How Long Can A Truck Driver Drive In Virginia?

How long can a truck driver drive in Virginia? Know hours of service rules, CDL limits, and legal driving hours for truck drivers in Virginia

Key Highlights:

How Long Can A Truck Driver Drive In Virginia

  • The length of time a truck driver can legally operate a vehicle in the state of Virginia is governed by the Federal Motor Carrier Safety Administration (FMCSA) regulations that Virginia uses. A driver who holds a Commercial Driver License (CDL) is limited to driving a maximum of eleven (11) hours per day, following a forty-eight (48) hour rest period.
  • A driver who operates under the 60/70 Hour Rule is also limited to driving for a maximum of 60 hours within 7 days and 70 hours over eight days.
  • Virginia State Law governs the electronic logging devices (ELD) that must be utilized by all interstate carriers.
  • Violations of hours of service regulations established by Virginia law can result in serious injury and death in motor vehicle accidents involving commercial vehicles; they also represent a significant contributing factor in motor vehicle crash lawsuits resulting from commercial motor vehicle operations.

Every day, thousands of commercial vehicles travel on Virginia’s interstates and highways. Most vehicle operators are compliant with laws, but when they exceed the legal commercial driving limits in Virginia, these actions can endanger others. Understanding the maximum amount of time a truck driver can work in Virginia is relevant information for both truckers and any Virginian who has suffered from an accident due to an exhausted, legally excessive truck driving hours in Virginia. Additionally, the number of hours truck drivers may legally work is the basis for many truck injury claims that have been successful. 

My name is Robert Tatum, and I’m an attorney at Tatum & Atkinson Law Firm. I have been involved in many truck accidents across the state of Virginia during my years as an attorney. I have personally experienced hour-of-service violations and the tremendous impact such violations have on people’s lives. The firm has been helping injured Virginians since 2005 and has a combined total of 65-plus years of experience representing truck accident victims in the state of Virginia, as well as the serious injuries from such accidents. We are here to assist you in your time of need.

How Long Can a Truck Driver Legally Drive in Virginia?

The Federal Motor Carrier Safety Administration (FMCSA) hours of service laws are enforced by Virginia for all commercial motor vehicles (CMV) that operate in Virginia. In addition to federal laws, the duration of time that a property-carrying truck driver can use for their shift is limited to 11 hours after the driver has taken 10 consecutive hours off duty. The driver is prohibited from driving after they have satisfied the maximum of 11 hours, even if the driver is subject to a deadline or pressure to complete a delivery.

Virginia’s administrative code (Title 19, Agency 30) formally adopts the federal hours of service laws, thereby giving the legal authority to enforce both state and federal regulatory penalties and liability created under state civil law if the driver violates the CDL driving limits in Virginia.

The 14-Hour On-Duty Window

Drivers must also be aware that the 11-hour driving limit is not in effect until the end of the 14-hour on-duty window, so all 11 hours of driving must be completed within the entire 14 hours of being on duty. 

After the 14-hour window closes, the driver cannot drive again until they take another complete 10-hour off-duty period, regardless of the number of hours the driver has left to drive.

The Mandatory 30-Minute Break Rule for Virginia Truck Drivers

Truck drivers in Virginia must take a 30-minute break after driving for 8 hours to minimize fatigue and improve their compliance with road safety. This is mandated by the Federal Motor Carrier Safety Administration (FMCSA) regulation and applies to all truck drivers operating under FMCSA’s jurisdiction. Truck drivers must be “off duty” or in a “sleeper berth” during their 30-minute breaks; they will violate hours of service.

FMCSA Break Requirement in Virginia

Breaking these rules will lead to penalties for the driver and their employer. In addition, FMCSA overnight truck driving rules in Virginia apply nationwide, so a truck driver would have the same required breaks regardless of the fact that they are in Virginia or other states.

Purpose of the Rule

This law is intended to help prevent drivers from being on the road for long periods without getting breaks to rest, which reduces the risk of driver fatigue, giving Virginia a better chance at keeping its roads safe.

