The Complete Guide to Hours of Service: HOS Compliance
July 19, 2021
July 19, 2021
The Federal Motor Carrier Service Administration (FMCSA), part of the Department of Transportation (DOT), lays out regulations for drivers of commercial vehicles that define their permissible number of driving hours per day and the number of on-duty hours per week. The Federal Highway Administration (FHWA) also plays a key role in overseeing HOS compliance, safety enforcement, and the implementation of electronic logging devices (ELDs) to monitor and enforce trucking safety standards. These rules, called Hours of Service (HOS) rules, provide an essential framework for how drivers must structure their driving and work time. The goal of the rules is to ensure that drivers of heavy vehicles are getting enough rest to improve road safety. Adequate rest and sufficient rest are critical for preventing driver fatigue and ensuring safety, as HOS regulations require minimum rest periods and off-duty time to help drivers avoid fatigue-related incidents. Between 2011 and 2015, an average of 32,000 crashes involving drowsy driving caused injuries each year, and an average of 732 caused fatalities, according to the National Highway Traffic Safety Administration. Those figures are for all drivers, but it’s obviously a particular problem when truck drivers snooze off at the wheel: In the majority of crashes between trucks and smaller vehicles, it’s the passenger vehicle occupants who are injured or killed This article provides a run-down of a lot that you need to know, including information on how to comply with FMCSA hours of service rules and what happens if you don’t. Accurate HOS tracking is essential for regulatory compliance and safety, as agencies like FMCSA and the DOT rely on precise recording of drivers' Hours of Service through ELDs. It’s important to note that the rules vary depending on whether a vehicle carries passengers or property. This article is about property-carrying vehicles only.
Hours of Service regulations — contained in Part 395 of the Federal Motor Carrier Safety Regulations — were first published in December 2011 to allow the FMCSA to oversee the operations of commercial vehicles in interstate commerce.
The HOS Final Rule, issued by the FMCSA, amended hours-of-service rules by introducing requirements such as the mandatory 30-minute break, with the goal of improving driver safety and reducing fatigue. This rule has had a significant impact on HOS compliance by updating enforcement policies and clarifying legal obligations for commercial drivers.
The regulations lay out specific rules for how many hours in a row drivers can work and what breaks they are required to take. HOS regulations are designed to limit driver's hours, helping to prevent fatigue-related accidents and ensure safety on the road. Here are the key regulations impacting drivers’ schedules:
Drivers can only drive a maximum of 11 hours in a 14-hour window, which starts when the driver begins their on-duty period, meaning that they must have 10 consecutive hours off duty in a 24-hour period.
The HOS 14-hour rule says drivers must complete their 11 maximum driving hours within a 14-hour window. Driving time is defined as time spent at the driving controls of a commercial motor vehicle.
Within the 14-hour window in which they are permitted to drive, drivers must take a 30-minute rest break after being on duty for 8 hours (though not necessarily driving the whole time). Rest breaks can be logged in one of two ways: as off-duty time or as time resting in the sleeper berth. The sleeper berth period refers to the time a driver spends resting in a designated sleeper compartment, and the sleeper berth provision allows drivers to split their required rest periods into separate segments, such as an 8-hour sleep period, to meet HOS compliance. Sleeper berth time is the specific duration a driver spends in the sleeper berth, and it plays a critical role in meeting HOS regulations by providing flexibility in scheduling rest and ensuring driver safety.
Drivers can only drive a maximum of 60 hours in a seven-day period, and a maximum of 70 hours in eight days. These limits are based on weekly driving hours as regulated by the FMCSA. Once drivers reach those limits, they must stop driving for at least 34 hours. This 34-hour break allows drivers to reset their duty cycle and start a new period of allowable weekly driving hours. This 70-hour-8-day rule forces drivers to take a proper break after a solid period of work.
Once drivers have hit the 60- or 70-hour limits in seven or eight days, drivers can take 34 consecutive hours off duty or in a sleeper berth in order to reset those limits. The 34-hour restart ensures drivers have enough off duty time to recover and get sufficient rest before beginning a new duty cycle, supporting HOS compliance and promoting safety.
DOT driving regulations are aimed at eliminating accidents caused by overtired drivers. The rules stipulate the maximum number of consecutive hours a commercial truck driver can work before taking a break. It also regulates how many hours total they can work in a week or an eight-day period. Violating the HOS rules carries big risks for drivers; their carrier’s safety rating can be damaged, they may be forced out of service for a period of time, and/or they may have to pay fines or face other penalties. In extreme cases in which people knowingly break these rules, jail time can result.
