How can hours-of-service violations affect a truck-accident claim? Federal hours-of-service rules limit how long many commercial drivers may drive and remain on duty. In a Florida truck accident case, electronic logs, dispatch records, fuel receipts, toll data, cellphone records, and other evidence may show whether driver fatigue or a scheduling violation contributed to the collision.
Reviewed for legal accuracy by Ryan C. Hasanbasic, Florida Bar No. 44119 | Updated August 20, 2026
Fowkes & Hasanbasic represents people injured in tractor-trailer and other commercial-vehicle crashes throughout Tampa Bay and Florida. We investigate both the driver’s conduct and the motor carrier’s safety practices, including whether the company monitored driving time, encouraged unrealistic delivery schedules, or ignored warning signs of fatigue.
Return to our Florida Truck Accident hub or review our broader Florida Personal Injury practice.
Contents
What Are Hours-of-Service Regulations?
“Hours of service,” commonly called HOS rules, govern the amount of time covered commercial drivers may drive, remain on duty, and rest. The Federal Motor Carrier Safety Administration administers the federal rules found primarily in 49 C.F.R. Part 395. Their safety purpose is to reduce fatigue-related risks and require records of a driver’s duty status.
Most drivers and carriers operating commercial motor vehicles in interstate commerce must comply, although exceptions and special rules may apply. Covered vehicles generally include certain vehicles weighing or rated at 10,001 pounds or more, vehicles transporting placarded hazardous materials, and vehicles designed or used to carry specified numbers of passengers.
Current Hours-of-Service Limits for Property-Carrying Drivers
Under the generally applicable federal rules for property-carrying commercial drivers:
- 11-hour driving limit: A driver may drive up to 11 hours after at least 10 consecutive hours off duty.
- 14-hour driving window: A driver generally may not drive beyond the 14th consecutive hour after coming on duty following 10 consecutive hours off duty. Ordinary off-duty periods do not stop or extend that window.
- 30-minute break: A driver must take a 30-consecutive-minute interruption after eight cumulative hours of driving without such an interruption. Qualifying non-driving time may satisfy the break.
- 60/70-hour limit: A driver generally may not drive after accumulating 60 hours on duty in seven consecutive days or 70 hours in eight consecutive days, depending on the carrier’s operating schedule.
- 34-hour restart: A qualifying period of at least 34 consecutive hours off duty may restart the seven- or eight-day calculation.
These are general rules, not a complete statement of every exception. Short-haul operations, adverse driving conditions, emergency declarations, agricultural transportation, and other circumstances may affect which provisions apply.
Sleeper-Berth Rules
A property-carrying driver using the sleeper-berth provision may split the required 10-hour off-duty period if one qualifying period is at least seven consecutive hours in the sleeper berth and the other is at least two consecutive hours off duty, whether inside or outside the berth. The two qualifying periods must total at least 10 hours. When properly paired, neither period counts against the 14-hour driving window.
Electronic records should be reviewed carefully rather than assuming that an apparent split complied with the regulation. The timing, duration, duty status, and pairing of the periods can matter.
Passenger-Carrying Driver Limits
Passenger-carrying commercial drivers generally operate under different limits. A covered driver ordinarily may drive no more than 10 hours following eight consecutive hours off duty and may not drive after being on duty for 15 hours following eight consecutive hours off duty. The 60/70-hour limits can also apply.
The applicable rule depends on whether the vehicle is property-carrying or passenger-carrying and whether an exception applies. This distinction matters in cases involving buses, shuttles, vans, and other passenger transportation.
Electronic Logging Devices and Other Fatigue Evidence
Many covered drivers must use an electronic logging device, or ELD, to record driving time and duty status. An ELD may be important, but it is not the only source of evidence. A fatigue investigation may also examine:
- Dispatch messages and delivery schedules
- GPS, telematics, and engine-control data
- Fuel, toll, lodging, and weigh-station records
- Bills of lading and pickup or delivery timestamps
- Cellphone records and communications
- Inspection reports and roadside-enforcement records
- Payroll, trip, and reimbursement records
- Driver qualification, training, and disciplinary files
- Witness testimony concerning sleep, conduct, and scheduling
Comparing independent records with the driver’s log may reveal missing entries, improper edits, personal-conveyance misuse, unexplained movement, or inconsistencies in the reported duty status.
How Motor-Carrier Practices Can Contribute to Fatigue
A driver’s violation may be only part of the story. A motor carrier may establish routes, deadlines, compensation practices, dispatch expectations, or disciplinary policies that influence driving behavior. Relevant questions may include whether the carrier:
- Assigned a route that could not reasonably be completed within lawful driving limits
- Ignored repeated hours-of-service violations or ELD alerts
- Pressured a driver to continue despite fatigue, illness, or inadequate rest
- Failed to audit or preserve electronic logs and supporting records
- Allowed falsification or improper editing of duty-status information
- Failed to account for on-duty work performed before or after driving
The driver’s total on-duty time can include more than time behind the wheel. Inspections, loading, unloading, fueling, paperwork, waiting while responsible for the vehicle, and other work may affect the analysis.
Does an Hours-of-Service Violation Prove the Case?
Not automatically. A violation can be important evidence, but the claimant must still establish the elements required by applicable law, including how the conduct relates to the collision and injuries. Likewise, the absence of a technical HOS violation does not necessarily eliminate fatigue as a contributing factor. A driver may be dangerously tired even while a log appears facially compliant.
The complete investigation should consider sleep history, medical issues, time of day, work performed outside the driving record, company pressure, driver statements, electronic data, and the mechanics of the collision.
Why Prompt Preservation Matters
Electronic and company-controlled records may be retained for different periods or overwritten in the ordinary course of business. A prompt preservation demand can identify relevant ELD data, dispatch communications, onboard video, vehicle information, personnel records, and other evidence that should not be altered or destroyed.
The truck, trailer, electronic systems, and damaged vehicles may also need inspection. Waiting can make it harder to determine whether fatigue, maintenance, cargo, or another safety failure contributed to the crash.
Hours-of-Service Questions
How many hours may a property-carrying truck driver drive?
A covered property-carrying driver generally may drive up to 11 hours after 10 consecutive hours off duty and must complete that driving within the applicable 14-hour window, subject to exceptions and special provisions.
Does a truck driver have to take a 30-minute break?
A covered property-carrying driver generally must take a 30-consecutive-minute interruption after eight cumulative hours of driving without such an interruption. The break may be satisfied by qualifying non-driving time.
Can a driver split the required sleeper-berth time?
Yes, if the requirements are satisfied. One qualifying period must generally include at least seven consecutive hours in the sleeper berth, the other must be at least two consecutive hours off duty, and the paired periods must total at least 10 hours.
Can a trucking company be responsible for encouraging excessive driving?
Potentially. The evidence may show whether company scheduling, dispatch practices, supervision, compensation, or failure to respond to known violations contributed to unsafe driving. Legal responsibility depends on the specific facts and applicable law.
Are the federal rules the same for every commercial driver?
No. Different provisions govern property-carrying and passenger-carrying drivers, and exceptions may apply to certain operations. The applicable rules should be determined from the vehicle, cargo, route, carrier, and driver’s activities.
Fowkes & Hasanbasic represents people injured in commercial truck crashes throughout Tampa Bay and Florida. We offer a free case review and generally handle personal injury matters on a contingency-fee basis under a written representation agreement.
Contact the firm, return to the Truck Accident hub, or review the main Personal Injury hub.
Federal regulations and agency programs can change. This page provides general information and is not a substitute for reviewing the rules and facts applicable to a particular collision.