Importance of Injury Claims

If a driver breaks this law and causes an accident, it could be used as strong evidence in a case of truck driver fatigue laws in Virginia by showing that the driver was negligent and engaged in unsafe driving behavior. 

Legal Impact in Virginia

In Virginia, a legal assumption is made that a person who violates traffic laws and drives without regard for safety is acting with or without caution. This assumption can be used as evidence to support your claim that the vehicle was operated recklessly or that the trucker was fatigued.

Preserving Critical Evidence

Critical evidence should be preserved immediately after an accident. For example, if you are injured in a truck accident, it is important to preserve the truck driver’s logbook records as soon as possible, as these records will provide the basis of your claim against the other party.

The 60/70-Hour Rule: Weekly Driving Limits for Virginia CDL Drivers

While the daily driving limit for trucks in Virginia is 11 hours, actual limitations for additional hours are established through weekly maximums. Carriers who operate trucks every day of the week may not exceed 70 hours of on-duty time in any eight days; carriers who do not operate daily may not exceed 60 hours in seven days.  

The 60/70 hour rules (maximums of 60 and 70 on-duty hours within a specified time frame) are used by authorities to provide protection against trucking companies simply rotating shifts to keep drivers continuously fatigued. 

The cumulative measure consists of determining how much fatigue has occurred and assumes that the cumulative measure of fatigue or barriers to landing the truck may occur not only each time each month, but can also happen through overdriving on a single shift. The infraction will show up on an electronic logging device or paper log. ELD records may be requested and used in matters of litigation against a defendant.

Can a CDL Driver Work 70 Hours in 5 Days in Virginia?

No, the maximum allowable limit of on-duty time in Virginia is for all truck drivers within their rolling eight-day limit, not a typical work week of five days. 

Therefore, a CDL truck driver may not store all 70 hours of on-duty time in only five days and would continue to work; any violation of the truck driver’s on-duty limit or the Virginia state regulations would be recorded by the electronic logging device.

Split Sleeper Berth Rules: The 7/3 and 8/2 Options for Virginia Truckers

The split sleeper berth provision allows truck drivers with a sleeper berth to be flexible in their time off-duty. With the split of 8 hours of sleep (in the sleeper berth) for a minimum of two periods of time with a total of at least 10 hours off-duty, and minimums of 2 hours present in one of the 2 hours or in the sleeper berth (a 2-day rest break), you also have to have a total of at least 10 hours off-duty before beginning to operate the truck again (or within 14 days). 

There is also an option for split sleeper berth provision usage with 7 hours of sleep (in the sleeper berth) and 3 hours present in 1 of the 3 hours or in the sleeper berth.

Electronic Logging Devices and Trucking Logbook Requirements in Virginia

Most interstate commercial trucking companies have been required to utilize electronic logging devices (ELDs) to automatically record driving time since 2017. The ELDs are connected directly to the engine of the truck and create an unalterable log for each hour of driving time. Truck driver rest requirements in Virginia and enforcement can be viewed by the DOT inspectors at different locations when conducting vehicle inspections (at weigh stations) throughout the state of Virginia (on I-81, I-95, I-64, i.e., other heavy trucking commercial/business corridor routes).  

The records (from ELDs) can be used in personal injury lawsuit cases filed against truck drivers and trucking companies in Virginia as one of the most important pieces of value, used to build the case against the truck driver and their trucking company. 

Can a Trucker Drive 1,000 Miles in a Day? What do the Numbers Actually Mean?

According to the FMCSA regulations, driving 1,000 miles in just one day is improbable when following the existing laws. By utilizing the allowed 65 mph speed limit, there are a few miles that will fit into the regulated trucking hours by the State of Virginia.

  • A maximum driving day at the speed limit of 65 mph, of approximately 11 hours, will give you a daily maximum of approximately 715 miles.
  • A distance of 1,000 miles can be reached in approximately 15 to 16 hours of driving, but this amount of uninterrupted time is not allowed according to federal hours of service regulations and Virginia regulations. 
  • To drive this distance (1,000 miles) within the time frame allowed by law would require breaking the rules regarding rest time, driving time, and other restrictions. 

