Missouri serves as a primary hub for transportation, hosting as many trucks as possible daily on its highways. Truck drivers are vital to the distribution of goods. Long hours of work put truck drivers in a dangerous situation, marked with serious accidents. In most cases, 13% of the commercial truck drivers are fatigued when involved in serious accidents. This is one reason for the establishment of Hour of Service regulations by the Federal Motor Carrier Safety Administration (FMCSA) to avoid the repetition of such an incident.
Knowledge and compliance with them will definitely help reduce the incidence of Truck Accident Cases in Missouri. Read on to learn more about this.
What Are Hours of Service (HOS) Regulations in Missouri?
The Federal Motor Carrier Safety Administration created the Hours of Service regulation guidelines. They are intended to regulate the operating hours of drivers of commercial motor vehicles. They aim to avoid accidents that occur due to driver fatigue and to make them get proper rest.
HOS rules govern different CMV drivers, such as truck drivers and commercial bus drivers. The primary goals of such HOS rules are listed below.
- Limit Driving Hours
Limit how many hours a driver can drive a CMV to reduce fatigue risks.
- Mandate Rest Breaks
To make sure that drivers regain alertness and safety, breaks need to be offered intermittently during their shifts.
- Regulate Weekly Driving Limits
Set maximum driving hours over a week to prevent cumulative fatigue.
Key Federal HOS Regulations Applicable in Missouri
Driving Limits
- 11-Hour Driving Limit
Drivers can drive a CMV for up to 11 hours after taking 10 consecutive hours off.
- 14-Hour Limit
Drivers must not work more than 14 consecutive hours after a 10-hour break. Off-duty time does not extend this limit.
Rest Breaks
- 30-Minute Break
Drivers need to take a 30-minute break following 8 cumulative hours of driving without a minimum 30-minute break. The break may be met with any period of 30 consecutive minutes not driving.
Exemptions and Special Circumstances in Missouri
Missouri generally aligns with federal Hours of Service regulations. However, there are specific provisions and exemptions:
- Short-Haul Exception
Some drivers can be exempted from certain HOS regulations (provided they are not on continuing-duty status) while operating within a 150 air-mile radius of their normal work-report location and within a 14-hour duty period.
- Agricultural Exemption
Farm-to-market transportation becomes free from certain Hours of Service regulations within a 150 air-mile radius of the source from planting to harvesting, as long as the driving time does not exceed 16 hours.
- Emergency Conditions
Missouri may provide exemptions under HOS regulations during declared emergencies, including natural disasters, in order to provide the goods at the right time.
Penalties for Violating HOS Rules in Missouri
Driver Penalties
- Out-of-Service Orders
Drivers who break HOS rules during an inspection may be suspended until they get enough off-duty time.
- Fines
State and local enforcement officials in Missouri can issue fines for HOS violations. The fine amount is dependent on the nature and extent of the violation.
Carrier Penalties
- Safety Rating Downgrades
Repeated HOS violations can downgrade a carrier’s safety rating. It will harm the company’s reputation and disrupt operations.
- Increased Scrutiny
Carriers with frequent HOS violations may face more inspections and audits. It will cause operational delays.
- Federal Criminal Penalties
Employers who knowingly and willfully allow HOS violations can be liable for federal criminal penalties, such as substantial fines and potential imprisonment.
It is advisable that carriers and drivers maintain good records of duty status and obey rules of HOS to avoid paying these fines and maintain road safety.
How Contributory Negligence Laws Affect Truck Accident Cases in Missouri
Contributory negligence is sometimes hard in truck accident Missouri cases. Where two drivers cause an accident and both are partly responsible, the law in Missouri assesses how much responsibility to assign to each one.
For example, if a truck hits another car because of a driver who has been driving for too many hours, but the other driver is traveling too quickly, the court will decide both party’s fault. They look at each person’s contribution to the accident.
Here is how it works:
If one driver is determined to be 40% at fault and the truck driver to be 60%, then the amount of damage awarded could be lowered based on the fault percentage. So, if the initial amount of damage is $100,000, only $60,000 would be awarded due to the fault contribution. This system indicates how every little thing and every move counts in Truck Accident Cases in Missouri.
Summing up
Missouri’s Hours of Service laws are critical for maintaining road safety. It also ensures that the truck drivers receive appropriate rest. These regulations can help truck drivers avoid issues in Truck Accident Cases in Missouri. But accidents can occur anytime. So, if you are involved in any commercial truck accident, contact the Missouri truck accident attorney immediately. They can walk through the process and ensure proper compensation.
FAQs
- Can truck drivers divide their sleep by using the sleeper berth rule?
Of course, yes! Truckers can divide their rest under the sleeper berth rule. On long journeys, they can split two breaks by resting in their truck’s sleeper berth.
- How does the 34-hour restart provision function?
The 34-hour restart resets weekly driving hours by pulling 34 consecutive hours off-duty, including two during the night time periods between 1 a.m. and 5 a.m. A driver can take one restart a week.
- Do hours of service regulations in Missouri differ for intrastate operations from interstate operations?
Missouri hours-of-service regulations match relatively closely with federal HOS provisions for interstate operations. However, different requirements exist for intrastate operations. This includes differences in the age requirements for getting a commercial driver’s license.
- How do the Hours of Service get recorded?
Hours of Service are recorded using Electronic Logging Devices (ELD) installed in most commercial vehicles. ELD continuously monitors and records driving hours and break time.
