The DOT FMCSA Hours-of-Service (HOS) rules are complex, but staying compliance can save commercial drivers the hassle of a ticket for noncompliance. 

In this blog post, we will discuss a few of the significant HOS rule violations that trip up truck drivers and how to use the Electronic Logging Device (ELD) wisely to remain compliant. 

Technology Used to Detect HOS Violations

At the weigh station or during a roadside stop, inspectors will scan your logs for the last seven days—HOS rule violations are often a simple mistake. However, CHP will often write the ticket and make you prove your innocence. 

The ELD is a smart device, and it automatically captures most driving events; however, it cannot recognize a change of drivers, a change in duty status, or when the truck is being used for Personal Conveyance, such as going out for food.

When a mechanic or another driver test drives the vehicle or takes it to fuel up, the ELD will automatically add those miles/hours to your HOS. Someone must make the necessary adjustments to prevent an HOS rule violation. That is most often the primary driver. 

Select personal conveyance before moving, if using the truck for personal use, which keeps you in an "Off-Duty" status. If you forget to do this, make a note in your log, and call fleet HQ to resolve the conflict; if not, it could look like you were on-duty, driving, which could violate the HOS rules.

For instance, when you take your mandatory 30-minute break, when the vehicle is stopped for five consecutive minutes, the ELD will prompt you to confirm your status. If you do not respond within one minute, it will automatically switch to On-Duty, Not Driving.

If you are moving within the yard, select the "Yard Move" special driving category to stay in "On-Duty" rather than defaulting to "Driving." 

Your 30-minute mandatory break can be used as on-duty or off-duty. It’s up to you, but you must tell the ELD which status you want to use.  

If you forgot to change your status, you could edit the log when you realize the mistake, but you cannot shorten the automatically recorded drive time. Edits require a note with a clear explanation in English. 

Key HOS Rules to Remember

Remembering these rules could save you from Form & Manner violations:

• Location Required: Every change of duty status must include the city, town, or village and state. 
• Form & Manner Common Issues: Missing shipping IDs, DOT numbers, trailer numbers, dates, locations, or signatures. Also, driver changes are crucial entries if you are driving as a team. 
• No Deleting Driving Time: Automatically recorded drive time cannot be deleted.
• Annotations: Any manual edits to non-driving time must include a reason.
• Certification: You must certify your logs at the end of the 24-hour period. 

For commercial drivers, it is crucial to maintain their logs to prevent HOS rule violations. However, when mistakes are made, it might require the knowledge and experience of a CA traffic attorney to resolve those tickets for the best possible outcome. 

Ask Bigger & Harman About DOT FMCSA HOS Rule Violation Defenses 

CDL drivers should always consult a CDL traffic ticket attorney after receiving a citation. 

We help you fight tickets for HOS rule violations in traffic court. Our goal is to prevent points from tarnishing your professional driving record. 

We understand the specific procedures in the Truckee Courthouse in Nevada County, CA. Do not let a logging error impact your driving career.

We provide a strong defense for commercial drivers facing these tough safety categories. Call Bigger & Haman at (661) 367-8232 for a free consultation about your legal options. 

We also help with Español and Punjabi for your convenience. Use our convenient, automated contact form to start a free legal discussion, or email us today at attorney@biggerharmanlaw.com.

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

❓ Frequently Asked Questions (FAQ) Section

Q: What are the most common HOS rule violations?

A: The most common issues include "Form & Manner" errors, missing a mandatory 30-minute break, and driving past allowed hours are the most frequent mistakes caught during roadside inspections.

Q: How do HOS rule violations impact my PSP record?

A: A conviction results in CA NOTS points that remain on your Pre-Employment Screening Program record for up to three years. The FMCSA mandates carriers to use this data to evaluate the driver's safety habits before hiring them.

Q: Why should I hire a CDL traffic ticket attorney for an HOS ticket?

A: An attorney can identify technical logging errors or equipment malfunctions to seek a dismissal. This legal assistance helps protect your record from being labeled with an HOS or safety violation. 

References:

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

The DOT FMCSA Summary of HOS Regulations and the HOS Final Rule, dated June 1, 2020. 

The Trucksafe.com article, 5 common roadside violations & how to avoid them.