When it comes to compliance, an FMCSA Hours of Service (HOS) rule violation can impact your current driving position and your career.
It affects your Compliance, Safety, and Accountability (CSA) score, Pre-employment Screening Program (PSP) record, and even your future job opportunities.
At our firm, we help commercial drivers understand what’s at stake and how to defend against these violations.
Why HOS Rules Exist
The DOT FMCSA designed the HOS rules to prevent driver fatigue and heighten safety.
Research indicates that fatigue plays a significant role in many large truck collisions.
That’s why the FMCSA prioritizes safety over convenience. They set limits on the number of hours a driver can operate or remain on duty before taking a rest break.
“13% of commercial motor vehicle drivers were considered to be fatigued at the time of collisions.”—The Large Truck Crash Causation Study.
If you’ve ever tried to find parking for a big rig along Pacific Coast Highway, you know how difficult it is.
Planning rest breaks early is critical because once you exceed the time limit, you could be cited.
The 11-Hour Driving Limit
Drivers hauling cargo may not drive more than 11 hours after 10 straight hours off duty. Passenger vehicle drivers are limited to 10 hours after eight consecutive hours of rest.
Weather-related delays may be eligible for a two-hour extension, but only under true adverse conditions, such as snow, ice, or fog. However, there are other exceptions, such as road closures, accidents, and others.
When an exception is used the driver should make a note in the ELD, to avoid trouble down the road. Since, you must keep 7 days’ worth of logs, it might seem significant when it happens. But when you get pulled into a weigh station, they’ll want to see your logs.
Electronic Logging Devices (ELDs)
Most over-the-road truckers and passenger bus drivers must use electronic logging devices.
These record engine activity and mileage automatically. However, it’s still up to the driver to correctly update their Record of Duty Status (RODS) and Form and Manner entries at each stop.
If you fail to update for fuel, maintenance, or personal conveyance, that oversight could count as an HOS rule violation.
The 30-Minute Break Requirement
Many drivers get cited for not taking their required 30-minute break within the first eight hours of driving. Even being five minutes late can result in a violation.
The break can be on-duty or off-duty. A driver might use that time to fuel, grab food, or complete a cargo check. But if the primary driver moves the truck moves during that break, the clock resets.
This is where many driving team falter. The primary driver goes in for coffee while the secondary driver fuels the vehicle and parks. If this isn’t noted in the ELD, it could cause trouble later.
But overall, the use of commercial driving teams can have a significant advantage over lone truckers. They can keep driving for nearly 22 hours without taking an extended break.
The 14-Hour Window
Property carriers must stop driving after the 14th consecutive duty hour, even if they haven’t reached 11 hours of actual driving. Passenger carriers have a 15-hour duty window.
The key is to build breaks into your schedule early so you’re not scrambling to find rest options when time runs out.
The 60/70-Hour Rule
Another common violation involves the weekly limit.
Drivers cannot exceed 60 hours on duty in seven days or 70 hours in eight days, depending on the carrier’s schedule.
Taking 34 hours off duty resets the cycle, allowing drivers to restart with a clean slate.
Common HOS Rule Violations at a Glance
- Exceeding the 11-hour driving limit without an exemption
- Driving beyond the 14-hour duty window
- Missing the 30-minute rest break within the first eight hours of driving
- Going over the 60/70-hour weekly maximum
These violations can result in points being added to your CSA score and remaining on your PSP for up to three years. Both can affect future employment opportunities.
Consult a CDL Traffic Attorney About Disputing an HOS Rule Violation
If you’re a commercial driver facing an HOS citation in Santa Barbara County, we’re here to help.
Commercial drivers along the Pacific Coast Highway (PCH) #1 or #101, or Interstate-5 face driving challenges—tight delivery schedules, limited truck parking, and demanding hours.
Don’t let an HOS rule violation threaten your career. Talk to us about a possible dismissal since no-point violations are generally not allowed in negotiation by Santa Barbara County judges.
Contact Bigger & Harman About an HOS Rule Violation in Santa Barbara County Courthouse
Bigger & Harman regularly defends clients in Santa Barbara County Courthouse. Call for a complimentary consultation without obligation about an HOS rules violation at (661) 349-9300—se habla Español 349-9755.
At Bigger & Harman, we work to protect your CSA score and PSP record. Our attorneys regularly represent CDL holders at the Santa Barbara County Courthouse.
Use our handy online contact form or email us at attorney@biggerharmanlaw.com.
Download our e-book, Protecting Your Commercial Driver License.
❓ Frequently Asked Questions (FAQ) Section
Q: What is considered an HOS rule violation?
A: Any violation of FMCSA’s driving, rest, 30-minute break, or duty-time limits, such as exceeding daily or weekly hours that can result in a citation.
Q: Under FMCSA HOS rules, how many hours a day can a commercial driver hauling cargo drive?
A: A driver may operate for up to 11 hours after 10 straight hours off duty, without using a two-hour exceptionto these rules in case of adverse weather or other unexpected delays.
Q: Under which conditions can a commercial driver use the two-hour exception?
A: A commercial driver can use the two-hour adverse driving conditions exception when unexpected adverse conditions, like severe weather, road closures, or accidents, significantly slow down their progress, making it unsafe to complete their route within the standard Hours of Service (HOS) limits. This exception allows them to extend their driving and on-duty time by up to two hours to reach a safe location or complete their trip.
Q: Can I use my 30-minute break to refuel the truck?
A: Yes, however, if you move the truck, you must restart the 30-minute clock.
References:
The DMV Portal CA Commercial Driver Handbook.
The gomotive.com HOS Rules Guide.
The DOT FMCSA Factsheet, What is CSA—and how does it affect me?
The FMCSA HOS Rules 2020 Summary of Hours of Service Regulations.