The Law Firm of David C. Chavez, LLC
Call Today for a Free Consultation

Who's subject to hours of service regulations?

When truck accidents occur, perhaps one of the first things law enforcement will ask as part of their investigation into what occurred is to review the driver's logbook. This is especially the case in more serious types of incidents where another motorist may suffer either serious injuries or die.

In reviewing this log, it has the potential of shedding light on whether a trucker may have been fatigued at the time he or she was involved in the crash.

If a trucker's logbook is reviewed, law enforcement is likely looking to see if he or she complied with existing Hours of Service (HOS) regulations. According to the Federal Motor Carrier Safety Administration (FMCSA), these rules apply to select commercial motor vehicle (CMV) drivers who use the vehicle in the course of their employment to conduct interstate commerce.

Any CMV weighing at least 10,001 pounds, whether it's actually weighing that amount or is rated to carry it, must comply with HOS regulations. If a CMV carries at least nine passengers to include a driver for compensation or 16 for no pay, then either one is also subject to existing HOS regulations.

A driver operating a CMV carrying enough of a hazardous material that it requires the placement of placards on the vehicle also has to maintain HOS records.

HOS rules went into full effect on July 1, 2013. They were implemented in an effort to curb rates of truck crashes caused by driver drowsiness. The FMCSA notes that, contrary to popular belief, their studies showed that CMV operators were often ill-equipped to recognize their own drowsiness.

Under HOS laws, it restricts the time frames that truckers can operate their vehicles, how often breaks must be taken and how many hours and days the carrier can allow them to be on the road without mandatory down time at home. Despite these regulations being in existence, there are still many who attempt to violate them in hopes that they'll never be caught.

If you've been struck and injured by a suspected drowsy trucker, then a Los Lunas attorney can advise you how to go about gaining access to his or her logbook to see if Hours of Service regulations may have been violated.

Source: Federal Motor Carrier Safety Administration, "Hours of service," accessed April 06, 2018

No Comments

Leave a comment
Comment Information

National Trial Awards & Achievements

  • The National Top 100 Trial Lawyers Trial Lawyers
  • Nations Naopia Top Ten Attorney Personal Injury
  • Avvo Rating 8.9 Excellent Top Rated Personal Injury
  • America's Top 100 Life Time Achievement Top 100 Attorneys
  • Trucking Trial Lawyers Association
  • Nursing Home Trial Lawyers Association
  • Mass Tort Trial Lawyers Association
| Email Us For A Response

Contact The Firm

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

Getting You Back on the Road to Recovery

The Law Firm of David C. Chavez, LLC
651 Highway 314 SW
P.O. Box 1615
Los Lunas, NM 87031

Phone: 505-916-8217
Phone: 505-865-9696
Fax: 505-865-4820
Map & Directions