Vehicle Code 21702 VC is the California statute that limits driving hours for bus drivers and truck drivers. The statute makes it a misdemeanor for bus and truck drivers to drive for too many consecutive hours and/or too many hours in one day.
There are three important points to know about Vehicle Code 21702.
- A driver that violates the section receives a fine between $100 and $1,000.
- Drivers can challenge a ticket for violating VC 21702 by raising a legal defense. It’s best, though, for drivers to consult with an attorney before doing so.
- Bus and truck drivers cannot ignore tickets for violating Vehicle Code 21702. This results in the violation of a new law, failure to appear, pursuant to California Vehicle Code 40508.
Our California criminal defense and personal injury attorneys will explain the following in this article:
- 1. Vehicle Code 21702 – Limitations on driving hours in California
- 2. The penalties
- 3. Legal defenses
- 4. Ignoring a ticket for driving too many hours
- 5. Personal injury lawsuits following a bus/truck accident
- 6. Related laws
Vehicle Code 21702 VC is the California statute that limits driving hours for bus drivers and truck drivers.
1. Vehicle Code 21702 – Limitations on driving hours in California
California Vehicle Code 21702 limits the amount of hours bus and truck drivers can drive.
Under this section, no bus driver may drive:
- For more than 10 consecutive hours in a day;
- For more than 10 hours in a 15-hour period; and,
- For more than 10 hours in a day, unless 8 hours of off-duty time.1
As to truck drivers, VC 21702 states that no truck driver may drive:
- For more than 12 consecutive hours in a day;
- For more than 12 hours in a 15-hour period; and,
- For more than 12 hours in a day, unless 8 hours of off-duty time.2
2. The penalties
A driver that violates VC 21702 is guilty of a misdemeanor.3
The driver will also receive a fine. The fine amount is between $100 and $1,000.4
3. Legal defenses
A driver who exceeds permissible driving hours can raise a legal defense to show that he was innocent. If this is done, though, it’s best for the driver to contact an attorney for help.
There are two common defenses to a violation of Vehicle Code 21702. These are:
- There was a mistake in computing hours driven; and,
- There was an emergency or accident requiring longer drive hours.
4. Ignoring tickets for driving too many hours
Bus and truck drivers cannot ignore a ticket for violating Vehicle Code 21702. Two things result if this happens. These are:
- The driver violates California Vehicle Code 40508 VC, for the failure to appear in court on a traffic citation; and,
- The driver receives penalties for violating VC 40508.
4.1. Violation of Vehicle Code 40508
If a driver gets a ticket in California, he must sign a written promise to appear in court.
If the driver willfully fails to appear, he violates Vehicle Code 40508 VC.5 The driver willfully fails to appear when he is willingly a no-show. It’s not even a defense if the driver did not intend to break the law.6
It also does not matter whether the offending driver is guilty or innocent of the underlying traffic ticket.7 He violates Vehicle Code 40508 just by breaking a promise to:
- Appear in court,
- Appear to pay bail,
- Pay bail in installments,
- Pay a fine within the time authorized, or
- Comply with any condition of the court.8
4.2. Penalties for violating VC 40508
A violation of Vehicle Code 40508 VC is a misdemeanor. The penalties include:
- Up to six months in county jail, and/or
- A fine of up to $1,000.9
5. Personal injury lawsuits following a bus/truck accident
Violations of VC 21702 are unfortunately common. The violators compromise public safety and do cause serious accidents.
Persons must know that they can file a civil lawsuit against a driver following either a:
In a civil suit, the injured party may recover both compensatory damages and punitive damages. Examples of these include:
- Medical bills,
- Lost income
- Vehicle repair
- Pain and suffering
- Emotional pain
6. Related laws
There are several laws related to VC 21702. These include:
- Trucks and buses speeding over 55 miles per hour – Vehicle Code 22406;
- Passing a stopped school bus – Vehicle Code 22454(a); and,
- DUI and commercial drivers license – Vehicle Code 23152(d).
- Commercial vehicles failing to comply with CHP rules – Vehicle Code 34506 VC.
6.1. Trucks and buses speeding over 55 miles per hour – Vehicle Code 22406
California Vehicle Code 22406 VC imposes a maximum speed limit of 55 miles per hour for drivers of trucks and buses, when upon a California freeway.
Drivers that violate this code section must pay a fine. The amount of the fine depends on how fast the driver was driving. In general, fines can range from $285 to over $500.
Violators of VC 22406 will also receive either 1 or 1.5 points on their DMV driving record.10
6.2. Passing a stopped school bus – Vehicle Code 22454(a)
A driver that violates this code section receives:
- A fine of up to $695; and,
- One point on his DMV driving record.12
6.3. DUI and commercial drivers license – Vehicle Code 23152(d)
Potential court-ordered penalties for commercial drivers convicted of a first-time California DUI can include:
- Informal (summary) probation;
- Up to one year in county jail;
- Between $390 and $1,000 in fines; and/or
- A three to 36-month court-ordered California DUI school.
Penalties increase with subsequent convictions.
Legal References:
- Vehicle Code 21702(a) VC. The language of the code section states that:(a) No person shall drive upon any highway any vehicle designed or used for transporting persons for compensation for more than 10 consecutive hours nor for more than 10 hours spread over a total of 15 consecutive hours. Thereafter, such person shall not drive any such vehicle until eight consecutive hours have elapsed.
Regardless of aggregate driving time, no driver shall drive for more than 10 hours in any 24-hour period unless eight consecutive hours off duty have elapsed.
(b) No person shall drive upon any highway any vehicle designed or used for transporting merchandise, freight, materials or other property for more than 12 consecutive hours nor for more than 12 hours spread over a total of 15 consecutive hours. Thereafter, such person shall not drive any such vehicle until eight consecutive hours have elapsed.
Regardless of aggregate driving time, no driver shall drive for more than 12 hours in any 24-hour period unless eight consecutive hours off duty have elapsed.
(c) This section does not apply in any case of casualty or unavoidable accident or an act of God.
(d) In computing the number of hours under this section, any time spent by a person in driving such a vehicle outside this state shall, upon the vehicle entering this state, be included.
(e) Any person who violates any provision of this section is guilty of a misdemeanor and is punishable by a fine of not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000) for each offense.
(f) This section shall not apply to the driver of a vehicle which is subject to the provisions of Section 34500.
- Vehicle Code 21702(b) VC.
- Vehicle Code 21702 (e) VC.
- See same.
- Vehicle Code 40508 VC.
- CALCRIM 2240, endnote 1.
- See same.
- Vehicle Code 40508 VC, endnote 1.
- California Penal Code 19 PC.
- See California DMV.
- Vehicle Code 22454(a) VC.
- See California DMV.
- Vehicle Code 23152(d) VC.