Commercial traffic laws written and enforced by the DOT FMCSA regulate how truckers and bus drivers operate, including specific Hours of Service (HOS) Rules.
Understanding these regulations is critical for commercial drivers in Roseville, Placer County, CA, to avoid violations and penalties.
In most cases, a charter bus driver cannot drive more than ten hours during a 15-hour work period after eight hours off-duty. Similarly, a truck driver is limited to 11 hours of driving after ten consecutive off-duty hours.
However, there are exceptions that allow these hours to be extended, such as using sleeper berths or facing hazardous conditions, such as weather and traffic conditions.
CA Vehicle Code (VC) 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.”
While the DOT FMCSA HOS Rules are complex, commercial driver’s license (CDL) holders must understand how they apply to their driving situations.
What Constitutes a Charter Bus Driver HOS Violation in CA?
There are instances when charter bus drivers could violate HOS Rules when they:
Driving more than ten consecutive hours within a 24-hour period.
Driving more than ten hours without an eight-hour off-duty break.
Driving more than ten hours in a fifteen-hour period.
However, certain conditions might exempt them, like having a “sleeper berth” or alternating driving with a partner, which may allow extended hours. You should always consult a traffic attorney before accepting an HOS rules violation.
The 15-hour rule applies when the driver starts early to prepare the bus or load cargo.
What Constitutes a Cargo Truck Driver HOS Violation in CA?
Cargo truck drivers have several HOS Rules they must follow.
Common violations include:
Driving more than eleven hours in a 24-hour period.
Driving more than eleven hours in a 17-hour period, including a two-hour window for weather.
Driving more than eight hours without a 30-minute break, which can be on-duty or off-duty.
Violating sleeper berth rules.
Exceeding the 60-hour limit in seven days or the 70-hour limit in eight days.
“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.”—The DOT FMCSA .PDF for Sleeper Berth FAQs.
These basic rules reflect the DOT FMCSA HOS Rules.
Why You Should Hire a Traffic Attorney
Hiring a traffic attorney offers numerous benefits.
They can develop a defense strategy tailored to your case, negotiate to reduce fines and penalties or seek dismissal of the charges. In many cases, a knowledgeable traffic attorney can negotiate a no-point, non-moving violation with a fine only.
The DMV isn't notified when there are no points, nor is the DOT FMCSA.
Understanding commercial traffic laws is crucial for commercial drivers to maintain a clean record and avoid costly repercussions.
NOTE: These are not all the HOS rules. The only official reference for the DOT FMCSA HOS Rules is 49 CFR Part 395, Hours of Service of Drivers. However, you can find a summary for both at Summary of Hours of Service Regulations.
If you still have questions, consult a CA traffic attorney.
Consult Bigger & Harman About Violations of HOS Rules & Commercial Traffic Laws
If you received a ticket for a violation of commercial traffic laws or HOS rules that needs resolution in Roseville Courthouse, contact Bigger & Harman for an initial consultation at (661) 349-9300—Se habla Español 349-9755.
Email us at attorney@biggerharmanlaw.com or use the convenient online contact form.
Download our e-book, Protecting Your Commercial Driver License.
References:
CA VC Section 21702, Additional Driving Rules.
The DOT FMCSA Manual Part 395, Hours of Service for Motor Carriers of Passengers.