Trucking Laws
A Legal Guide for Drivers and Victims in Texas
Table of Contents
Trucking laws exist to protect everyone on the road. For commercial truck drivers and the motorists who share the highways around Houston, understanding these regulations is crucial. Federal and Texas trucking regulations dictate everything from how long a trucker can drive to how heavy a load can be. When these rules are violated, the risk of devastating truck accidents increases studies show, for example, that drivers behind the wheel for over 8 hours are twice as likely to crash. This guide explains key federal and Texas trucking laws and how violations relate to accidents, positioning Joel A. Gordon & Associates as a trusted legal resource if you’ve been injured in a truck accident in Houston or anywhere in Texas.
Federal Trucking Regulations
At the national level, the Federal Motor Carrier Safety Administration (FMCSA) regulates the trucking industry. The FMCSA sets out the Federal Motor Carrier Safety Regulations (FMCSRs), which all interstate trucking companies and drivers must follow. These federal rules cover driver qualifications, vehicle safety, and operational limits to reduce crashes. Below are some of the most important federal trucking regulations:
Hours of Service (HOS)
HOS rules limit how long truck drivers can be on duty to prevent fatigue. In general, truckers may drive a maximum of 11 hours after 10 consecutive hours off duty. They cannot drive beyond the 14th hour of coming on duty in a day, and they must take at least a 30-minute break after 8 hours of driving. Weekly limits also apply, no driving after 60 hours on duty in 7 days (or 70 hours in 8 days) unless the driver takes a 34-hour reset. These HOS rules are critical because fatigue is a major safety concern; one federal study found 13% of commercial drivers in crashes were fatigued at the time.
Electronic Logging Devices (ELDs)
To enforce HOS compliance, the FMCSA requires most trucks to use Electronic Logging Devices. Since December 2017, commercial drivers who must keep logs are required to use ELDs instead of paper logbooks. The ELD automatically records driving time, helping prevent logbook falsification. (Certain short-haul drivers and older trucks are exempt, but the vast majority of big rigs on interstate routes use ELDs.)
Commercial Driver’s License (CDL) Standards
Operating large trucks or buses requires a special license. Federal rules mandate that drivers of commercial motor vehicles (CMVs) hold a valid CDL and meet specific qualifications (age, knowledge tests, skills tests, medical fitness). Major traffic offenses or crimes can disqualify a driver’s CDL. For instance, driving a CMV with a blood alcohol concentration over 0.04% is illegal and will result in disqualification. A first offense for driving under the influence (DUI) in a commercial vehicle triggers a one-year CDL suspension (three years if carrying hazardous materials), and a second offense leads to a lifetime CDL ban. Other serious violations like leaving the scene of an accident or using a CMV in a felony carry similar one-year or lifetime disqualifications. Even in a personal vehicle, a DUI can cost a trucker their CDL. Additionally, “serious traffic offenses” (e.g. excessive speeding 15+ mph, reckless driving, texting while driving a CMV) will result in a 60-day CDL suspension for two offenses within 3 years (120 days for three offenses). These strict CDL laws are in place to ensure that only safe, qualified drivers operate heavy trucks.
Drug and Alcohol Testing
Federal law imposes a rigorous Drug and Alcohol Testing Program for all CDL drivers. Any person operating a CMV that requires a CDL (even intrastate) must participate in DOT drug and alcohol testing. This means trucking companies must test drivers pre-employment, randomly throughout the year, after certain accidents, upon reasonable suspicion of impairment, and before returning to duty after a violation. The tests screen for substances like marijuana, cocaine, opiates, amphetamines, and alcohol. A positive drug test or refusal results in immediate removal from driving duties and a report in the FMCSA’s Drug & Alcohol Clearinghouse. Drivers cannot resume driving until they complete a rehabilitation process with a Substance Abuse Professional. Additionally, CDL holders face a lower blood alcohol limit (0.04%) when operating a commercial vehicle, and they are forbidden from driving within 4 hours of using alcohol. These measures aim to keep impaired drivers off the road. Employers are required to enforce compliance, failing to do so can result in federal penalties for the carrier.
