Large trucks can do serious damage in the event of a collision, which is why their drivers need to remain alert, focused, and attentive behind the wheel. With that in mind, both the federal and Florida state governments have passed laws to limit how long a trucker can drive without going on break, with the goal of reducing fatigue-related accidents. Which set of regulations applies to a particular driver depends on whether the carrier they work for operates across state lines or strictly within state borders.
How Many Hours Can a Truck Driver Drive in Florida?
So, how many hours can a truck driver drive while in the state of Florida? The answer depends on whether the motor carrier the trucker works for operates strictly within state borders (what’s called “intrastate” operation) or crosses state lines (“interstate” operation). Florida’s state-specific hours-of-service rules apply to intrastate operations, while federal regulations apply if the carrier operates in multiple states. It’s important to note that the carrier’s operations rather than the driver’s determine which set of rules apply. Commercial truck drivers who drive only within Florida’s borders are probably subject to federal rather than state hours-of-service rules if their employer sends freight across state lines or has branches in other jurisdictions.
Florida's Intrastate Hours of Service Rules
Florida has its own rules about how long a truck driver can drive their vehicle when they’re operating strictly within the state.
Florida Statute § 316.302 establishes Florida's hours of service rules. This Florida law states the following:
- A driver may drive for up to 12 hours following 10 consecutive hours off duty.
- A driver cannot drive past the 16th hour after 10 consecutive hours off duty.
- A driver cannot drive more than 70 hours within a seven-day window or 80 hours within an eight-day window, depending on whether the carrier operates six or seven days per week.
- The 70/80-hour window resets after 34 consecutive hours off-duty.
- A driver does not have to keep a logbook if they stay within a 150-mile air radius of their home base and do not transport hazardous materials.
FMCSA Hours of Service Regulations
Interstate trucking operations are regulated by the Federal Motor Carrier Safety Administration, or FMCSA. FMCSA hours-of-service rules are as follows for property-carrying drivers:
- A driver may drive up to 11 hours following 10 consecutive hours off duty.
- A driver cannot drive past the 14th hour following 10 consecutive hours off duty.
- A driver may extend the 11-hour limit by up to two hours if they have encountered adverse driving conditions.
- A driver must take a 30-minute break when eight cumulative hours have elapsed since their last break of at least 30 minutes.
- A driver cannot drive more than 60 hours in a seven-day window or 70 hours within an eight-day window, depending on whether the carrier operates six or seven days per week.
- The 60/70-hour window resets after 34 consecutive hours off-duty.
- A driver is exempt from these rules if they operate within a 150-mile air radius of their home base and do not exceed 14 hours on-duty.
These rules apply to trucks that weigh at least 10,001 pounds, have a gross vehicle rating of at least 10,001 pounds, or transport hazardous materials needing a placard.
What Happens if a Truck Driver Violates HOS Rules?
If a driver is found out for failing to comply with hours-of-service rules, they can be put out of service until they return to compliance. These FMCSA violations can lead to thousands of dollars in direct and indirect costs for both the driver and the carrier in fines and lost worker hours.
Legal and Financial Consequences for Violating Hours of Service Rules
A driver may also face fines for an “egregious” violation of more than three hours above their driving limit, with the exact fine determined by the FMCSA after review of the situation. Furthermore, truck driver logbook rules hold that failing to maintain an accurate account of driving hours can result in a fine of $1,584 per day and a total of $15,846.
Truck drivers and trucking companies can also face liability in the event of an accident caused by truck driver hours of service regulations. Liability means they would have to pay for the harm other people suffer because of the accident, including their:
- Past and future medical care
- Lost income and diminished earning potential
- Property damage, including the repair or replacement of their vehicle
- Pain and suffering
- Emotional distress
- Reduced quality of life
How Our Law Firm Helps People Harmed by Tired Truckers
At Holliday Karatinos Law Firm, we take hours of service rules for truck drivers seriously, and when violations lead to severe injuries, we’re proud to help victims take legal action. If you suffered injuries in an accident caused by a dangerously fatigued truck driver, contact us immediately. We’ll start by launching a rapid and thorough investigation of the accident to recover critical evidence of hours-of-service violations, including:
- The driver’s logbook, which the driver must keep to prove that they’re adhering to hours-of-service rules
- The truck’s electronic logging device (ELD), which synchronizes with the engine to more accurately track the vehicle’s operation
- GPS and other telemetrics data that show what the truck was doing at given points
- Fuel records and toll receipts that establish a timeline of the truck’s progress
- Internal communications and dispatch that might suggest
Once we have this information, we can identify all parties responsible and can start calculating the personal and financial losses you’ve suffered because of the accident so that we know what fair compensation entails. Next, we’ll negotiate with the truck driver, the carrier, or their insurance providers for a settlement to resolve your truck accident claim without the need for trial. However, if they will not make a reasonable offer, we won’t hesitate to take your case to court. What’s more, we’ll do all this for you at no upfront cost. If you don’t get paid, then neither do we.
Ready for your free consultation? Then reach out to Holliday Karatinos Law Firm today, and let us make your recovery our personal commitment.
James Wayne Holliday
James Wayne Holliday has been practicing law since 1995. He has been named as a “Best Attorney” Lifetime Charter Member in Florida, an honor awarded to less than one percent of the nation’s lawyers.
Mr. Holliday has earned a reputation as a relentless trial lawyer because of his outstanding work ethic and thorough preparation of his cases for trial.
Author's Bio
