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FMCSA Regulations Explained: The Federal Trucking Safety Rules That Matter After a Crash
Quick Answer
FMCSA regulations are federal safety rules in 49 CFR parts 382–396 that limit truck driving hours, require electronic logs, mandate drug and alcohol testing, and require inspections; a proven violation can be key evidence after a crash.
- Hours of service (49 CFR 395.3): a property-carrying truck driver may drive up to 11 hours, only within a 14-hour window, after 10 consecutive hours off duty, with a 30-minute break after 8 hours of driving and a 60/70-hour weekly cap.
- Electronic logging devices (49 CFR 395.8): most interstate carriers must record driver hours on a registered ELD, and carriers must keep those records for at least 6 months.
- Drug and alcohol testing (49 CFR part 382): CDL drivers are tested before hire, after certain crashes, at random, and on reasonable suspicion, and violations go into FMCSA's Drug & Alcohol Clearinghouse.
- Inspection and maintenance (49 CFR part 396): drivers must file post-trip inspection reports on defects, and every truck needs an inspection at least once every 12 months.
- Coercion (49 CFR 390.6): carriers, shippers, receivers, and brokers may not pressure a driver to break these rules.
Commercial trucks and buses are governed by a detailed set of federal rules called the Federal Motor Carrier Safety Regulations (FMCSRs), written and enforced by the Federal Motor Carrier Safety Administration (FMCSA). They apply to drivers and to the companies that employ them. In general, they cover interstate vehicles of 10,001 pounds or more, vehicles carrying more than 8 passengers for pay or more than 15 without pay, and placarded hazardous-materials loads (49 CFR 390.5). Some states apply their own versions to in-state trucking.
At Seattle Truck Law, we focus only on cases involving large trucks and buses, and we see these rules come up in almost every investigation. When a driver or company breaks one of them, that violation can become powerful evidence in a claim. Below is a plain-English guide to the major rules, the current citation for each, and what a violation can mean for someone who was hurt.
Regulations change. We reviewed every rule on this page against the current text of the Electronic Code of Federal Regulations (eCFR). This page is general information, not legal advice, and every case depends on its own facts.
Hours of service (HOS) for truck drivers
Citation: 49 CFR 395.3 (property-carrying vehicles); exceptions in 49 CFR 395.1
What it requires:
- 10 hours off first. A driver may not start driving without first taking 10 consecutive hours off duty.
- 14-hour window. A driver may not drive after the 14th consecutive hour after coming on duty. Short rests do not extend this window.
- 11 hours of driving. Within that 14-hour window, a driver may drive a total of 11 hours.
- 30-minute break. A driver may not drive once 8 hours of driving time have passed without a consecutive 30-minute interruption. The break can be off-duty, sleeper-berth, or on-duty-not-driving time.
- 60/70-hour limit. A driver may not drive after being on duty 60 hours in 7 consecutive days (if the carrier does not operate every day) or 70 hours in 8 consecutive days (if it does).
- 34-hour restart. The 7- or 8-day period may start over after 34 or more consecutive hours off duty.
- Sleeper-berth split (49 CFR 395.1(g)). A driver can meet the 10-hour rest requirement with two periods, if one is at least 7 consecutive hours in the sleeper berth, neither is shorter than 2 hours, and the two total at least 10 hours. That allows a 7/3 or 8/2 split.
- Adverse driving conditions (49 CFR 395.1(b)). If a driver runs into snow, ice, fog, or unusual road or traffic conditions that were not known before the trip or shift started, the driver may drive up to 2 additional hours to finish the run or reach a safe place.
- Short-haul exception (49 CFR 395.1(e)). Drivers who stay within a 150 air-mile radius of their work reporting location and are released within 14 hours do not need logs or ELDs and are exempt from the 30-minute break, but their employer must keep accurate time records for 6 months.
Why it matters after a crash: These limits exist to fight driver fatigue, and a separate rule bars driving while fatigue or illness makes it unsafe (49 CFR 392.3). A log showing a driver past the 11-hour or 14-hour limit can help explain a crash. In our firm’s view, the 2020 changes that added the 7/3 split and expanded the short-haul and adverse-conditions provisions give unsafe companies more room to push tired drivers.
Common violations:
- Driving past the 11-hour driving limit or the 14-hour window.
- Not taking the required 10 hours off before starting a new shift.
- Exceeding the 60/70-hour limit.
- Misusing the sleeper-berth split or the adverse-conditions extension to stretch a shift.