The driver's employer plays a critical role in overseeing and enforcing HOS compliance, as motor carriers are responsible for monitoring driver logs, ensuring adherence to regulations, and addressing violations to maintain safety standards.
HOS regulations apply only to commercial motor vehicles in interstate commerce. These regulations cover both property-carrying and passenger carrying drivers, as well as passenger carrying vehicles, with some different requirements for each group. Interstate commerce is the transfer of goods, services, and/or passengers across state borders. Intrastate commerce, by contrast, is the movement of goods, services, and/or passengers within the borders of one state. While HOS regulations do not apply to intrastate commerce, each state has its own hours of service regulations that apply to intrastate commerce.
A driver carrying goods (not passengers) can only drive a maximum of 11 hours in one day, after logging 10 consecutive hours off duty. Vehicles that carry passengers are subject to different rules. Drivers transporting hazardous materials may be subject to additional HOS requirements, including specific regulations for the classification, handling, and placarding of hazardous materials to ensure safety and compliance during transport.
There are a range of exceptions to hours of service regulations. Some HOS exceptions depend on the gross combination weight rating (GCWR) of the vehicle, as HOS rules typically apply to vehicles with a GVWR or GCWR exceeding 10,001 pounds. Here are a few of the most commonly encountered:
There are a few instances in which drivers are exempt from the 30-minute rest break rule. DOT laws say that short-haul drivers who are keeping within 115.08 miles of the work reporting location for the day (called the “100 air-mile radius rule”) are exempt.
Drivers who keep within a 150 air-mile radius in a truck that does not need a CDL license (CDL) can quality for this exception, which allows the driver to extend the 14-hour driving window to 16 hours on two days in a consecutive seven or after any 34-hour restart.
Once every seven consecutive days, a driver can extend the 14-hour driving window to 16 hours assuming the driver meets the criteria to qualify. The criteria resolves around the driver returning to the normal work reporting location (see page 9 of this document for details).
Drivers who experience dangerous or adverse conditions can extend their maximum truck driver hours to 13, presuming that they could not have known about the conditions ahead of time, including through basic common sense.
In emergency conditions that are declared or acknowledged by a federal or state institution, some or all HOS regulations can be temporarily lifted. Drivers should check FMCSA's list of active emergency declarations to get specifics about a given situation.
Electronic logging has become a cornerstone of hours of service (HOS) compliance for today’s commercial motor vehicle operators. Electronic logging devices (ELDs) are now required by the Federal Motor Carrier Safety Administration (FMCSA) to replace traditional paper logs, ensuring that driving time, on duty time, and rest periods are recorded automatically and accurately. ELDs connect directly to a vehicle’s engine, capturing real-time data on when a driver is operating the vehicle, when they are on duty but not driving, and when they are taking required rest periods. This automation not only reduces the risk of human error and logbook falsification but also streamlines compliance with HOS regulations, such as the 11-hour driving limit, 14-hour duty period, and mandatory 30-minute breaks. For fleet managers, electronic logging devices provide a powerful tool to monitor duty time, ensure drivers are adhering to hours of service hos rules, and quickly identify potential compliance issues. By leveraging ELD technology, commercial drivers and their employers can focus on safe, efficient operations while minimizing administrative burdens and supporting federal motor carrier safety objectives.
A record of duty status (RODs) is a log of hours worked and breaks taken, which drivers must keep to show their compliance with HOS to roadside inspection officers. Think of it as a work hours logbook. A RODs is a document kept by a specific driver regarding their activities and is not tied to a particular truck or carrier. In the case of co-drivers, each keeps their own separate DOT logbook. The ROD must include a specific set of information:
Drivers must also record the location where each duty status occurs. If a duty status change happens outside a recognizable city or town, the location should be documented using the nearest two intersecting roadways. This ensures accurate and compliant records for inspections and audits.
There are many types of HOS violations that can get a driver in trouble. But certain ones seems to come up the most often. Common DOT log violations include:
Violations may be discovered by various authorities, including a driver's carrier that is tracking driving hours; the police at a roadside inspection; or DOT authorities at a weigh station. Violations may also be discovered if the driver has a collision while operating the vehicle over HOS-regulated driving hours.
