This is a question Louisiana motorists ask, worried as they are about having to share the road with
trucks that are sometimes involved in devastating crashes. As in all technical matters, though the question is straightforward, the answer is not. The freight haulage business needs to take many different situations into account. This is why the present Federal Motor Carriers Safety Administration (FMCSA)
hours-of-service (HOS) rules are complex, and their enforcement presents many challenges.
Do HOS rules apply only to interstate commerce? Yes and no. The federal (FMCSA) rules apply only to interstate transport, but the State of Louisiana has adopted those same rules to regulate intrastate commerce as well. Other states may have different rules for intrastate transport.
How would "waiting time" at a terminal or plant be considered? Waiting time can be considered off-duty, or duty/not driving, or sleeper berth time, depending on the circumstances:
- Off-duty: if the driver has no responsibility for the care and custody of the vehicle or cargo, and can pursue activities of his/her own choosing;
- Sleeper berth: if the driver is allowed to utilize a valid sleeper berth without being disturbed.
It is to be noted that this "sleeper berth" time will not count towards the obligation for a driver to be "ten consecutive hours off-duty" unless the waiting time is extended for an equivalent duration.
May a driver stay on duty for more than 14 consecutive hours? Yes, a truck driver may remain on duty for more than 14 hours, but cannot drive after the 14th hour. The additional on-duty time will be counted against the 60/70 hours limit in 7/8 consecutive days.
How is mealtime accounted for? Meals are considered off-duty time, and do not extend the 14 consecutive hour limit after which a driver is not allowed to drive. However, off-duty time does not count towards the 60/70 hour on-duty limit rule.
Truck drivers hours-of-service rule enforcement is critical to traffic safety in Louisiana. If you have been involved in a tractor trailer crash, contact the
Young Firm for a free evaluation of your case.
Category: Truck Accidents
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