The transportation and trucking sector is crucial in keeping the economy going. Along with that responsibility, though, comes the necessity for stringent safety standards—specifically regarding how many hours drivers can be behind the wheel. To prevent accidents related to driver fatigue, the U.S. Department of Transportation (DOT), via the Federal Motor Carrier Safety Administration (FMCSA), mandates Hours of Service (HOS) regulations.
These rules specify how many hours commercial motor vehicle (CMV) drivers are allowed to drive and work within a day or a week, and how long they need to rest between shifts. Knowing HOS rules is critical for commercial drivers, trucking companies, dispatchers, and even attorneys who practice transportation law.
What Are Hours of Service (HOS) Rules?
HOS regulations are a set of rules that govern the working hours of anyone operating a commercial motor vehicle in the United States. The primary purpose is to prevent driver fatigue, reduce crashes, and enhance overall road safety.
These rules apply to:
- Drivers of commercial trucks and buses
- Operators of vehicles over 10,000 pounds
- Vehicles transporting hazardous materials
- Carriers who operate across state lines (interstate commerce)
The FMCSA enforces these rules using audits, roadside inspections, and electronic logging devices (ELDs) that track drivers’ hours automatically.
Key Components of the HOS Regulations
There are several key time limits that make up the foundation of HOS regulations. These limits apply to most property-carrying CMV drivers, though there are variations for passenger-carrying drivers and specific exceptions.
11-Hour Driving Limit
A driver may drive a maximum of 11 hours after 10 consecutive hours off duty. This rule ensures that drivers rest adequately before a long driving shift.
14-Hour Limit
Drivers are not allowed to drive beyond the 14th consecutive hour after coming on duty. Off-duty time does not extend this 14-hour window.
For example, if a driver starts work at 6 a.m., they cannot drive after 8 p.m., even if they took breaks during the day.
30-Minute Break Requirement
After 8 cumulative hours of driving without at least a 30-minute break, drivers must take a 30-minute off-duty, sleeper berth, or on-duty break (not driving). This rule promotes short periods of rest to reduce fatigue.
60/70-Hour Limit
- A driver may not drive after 60 hours on duty in 7 consecutive days.
- Alternatively, a driver may not drive after 70 hours on duty in 8 consecutive days.
This depends on the carrier’s operations. Drivers can restart their 7- or 8-day calculation by taking 34 consecutive hours off duty, known as the “34-hour restart” rule.
Sleeper Berth Provision
Drivers can split their 10-hour off-duty period using the sleeper berth, provided:
- One period is at least 7 consecutive hours spent in the sleeper berth.
- The other period is at least 2 consecutive hours, either off-duty or in the sleeper berth.
- The two periods must total at least 10 hours and neither period counts against the 14-hour limit.
Adverse Driving Conditions Exception
If unexpected weather, traffic, or road conditions delay the trip, drivers may extend their driving time by up to 2 hours, making the maximum 13 hours for that day.
This only applies when the delay was unforeseeable at the time the trip started.
Short-Haul Exemption
Drivers who operate within a 150 air-mile radius of their work reporting location and return there within 14 hours may be exempt from using a logbook or ELD. They must still adhere to the 11-hour driving limit.
Who Must Comply with HOS Regulations?
HOS rules apply to commercial drivers involved in interstate commerce who:
- Operate vehicles with a gross vehicle weight rating (GVWR) of 10,001 pounds or more
- Transport hazardous materials requiring placarding
- Carry more than 8 passengers (including the driver) for compensation
- Carry more than 15 passengers (including the driver) not for compensation
Some intrastate drivers are also subject to similar regulations depending on their state’s rules.
Penalties for Violating HOS Rules
Violations of HOS regulations can result in serious consequences, including:
- Fines: Drivers or motor carriers can be fined hundreds or thousands of dollars per violation.
- Out-of-Service Orders: Law enforcement officers may place drivers out of service until they have had the required off-duty time.
- Lower Safety Ratings: Violations negatively affect a carrier’s safety score, potentially impacting insurance rates and business opportunities.
Increased Liability: If a driver involved in a crash is found to have violated HOS rules, it could increase the carrier’s liability and lead to larger settlements or judgments in lawsuits.
Role of Electronic Logging Devices (ELDs)
As of December 2017, most commercial drivers are required to use Electronic Logging Devices (ELDs) to record driving hours. These devices:
- Automatically record driving time and location
- Help enforce HOS rules more consistently
- Replace paper logbooks for most drivers
ELDs are critical tools for both compliance and enforcement, offering real-time data to drivers, carriers, and law enforcement.
Why HOS Regulations Matter
Fatigue is one of the leading causes of crashes involving commercial vehicles. By ensuring drivers have adequate rest and limiting driving hours, HOS regulations aim to:
- Reduce accidents and fatalities
- Protect drivers’ health and well-being
- Improve overall safety for all road users
- Hold carriers accountable for safe operations
In the legal world, HOS compliance—or the lack thereof—can play a pivotal role in accident investigations and lawsuits. Attorneys often review logbooks, ELD records, and work schedules to determine whether fatigue contributed to a crash.
Legal Implications of HOS Violations
In truck accident lawsuits, evidence of HOS violations can significantly affect liability. If a driver exceeded their allowed hours and caused a crash, both the driver and the carrier may be held liable for negligence.
Plaintiffs’ attorneys often request ELD data and service records to uncover violations. In some cases, falsifying log books or pressuring drivers to exceed limits may even open the door for punitive damages.
Tips for Staying Compliant with HOS Rules
For drivers and carriers aiming to stay compliant with DOT regulations, the following tips are essential:
- Use ELDs accurately: Ensure the devices are installed, maintained, and used correctly.
- Plan routes wisely: Account for potential delays, weather, and rest breaks when planning schedules.
- Educate dispatchers: Dispatchers should understand HOS rules to avoid pushing unrealistic deadlines.
- Keep documentation organized: Retain duty status records, inspection reports, and supporting documents for required periods.
Promote driver wellness: Encourage drivers to get proper rest, stay hydrated, and report fatigue concerns.
Recent Changes and Reforms
Over the years, FMCSA has made adjustments to HOS rules to improve safety and flexibility. Some recent reforms include:
- Allowing more flexible sleeper berth splits (7/3 or 8/2 combinations)
- Expanding the short-haul exemption from 12 to 14 hours
- Extending driving windows in adverse conditions
These changes are part of FMCSA’s ongoing efforts to balance safety with the operational realities of the transportation industry.
About the Author
Neil Bhartia
Neil Bhartia isn’t your typical, stuffy attorney that you see on TV. While some have their sights exclusively on money and treat their clients like a number, Neil takes a personal interest in every single client he has. As an empath, Neil understands that people that seek legal help are typically in an involuntary, and stressful situation, and he goes out of his way to diffuse the stress and educate clients on each every detail of the legal process.