Violating DOT hours rules leads to penalties, which can apply to the driver and/or the carrier. Here are a few common hours of service violation penalties that drivers and carriers face:
While HOS compliance used to be hard to verify due to the easily falsifiable nature of paper logbooks, recent laws have banned the use of handwritten logs. In 2017, a mandate requiring drivers to use electronic logging devices (ELD) went into effect. The rule requires the use of either an ELD or an automatic on board recording device (AOBRD) to create RODs for each driver. ELDs, also called electronic logbooks or e-logs, automatically record driving time, making a commercial driver logbook violation much easier to detect. So if you're a truck driver wanting to prove that you followed the HOS 70-hour rule or the 30-minute break rule for truck drivers, the best way to do so is to maintain your ELD and have its report readily available. Oh, and of course, follow the rules. This will allow you to avoid penalties.
Fleet managers are at the heart of ensuring hours of service compliance across their operations. Their responsibilities extend beyond simply tracking driving hours—they must actively educate drivers about hos regulations, monitor duty status, and maintain accurate records of all on-duty and off-duty periods. Effective scheduling is crucial, as managers need to ensure that drivers have enough time for required rest periods and do not exceed weekly limits on driving hours. Regularly auditing driver logs and electronic records helps identify potential violations before they become costly issues. When discrepancies or violations are found, it’s up to the manager to take corrective action, whether through additional training, schedule adjustments, or disciplinary measures. By fostering a culture of compliance and open communication, fleet managers not only reduce the risk of fines and penalties but also enhance driver safety and protect the reputation of their motor carrier. Ongoing training and clear policies ensure that every team member understands the importance of HOS compliance and their role in maintaining it.
Hours of service audits are a vital part of maintaining compliance with FMCSA regulations for any commercial motor vehicle operation. During an audit, inspectors will thoroughly review driver logs, electronic logging device data, and supporting documents to verify that all HOS rules are being followed. This process may include examining driver qualification files, vehicle maintenance records, and hours of service logs to spot inconsistencies or violations. Fleet managers play a key role in preparing for these audits by ensuring that all records are accurate, complete, and readily accessible. Being audit-ready not only demonstrates a commitment to hours of service compliance but also helps avoid costly fines and reputational harm. Audits can be conducted by FMCSA officials, state transportation departments, or other authorized agencies, so it’s essential for both drivers and managers to maintain meticulous records and stay up to date with current regulations. Proactive preparation and attention to detail can make the audit process smooth and stress-free for everyone involved.
Adopting best practices for hours of service compliance is essential for commercial motor vehicle operators aiming to prevent driver fatigue and maintain a safe, efficient fleet. Accurate and up-to-date recordkeeping is the foundation of compliance—leveraging electronic logging devices and fleet management software can greatly simplify this process. Regular training sessions for drivers ensure everyone understands the latest HOS regulations and the importance of adhering to them. Fleet managers should conduct internal audits to catch potential violations early and establish clear, written policies outlining HOS expectations and procedures. Encouraging open communication between drivers and management helps address concerns before they become compliance issues. By prioritizing these best practices, motor carriers can reduce the risk of fatigue-related incidents, improve operational efficiency, and maintain a strong safety record in the competitive trucking industry. Continual review and updating of HOS policies ensure ongoing compliance as regulations evolve and new challenges arise.
After the ELD mandate was implemented in 2017, various industry stakeholders proposed changes to the HOS regulations. In June 2020, FMCSA revised some HOS rules to give drivers greater flexibility while maintaining safety. The rules went into effect in September 2020. Here are a few of the changes:
Keeping in compliance with HOS regulations is a serious and complex business. With the advent of ELD and a mandate for their use, tracking hours and staying in line with rules has become easier. Drivers are able to track hours and maintain HOS compliance with a few clicks. There are many excellent ELD options on the marketplace. To ensure accurate reporting every time and it's essential for carriers to choose a reliable technology partner, such as Geotab ELD, a fleet compliance management solution for monitoring and recording HOS. Drivers use the Geotab Drive app from a mobile device to manage their duty status and log their hours. Drivers do a demanding job, and FMCSA hours of service regulations only make it more so. Staying on top of rule changes, maintaining compliance, and — of course — staying safe are priorities that can be made easier with the right technology in place. For a complete fleet safety 101, read our blog.
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