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Understanding the New Truck Driver Hours of Service Rules

Published on Mar 26, 2013 at 4:19 pm in Trucking Accident.

Kentucky Trucker Hours of Service Hours of Service (HOS) rules are some of the most important safety rules that truck drivers face and are a focus for many experienced Kentucky truck accident lawyers.  These rules limit the amount of time a driver can spend behind the wheel and the amount of time a driver can spend “on duty,” whether or not he or she is actually driving.  The purpose of these limits is to ensure that drivers get sufficient rest and sleep, thus decreasing the risk of fatigue-related truck crashes.

Currently, a controversial set of new HOS requirements is scheduled to take effect July 1, 2013, although whether the rules will start on that date and what they will require is still being discussed in court.  If the planned rule is implemented in its current form, it will impose new requirements on truck drivers, including:

  • Limits on the “restart” period. Currently, drivers are limited to a total of 60 or 70 “on-duty” hours in a week. A “week” can be restarted by taking at least 34 consecutive hours off-duty.  The new rule limits the use of the 34-hour restart to only once every 7 days and requires that the 34 hours cover at least two periods between 1 am and 5 am.
  • 30-minute break requirement. Every 8 consecutive hours on duty, a driver must take at least a 30-minute break.  The driver may still be in the truck during this time – for instance, if he or she is “team driving” with another driver – but the driver may not be the one operating the truck.
  • Enhanced penalties. Trucking companies that allow drivers to break the new rules could face up to $11,000 in fines, and drivers could face up to $2,750 in fines.  Trucking companies and drivers that break the rules could also face increased liability in court if their rule-breaking results in a crash.

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Tad Thomas

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Tad Thomas has dedicated his practice to representing plaintiffs in various types of civil litigation, including personal injury, business litigation, class actions, and multi-district litigation.

After graduating with his law degree in 2000 from Salmon P. Chase College of Law at Northern Kentucky University, Mr. Thomas immediately opened his own private practice and began representing injury victims.

In 2011, Thomas Law Offices was established in Louisville, Kentucky. Over the past decade, Mr. Thomas has expanded his firm and now has offices in three additional locations: Cincinnati, Ohio, Columbia, Missouri, and Chicago, Illinois. He is also a frequent lecturer on topics like trial skills and ethics and technology.

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