Trucking Laws in Texas
In addition to federal rules, Texas has its own state-specific trucking laws and regulations. Intrastate vs. Interstate: If a truck operates interstate (across state lines), it must follow the FMCSA’s federal standards. Intrastate trucking (operating wholly within Texas) is primarily governed by Texas law though in practice, Texas adopts most federal regulations with a few differences and exceptions for in-state commerce. The Texas Department of Public Safety (TxDPS) enforces commercial vehicle laws within the state, through its Commercial Vehicle Enforcement (CVE) troopers who conduct roadside inspections and weigh station checks. Here are some key aspects of Texas trucking regulations:
Hours of Service (Texas Intrastate)
Texas has slightly different HOS limits for intrastate drivers. Drivers operating only within Texas may drive up to 12 hours following 8 consecutive hours off duty. They are not allowed to drive beyond the 15th hour after coming on duty (compared to the 14-hour limit federally). If a Texas intrastate driver hits the 12-hour driving or 15-hour on-duty cap, they must stop driving for at least 8 hours. Texas also uses a “70-hour in 7 days” rule for weekly time: an intrastate trucker cannot drive after having been on duty 70 hours in any seven consecutive days. A 34-hour off-duty break resets the 7-day period. (By contrast, the federal rule allows 60 hours/7 days or 70 hours/8 days.) These Texas-specific HOS rules recognize that intrastate drivers often have more regular schedules. It’s important to note that violating state HOS limits can get a driver placed out-of-service on the spot by TxDPS. Aside from HOS, Texas law requires intrastate CMV drivers to be at least 18 years old (21 for interstate), and to carry a medical certificate unless exempted by grandfathered status.
TxDPS Enforcement and Inspections
The Texas DPS actively monitors commercial trucks on state roadways. All commercial motor vehicles registered in Texas must pass an annual safety inspection of brakes, lights, tires, and other equipment, in compliance with state and federal standards. TxDPS troopers perform random roadside inspections to check drivers’ CDL licenses, logbooks/ELDs, and vehicle conditions. If a truck is found with serious safety defects (like faulty brakes or tire violations) or an overweight load, officers can issue citations and place the vehicle out of service until the issue is fixed. Texas also has random weigh stations and portable scales to enforce weight limits (discussed below). Intrastate trucking companies are required to register with the Texas DMV (TxDMV) and maintain insurance ensuring they have a TxDMV number and meet Texas insurance minimums, similar to how the U.S. DOT number and federal insurance requirements apply to interstate carriers. In sum, Texas authorities work in tandem with federal officials to keep unsafe trucks off the road. If a truck crash happens in Texas, TxDPS will often be involved in the investigation, examining whether any state laws or regulations were violated by the driver or carrier.
Load Limits and Size Restrictions
Texas trucking laws set specific weight and size limits for commercial vehicles. Generally, Texas follows the federal standard maximum of 80,000 pounds gross vehicle weight for trucks on public highways (this is the weight of the truck + trailer + cargo). There are also per-axle limits (typically 20,000 lbs per single axle, 34,000 lbs per tandem axle, etc. as in federal law) to prevent road damage. Exceeding these limits without a permit is illegal. In fact, an overloaded truck not only breaks the law but is extremely dangerous the added weight strains the brakes and increases stopping distance (a fully loaded 80,000 lb truck needs about two football fields of distance to stop), and can lead to brake failure or tire blowouts. Texas allows trucks carrying certain alternative fuels to exceed weight limits by up to 2,000 lbs (up to **82,000 lbs max for natural gas or electric-powered trucks). Heavier loads or larger dimensions (over-length, over-width, over-height) require oversize/overweight permits from TxDMV, which impose route and time restrictions. For example, special annual permits can be issued for oil well servicing units or other oilfield equipment, and for vehicles like ready-mix concrete trucks or those hauling raw forestry products, sometimes allowing higher weights on specific routes. Without the proper permit, an overweight truck can be fined and forced to offload cargo. Trucking companies thus must carefully abide by Texas size and weight regulations to avoid penalties and ensure safety.
Texas-Specific Exemptions (Oilfield, Agriculture, etc.)
Texas law provides some unique exemptions and exceptions for certain industries. For instance, vehicles used exclusively for oil or water well servicing or drilling, and mobile cranes, operating intrastate are exempt from some FMCSR regulations. This means specialized oilfield rigs and certain heavy cranes in Texas may not have to follow the standard HOS or equipment rules (recognizing they often move short distances or are used as equipment rather than freight transport). In practice, many of these vehicles are still operated with safety in mind, but they have carve-outs in the law. Additionally, both federal and Texas rules include special HOS provisions for oilfield operations: “Oilfield waiting time” can be logged off-duty and drivers servicing oil wells can take a shorter 24-hour restart (off-duty) to reset their weekly hours instead of 34 hours. Texas mirrors this by allowing oilfield truckers (and drivers hauling construction materials intrastate) to end a seven-day work week with 24 hours off. Agriculture is another area: during harvest seasons, drivers transporting agricultural commodities within a 150-air-mile radius have relaxed HOS requirements under Texas law (similar to the federal agriculture exemption). These exemptions acknowledge the operational needs of certain local industries. However, even when an exemption applies, trucking companies and drivers must still operate safely. Being exempt from a particular hours rule or inspection standard is not a license for negligence an accident caused by an oilfield truck or farm truck can still lead to liability if the driver was careless or the vehicle unsafe.
