Why a CDL Defense Strategy Matters for Accusations of HOS Rule Violations 

On Interstate 80 at the Truckee weigh station, CHP officers frequently inspect logbooks and electronic logs for Hours of Service violations. 

If they cite a driver, the impact goes beyond a fine. Paying the ticket (fine) is an admission of guilt, which can scar your Pre-employment Screening Program (PSP) and restrict your ability to negotiate better pay and benefits. 

CDL holders should always seek a consultation with a CA traffic attorney who aims for dismissal first, or when practical, negotiate an alternate no-point violation.

We regularly remind our clients: keeping a clean record protects your license, CA driving record, PSP, and your driving career.

Federal Interstate vs. California Intrastate HOS Rule Violations

Whether you run intrastate in California or interstate across state lines matters. The rules are not the same. 

Here is a comparison:

However, CDL holders should be aware of the possibility of a two-waiver for inclement weather and other delays, according to the DOT FMCSA’s Final Rule. 

California HOS regulations

In addition to federal rules, California has in-state regulations that commercial drivers who  operate entirely within the state must follow.

It is important to note that California's meal and rest break rules for truck drivers are stricter than DOT FMCSA HOS rules: 

• Meal Breaks: Drivers must take a 30-minute unpaid meal break for every 5 hours worked.
• Rest Breaks: Drivers must take a paid 10-minute rest break for every 4 hours worked.
• Split-shift regulations: Drivers working a split shift may also have additional requirements. 

Therefore, commercial drivers in California must be aware of and comply with these requirements.

Important HOS Rules for Property-Carrying Drivers

• Daily limit: No more than 11 driving hours in a 14-hour duty window after ten hours off-duty.
• 30-minute break: Take a break by the 8th cumulative hour of driving.
• Weekly limit: 60/70-hour maximum in 7/8 days. Reset after 34 consecutive hours off-duty.
• Adverse conditions: Extends driving and working hours by up to two hours in adverse weather conditions and other challenging circumstances. These must be documented in the Electronic Logging Device (ELD).

HOS Rules for Passenger-Carrying Vehicles

• Daily limit: No more than ten hours driving after eight hours off-duty.
• On-duty cap: Cannot drive after 15 on-duty hours.
• Weekly limit: Same as property-carrying—60/70 hours in 7/8 days.
• Adverse conditions: Driving time can be extended by up to two hours.

California’s Special HOS Rules and Short-Haul Exemptions

California rules differ from federal law in key areas. 

For instance:

• 100-air-mile exemption: Short-haul drivers may qualify without needing an ELD.
• Agricultural exemptions: Seasonal allowances apply for drivers hauling farm commodities.

These differences cause confusion, especially for drivers switching between intrastate and interstate work in California.

Facing Citations for HOS Rule Violations

We often see drivers receive tickets for speeding in a CMV, overweight violations, and HOS rule violations. 

The consequences are real—hefty fines, CA NOTS and CSA points that tarnish your driving record and threaten your CDL.

By consulting a CDL traffic attorney, you gain experienced defense in Truckee Courthouse. Our role is to challenge the evidence, request dismissal and/or negotiate alternative no-point convictions with a fine only, and shield your driving record.

4 Reasons You Should Choose Bigger & Harman 

1. Flexible availability
2. Free consultations
3. A track record of success
4. Se habla Español

Contact Bigger & Harman About Accusations of HOS Rule Violations

If you’ve been accused of HOS rule violations near Truckee in Nevada County, CA, we strongly recommend speaking with a CDL traffic attorney. 

Bigger & Harman regularly appear in Truckee Courthouse to defend commercial driver clients and understand how Nevada County judges handle these cases.

Our team defends commercial drivers cited at the I-80 weigh station near Truckee. 

We focus on dismissal, or negotiating a no-point alternative. This protects your CA driving record, PSP record, and your driving career.

Call us at (661) 349-9300 or (661) 349-9755 (se habla Español) for a free consultation. 

Consider using our user-friendly contact form to arrange a free consultation, or email us at attorney@biggerharmanlaw.com.

Download our e-book, Protecting Your Commercial Driver License.

❓ Frequently Asked Questions (FAQ) Section

Q: What are the penalties for HOS rule violations in Truckee, CA?

A: The penalties vary according to the violation. However, CA fines, NOTS points, CSA points and time-weight multiple, possible civil fines, possible CA driver’s license suspensions and/or FMCSA driver disqualification, and employer discipline are all possibilities. The CA DMV and the DOT FMCSA track repeat offenses—especially “serious and major offenses, such as reckless driving, HOS rule violations, excessive speeding, DUIs, cell phone use, and many others.

Q: Do California’s commercial driving rules differ from federal HOS rules?

A: Yes. Federal rules apply to interstate drivers, while California rules apply to both interstate and intrastate. Short-haul truckers are typically not subject to interstate HOS rules. The table above explains the differences.

Q: How can a lawyer help fight HOS rule violations near Truckee?

A: Many drivers and even some lawyers ask this very question. CDL traffic defense attorneys can appear in Truckee Courthouse, request a dismissal, negotiate an alternate charge, and contest evidence. When there are no CA DMV NOTS points assessed, the FMCSA is not notified. Therefore, nothing is reflected on your PSP. 

References:

The DOT FMCSA’s Final Rule, dated June 1, 2020.

The DOT FMCSA 49 CFR Part 383.51, Paragraph 6.2.5, Disqualification of Drivers.

The DMV Portal CA Commercial Driver Handbook.