What are hours-of-service limits?

FMCSA limits property-carrying drivers to 11 hours of driving in a 14-hour on-duty window, after 10 consecutive hours off duty. The 60/70-hour weekly limit caps driving over 7 or 8 consecutive days. Violations are documented by ELDs and are admissible evidence of negligence per se in many states.

How does the ELD mandate affect cases?

Since 2017, most commercial motor vehicles must use electronic logging devices that automatically record driving time. ELD data is the single most-decisive evidence in fatigue cases: it shows actual driving hours, on-duty time, and any falsifications. Data must be preserved by the carrier for 6 months under 49 C.F.R. § 395.22.

What is a DOT medical certification?

Commercial drivers must hold a valid DOT medical certificate confirming they meet FMCSA physical qualifications (49 C.F.R. § 391.41). Drivers with disqualifying conditions (uncontrolled diabetes, seizure disorders, severe sleep apnea) who continue driving expose the carrier to negligent-retention liability.

Guide

Federal trucking regulations that decide truck cases.

A truck case runs on federal regulations. Knowing which rule was violated, what evidence proves it, and how long that evidence is retained is what separates a $250k settlement from a $5M one.

Hours of service (49 C.F.R. Part 395)

11-hour driving limit: after 10 consecutive hours off duty.
14-hour on-duty limit: the driving window cannot extend past 14 hours after coming on duty.
30-minute break: required after 8 cumulative hours of driving.
60/70 hour limit: over 7 or 8 consecutive days.

Violations are documented by the ELD. Many states treat HOS violations as negligence per se when the violation contributed to the crash.

Electronic logging devices

Since the December 2017 mandate, most commercial trucks must use ELDs. The device records driving time, on-duty time, vehicle motion, and engine hours automatically. Carriers must retain ELD data for 6 months (49 C.F.R. § 395.22). A preservation-of-evidence letter must go out immediately — past the 6-month window, the data is overwritten and unrecoverable.

Driver qualifications and medical (Part 391)

Commercial drivers must hold a CDL, a valid DOT medical certificate, and meet specific physical qualifications. Carriers must verify employment history for the prior 3 years, conduct road tests, and maintain a driver qualification file. Hiring a driver with a disqualifying medical condition or driving record exposes the carrier to negligent-hiring and negligent-retention liability.

Drug and alcohol testing (Part 382)

Required testing windows: pre-employment, random, reasonable suspicion, post-accident (within 8 hours for alcohol, 32 hours for controlled substances), return to duty, and follow-up. A carrier's failure to comply with post-accident testing rules is highly probative and frequently a separate punitive-damages theory.

Vehicle maintenance (Parts 393 and 396)

Carriers must systematically inspect, repair, and maintain all vehicles. Drivers must complete a DVIR at the end of each driving day documenting defects. Maintenance records and DVIRs are subpoena targets for any equipment-failure case.

Why federal rules matter in state court

Most state courts admit federal regulatory violations as evidence of negligence; many treat them as negligence per se. The regulations also frame the standard of care for the motor carrier in punitive-damages analysis — willful disregard of federal safety rules is the most common punitive theory in truck litigation.

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Frequently asked questions

Sources

[1]Federal Motor Carrier Safety Regulations, 49 C.F.R. Parts 350–399 — U.S. Code of Federal Regulations
[2]Hours of Service of Drivers Final Rule — U.S. Federal Motor Carrier Safety Administration
[3]Electronic Logging Devices, 49 C.F.R. Part 395 Subpart B — U.S. Code of Federal Regulations