Therefore, if someone claims they have accomplished 1,000 miles while following legal driving hours for truck drivers in Virginia and other requirments, that would be an inaccurate or misleading claim.

What About 1,800 Miles in a Day?

If you attempt to drive 1,800 miles in a 24-hour period, you will violate FMCSA hours of service Virginia regulations because you would be required to complete the trip in 27 hours by driving nonstop. Virginia Trucking Terre is unable to meet this requirement.

CDL Health and Fitness Requirements for Virginia Truck Drivers

Here’s what you need to know:

Requirement Area Rule / Standard Details
Medical Certification FMCSA medical guidelines Virginia CDL drivers must comply with Federal Motor Carrier Safety Administration health standards.
DOT Medical Exam Every 2 years Drivers must pass a Department of Transportation physical examination and maintain a valid medical examiner’s certificate.
Epilepsy Restriction Disqualifying condition Drivers with uncontrolled epilepsy are not eligible to operate commercial vehicles.
Sleep Apnea Severe cases are disqualified. Severe untreated sleep apnea may disqualify a driver due to safety risks.
Diabetes (insulin-dependent) Restricted eligibility Drivers requiring insulin may be disqualified unless a specific exemption is granted.
Schizophrenia Disqualification rule Diagnosed schizophrenia can disqualify a driver under FMCSA mental health safety standards.
Mental Health Conditions Case-by-case restriction Severe mental illnesses affecting safe driving ability may result in disqualification unless exemptions apply.

Injured by a Fatigued Truck Driver in Virginia? Contact Tatum & Atkinson Law Firm Today!

Did you know that you might have a strong legal claim against that truck driver for violating Virginia’s hours of service laws? Tatum & Atkinson Law Firm can help you with your trucking accident case from start to finish. 

Our law firm operates under a contingency fee agreement where there is no charge to you unless we win your case. Tatum & Atkinson Law Firm has over 65 years of combined experience across our law firm. We understand how long truck drivers in Virginia can legally operate under Virginia trucking laws. Call Tatum & Atkinson Law Firm at (800) 529-0804 to receive a free consultation with our team. 

FAQs: How Long Can A Truck Driver Drive In Virginia?

What happens if a truck driver violates hours-of-service rules in Virginia?

The penalty for not following the rules of the road may include federal fines and orders to take those drivers off duty. Violations will also qualify as evidence of negligence in any personal injury case resulting from a truck driver’s fatigue under Virginia law.

Can a truck driver be fined or jailed for unsafe driving in Virginia?

Reckless driving is a criminal misdemeanor in Virginia. If you are a commercial driver and are found to be violating Virginia driving laws multiple times, or if you are caught doing so with extreme frequency, this could also lead to suspension or revocation of your commercial driver’s license (CDL).

Do trucking companies in Virginia track driver speed and hours in real time?

Yes, ELDs and GPS tracking provide carriers with live data. Once these records are created, they can be used to substantiate claims against interstate trucking rules, Virginia hours, based on the violation of Virginia’s maximum hours of service regulations.

What happens if a truck driver refuses to take a DOT inspection in Virginia?

If a truck driver refuses to follow trucking regulations, they are likely to be put out of service immediately and may even be subject to federal enforcement action, which may ultimately help strengthen a Virginia trucking regulations hours injury claim.

Can a truck driver lose their CDL for repeated logbook violations in Virginia?

Yes. Continuing violations of trucking logbook requirements in Virginia can lead to CDL disqualification under either Virginia DMV or FMCSA regulations.

About the Author
Robert Tatum
Robert Tatum
Robert Tatum is the founding attorney at Tatum & Atkinson. He is licensed to practice in all North Carolina state and federal courts and before the U.S. Supreme Court. He earned his J.D. from the University of North Carolina School of Law in 2002 and his B.S. from the University of Virginia in 1999. His practice focuses on personal injury law. Connect with him on LinkedIn.