Texas trucking regulations largely align with federal rules but have tailored differences for intrastate commerce. It’s crucial for commercial drivers in Texas to know these nuances and for accident victims to realize that a trucker’s violation of either federal or state law (or both) can be a key factor in an injury claim. A Houston truck accident lawyer will be familiar with Texas-specific trucking laws and how to use them to advocate for someone hurt in a crash.
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CDL Rules and Requirements
To legally drive an 18-wheeler or other commercial truck, a driver must obtain and keep a Commercial Driver’s License (CDL). Both Texas state law and federal regulations impose strict CDL rules and requirements to ensure only qualified, safe drivers are on the road. Here are important points about CDL licensing, disqualifications, and trucking company responsibilities:
Licensing Age and Qualifications
In Texas, the minimum age to get a CDL is 18 years old if all commercial driving is intrastate (within Texas only). An 18–20 year-old Texas CDL holder will have an “intrastate only” restriction and cannot haul hazardous materials or operate double/triple trailers until age 21. Age 21 is required to drive a commercial truck interstate (across state lines) or to transport placardable hazardous materials. Beyond age, applicants must pass written knowledge exams and a skills (road) test in the class of vehicle they intend to drive. They also must obtain a Department of Transportation medical examiner’s certificate (medical card) proving they are physically fit to drive a truck. Certain criminal convictions or license suspensions can disqualify a person from getting a CDL. Texas, like all states, checks an applicant’s driving record in all states; you cannot obtain a Texas CDL if you’re disqualified in another state or already hold a license in another state. Once licensed, CDL holders are held to higher standards on the road than typical drivers.
CDL Suspensions and Disqualifications
Commercial drivers face tough penalties for traffic violations and offenses, as mentioned in the federal section. To recap the major rules: Major offenses (DUI/DWI, refusing a drug/alcohol test, leaving an accident scene, using a vehicle in a felony, driving a CMV on a suspended license, causing a fatality via negligence, etc.) will result in a one-year CDL disqualification for the first offense (3 years if the CMV was transporting hazmat) and lifetime disqualification for a second offense. Additionally, using a CMV in a felony involving controlled substances is a lifetime ban with no reinstatement. Serious traffic violations (like excessive speeding, 15+ mph over; reckless driving; improper lane changes; tailgating; driving a CMV without the proper license or endorsements) do not immediately revoke a CDL, but two such convictions within 3 years will lead to at least a 60-day disqualification, and three within 3 years leads to 120 days. These counts can include violations in a personal vehicle if they result in license suspension. Furthermore, any alcohol-related driving offense in a non-commercial vehicle can still affect a CDL for example, a DUI in your personal car will also trigger a CDL suspension. Truck drivers are also subject to “Masking” laws, meaning a court cannot mask or defer a traffic ticket for a CDL holder to avoid it appearing on their record. In short, CDL holders must keep their driving record clean or risk losing their livelihood. After a disqualification period, reinstatement isn’t automatic, drivers may have to pay fees, attend classes (for alcohol offenses), or meet other conditions to get their CDL back.
Employer Responsibilities
Trucking companies (motor carriers) have legal duties to ensure their drivers are qualified and that operations are safe. Under federal law, motor carriers must maintain a driver qualification file for each driver and ensure their drivers comply with all FMCSRs. This includes verifying the driver’s CDL and endorsements, checking their driving record (Motor Vehicle Record) at least annually, and ensuring the driver passes required medical exams. Employers are required to conduct drug and alcohol testing as described earlier, and they must not let any driver with a positive test or disqualifying violation continue to drive. Additionally, carriers must properly train drivers, including entry-level driver training for new CDL holders and specialized training for those hauling tankers, hazardous materials, or driving longer combination vehicles. Trucking companies are also in charge of vehicle maintenance: they must perform regular inspections and repairs, keep maintenance records, and not dispatch trucks that they know (or should know) are unsafe. Critically, trucking companies may not pressure or incentivize drivers to break the law. Federal “coercion” rules prohibit carriers from pushing drivers to exceed HOS limits or carry overweight loads, for example. If a company knowingly requires a driver to violate safety regulations (like encouraging logbook falsification or speeding to meet a deadline), that company can face steep fines and will be at fault if an accident results. In the eyes of the law, carriers are vicariously liable for their employees’ conduct (meaning if a trucker is negligent, the company is usually on the hook as well), but carriers can also be directly liable for negligent hiring, training, or supervision if they fail their responsibilities. For example, hiring a driver with a string of DUIs or HOS violations, or failing to fix a truck’s bad brakes, can make the company directly negligent. These employer duties exist so that unsafe drivers or equipment don’t slip through the cracks. If you’re injured in a truck crash, one of the first things an attorney will examine is whether the trucking company itself violated any laws or fell short of its obligations, which may have contributed to the accident.
