Hours of service: how long a truck driver may drive, and why it matters after a crash

The rules in plain English

The rule is 49 CFR 395.3. For a driver of a property-carrying commercial vehicle:

• 10 hours off first. A driver needs 10 consecutive hours off duty before driving.
• 11 hours of driving. After those 10 hours off, the driver may drive at most 11 hours.
• The 14-hour window. The driver may not drive after the 14th hour on duty, counted from when the shift started.
• A 30-minute break. A break of at least 30 minutes is required after 8 hours of driving.
• 60 or 70 hours a week. A driver may not drive after 60 hours on duty in 7 days, or 70 hours in 8 days, depending on the carrier’s schedule. A 34-hour restart resets the count.

How the hours are recorded

Duty status is recorded with an electronic logging device (49 CFR 395.8(a)). The device records driving time automatically from the truck. The carrier must keep the records and supporting documents for at least 6 months (395.8(k)). Supporting documents include things like fuel receipts, toll records and bills of lading, which let anyone check the logs against the real trip.

The company’s duty

The rule is not only about the driver. A driver may not drive while too tired or ill to drive safely, and the carrier may not require or permit it (49 CFR 392.3). If dispatch set a delivery time that could only be met by breaking the hours rules, the carrier’s own decisions are part of the case.

Limit	What it means	Rule
10 hours off	Before a driver may drive	49 CFR 395.3
11 hours	Most driving after 10 off	49 CFR 395.3
14 hours	No driving after the 14th hour on duty	49 CFR 395.3
30 minutes	Break after 8 hours of driving	49 CFR 395.3
60 or 70 hours	In 7 or 8 days; 34-hour restart	49 CFR 395.3

What we look for after a crash

We read the log for the day of the crash and the days before it. We check it against fuel and toll receipts, delivery times and dispatch messages. A log that shows a 30-minute break at a place the truck never stopped is a question. A run that could not be made in the time logged is another.

A violation does not decide a case on its own. Under Texas law for commercial vehicle trials, evidence that a rule was broken comes into the first phase of trial only if it tends to show the breach caused the injury (CPRC 72.053). So we tie the hours to the crash: a drifting lane change, a late brake, a missed signal.

Texas trucks that stay in Texas

Texas adopts commercial vehicle safety rules consistent with the federal ones and may adopt them by reference (Transportation Code 644.051). For most trucks on Dallas roads, the same standards apply whether or not the truck ever leaves the state.

If a tired trucker hit you

Call early: the logs may be gone after six months. Our Dallas line is answered 24 hours a day, and the consultation is free. See how we run a case on our truck accident lawyer Dallas page. No Fees or Costs Unless We Win. The firm advances case costs, and you owe no attorney’s fee and no case costs unless money is recovered for you.