Protect Your Driving Privileges Fight Your Ticket With Bigger & Harman Today

undefinedTruck drivers play an indispensable role in our economy by ensuring the timely delivery of goods. However, the immense pressure to meet tight schedules often leads to neglecting a crucial aspect: Truck driver fatigue management. 

We discussed this topic in another blog post focused on bus drivers, Fighting Bus Driver Fatigue with DOT FMCSA HOS Rules

In this blog post, we will discuss why this is a central factor in reducing traffic violations and accidents, and why when issues do arise, truck drivers and carriers should turn to Bigger & Harman for legal advice and support.

Preventing Out-of-Service (OOS) Orders with Truck Driver Fatigue Management

An OOS order for driving fatigued or ill is a significant setback for any commercial driver.

Essentially, it means the vehicle is unfit for the road, often due to the driver's fatigue, illness, or failure to adhere to rest periods. Companies can prevent such orders by emphasizing truck driver fatigue management ensuring their vehicles remain operational.

Fatigue hampers a driver's reaction time and can impede judgment, making it difficult to gauge distances, anticipate turns, or respond to sudden challenges on the road.

Efficient fatigue management practices can significantly reduce these challenges. By ensuring that drivers are well-rested and alert, we can reduce the potential for OOS orders and guarantee safer highways for all users.

One of the most significant methods of preventing driver fatigue is by sticking to the DOT FMCSA’s Hours of Service (HOS) rules.    

Driver Disqualification After Driving with an OOS Order

One of the most severe repercussions of neglecting truck driver fatigue management and subsequently receiving an OOS order is the risk of a driver disqualification. 

“A driver is not permitted to drive after being on duty in excess of the maximum periods permitted, as detailed in 49 CFR 395.13. Motor carriers cannot require or permit a driver who has been declared out-of-service to operate a CMV until the driver may lawfully do so.”

Further, “The disqualification period of a driver is determined by the offense and the driver’s record of prior convictions. There are separate disqualification tables for the following types of offenses in 49 CFR 383.51: major offenses, serious offenses, railroad-highway grade crossing offenses, and violations of out-of-service orders.”

Therefore, if a commercial driver operates their vehicle despite an OOS order, they may face a driver disqualification, which not only hampers their career but can also lead to legal implications. By investing in fatigue management practices, drivers can avoid these potentially career-ending consequences.

Likewise, a carrier may not allow or instruct a driver under an OOS order to drive their commercial motor vehicle until the order is lifted.

“If an employer knows, or reasonably should know, that a driver is disqualified, it must not allow the disqualified driver to operate a CMV.”49 CFR 383.51 6.2.5 Disqualification of Drivers.

Why Challenge Commercial Vehicle Tickets in Court with a CA Traffic Attorney

Despite best efforts, mistakes do happen. When a commercial driver faces a traffic violation, it could have a profound impact on their career and personal life. That's where we can help. 

We have been asked to resolve over 20,000 traffic tickets for California commercial and non-commercial drivers and our record of success is high. We have the knowledge and experience you need to challenge commercial driver moving violations

At Bigger & Harman, we recognize the unique challenges truck drivers face. By offering a free initial consultation, we allow drivers to discuss their cases without a financial obligation or burden. This no-obligation, free initial consultation ensures they can make informed decisions about their next steps.

What makes us stand out is our transparent approach. We use a flat fee system, which means our clients know their financial obligations from the get-go, with no hidden costs. This simplicity is crucial, especially for commercial drivers who are already navigating the complexities of California and DOT FMCSA regulations. We help clarify these issues.

In conclusion, truck driver fatigue management is not just about adhering to rules.

It's a comprehensive approach to ensure the safety of our roads and the well-being of all drivers. When challenges arise, we're here to support the commercial driving community, providing them with experienced legal guidance every step of the way. So, if you or someone you know faces a commercial traffic violation, remember that we are just a consultation away.

Consult with Bigger & Harman About Your Commercial Tickets in Woodland, CA

Consult with Bigger & Harman at (661) 349-9300 when truck driver fatigue management fails and an accusation of driving after being issued an OOS order is issued. Use our user-friendly contact form or email

Download our e-book, Protecting Your Commercial Driver License.

Se habla Español (661) 349-9755.


The DMV Portal CA Commercial Driver Handbook.

The FMCSA CFR 49 Part 383.51Driver Disqualifications.

The FMCSA CFR 49 Part 395-13Drivers Ordered Out of Service

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