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Roth Davies, LLC

The hour-of-service (HOS) rules are used to keep CMV drivers fully alert on the roads. Therefore, they limit the length of time a driver can spend behind the wheel on a daily and weekly basis. In order to ensure the driver has not spent too much time on the road, he or she must keep a daily log. Different HOS rules apply to different vehicles, the cargo in the vehicles, and how those vehicles are being used. For example, a truck driver with hazardous materials driving interstate would have different HOS rules than a bus driver with passengers driving intrastate. The specific HOS rules as specified by the FMCSRs apply to drivers operating CMVs in interstate commerce, regardless of private or for hire operations. If HOS rules only apply to interstate commerce, what rules does an intrastate driver follow? A driver driving within one state for the entirety of the trip must follow that state’s HOS rules. Many states have either similar or identical rules to the federal standard. However, if at any time a driver has to cross state lines (even just once), he or she MUST be in full compliance with the federal HOS rules for the entirety of the trip and for the following week.

The FMSCA has outlined several exemptions for operations that are not required to follow the HOS rules. These include: (1) all school bus operations; (2) federal government or state or local government transportation; (3) occasional transportation of personal property when there is no compensation involved; (4) transportation of sick, injured, or deceased persons; (5) operation of fire trucks and rescue vehicles during an emergency; (6) operation of CMV carrying between 9 to 15 people not for direct compensation; (7) emergency drivers responding to a pipeline emergency or transporting winter heating fuel; (8) utility service vehicle drivers; (9) covered farm vehicle drivers; (10) certain railroad signal employees; and (11) certain drivers transporting agricultural commodities or farm supplies within a 150-air-mile radius

If you have a question about an accident or injury involving a semi-truck and how these regulations may be important as applied to the accident call Roth Davies, LLC Trial Lawyers for a free consultation.

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