Truck Driver Fatigue: The 11-Hour Limit, the 14-Hour Window and the 60/70-Hour Week

Quick answer: Driver fatigue is one of the first things to check after a serious truck crash in North Carolina. Under 49 CFR 395.3, a truck driver needs 10 consecutive hours off before driving, may drive no more than 11 hours, may not drive after the 14th hour on duty, and must take a 30-minute break after 8 hours of driving. Weekly caps of 60 hours in 7 days or 70 hours in 8 days also apply. The driver’s records of duty status, and the documents behind them, show whether those limits were broken.

The rules exist for a reason. A tired driver reacts late, and a loaded tractor-trailer needs far more room to stop than a car. Here is how the limits work and how the records can prove what happened.

What are the hours-of-service rules for truck drivers?

They are federal limits on how long a commercial truck driver may work and drive, in 49 CFR Part 395. For trucks carrying property, section 395.3 sets a 10-hour off-duty minimum, an 11-hour driving limit, a 14-hour window, a 30-minute break rule and 60- or 70-hour weekly caps.

The federal safety rules apply to commercial vehicles moving property or passengers in interstate commerce. A truck that stays inside North Carolina can fall under different rules, so what the truck was doing that day is one of the first questions. Section 395.1 also lists exceptions.

How does the 14-hour window work?

The clock starts when the driver comes on duty after 10 consecutive hours off. Once 14 consecutive hours have passed, the driver may not drive again until taking another 10 hours off. Inside that window the driver may drive up to 11 hours in total, and both limits apply at the same time.

A long wait at a dock can use up the window, and a driver with a delivery time to make may feel pressure to keep going.

Is a truck driver required to take a break?

Yes. Driving is not permitted once more than 8 hours of driving time have passed without at least a consecutive 30-minute interruption. The break can be off duty, in the sleeper berth, or on duty but not driving. Drivers who qualify for the short-haul exceptions in section 395.1(e) are excused from this rule.

A log showing 8 straight hours behind the wheel before a crash deserves a close look.

What are the 60- and 70-hour weekly limits?

They cap time on duty, not just time driving. A driver may not drive after 60 hours on duty in 7 consecutive days if the carrier does not run trucks every day of the week, or after 70 hours in 8 consecutive days if it does. An off-duty period of 34 or more consecutive hours restarts the count.

Rule	Limit under 49 CFR 395.3	What to look for after a crash
Off duty before driving	10 consecutive hours	A short rest before the shift that ended in the crash
Driving limit	11 hours	Total driving time that day
On-duty window	No driving after 14 consecutive hours on duty	Long waits at docks or warehouses before the crash
Break	30 minutes after 8 hours of driving	No break in the hours before the crash
Weekly cap	60 hours in 7 days or 70 hours in 8 days	Day after day of work with no 34-hour restart

Who is responsible when a fatigued driver causes a crash?

The driver, and often the trucking company too. Section 395.3 says no motor carrier shall “permit or require” a driver to drive beyond the limits. Section 392.3 goes further: no driver may operate while alertness is so impaired through fatigue that it is unsafe, and a carrier “shall not require or permit” it.

A schedule that can’t be met legally is worth asking about. See who can be responsible for a truck crash.

How do you prove a truck driver was too tired?

With the records. Under section 395.8, a carrier must require each driver to record duty status for each 24-hour period, in most cases on an electronic logging device. The carrier must retain those records and the supporting documents for at least 6 months from the date of receipt.

Section 395.11 lists the supporting documents: bills of lading, itineraries and schedules; dispatch and trip records; expense receipts; fleet management messages; and payroll records. When a fuel receipt or a delivery time does not match the log, someone has to explain why. That comparison is why a request to preserve the records should go out early, well before the general deadline to file.

What else should be checked in a fatigue case?

Fatigue may not be the only problem. A carrier that runs its drivers past their hours may have other gaps, so brake, tire and maintenance records are worth asking for at the same time. If the driver was cited, the carrier may also have had to run post-crash alcohol and drug tests.

And fatigue evidence can matter for another reason. In North Carolina, one finding of fault can bar your claim, so what the driver was doing, and for how long, is often central to the argument over who caused the crash.

Why call The Emory Law Firm about a truck crash?

Randy Emory worked in State Farm’s claims department for three years after law school, then joined an established Charlotte personal injury firm in 1991. He started The Emory Law Firm in 2001. Read more about Randy.

If you were seriously hurt, or you lost someone, in a crash with a commercial truck, talk to the firm at (704) 371-4333. The firm is bilingual, in English and Spanish.