-
September 7, 2023
- Trucking Accidents
- By Cesar Ornelas
This is an important question, particularly in Texas, because we drive more miles than all but one other state. We have the biggest system of highways and freeways in the United States. One out of every 16 Texans is a truck driver, with a total of 185,000 truck drivers and 66,000 transportation companies statewide.
Sleepy, overworked truckers are a very real concern in the Lone Star State. So, how many hours can a truck driver legally be behind the wheel? These standards are set by “HOS” or hours of service regulations.
If a truck driver fell asleep or lost focus due to driving too long, they and the trucking company should be liable for your injuries and losses following a crash. Seek help from an El Paso truck accident lawyer right away.
Property-Carrying Drivers Who Leave Texas
In Texas, there are two sets of truck driver “hours of service” (time limits)—federal and state. When a Texas driver leaves our state and crosses the border into New Mexico, Oklahoma, Arkansas, or Louisiana (and beyond) and is only carrying cargo (no passengers), these are the rules:
- Rule #1 – A truck driver may drive up to 11 hours in a row if the driver has had 10 consecutive hours of rest.
- Rule #2 – A truck driver may drive up to 14 hours in a row if the driver has had 10 consecutive hours off-duty. More time off does not allow the 14-hour limit to be extended.
- Rule #3 – The mandatory 10-hour rest period may be split into sections. The smallest allowable rest period (“nap”) is two hours; otherwise, it’s considered a break (see rule #6). If the driver chooses to split up a required 10-hour rest period, the second half must be at least seven consecutive hours in the sleeper berth. Overall, time spent in the sleeper berth must add up to 10 hours.
- Rule #4 – In a seven-day period, a truck driver may not drive more than 60 hours, regardless of how it is broken down. Likewise, in an eight-day period, a truck driver may not drive more than 70 hours.
- Rule #5 – A trucker can only start a new seven or eight-day assignment if s/he has had a minimum of 34 hours off duty.
- Rule #6 – Truck drivers are required to take a half-hour break after driving for 8 hours straight. If the driver experienced half an hour of driving interruption during that time (road closure delay, waiting for a flat tire repair service to be dispatched), this interruption could be counted as a break. To be clear, being on duty but not actually driving is considered a break.
- Rule #7 – An 11-hour driving limit and a 14-hour driving window can be extended up to 120 minutes if bad weather slows down the driver.
Passenger-Carrying Drivers Who Leave Texas
The rules for truck drivers carrying cargo are more relaxed than the rules for drivers carrying people. Here are the standards for Texas drivers transporting passengers outside of our state borders:
- Rule #1 – A commercial driver may drive up to 10 hours in a row if the driver has had 8 consecutive hours of rest.
- Rule #2 – A commercial driver may drive up to 15 hours in a row if the driver has had 8 consecutive hours off-duty.
- Rule #3 – These drivers may also split up their required sleeping time into two sections as long as the smallest section is at least two hours and both segments add up to eight hours.
- Rule #4 – In a seven-day period, a commercial driver may not drive more than 60 hours, regardless of how it is broken down. Likewise, in an eight-day period, a commercial driver may not drive more than 70 hours. This is the same limitation cargo-carrying truck drivers have.
- Rule #5 – A ten-hour driving limit and a 15-hour on-duty limit can be extended up to 120 minutes if bad weather slows down the driver.
Texas Rules
For truck drivers not crossing the Texas border, the Federal Motor Carrier Safety Administration regulations above are not applicable. Federal rules always take precedence, meaning they get priority. So, for instance, if you drive from Amarillo to Salt Lake City, you can drive under Texas rules until you get to the border of Texas. From our border to Salt Lake City and back, you must comply with federal rules (not each state’s local rules). As soon as you cross back into Texas, you can resume following the rules for our state. This is generally beneficial to and preferred by most Texan truckers, as our state’s rules allow for faster travel.
In Texas, these are the rules governing truck drivers’ time limits:
- In one week, truckers can drive up to 70 hours.
- Truckers must “reset their driving cycle” with a full 34 back-to-back hours of rest.
- A truck driver can not start a new driving shift without at least eight hours of time off beforehand.
- Truckers can drive for up to 12 continuous hours.
The sleeper berth provisions in Texas are particular. Here, like with federal rules, a mandatory 8-hour sleeping period can be divided into two segments. A trucker could break the 8-hour block down as follows:
- 2 hours/6 hours
- 3 hours/5 hours
- 4 hours/4 hours
Two hours in the sleeper berth is the shortest time to legally count towards the required sleeping break. If the truck driver does break down the 8 hours of rest into two segments, the driver must officially be on “sleeper berth status. Both before and after a sleeping session, drive time must not surpass twelve hours.
Call Our El Paso Truck Accident Attorneys Now Today!
The Texas Department of Transportation found that there were 1.58 Texan deaths per hundred million miles driven, which is over 5% higher than the preceding year. Texas roadways are notoriously dangerous, unfortunately. If you need an El Paso truck accident lawyer, Cesar Ornelas Injury Law has handled dozens of cases like yours. Call our offices at 855-594-3878 or use our contact form today. Nosotros también hablamos español.
Originally from Kyle, Texas, Mr. Ornelas is a first-generation college graduate and a first-generation attorney.
Licensed in Texas, Cesar Ornelas’s nationwide practice is entirely contingency fee-based and consists of a wide variety of catastrophic personal injury and death cases. He has represented countless victims of catastrophic accidents across the United States.
