours off.
- A truck driver can split up the mandatory 10-hour rest period, but the smallest rest period or nap allowed is two hours. Anytime under two hours is considered a break. If they split up the 10-hour rest period, the last half of the period must be at least seven consecutive hours. In other words, the driver must spend 10 or more hours in the sleeper berth of the truck.
- Regardless of how the hours are split up, truck drivers cannot drive more than 60 hours in a seven-day period or drive more than 70 hours in an eight-day period.
- If a truck driver is going to begin a new seven or eight-day assignment, they must be coming off a minimum of 34 off-duty hours.
- If a trucker drives for an eight-hour period, they are required to take a half-hour break. If they experience a half-hour delay or interruption like road closures or flat tires, the interruption is considered a break.
- If severe weather impedes a driver, their 11 or 14-hour driving limits can be extended by two hours or 120 minutes.
The FMCSA HOS Rules for Drivers Carrying Passengers
If drivers are responsible for passengers, the rules are even more strict when Texas drivers leave the state and venture into the domain of the FMCSA. The rules for Texas drivers transporting passengers outside over state borders include:
- If a commercial driver has had eight consecutive hours of rest, they can drive up to ten consecutive hours.
- If a commercial driver has been off duty for eight consecutive hours, they can drive up to 15 hours consecutive hours.
- Commercial drivers are also allowed to split up the required sleeping periods into two sections. The smallest sleeping period still must be at least two hours, and both periods must add up to eight hours.
- Commercial drivers cannot drive more than 60 hours in a seven-day period and cannot drive more than 70 hours in an eight-day period.
- If severe weather delays a driver, they can also extend their 10 or 15-hour driving limit to two hours or 120 minutes.
The Texas HOS Rules
If truck drivers do not cross the state’s borders, the FMCSA rules and regulations are not applicable. While in Texas, commercial drivers must adhere to Texas rules and regulations. Most truck drivers prefer the Texas rules because they are generally beneficial to faster travel conditions. The Texas HOS rules include:
- Commercial truckers can drive up to 70 hours in one week.
- Truckers must use 34 consecutive hours of rest to reset their driving cycles.
- A truck driver must take eight hours off duty before they begin a new driving shift.
- Truckers are allowed to drive for up to 12 continuous hours.
- The mandatory eight-hour sleeping period can be divided into multiple segments. These sleeping periods can be broken down into various blocks inside their sleeper berths, including:
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- Two hours + six hours
- Three hours + five hours
- Four hours + four hours
The shortest legal sleeping break is still two hours. If their eight-hour rest period is divided into segments, the driver must be on sleeper-berth status. The driver must not surpass 12 hours of driving time either before or after a sleeping session.
How Truckers Adhere to the HOS Rules
In many cases, truck drivers must juggle the various HOS rules and regulations while trying to ensure on-time deliveries. Many use technology in the cabs of their truckers to monitor their HOS and stay in compliance. This technology automatically tracks driving and resting hours and makes sure you stay within guidelines. In Texas, truckers use FMCSA-registered Electronic Logging Devices (ELDs) to monitor their HOS.
A trucker needs to know what these standards are, both inside and outside the states they are traveling. When a driver violates these laws, it can result in fines, increased CSA scores, and out-of-service orders. All these consequences can damage the reputation of a trucking company and impact its bottom line.
Contact a Texas Truck Accident Attorneys Today
Because the Texas roadways are notoriously busy, they are also infamously dangerous. If you or a loved one were injured in a truck accident caused by another’s negligence, you will need legal representation to defend your rights and seek the compensation you need to recover. Managing the details of an insurance claim or personal injury lawsuit against a large trucking company can be overwhelming, especially if you are trying to heal.
The experienced Texas truck accident attorneys at the Mejia Law Firm are here to investigate every detail of your case, negotiate on your behalf, and work to ensure justice is served. We are not afraid to go up against the big companies and will fight for what you deserve to meet your financial, emotional, and physical recovery needs.
Contact us to arrange a free case review and learn more about how our skilled personal injury attorneys can handle your case today.