If you’ve ever spotted a semi-truck parked on the side of a highway exit, you’re not alone. The growing issue of large trucks blocking rest areas, exit ramps, and other crucial parts of the roadway has become more common in the last few years. With large companies like Amazon increasing the number of shipping trucks filling U.S. roads, a problem that is becoming more frequent is the severe danger a parked commercial truck poses when it is done so illegally.
Considered a sitting duck due to its lack of protection, a parked semi-truck can create a dangerous environment for its operator and other drivers on the road. These massive vehicles have the potential to block the view of curves or work zones, cause other drivers to veer into different lanes to avoid them or be the cause of a collision. When a crash involves a semi-truck, the outcome can be devastating – often leading to significant injury or death.
So, what are the specific rules a commercial truck driver must follow when parking their vehicle? This page will cover the federal and Kentucky-based laws required for commercial truck drivers, along with the efforts recently taken by the Department of Transportation (DOT) to prevent further injuries and death.
Rules and Regulations for Commercial Truck Drivers
The Federal Motor Carrier Safety Administration (FMCSA) considers a commercial motor vehicle (CMV) a vehicle used as part of a business that is involved in interstate commerce, and fits any of the following descriptions:
- Has a gross vehicle weight or gross combination weight rating of 10,001 pounds or more;
- Transports 16 or more passengers (including the driver) not for compensation;
- Transports 9 or more passengers (including the driver) for compensation; or
- Transports hazardous materials in a quantity requiring placards.
When a person obtains a CDL license to legally operate a CMV, they must abide by the specific regulations set forth under 49 CFR 395. The hours of service for a CMV operator refers to the maximum amount of time that a driver may drive or be on duty.
According to FMCSA’s site, a CMV driver must take a 30-minute break after 8 cumulative hours of operation. Truck drivers are also required to take a 10-hour off-duty break after every 14 hours of operation to rest inside the sleeper berth. A sleeper berth is a compartment within a commercial truck that provides the driver with a place to rest and sleep in between long trips.
Important Laws in Kentucky
Commercial truck drivers in Kentucky must also abide by Ky. Rev. Stat. § 189.450, which explains that vehicles cannot stop, stand, or be left on any part of the roadway. The prohibited areas for stopping and parking include:
- Sidewalks or in front of sidewalk ramps;
- Driveways;
- Intersections;
- Crosswalks;
- Near traffic signs or signals;
- Controlled access highways;
- In tunnels;
- In front of fire hydrants; and
- Divided highway areas.
Any large semi-truck or commercial motor vehicle over 44,000 pounds cannot park on the shoulder of state highways, with the only exceptions being in an emergency or when directed to do so by police. If a commercial motor vehicle is disabled and stops on the shoulder of any state highway, interstate, or shoulder of a toll road, the vehicle must be removed within 24 hours. Violations can result in the police moving or towing such vehicles in violation of Kentucky law.
Were you recently in a car accident involving a semi-truck that was parked on the shoulder of the highway or blocking an exit ramp? Contact the Kentucky personal injury attorneys with Morrin Law to discuss the details of the incident.
DOT and Federal Changes for Safer Trucking Regulations
Despite the rules and regulations in place for individuals operating a commercial vehicle, recent years have shown that crash injuries and deaths have increased due to the struggle to find adequate parking for periods of rest.
The following information shows the U.S. Department of Transportation (DOT)’s coverage of the growing issue of illegal parking by CMV drivers and the efforts placed to combat dangerous roadway behavior from 2022-2024:
- 2022 – In September of 2022, the DOT held a meeting regarding the National Coalition of Truck Parking and Bipartisan Infrastructure Law to address the severe parking shortage for truck drivers. Earlier that year, the American Trucking Associations and Owner-Operator Independent Drivers Association contacted DOT in a letter to stress the scope of the issue. They cited that 98% of truck drivers reported issues finding a safe parking space for their required breaks, some quoting nearly an hour of driving time to find parking.
Federal Motor Carrier Safety Administration (FMCSA) Administrator, Robin Hutcheson, gave the following statement regarding the ongoing issue:
“One of the leading causes of truck crashes is driver fatigue. It is clear that adequate rest for drivers is foundational for safe operations. We have heard loud and clear from drivers—they need more places to rest and they need to be safe and secure while doing so.”
- 2023 – A year later in September 2023, FMCSA announced over $80 million in High Priority grants, including a 65% increase in funding for parking projects for truck drivers. This included:
- Expanding access to truck parking by providing dynamic message signs along the highways in Indiana, Delaware, and Kentucky to help truck drivers locate parking rest areas in real-time;
- Providing research that supports automated, location-based driver alerts through electronic logging to inform semi-truck drivers of upcoming work zones to improve safety;
- Enhancing the electronic screening technology that detects when a vehicle is violating certain highway safety regulations such as automated license plate readers, USDOT number readers, tire monitoring systems, and hazardous materials placard readers; and
- Outreach to truck drivers to provide education on combatting human trafficking given their extended time and attention on roads and highways.