- Driving while fatigued, even if the log looks legal.
| Rule (property-carrying trucks) | Current limit | Citation |
|---|---|---|
| Off duty before driving | 10 consecutive hours | 49 CFR 395.3(a)(1) |
| Driving window | No driving after the 14th hour on duty | 49 CFR 395.3(a)(2) |
| Daily driving | 11 hours within the 14-hour window | 49 CFR 395.3(a)(3)(i) |
| Break | 30 consecutive minutes after 8 hours of driving | 49 CFR 395.3(a)(3)(ii) |
| Weekly on-duty | 60 hours in 7 days or 70 hours in 8 days | 49 CFR 395.3(b) |
| Restart | 34+ consecutive hours off duty | 49 CFR 395.3(c) |
| Sleeper-berth split | 7+ hours in berth plus a 2+ hour period, totaling 10+ | 49 CFR 395.1(g)(1) |
| Adverse conditions | Up to 2 extra hours | 49 CFR 395.1(b)(1) |
| Short-haul | 150 air-mile radius, released within 14 hours | 49 CFR 395.1(e)(1) |
| Bus and passenger drivers | 10 hours driving after 8 hours off; no driving after 15 hours on duty | 49 CFR 395.5 |
Electronic logging devices (ELDs)
Citation: 49 CFR 395.8; ELD standards in 49 CFR part 395, subpart B (395.20–395.38)
What it requires:
- Motor carriers must install and require their drivers to use an ELD to record duty status. The deadline was December 18, 2017.
- The ELD must be on FMCSA's registered ELD list (49 CFR 395.22).
- An ELD automatically records the date, time, location, engine hours, vehicle miles, and driver, vehicle, and carrier identification (49 CFR 395.26).
- Paper logs are still allowed in limited cases, such as drivers who need logs on no more than 8 days in any 30-day period, certain driveaway-towaway operations, and vehicles built before model year 2000.
- Carriers must keep records of duty status and supporting documents for at least 6 months (49 CFR 395.8(k)).
- No driver or carrier may make a false duty-status report or tamper with an ELD so it does not record accurately (49 CFR 395.8(e)).
Why it matters after a crash: ELD data is often the clearest record of how long a driver had been on the road. Because retention is only 6 months, a preservation letter should go out quickly. We compare ELD data with GPS and telematics data, fuel and food receipts, and bills of lading to look for gaps.
Common violations:
- Falsified or edited logs, which were easier to hide on paper.
- Tampering with or disabling the device.
- Using a log exception the driver does not actually qualify for.
- Destroying records once the retention period ends, even when a claim is likely.
Drug and alcohol testing
Citation: 49 CFR part 382 (applies to drivers who need a CDL)
What it requires:
- Pre-employment: a verified negative drug test before a new driver performs safety-sensitive work (49 CFR 382.301).
- Post-accident (49 CFR 382.303): after a fatal crash, the employer must test each surviving driver. After a crash with injury treated away from the scene or a vehicle towed away, testing is required only if the driver is cited for a moving violation. Alcohol tests stop after 8 hours and drug tests after 32 hours, and the employer must document why a test was not done.
- Random (49 CFR 382.305): the minimum annual random rate is 50% of driver positions for drugs and 10% for alcohol. FMCSA can adjust these rates each year based on industry violation data.
- Reasonable suspicion (49 CFR 382.307): required when a trained supervisor observes specific signs of alcohol or drug use.
- Return-to-duty and follow-up testing after a violation (49 CFR 382.309 and 382.311).
- Alcohol limits: no safety-sensitive work at 0.04 alcohol concentration or higher (49 CFR 382.201), or within 4 hours of drinking (49 CFR 382.207).
- Clearinghouse (49 CFR 382.701 and 382.705): employers must check FMCSA's Drug & Alcohol Clearinghouse before hiring a driver and at least once a year, and must report violations such as positive tests and refusals. Since November 18, 2024, states must check the Clearinghouse and downgrade the CDL of a driver who is prohibited from driving (49 CFR 383.73(q)).
- Employers must keep records of positive tests and refusals for at least 5 years (49 CFR 382.401).
Why it matters after a crash: Because post-accident testing depends on the type of crash and whether a citation was issued, a test may never have been done. Testing records, Clearinghouse queries, and the employer’s notes on any missed test can matter, along with medical records, blood test results, witness statements, and camera footage.
Common violations:
- Hiring a driver without a pre-employment test or Clearinghouse query.
- Failing to test after a qualifying crash, or failing to document why.
- Letting a driver with a positive test or refusal keep driving.
- Drug use on the job. Our earlier review of FMCSA Clearinghouse reports found marijuana, cocaine, methamphetamine, and amphetamine among the most frequently reported substances.
