Hours of Service (HOS) Rules for Truck Drivers in Florida

A truck driver who drifts across a lane, fails to stop for traffic, or loses control after a long day on the road may leave an injured person wondering whether fatigue contributed to the crash. Answering that question often starts with determining how long the driver had been working and which hours of service rules for truck drivers applied to that particular trip.

Federal regulations limit the driving and working hours of many commercial drivers, but the same limits do not apply to every commercial vehicle. The Federal Motor Carrier Safety Administration (FMCSA) establishes different HOS rules for property-carrying and passenger-carrying drivers. Florida also has different limits for certain commercial drivers who operate entirely within the state.

For someone seriously injured in a Florida truck accident, those distinctions matter. A driver’s electronic logs, dispatch records, delivery schedule, and other records may help establish whether fatigue contributed to the collision and whether the trucking company allowed unsafe practices to continue.

Contact an experienced Florida commercial truck accident lawyer at (561) 347-7770 or by sending an online message today.

Key Points

  • Property-carrying truck drivers may drive up to 11 hours after 10 consecutive hours off duty, within a 14-hour window that includes non-driving tasks like inspections or handling cargo. They’re also generally limited to 60 hours on duty in seven consecutive days or 70 hours in eight consecutive days, depending on the carrier’s schedule.
  • Florida intrastate drivers who operate solely within the state and don’t transport placarded hazardous materials follow different limits under Florida Statute § 316.302. They may generally drive up to 12 hours after 10 hours off duty, and may not drive after the 16th hour after coming on duty. This differs from the federal rules that apply to interstate drivers.
  • An HOS violation alone doesn’t resolve a claim. The investigation should also examine why the driver continued despite approaching legal limits and whether the trucking company’s scheduling or supervision practices contributed to keeping a fatigued driver on the road.

How Long Can Property-Carrying Truck Drivers Drive?

Most interstate freight and tractor-trailer drivers subject to federal HOS regulations may drive for a maximum of 11 hours after 10 consecutive hours off duty. Those 11 driving hours must generally fit within a 14-hour driving window after the driver comes on duty.

The 14-hour rule for truck drivers is different from the 11-hour driving limit. 

The 14-hour period includes time spent performing other work, such as:

  • Inspecting the truck,
  • Handling cargo, or
  • Completing other on-duty tasks.

For example, if a property-carrying driver reports for duty at 6 a.m. and spends two hours loading and inspecting a tractor-trailer before leaving, those two hours count toward the 14-hour window even though the truck has not traveled anywhere.

Federal rules also generally limit property-carrying drivers to 60 hours on duty in seven consecutive days or 70 hours in eight consecutive days, depending on the carrier’s operating schedule. A driver may restart that period after taking at least 34 consecutive hours off duty.

What Is the DOT 30-Minute Break Rule?

Property-carrying drivers generally must take a 30-minute break after accumulating eight hours of driving without at least a 30-minute interruption.

The DOT 30-minute break rule does not necessarily require the driver to be completely off duty for 30 minutes. Qualifying non-driving periods can satisfy the requirement.

After a serious Florida truck accident, electronic logging device (ELD) data can help establish when the driver drove, stopped, and took required breaks. Dispatch messages, fuel receipts, toll records, and delivery documents may provide additional information when questions arise about the accuracy of those logs.

A missed break is not automatic proof that fatigue caused a collision. The more important question is whether excessive driving or working hours impaired the driver and contributed to the crash.

What Is the 150 Air-Mile Short-Haul Exemption?

Some commercial drivers qualify for the federal short-haul exemption, which can relieve them from certain record-of-duty-status requirements.

To qualify, a driver generally must remain within a 150 air-mile radius of the normal work reporting location and return to that location within the required duty period, along with satisfying the exemption’s other conditions.

The 150 air-mile exemption does not grant local drivers unlimited hours behind the wheel. It primarily changes certain recordkeeping requirements when the driver and carrier meet the applicable conditions.

That distinction can matter after a Florida crash involving a local commercial vehicle. A carrier cannot establish that the driver complied with HOS requirements merely by describing the route as “short haul.” The actual operation must qualify for the exemption.

