Commercial drivers must adhere to stringent federal rules designed to prevent fatigue, which dictate precisely when they must cease driving and take a break. This mandatory requirement creates an immediate and pressing need for safe parking. However, this need often conflicts sharply with local traffic laws prohibiting the use of highway shoulders or entrance ramps for anything other than a true emergency. The core question, therefore, is whether the required hours of rest can legally be taken at the side of a busy public roadway.
Federal Regulations Governing Trucker Rest
The operational schedule for commercial motor vehicle drivers is governed by the Federal Motor Carrier Safety Administration (FMCSA) Hours of Service (HOS) rules (49 CFR Part 395). These regulations dictate the maximum time a driver can spend on the road to ensure adequate rest and alertness. A property-carrying driver is permitted to drive a maximum of 11 hours only after taking 10 consecutive hours off duty.
This driving time must occur within a 14-hour window, which begins when the driver starts any work for the day. Once this 14-hour period has started, the driver cannot drive past that limit, even if they spend some of that time off-duty. Additionally, if a driver has accumulated 8 cumulative hours of driving time, they must take a break of at least 30 consecutive minutes before continuing. These rules mandate stops at predetermined intervals to prevent dangerous fatigue.
The Legality of Roadside Parking
The federal mandate for rest does not override state and local traffic laws regarding parking. Parking a commercial vehicle on the shoulder of a limited-access highway or ramp is generally prohibited, as these areas are designated for emergency use only. Exceptions apply only when a vehicle is disabled and cannot be moved, or when directed by law enforcement.
Even during an emergency stop, the driver must immediately turn on hazard signals and place reflective triangles around the vehicle within 10 minutes (49 CFR 392.22). Parking on a shoulder or ramp for a planned rest break violates traffic law, regardless of the need to comply with HOS rules. Violations of these state and local laws can result in significant penalties, including traffic tickets and the costly towing of the commercial vehicle. Attempting to take the required 10-hour rest break on the roadside is a non-compliant action that exposes the driver to immediate legal enforcement.
Safety Risks of Sleeping on the Roadside
Parking a commercial vehicle on the side of a highway poses a significant risk of collision to the driver and the traveling public. Illegally parked trucks on shoulders or ramps are stationary objects in close proximity to high-speed traffic. The risk of being struck by a distracted or impaired driver is greatly increased, particularly on ramps and shoulders where visibility may be poor due to curves or hills.
Roadside parking also introduces serious personal security concerns for the driver. Isolated locations are more susceptible to criminal activity, such as theft or assault, especially when the driver is asleep inside the cab. Furthermore, entering or exiting the cab on a busy shoulder presents a physical danger due to the constant flow of traffic inches away from the driver.
Designated and Acceptable Truck Parking Options
When drivers need to take their mandatory rest break, several acceptable and legal options are available for parking commercial vehicles:
- Commercial truck stops, which represent the primary parking option and offer amenities like fuel, food, and often paid, secure parking spaces.
- State-run rest areas along interstates, though they frequently impose time limits, such as a maximum of two to three hours, which may not cover the full 10-hour rest requirement.
- Shipper or receiver facilities, such as distribution centers or industrial parks, though this depends entirely on the facility’s specific policies.
- Designated parking areas at carrier terminals or drop-lots for drivers to use between shifts.
These designated locations provide a legal and safer environment for drivers to complete their required off-duty time compared to an unauthorized roadside stop.
Understanding the Truck Parking Crisis
The Scope of the Shortage
The frequent use of illegal roadside parking stems from a severe, nationwide shortage of safe, accessible spaces for commercial vehicles. Current estimates indicate that there is only one available parking spot for every eleven trucks operating on the road. This profound imbalance between demand and supply forces drivers into an impossible choice: either violate their HOS regulations by driving while fatigued, or park in an undesignated and dangerous location.
Ninety-eight percent of truck drivers report regularly experiencing difficulty finding safe parking, often spending an average of one hour daily searching for a suitable spot. This wasted time directly impacts HOS compliance and reduces supply chain efficiency.
Addressing the Capacity Shortfall
The systemic problem is compounded by economic factors, including a lack of federal funding dedicated to expansion and “Not In My Backyard” (NIMBY) opposition that prevents the development of new facilities. The Truck Parking Safety Improvement Act is a bipartisan legislative effort aimed at directly addressing this capacity shortfall.
If enacted, the bill would establish a competitive federal grant program, potentially allocating hundreds of millions of dollars toward the construction of new truck parking areas. The proposed legislation also aims to fund the conversion of existing public spaces, such as weigh stations and closed rest areas, into usable truck parking locations. Until substantial progress is made to close the gap between parking demand and supply, many drivers will continue to face the safety and legal risks of parking on unauthorized roadsides.