Hours-of-Service (HOS) Violations – FAQ

Hours-of-Service (HOS) Violations – FAQ
1. What is an Hours-of-Service (HOS) violation?
An HOS violation occurs when a driver exceeds federally mandated driving or on-duty limits or fails to maintain proper logs. These rules are enforced under 49 CFR §395.3 and 49 CFR §395.8.

2. What FMCSA codes apply to HOS violations?
49 CFR §395.3 – Maximum driving and on-duty limits
49 CFR §395.8 – Driver’s record of duty status (logs/ELD compliance)

3. Why are HOS violations important?
HOS violations are the leading driver-related OOS issue. They prevent fatigue-related accidents and protect both drivers and the public. Exceeding limits can lead to Out-of-Service orders, fines, and CSA score increases.

4. What are the most common HOS violations?
Driving more than 11 hours without required rest (49 CFR §395.3)
On-duty time exceeding 14 hours (49 CFR §395.3)
Falsifying logbooks (49 CFR §395.8)
Failing to record duty status correctly on an ELD (49 CFR §395.8)

5. What happens if I commit an HOS violation?
Driver may be placed Out-of-Service (OOS) immediately (49 CFR §395.3)
Fines and penalties can be issued
CSA points will increase, affecting carrier and driver safety scores

6. How do inspectors check for HOS compliance?
Review driver logs (paper or ELD) (49 CFR §395.8)
Verify on-duty and driving hours (49 CFR §395.3)
Check for false or missing entries (49 CFR §395.8)

7. How can I prevent HOS violations?
Plan routes with legal driving/rest limits in mind (49 CFR §395.3)
Log hours in real-time using a compliant ELD (49 CFR §395.8)
Take rest breaks before limits are reached (49 CFR §395.3)
Avoid falsifying duty status (49 CFR §395.8)

8. What is an ELD, and why is it important for HOS?
An Electronic Logging Device (ELD) automatically tracks driving time to ensure compliance with HOS rules (49 CFR §395.8). Proper use reduces the risk of fines, OOS orders, and CSA points.

9. Can I drive if I’m over the HOS limits?
No. Driving beyond 11 hours of driving or 14 hours on-duty is a federal violation (49 CFR §395.3) and will result in an OOS order.

10. How often should I check my HOS logs?
Daily before starting your shift (49 CFR §395.8)
Regularly throughout your route to avoid accidental violations