Truck Accident Claims: FMCSA Hours of Service, ELD/RODS, and Georgia Spoliation. 49 CFR § 395.3 (eCFR, Title 49 last amended 8/31/2026): no driving a property-carrying CMV without first taking 10 consecutive hours off duty. Call (470) 852-6328. Cooper Law publishes no case results.
Reviewed by Omar A. Cooper, Esq. · Last updated September 3, 2026
Federal hours-of-service floors
11/14/10
O.C.G.A. § 24-14-22 (2025, opened): if a party has evidence in such party's power and within such party's reach by which he or she may repel a claim or charge against him or her but omits to produce it, or if such party has more certain and satisfactory evidence in his or her power but relies on that which is of a weaker and inferior nature, a presumption arises that the charge or claim against such party is well founded; but this presumption may be rebutted.
60/7 and 70/8
No Georgia statute fetched sets a numbered deadline to send an 'ECM preservation letter.' The legal hook is the Phillips/Cooper Tire duty once litigation is reasonably foreseeable, plus § 24-14-22 if a party with control omits to produce. Do not invent an ECM-letter countdown.
30-minute break
Do not promise any recovery. Cooper Law: (470) 852-6328.
O.C.G.A. § 24-14-22: Rebuttable presumption if a party withholds evidence in its power; may be rebutted.
ELD and record retention
December 18, 2017
49 CFR § 395.3 (eCFR, Title 49 last amended 8/31/2026): no driving a property-carrying CMV without first taking 10 consecutive hours off duty. A driver may not drive after 14 consecutive hours after coming on-duty following 10 hours off.
A driver may drive a total of 11 hours during that 14-hour period. Except short-haul exceptions in § 395.1(e)(1) or (2), driving is not permitted if more than 8 hours of driving time have passed without at least a consecutive 30-minute interruption (off-duty, sleeper berth, on-duty not driving, or a combination).
Weekly limits, 49 CFR § 395.3(b): no driving after having been on duty 60 hours in 7 consecutive days if the carrier does not operate CMVs every day of the week, or 70 hours in 8 consecutive days if the carrier does operate every day of the week.
49 CFR § 395.8(a)(1)(i) (Cornell LII e-CFR text opened): a motor carrier operating CMVs must install and require each of its drivers to use an ELD to record the driver's duty status in accordance with subpart B no later than December 18, 2017. Limited paper exceptions include not more than 8 days of RODS in any 30-day period, specified driveaway-towaway operations, and vehicles manufactured before model year 2000.
6-month carrier file
49 CFR § 395.8(k)(1): a motor carrier shall retain records of duty status and supporting documents required under this part for each of its drivers for a period of not less than 6 months from the date of receipt. (k)(2): the driver shall retain a copy of each RODS for the previous 7 consecutive days in his/her possession while on duty.
49 CFR § 395.20 (Cornell LII opened): subpart B applies to ELDs used to record a driver's hours of service under § 395.8(a). An ELD used after December 18, 2017 must meet the requirements of that subpart.
Cooper Tire & Rubber Co. v. Koch, 303 Ga.
336 (2018) (Justia opened): 'spoliation' is the destruction or failure to preserve evidence relevant to contemplated or pending litigation (quoting Phillips v. Harmon, 297 Ga.
7-day driver copy
386). The duty to preserve arises when the party actually anticipates or reasonably should anticipate litigation — not only after a lawsuit is filed.
The most severe sanctions (adverse-inference charge, default, dismissal) are reserved for exceptional cases of intentional bad-faith destruction causing incurable prejudice; mere negligence normally lesser sanctions or none.
49 CFR § 395.3: Property-carrying: 11 hours driving inside a 14-hour window after 10 hours off; 60/7 or 70/8 weekly.
49 CFR § 395.8: ELD required no later than December 18, 2017; carrier keeps RODS at least 6 months.
Georgia spoliation
Duty when litigation is reasonably foreseeable. Do not invent a letter deadline.
Georgia law that applies
- 49 CFR § 395.3 — Property-carrying: 11 hours driving inside a 14-hour window after 10 hours off; 60/7 or 70/8 weekly.
- 49 CFR § 395.8 — ELD required no later than December 18, 2017; carrier keeps RODS at least 6 months.
- O.C.G.A. § 24-14-22 — Rebuttable presumption if a party withholds evidence in its power; may be rebutted.
Attorney advertising. This is general information about Georgia law, not legal advice for a particular person, and it does not create a lawyer-client relationship.
What this page does not claim
Cooper Law publishes no case results and no client quotes. This page does not promise a recovery, name an average settlement, claim Spanish-language service, or describe a satellite office. The only office is 260 Peachtree St NW, Atlanta, GA 30303. Call (470) 852-6328.
Related pages
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- truck accident lawyer
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- wrongful death lawyer
- Atlanta car accident lawyer
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Sources: 49 CFR § 395.3 - eCFR · 49 CFR § 395.8 - Cornell LII · 49 CFR § 395.20 - ELD applicability · O.C.G.A. § 24-14-22 (2025) · Cooper Tire v. Koch, 303 Ga. 336 (2018) · Cooper Law - no ECM-letter statute fetched
The firm
Owner-confirmed: Omar A. Cooper, Esq., J.D. Northwestern, GA Bar Sept 8 2023; 260 Peachtree St NW; (470) 852-6328.
Attorney advertising disclaimer on every published page.
Where these facts were opened
Each fact on this page was opened at the source listed in the verified brief. 49 CFR § 395.3 - eCFR; 49 CFR § 395.8 - Cornell LII; 49 CFR § 395.20 - ELD applicability; O.C.G.A. § 24-14-22 (2025); Cooper Tire v. Koch, 303 Ga. 336 (2018); Cooper Law - no ECM-letter statute fetched.
49 CFR § 395.3 (eCFR, Title 49 last amended 8/31/2026): no driving a property-carrying CMV without first taking 10 consecutive hours off duty. A driver may not drive after 14 consecutive hours after coming on-duty following 10 hours off. A driver may drive a total of 11 hours. Opened at 49 CFR § 395.3 - eCFR.
FAQs
How many hours can a property-carrying truck driver drive?
49 CFR 395.3: 11 hours driving inside a 14-hour window after 10 consecutive hours off; weekly 60 hours in 7 days or 70 hours in 8 days depending on whether the carrier operates every day.
When did ELDs become required?
49 CFR 395.8(a)(1)(i): motor carriers must install and require ELDs no later than December 18, 2017, with listed paper exceptions (8-in-30 days, specified driveaway-towaway, pre-2000 vehicles).
How long must a carrier keep logs?
At least 6 months from the date of receipt (395.8(k)(1)). Drivers keep the previous 7 days on their person while on duty ((k)(2)).
The trucking company overwrote the ECM — is that spoliation?
Under Cooper Tire/Phillips, if they had a duty to preserve (litigation contemplated or reasonably foreseeable) and failed to preserve relevant evidence, sanctions may follow. Fact-specific; trial-court discretion. § 24-14-22 supplies a rebuttable presumption if a party omits evidence in its power.
Do I need a preservation letter?
No numbered Code deadline for an ECM letter was fetched. Phillips duty can arise from circumstances even without a letter; a letter is evidence of notice.
Talk to Cooper Law
Reviewed by Omar A. Cooper, Esq. Call (470) 852-6328 or send the details. The office is 260 Peachtree St NW, Atlanta, GA 30303.
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