Drive time for non-commercial

So you fell asleep, flipped the company car, and want to know who you can blame besides yourself? Maybe I’m reading between the lines to much.

 

@Moose1958 will know the answer to your question.
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Honda CRV

 

Short answer, by US DOT regulations no. Your cargo is not a placard required hazardous material nor were you operating in passenger transport service so operating a motor vehicle less than 10,000 pounds, even in interstate commerce, is not regulated by US DOT therefore the hours of service do not apply.

Now, that said, your employer does have a general duty to provide appropriate meal and rest breaks per US Department of Labor and OSHA regulations, as well as the rules of your home state labor department. I would look into labor laws about meal and rest breaks since you do not meet the definition of a driver engaging in interstate commerce, which is the first prong of the Fair Labor Standards Act overtime and meal/rest break preemptions. You do not meet the definition of a "safety sensitive transportation employee", which is a fancy way of saying interstate driver, because you are operating a small vehicle that is not considered a commercial motor vehicle. This doesn't mean your employer is off the hook, as they likely violated state and/or federal labor laws.

There may be some ag exemptions to the Federal and state labor laws since your cargo is an agriculture product, but even then no one can force you to drive fatigued. I would consult with a labor attorney, although they may tell you there isn't much of a case against your employer if you did not file formal complaints prior to the crash.

Bottom line, no one held a gun to your head forcing you to drive tired either. You have a responsibility to act in a safe manner and not create risk for other motorists, whether you are operating as a professional driver or just on family vacation, driving fatigued is no joke. Glad you were not seriously injured and I hope you have learned your lesson.

 

I’m guessing your an IC/1099 if it’s paid by the route. This would make you responsible for everything. Shouldn’t have taken the job if you knew you couldn’t do it in 43 hours.

takes a trucker close to 4 days to do that and you did it in 1.7 days. That should speak volumes on how tired you were.

 

You drove non-stop for 43 hours, really?

 

Wow! Just wow....!

 

The real question is "how long did the 'employer' expect this trip to take?" and how is this affected by your local labor regulations.

Were you rushing to get back and get another trip?

 

You attempted to drive 43 hours straight and you wonder if your employer should’ve made you take a break? It’s your responsibility to know when you’re tired, not theirs.

If your employer told you to drive 43 hours straight, the smart move would’ve been to tell them it’s not safe and you’re not going do it. Then, if they terminated you, you could report them to the labor board, or whatever authorities you felt necessary.

As it stands, I doubt you’re going to get much assistance from any agency that may have been able to assist you had you simply refused to drive under those circumstances.