Common Violations and Legal Consequences
Trucking is heavily regulated for good reason, violations of these laws can and do lead to horrific accidents. In our experience, some of the most common trucking law violations that contribute to crashes in Texas include:
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Despite the rules, it’s not uncommon for truck drivers to push past allowed hours or falsify log entries to cover more miles. A fatigued trucker who has been driving too long can have slowed reaction times or even fall asleep at the wheel. Driving beyond the HOS limits is illegal and dangerous, and if a trucker causes a wreck after, say, driving 14–15 hours in a stint, that HOS violation can be used as evidence of negligence per se (violation of a safety law) in your injury case. Federal data consistently links driver fatigue to crashes, as noted, 13% of commercial drivers in crashes were fatigued. Both the driver and their trucking company (if they encouraged or allowed the logbook violations) can be held liable. Consequences for the driver can include fines, an out-of-service order, and impacts on their CDL and safety record. For victims, proving an HOS violation can greatly strengthen a claim, as it shows the driver was breaking the law designed to prevent exactly this type of danger.
Overloading a truck beyond legal weight limits is a serious violation. Excess weight puts enormous strain on brakes and tires, an overloaded semi has much longer stopping distances and is prone to brake failure and tire blowouts. It also raises the risk of rollover or jackknife accidents due to the load’s momentum in turns or stops. There are also rules for how cargo must be secured; an improperly secured load can shift or spill, causing loss of control or debris on the road. A truck carrying significantly more than 80,000 lbs without a permit is not only breaking the law but endangering others. If such a truck causes an accident, the fact that it was overweight (or had an unbalanced load) will likely make the case relatively clear-cut in favor of the victims. The trucking company can be cited and fined by law enforcement, and in a civil lawsuit the violation underscores the company’s negligence. We often work to obtain weight station tickets, bills of lading, and cargo records to prove an overloading violation after a crash. In Texas, civil juries do not look kindly on companies that prioritize profit over safety by overloading their trucks.
Alcohol and drug use are strictly forbidden for commercial drivers on duty and for good reason. A semi-truck in the hands of an impaired driver is a deadly weapon. Federal law sets the blood alcohol content (BAC) limit at 0.04% for CMV drivers (half the normal 0.08% limit), and any detectable amount of certain drugs in a trucker’s system is a violation. A truck driver DUI could result from drinking, using illegal drugs, or even misusing prescription medications. The legal consequences for a CDL holder are severe: immediate out-of-service order, arrest, CDL disqualification for at least one year on the first offense, and likely termination from employment. In accident cases, an intoxicated truck driver will almost always be considered at fault. Beyond compensatory damages, the victim might also pursue punitive damages due to the gross negligence involved in impaired driving. From our perspective as injury attorneys, if a trucker was cited for DUI in your crash, it often simplifies the liability battle, the focus shifts to proving your damages, since liability is clear. The trucking company could also face liability for negligent hiring if they hired a driver with prior DUIs, or negligent supervision if they failed to conduct required drug/alcohol tests. In short, DUI and trucking should never mix, and when it does, the law comes down hard on the offender.
Big rigs are complex machines that require constant maintenance. Brake failures, tire blowouts, broken lights, or trailer hitch failures can cause catastrophic accidents. That’s why regulations require regular inspections, drivers must do pre-trip inspections, and carriers must systematically maintain their fleet. Unfortunately, not all companies stick to the maintenance schedule, and some drivers skip inspection steps. Common violations include worn out brakes, inoperative turn signals or brake lights, bald tires, and overdue safety inspections. If an investigation after a crash finds that, for example, the truck’s brakes were out of adjustment or the trailer’s brakes were non-functional, this is strong evidence of negligence by the trucking company. We often obtain the truck’s maintenance logs and the post-crash inspection reports. It’s not unusual to discover that a truck involved in a rear-end collision had brakes below the legal minimum standards essentially, a ticking time bomb on wheels. The legal consequences for mechanical violations can include citations and fines for the company, and if an accident occurs, liability will firmly attach to the company for failing to upkeep the vehicle. Texas law even allows claims for negligent maintenance in trucking cases, meaning the company can be directly liable if a mechanical failure (that should have been prevented) caused the wreck. Simply put, an 80,000-pound truck must be kept in safe condition; when companies cut corners on maintenance and someone gets hurt, they can be held accountable.
