Who Is Responsible For Following The Hours-Of Service Rules?
According to the FMCSRs, it is a shared responsibility between the employer and driver to follow the HOS rules. Employers are responsible for instructing their drivers on all of the rules and it is the responsibility of the driver to follow the rules. According to the FMCSA, employers are liable for HOS rule violations if they: should have had the means by which to detect the violations or fail to have in place management systems that effectively prevent such violations. Following the HOS rules is taken very seriously. Therefore, violators face serious penalties. These penalties include: (1) state and local enforcement officials may issue tickets and fines; (2) the employer’s safety rating can be decreased; (3) federal criminal penalties can be brought against the employer; (4) the FMCSA may impose civil penalties against the driver or employer. These penalties can range from $1,000-$11,000 depending on the severity; (5) drivers can be placed out of service until they have amassed enough off-duty time; (6) and points can be charged against both the employer’s and driver’s scores in the Compliance, Safety, Accountability enforcement program.
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