Are Hours of Service Rules Different for Passenger-Carrying Drivers?

Yes. FMCSA applies different limits to passenger-carrying commercial drivers. Under the general federal rules, passenger-carrying drivers may drive for up to 10 hours after eight consecutive hours off duty. They generally may not drive after accumulating 15 hours on duty following eight consecutive hours off duty.

These rules may apply to certain buses and motorcoaches, but not to freight- and property-carrying trucks. The distinction illustrates why an HOS investigation should begin by identifying the vehicle and commercial operation involved. A driver cannot be evaluated under the 11-hour and 14-hour property-carrying rules if a different set of regulations governed the trip.

Do Florida Intrastate Truck Drivers Follow Different HOS Rules?

Some do. Florida Statute § 316.302 modifies the federal framework for certain commercial drivers who operate solely within Florida and do not transport placarded hazardous materials.

Qualifying intrastate drivers generally may drive up to 12 hours after 10 consecutive hours off duty and may not drive after the 16th hour after coming on duty. Florida also provides different weekly on-duty limits for these drivers.

This means a truck driver traveling entirely within Florida may operate under different limits from an interstate tractor-trailer driver traveling south on I-95 from another state.

Before concluding that a driver violated the 11-hour rule, 14-hour rule, or another federal HOS requirement, an investigation must first determine whether the trip involved interstate or intrastate commerce and which regulations actually applied.

How Can an HOS Violation Affect a Florida Truck Accident Claim?

An HOS violation can provide important evidence in a fatigue-related truck accident case, but the investigation should not end after calculating the driver’s hours.

Consider a tractor-trailer driver approaching South Florida after a long interstate trip. ELD data may show that the driver exceeded federal DOT driving hours before rear-ending stopped traffic on I-95. Dispatch records could then show that the carrier knew the driver was approaching the legal limit but continued pushing for an on-time delivery.

Those records raise two separate questions: Why did the driver continue driving, and what role did the trucking company play in keeping that driver on the road?

That distinction matters because serious commercial truck crashes can result from more than one unsafe decision. Driver fatigue, carrier scheduling practices, inadequate supervision, and repeated HOS violations can combine to create the conditions for a catastrophic collision.

Frequently Asked Questions About Hours of Service Rules for Truck Drivers

How Long Can Truck Drivers Drive in Florida?

It depends on the type of commercial operation. Many interstate property-carrying drivers follow the federal 11-hour driving and 14-hour duty-window rules. Certain qualifying Florida intrastate drivers operate under different limits, including a 12-hour driving limit and a 16-hour duty window.

Do Passenger-Carrying Drivers Follow the 14-Hour Rule?

No. Federal passenger-carrying drivers generally follow different limits, including a maximum of 10 driving hours after eight consecutive hours off duty and restrictions on driving after 15 hours on duty.

Does the Short-Haul Exemption Eliminate HOS Limits?

No. The short-haul exception changes certain recordkeeping requirements for qualifying operations. It does not eliminate the applicable limits on how long a commercial driver can work or drive.

How Can I Find Out If the Truck Driver Who Hit Me Was Over Hours?

ELD records can provide important information about a driver’s driving and duty time. Dispatch communications, GPS data, toll and fuel records, delivery documents, and other company records may help verify those logs and reconstruct the driver’s trip.

Find Out Whether Driver Fatigue Contributed to Your Florida Truck Accident

After a serious truck crash, you may know that the driver failed to stop, drifted from a lane, or lost control without knowing why. The answer may lie in hours of electronic logs and company records that show how long the driver had been working and what the carrier expected that driver to do.

Attorney Gregg Hollander has represented individuals and families in complex injury and wrongful death cases for more than three decades. If you were seriously injured by a commercial truck in Florida, Hollander Law Firm can determine which HOS rules applied, examine the records surrounding the driver’s trip, and help you understand whether fatigue or company safety practices contributed to the crash.

Get started with a free consultation by calling (561) 347-7770 or sending an online message today.

Legal References Used to Inform This Page

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