As a CDL driver, you are not just responsible for transporting goods across the country, you also have important rights designed to protect your safety, pay, and workplace treatment.  

 

Understanding these rights is essential for navigating the challenges of your job and advocating for yourself when necessary. Keep reading to find out what every CDL driver should know about their rights. 

Key Rights Every CDL Driver Should Know 

 

Hours of Service (HOS) Regulations

The Federal Motor Carrier Safety Administration (FMCSA) has established Hours of Service (HOS) regulations to ensure driver safety and prevent fatigue-related accidents. It is essential to regularly maintain a log of these hours both for the liability of your employer as well as to protect your rights.  

These HOS regulations include: 

• A maximum of 11 driving hours within a 14-hour workday, following at least 10 consecutive hours off duty. 

• Mandatory 30-minute breaks after 8 hours of driving. 

• A weekly limit of 60 hours over 7 days or 70 hours over 8 days, depending on the carrier’s schedule. 

You have the right to refuse to drive if doing so would violate HOS regulations, and carriers cannot legally force you to break these rules. 

 

Workplace Safety Rights

Under the Occupational Safety and Health Administration (OSHA), you are entitled to a safe working environment. For CDL drivers, this includes: 

• Properly maintained vehicles and equipment. 

• Safe loading and unloading practices. 

• Adequate training in handling hazardous materials if applicable. 

If you encounter unsafe conditions, you have the right to report them without fear of retaliation. Employers are prohibited from taking punitive actions against you for raising safety concerns. 

 

Protection from Discrimination

The Equal Employment Opportunity Commission (EEOC) protects you from workplace discrimination based on factors like race, gender, age, religion, or disability.  

For example, if you require reasonable accommodation for a medical condition, your employer must provide them if they do not create undue hardship. 

Wage and Hour Rights

Fair pay is a fundamental right for CDL drivers. The Fair Labor Standards Act (FLSA) ensures that: 

• You are paid at least the minimum wage for all hours worked. 

• Overtime pay is provided when applicable. 

• Employers cannot withhold wages unfairly or make improper deductions from your pay. 

Keep a record of your hours and compare them to your paystubs to ensure accuracy. If discrepancies arise, request clarification, and seek help if necessary. 

 

Whistleblower Protections

If you witness illegal or unsafe practices, such as falsified logbooks or unsafe load assignments, you are protected when reporting these issues.  

The FMCSA, OSHA, and other agencies provide whistleblower protections to ensure you will not face retaliation for speaking up. 

Wrongful Termination

Drivers are protected from being fired for refusing to violate laws or regulations. If you believe you have been wrongfully terminated, document the circumstances, and consider filing a complaint with the appropriate agency. 

Owner-Operator Specific Rights

Owner-operators have unique rights and responsibilities, often outlined in their contracts. Key areas include: 

• Transparent load assignments and payment terms. 

• Freedom to negotiate rates and choose which loads to take. 

• Rights to dispute contract violations through legal or arbitration processes. 

Make sure to review contracts thoroughly before signing and seek legal advice if needed. 

 

Legal Recourse for Violations

If your rights are ever violated as a CDL driver, it is important to take action to protect yourself.  

1. Document Everything: Keep records of hours worked, communications, and incidents. 
2. Report Issues: Contact agencies like the FMCSA, OSHA, or EEOC to file a complaint. 
3. Seek Legal Support: Labor unions and organizations like the Owner-Operator Independent Drivers Association (OOIDA) can provide guidance and resources. 

Do not hesitate to stand up for your rights. These protections exist to ensure fair treatment and safety in your work. 

 

 

For more information on finding success and satisfaction as a CDL driver, be sure to check out our social media and stay up to date on our Truck Driver Blog.