- 2024 – FMCSA’s largest grant program was announced on June 3, 2024, to fund $480 million toward nationwide initiatives to prevent crashes, fatalities, and injuries that involve commercial motor vehicles. The funding will help support safety inspections of large trucks, investigations of motor carriers for safety concerns, combat distracted driving and other safety concerns, and ensure the safe movement of goods and passengers.
“The number of fatalities on our nation’s roadways involving commercial motor vehicles decreased by an estimated eight percent from 2022-2023,” said FMCSA Acting Deputy Administrator Sue Lawless. “We know the needle is moving in the right direction, but until we reach zero roadway deaths, there will always be more work to do.”
Scope of CMV and Semi-Trucks Parking on Highways, Ramps, and Exits
Traffic fatalities involving commercial trucks hit a crisis level in 2021. According to data provided by the National Highway Traffic Safety Administration, the total fatalities involving at least one large truck over 10,000 pounds increased from 4,965 to 5,601 from 2020 to 2021. This was a 13% increase in fatal collisions involving semi-trucks. This is the highest number of deaths seen for this subsection of motor vehicle crashes since 2005, and NHTSA’s largest annual percentage increase in its history.
A 2012 study by the Federal Highway Administration (FHWA) identified that truck parking shortage remains a widespread issue, estimating that by 2020 more than 190,000 long-haul trucks would need a place to park in route every day. The study also quoted a 2002 report stating:
“An inadequate supply of truck parking spaces can result in two negative consequences:
- Tired truck drivers may continue to drive because they have difficulty finding a place to park for rest; and
- Truck drivers may choose to park at unsafe locations, such as the shoulder of the road and exit ramps, if they are unable to find available parking.”
Additionally, the Commercial Vehicle Safety Alliance (CVSA) provided anecdotal evidence with the help of law enforcement agencies on hours-of-service (HOS) violations and illegal parking violations. Specific to Kentucky, there were 2,078 HOS violations and 19 truck parking violations in 2011.
The Kentucky Transportation Cabinet completed a Truck Parking Study in 2022 to identify the significant deficit of dedicated truck parking within the state. The study found that there is a deficit of approximately 1,700 parking spaces, which can lead to safety risks for all road operators and reduce Kentucky’s efficiency of freight movement.
By analyzing criteria such as interchange ramp parking, illegal rest area and weight station parking, site unmet parking demand, corridor unmet parking demand, parked truck crashes, and parking at big box stores, the study identified that 7 out of 10 top priority sites in need of truck parking occur on the following highways:
- I-71;
- I-75; and
- I-64.
What is the consequence of a CMV driver parking illegally on the road? It can lead to collisions with other drivers. Due to the size and weight of a semi-truck, it is common for crashes involving these vehicles to result in severe injury or even death.
One example of how illegal truck parking affects Kentucky was shown in a crash that took place in May 2019 along mile marker 111 on I-75. The crash occurred between a passenger car and a semi-truck that was parked illegally on the side of the road. The CMV driver, who was asleep at the time, felt a jolt and woke up to find that a car had crashed into him. The driver of the car fell asleep at the wheel and swerved into the parked semi. The driver of the passenger car was taken to the hospital for minor head injuries but due to the damage caused to the vehicle, Kentucky police said that he was lucky to be alive.
Another collision took place in Madison County in October 2023, when a truck driver fell asleep at the wheel and smashed into three other CMVs that were parked along the interstate’s shoulder. Two out of the four CMV drivers were taken to the hospital for their injuries.
While Kentucky law bans CMV operators from stopping or parking on the ramp or shoulder of any highway, CEO and President of Kentucky Trucking Association, Rick Taylor, explained to WKYT that there are still instances of drivers having no other option:
“The issue is that they have hours of service rules, which is a 14-hour day, but no longer than 11 hours driving, so they do have the need to park. In the country, there’s only 313,000 commercial truck parking spaces, but we have 3.5 million commercial vehicles, so obviously, the math does not add up. That’s about one space per eleven vehicles.”
Contact a Personal Injury Attorney to Represent your Kentucky Case
If you were recently injured in a car accident that you believe was caused by a CMV driver parking illegally on an exit ramp, highway shoulder, or roadway, there may be ways in which you can be compensated for the resulting damages. A Kentucky personal injury attorney who is knowledgeable about CMV regulations, Kentucky laws, and how to accurately fight for fair compensation after a negligent crash can help you file a claim. Contact the Office of Morrin Law today and let one of our commercial truck specialists assist you in fighting for fair compensation. Our goal is to get your life back on track. Call us today at (859) 358-0300 to receive a free consultation regarding your case.
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