Truck drivers must adhere to both federal and state regulations when transporting cargo. These regulations govern the amount of time that truckers are allowed to be on the road, the minimum times they must spend in the “sleeper berth,” and exceptions to the maximum limits. Unfortunately, drivers are also under extreme pressure to make deadlines. This can result in drivers exceeding their maximum driving times to beat the clock.
At Shollenberger Januzzi & Wolfe, LLP, obtaining the financial resources you need is our top priority. Unlike standard car accidents, commercial truck collisions require scouring more evidence to discern what occurred. If you have recently been involved in a collision with a commercial truck, our Harrisburg, PA, trucking accident lawyers would like to hear from you.
Hours of Service Regulations
Commercial vehicle operators must follow the federal HOS regulations, which are governed by the Federal Motor Carrier Safety Administration (FMCSA). The HOS regulations dictate how long a driver can be behind the wheel and require rest periods. These regulations are designed to prevent truck driver fatigue.
The driver can have one of four statuses at any given time:
- Driving
- On-duty: Driver is completing alternative tasks, but not operating the vehicle
- Off-duty
- Sleeper berth: Status reflects the time in which the truck driver spends in a designed compartment to rest or sleep
Property-carrying drivers are prohibited from driving more than 11 hours after being off-duty for 10 consecutive hours. In contrast, passenger-carrying drivers cannot drive more than 10 hours after being off-duty for eight consecutive hours. Additionally, drivers are limited to 60 hours on duty in seven consecutive days or 70 hours in eight consecutive days. Drivers must split their 10-hour off-duty hours with at least two consecutive hours, and seven consecutive hours spent in the sleeper berth. Additionally, commercial vehicle drivers are required to take a 30-minute break when driving eight continuous hours.
HOS regulations allow two major exceptions in which truck drivers can exceed maximum hour limits:
- Short-haul exception: Drivers are allowed to drive up to 14 hours when driving a shorter distance (150 air miles).
- Adverse driving conditions: Drivers are permitted to expand their driving window by two additional hours in the event of inclement weather.
Commercial drivers who are required to maintain records of duty status (which most are) will be required to use an electronic logging device (ELD). An ELD directly connects to a vehicle’s engine to record driving data. It will show when a truck’s engine is on, when the truck is in motion, and how many miles were driven in a given timeframe. An ELD allows more accurate recordkeeping in compliance with HOS regulations.
Pennsylvania Commercial Vehicle Code
Pennsylvania Code defines a commercial vehicle as any vehicle used to transport passengers or property that meets the following criteria:
- Having a gross weight of 26,001 or more pounds
- The vehicle is designed to transport 16 or more passengers
- The vehicle is a school bus
- It is transporting hazardous materials that require posting a placard
Commercial drivers operating a vehicle within the Commonwealth must adhere to Title 75, Chapter 16 of the Pennsylvania Consolidated Statutes. These laws stipulate which drivers must have a commercial vehicle license, implied consent laws for commercial drivers, and regulations on texting and driving (which is only permitted in emergency situations). These laws mirror the HOS regulations and other federal regulations, but at the state level. Violating any of the Commonwealth’s laws is just as serious as a federal violation.
Truck Accident Attorneys Know How to Handle Claims Adjusters
Although truck drivers are bound by federal and state rules and regulations, they are under immense pressure to hit checkpoints at certain intervals. When traffic or bad weather inhibits truck drivers from arriving on time, drivers may exceed their allotted hours or speed. Of course, a truck driver will never admit this, and the trucking company is inclined to hide this information from opposing counsel.
At Shollenberger Januzzi & Wolfe, LLP, we know the simplest way to acquire this information. If the trucking company’s insurer is downplaying the severity of the trucker’s actions, we will not stand for it. Our experience with truck accident cases allows us to know what your case is worth and the best approach to obtain compensation.
Harrisburg Trucking Accident Lawyers Offering Tenacious Counsel
Truckers are required to follow state and federal regulations. These laws dictate how long they can travel in a given day, resting periods, and allowances. If you have suffered harm due to a truck collision, our Harrisburg trucking accident attorneys can provide competent representation. To arrange your free consultation with one of our lawyers, contact Shollenberger Januzzi & Wolfe online or by phone at (717) 229-6580.