Vehicle inspection and maintenance
Citation: 49 CFR part 396 (396.3, 396.11, 396.13, 396.17, 396.21)
What it requires:
- Systematic maintenance (49 CFR 396.3): carriers must systematically inspect, repair, and maintain their vehicles and keep parts in safe operating condition at all times. Maintenance records must be kept for 1 year, and for 6 months after the vehicle leaves the carrier's control.
- Post-trip report (49 CFR 396.11): at the end of each day's work, the driver must report any defect affecting safety, covering brakes, steering, lights, tires, horn, wipers, mirrors, coupling devices, wheels and rims, and emergency equipment. The carrier must fix or certify each listed defect before the vehicle runs again and keep the report for 3 months.
- Pre-trip check (49 CFR 396.13): before driving, the driver must be satisfied the vehicle is in safe operating condition and review and sign the last inspection report when one is required.
- Annual inspection (49 CFR 396.17): every commercial vehicle, including each trailer in a combination, must pass an inspection at least once every 12 months, with documentation on the vehicle.
- Inspection report retention (49 CFR 396.21): the annual inspection report must be kept for 14 months.
Why it matters after a crash: Brake, tire, and steering failures often trace back to skipped maintenance or reported defects that were never repaired. Inspection reports and repair certifications can show what the company knew and when. In our experience, bad brakes usually combine poor maintenance with drivers never trained to spot brake problems.
Common violations:
- Brake defects. In its 2019 unannounced Brake Safety Day, the Commercial Vehicle Safety Alliance reported placing 16.1% of the vehicles inspected out of service for critical brake violations.
- Defects listed on a driver report but never repaired or certified.
- Missing or expired annual inspections.
- Drivers skipping a meaningful pre-trip check.
Coercion by carriers, shippers, and brokers
Citation: 49 CFR 390.6 (adopted in 2015)
What it requires:
- A motor carrier, shipper, receiver, or transportation intermediary (and their agents) may not coerce a driver to operate in violation of the FMCSRs, including the hours-of-service, inspection, and drug and alcohol rules.
- A driver who was coerced may file a written complaint with FMCSA describing the pressure and the rule involved.
Why it matters after a crash: When a company pressures a driver past legal limits, the company may share responsibility, not just the driver. Pay-by-the-mile structures and tight schedules can create that pressure, and dispatch messages and delivery deadlines can show it.
Common violations:
- Threatening to fire a driver, cut pay, or take away loads if the driver stops to rest.
- Rewarding drivers who make runs faster than legal hours allow.
CDL standards
Citation: 49 CFR 383.23 and 383.91
What it requires:
- No one may operate a commercial motor vehicle without passing knowledge and skills tests and holding a valid CDL from their state of domicile (49 CFR 383.23).
- Class A covers combinations of 26,001 pounds or more where the towed unit is over 10,000 pounds (tractor-trailers). Class B covers single vehicles of 26,001 pounds or more. Class C covers smaller vehicles designed to carry 16 or more passengers or hazardous materials (49 CFR 383.91).
Why it matters after a crash: A driver operating a vehicle their license does not cover, or with a lapsed license, is a safety problem, and it can point to careless hiring or supervision by the company.
Common violations:
- Driving with a lapsed CDL or the wrong class or endorsement for the vehicle.
General information, not legal advice.
Frequently Asked Questions
A violation does not automatically decide a case, but it can be strong evidence that fatigue contributed. If the logs, ELD data, or other records show the driver went past the 11-hour or 14-hour limit or skipped required rest, that can support a negligence claim against the driver. If the company pushed the driver to do it, the company may be responsible as well.
Under 49 CFR 395.8(k), carriers must keep records of duty status and supporting documents for at least 6 months. Driver vehicle inspection reports only have to be kept for 3 months, and annual inspection reports for 14 months. Because these windows are short, we recommend talking to a lawyer quickly so a preservation letter can go out before records are lost.
No. Under 49 CFR 382.303, testing is required after any crash involving a death. After crashes involving an injury treated away from the scene or a vehicle towed away, testing is required only if the driver receives a citation for a moving violation. Alcohol testing must stop after 8 hours and drug testing after 32 hours, with the employer documenting why any test was not done.
No. Drivers of passenger-carrying vehicles follow 49 CFR 395.5. They may not drive more than 10 hours after 8 consecutive hours off duty, and may not drive after being on duty 15 hours following 8 hours off. The same 60-hour/7-day and 70-hour/8-day weekly limits apply. If you were hurt in a bus crash, these limits may be part of the investigation.
It may be. Since 2015, 49 CFR 390.6 has prohibited motor carriers, shippers, receivers, and brokers from coercing drivers to break federal safety rules. Evidence that a company threatened a driver’s job or pay, or set schedules that could not be met legally, can support a claim against the company itself, alongside any claim against the driver.
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