The Federal Motor Carrier Safety Administration (FMCSA) imposes strict limits on how long truck drivers can work on the road. The primary goal is to reduce driver fatigue and, in turn, lower the risk of road accidents.
Trucking companies are responsible for enforcing these rules on their drivers and monitoring compliance. But if a driver chooses to ignore set driving limits, will you, as the employer, be liable as well?
The answer is not as straightforward as you may think. Here is some crucial information you need to know first.
What are the current FMSCA limits for property carriers?
A property-carrying truck driver may drive 11 hours maximum after ten continuous off-duty hours. This rule limits the actual time spent driving the vehicle.
Moreover, a driver may not drive beyond the 14th consecutive hour after starting their duty, following ten consecutive hours off duty. This 14-hour window includes all time working, whether driving or not.
As for breaks, a driver must take a 30-minute break if they have driven over eight total hours without at least a 30-minute interruption.
Why do some drivers ignore these limits?
While ignoring these limits is illegal and unsafe, there are several reasons why some drivers may be tempted to do so:
- Financial pressure from themselves or the employer
- Unexpected delays that cause them to fall behind schedule
- Difficulty finding safe, legal parking spots to rest
- Desire to get home as soon as possible
Even if you do not put unreasonable expectations on your drivers, they may still drive beyond the FMSCA limits for personal reasons or financial motivations.
Can a trucking company be liable for a driver’s actions?
Generally, yes. Trucking companies are legally responsible for knowing about and preventing these violations. According to the FMSCA, a company is liable if it had or should have had ways to detect the violations.
In other words, you may be vicariously responsible if your truck driver disobeys driving limits and causes an accident. However, exceptions may apply if the driver acts outside the scope of their employment.
Moreover, it may be possible to avoid liability if the driver’s actions are wholly egregious. For example, suppose a driver disabled their tracking system and drove for 36 hours straight. In that case, you may not be responsible, given that they disabled your method of monitoring their hours.
If you are facing such issues, consider consulting a trucking defense lawyer who can help you understand your legal options. They can help protect your interests and figure out the best way to resolve your specific issue.