Both federal and West Virginia’s governments have established regulations governing the hours that commercial truck drivers can work. These rules, known as Hours of Service (HOS) regulations, are designed to prevent driver fatigue, reduce accidents, and ensure the safe operation of commercial vehicles.
Federal Hours of Service Regulations
West Virginia follows the federal Hours of Service regulations established by the Federal Motor Carrier Safety Administration (FMCSA). These regulations apply to all commercial truck drivers who operate vehicles that meet certain criteria, such as those weighing over 10,000 pounds or transporting hazardous materials. Here are the components:
11-Hour Driving Limit
Truck drivers may drive for a maximum of 11 hours after 10 consecutive hours off duty. This rule ensures that drivers have adequate rest before starting a new shift and limits the amount of time they can be behind the wheel in a single day.
14-Hour Workday Limit
Drivers are allowed to be on duty for a maximum of 14 consecutive hours, which includes driving time and other work-related activities, such as loading or unloading cargo. After the 14-hour window, the driver must take 10 hours off duty before resuming work. Importantly, this 14-hour limit is not extended by breaks or non-driving work activities.
30-Minute Break Rule
After 8 hours of driving time, a truck driver must take at least a 30-minute break. This break can be off duty, in the sleeper berth, or on duty but not driving.
60/70-Hour Weekly Limit
Drivers must adhere to weekly limits, depending on whether their employer operates on a 7-day or 8-day schedule. Drivers cannot exceed 60 hours on duty in a 7-day period or 70 hours in an 8-day period. Once these limits are reached, drivers must take at least 34 consecutive hours off duty, known as the “34-hour restart.”
Sleeper Berth Provision
Truckers using a sleeper berth in their vehicles must take at least 8 consecutive hours in the berth, along with an additional 2 hours either off duty or in the sleeper berth, before resuming their driving duties.
Specific Considerations for West Virginia Truck Drivers
While West Virginia follows the federal guidelines for Hours of Service, the state’s terrain and weather conditions present additional challenges for truck drivers. Mountainous roads, winding highways, and winter weather make driving even more demanding and heighten the risk of fatigue-related accidents. The state enforces HOS regulations through inspections and roadside checks, ensuring that drivers and trucking companies comply with federal standards.
How HOS Violations Impact Accident Liability
In West Virginia, Hours of Service (HOS) violations can have serious legal implications, especially when they contribute to trucking accidents. If a truck driver violates federal HOS regulations, such as driving beyond allowed limits or failing to take mandatory rest breaks, and causes an accident, the driver and their employer can be held liable for the victim’s injuries and damages.
Trucking companies can be held accountable because they are responsible for ensuring their drivers comply with safety regulations. HOS violations are often revealed through driver logs, GPS data, or electronic logging devices (ELDs), which can serve as critical evidence.