Explaining Florida Hours Of Service Regulations
Commercial vehicle drivers have quite a lot of responsibility in terms of the vehicles they operate; the sheer size and speed of most commercial vehicles have the potential to cause serious injury and death if a driver is not careful. Both federal authorities and the Florida legislature have instituted what are known as hours of service regulations in order to govern the rights and responsibilities for drivers. Failure to abide by them can lead to administrative penalties and sometimes play a role in criminal trials.
Similar But Different
The Federal Motor Carrier Safety Administration (FMCSA) created its rules for hours of service, most recently modifying the regulations in 2020. Its provisions are fairly straightforward, mandating a maximum number of hours that a driver may be on the road without a break, the required number of hours a driver must spend off duty, and other details in exceptional situations like inclement weather. Each U.S. state has passed their own version of these regulations, though with slight deviations.
Florida’s rules are slightly more lax, allowing a driver to go for 12 hours after 10 off duty instead of 10 or 11, and having different rules about how much time a driver must take off. Also, some drivers are exempt from maintaining a log book or electronic logging device under state standards (though they may still have to maintain a log in order to comply with federal laws).
Do State Or Federal Rules Apply?
While the slight deviations in the specific hours must be observed, the more important thing to keep in mind is that Florida’s hours of service rules only apply within Florida itself. If a commercial vehicle transports people or property from state to state, or if it is hauling hazardous materials requiring a placard, it is the federal rules that must apply, rather than the state’s. This is true even if the vehicle originates in Florida; the point is that the vehicle is operating in interstate commerce (which confers federal jurisdiction).
These rules are meant to protect both the average road user and the commercial driver against getting into a serious accident. Given the size of most commercial vehicles, as well as the number of people on board if a commercial vehicle is transporting passengers, it is perhaps understandable that injuries and fatalities are more likely than they are in accidents with ordinary cars. If it turns out that a commercial driver was negligent in how they operated their vehicle, you may be able to recover financially.
Contact A Tampa Commercial Vehicle Accident Attorney
There are many reasons that a commercial vehicle accident may occur, but if a fatigued driver is one of the causes, it is likely that a violation of the Hours of Service regulations has occurred. A Tampa commercial vehicle accident attorney from the Rinaldo Law Group can help you determine how best to proceed in the legal process if you have been the victim of a crash. Call our office today to schedule a free consultation.
Source:
fmcsa.dot.gov/regulations/hours-of-service
