In most cases, a charter bus driver transporting passengers cannot drive more than ten hours during 15 hours after eight hours off-duty. Likewise, a commercial truck driver cannot drive more than 11 hours after ten consecutive hours off-duty.

However, there are particular circumstances where those hours can be extended in both cases, such as sleeper berths, hazardous driving conditions, etc., that could extend those HOS times.   

CA Vehicle Code (CVC) Section 21702, Additional Driving Rules, states, “No person shall drive upon any highway any vehicle designed or used for transporting persons for compensation for more than 10 consecutive hours nor for more than 10 hours spread over a total of 15 consecutive hours. Thereafter, such person shall not drive any such vehicle until eight consecutive hours have elapsed.”

The DOT FMCSA HOS rules can get complicated, but it is the commercial driver’s license (CDL) holders responsibility to know and understand how each circumstance applies to their driving situation. 

What Is Considered a Charter Bus Driver Hours of Service (HOS) Violation in CA?

As mentioned, there are a few circumstances when a charter bus driver could legally violate these HOS rules:

• Drive more than ten consecutive hours within a 24-hour period.
• Drive more than ten hours without an eight-hour off-duty “sleep” break.
• Drive more than ten hours within a fifteen-hour period.

These are the basic charter bus or passenger carrier’s HOS rules, though there are more. 

Some conditions that could permit a legal HOS violation might include when there is a “sleeper” for the driver on the bus and a partner bus driver takes a portion while the driver sleeps. 

Likewise, the 15-hour rule applies when the driver reports to work early to prepare the bus for the trip, loads cargo or baggage, etc. 

What Is Considered a Cargo Truck Driver Hours of Service (HOS) Violation in CA?

As with the charter bus driver, a cargo transporting truck driver has several HOS rules they must follow as well. Although there are many others, these are the basic HOS rules:

• Driving more than twelve consecutive hours within a 24-hour period.
• Driving more than twelve hours in any 17-hour period. Recently, the DOT FMCSA added a two-hour window to accommodate inclement weather.
• Driving more than twelve hours in a day without an eight-hour off-duty break. 
• Driving more than eight hours without taking a 30-minute break. This break can be on-duty or off-duty. The driver can check cargo, fuel the truck, or just have a cup of coffee.
• *Violating the “sleeper berth” rules.
• Violating the 60-hour driving limit within any seven consecutive days or the 70-hour limit within any eight consecutive day period. 

*“Drivers using a sleeper berth must take at least 8 hours in the sleeper berth, and may split the sleeper berth time into two periods provided neither is less than 2 hours. All sleeper berth pairings MUST add up to at least ten hours.”

These are the basics of the CA HOS rules that mirror or extend the DOT FMCSA HOS rules.

Contact Bigger & Harman, APC, If You Have a Charter Bus or Truck Driver HOS Violation in LA County, CA   

When you receive a citation for a violation of the DOT FMCSA HOS regulation in LA County, call (661) 349-9300 to get legal advice from Bigger & Harman.

Se habla Español (661) 349-9755.

Email: attorney@biggerharmanlaw.com. 

References:

The 2019-2021 CA Commercial Driver Handbook.pdf.

CVC Section 21702, Additional Driving Rules.

The DOT FMCSA Manual Part 395, Hours of Service for Motor Carriers of Passengers.