Speak with an Experienced Truck Accident Lawyer in Houston
Joel A. Gordon & Associates will help you understand your rights and what alternatives you have in proceeding with a case
At Joel A. Gordon & Associates, our team has extensive experience handling truck and 18-wheeler accident cases in Houston and throughout Texas. We have successfully investigated violations ranging from logbook fraud to faulty brakes to secure positive outcomes for our clients. We offer free consultations, and we don’t charge any upfront fees, we only get paid if we win compensation for you. Our priority is to help you get the medical care and financial recovery you need while holding negligent truck drivers and companies accountable under the law. If you or a loved one has been injured in a trucking accident, don’t wait, reach out to a qualified attorney who can immediately begin protecting your rights.
Frequently Asked Questions
Hours of Service (HOS) rules govern how long commercial truck drivers can drive and work. Under federal HOS regulations, a trucker can drive up to 11 hours after 10 consecutive hours off duty. They also cannot drive beyond the 14th hour of coming on duty in a day (after 14 hours, they must stop driving, even if they haven’t hit 11 driving hours). Additionally, truck drivers may not exceed 60 hours on duty in 7 days (or 70 hours in 8 days); if they do, they must take at least 34 hours off to reset. Drivers are also required to take a 30-minute break after 8 cumulative hours of driving without a break. These rules are enforced by requiring drivers to log their time (nowadays usually with electronic logging devices). The purpose of HOS rules is to prevent fatigue-related crashes by making sure drivers get adequate rest.
Texas generally mirrors the federal trucking regulations for intrastate (within Texas) trucking, but there are a few key differences. For example, intrastate truck drivers in Texas are allowed to drive 12 hours after 8 hours off duty, and can be on duty up to 15 hours in a day, slightly more lenient than the federal 11-hour/14-hour limits. Texas intrastate drivers also follow a 70 hours in 7 days weekly limit (instead of the federal 70 in 8 days). Texas law permits drivers under 21 years old to get a CDL and drive commercial trucks within Texas (18 is the minimum age), whereas 21 is required for interstate driving. Texas has some industry-specific exemptions, such as special hours-of-service provisions for oilfield drivers and certain agriculture transport, and it exempts specific oil-well service vehicles and mobile cranes from some regulations. Another difference is enforcement: Texas DPS conducts its own inspections and can enforce state traffic laws (like speed limits or equipment requirements) that complement federal rules. In practice, if you’re driving a truck in Texas, you must comply with both sets of laws. If a Texas rule is more permissive (like allowing 12 hours driving), that applies only as long as you stay intrastate; the moment you cross state lines, the federal rules kick in. If a Texas rule is stricter or adds additional requirements, a trucker must follow those when in Texas. For accident victims, both federal and Texas violations can matter – a lawsuit might cite a violation of Texas Transportation Code or Texas Admin Code in addition to FMCSA rules, depending on the case.
In a truck accident, multiple parties may be liable, especially if trucking laws were violated. First and foremost, the truck driver who broke the law (for example, by speeding, driving past their allowable hours, or driving under the influence) will be held responsible for their negligence. However, the trucking company (carrier) that employs the driver is often also liable. Employers are generally accountable for the actions of their employees under the legal doctrine of respondeat superior (if the driver was on the job). Importantly, if the trucking company failed to enforce regulations or was negligent in hiring/training/supervising the driver, the company can be directly liable too. For instance, if a trucking company encouraged the driver to violate Hours of Service or didn’t maintain the truck properly, the company bears responsibility for those failures. Other potentially liable parties include: the owner of the truck or trailer (if different from the carrier and if maintenance issues contributed), a cargo loading company (if improper loading or overloading caused the wreck), or even a vehicle manufacturer or maintenance contractor (if a truck part failed due to a defect or negligent repair). In summary, if a truck driver broke the law, you would pursue claims against the driver and usually their employer’s insurance. Often, both will be represented by the trucking company’s insurer. An experienced attorney will investigate all angles to ensure every liable party, not just the driver, is held accountable for the harm caused.