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HOS Violations & Penalties: What Truckers Need to Know

HOS violations explained -- what triggers them, penalty amounts, and how to stay compliant. Driving limits, rest requirements, sleeper berth splits, and exemptions.

Small Fleet HQ6 min read
HOShours-of-serviceviolationspenaltiescomplianceFMCSA

Understanding Your Hours

Hours of Service rules govern every day you spend behind the wheel. Knowing these rules inside and out is not just about avoiding violations. It is about managing your time efficiently, maximizing your earning potential within legal limits, and getting home safely.

These regulations are tracked through your ELD 6 and factor into your CSA scores. Violations are among the most common findings at roadside inspections and during audits. Master these rules and you eliminate one of the biggest sources of compliance risk in your operation.

Use the HOS hours calculator to plan your driving day and know exactly where you stand on available hours.

The Core Rules for Property-Carrying Drivers

The following rules apply to drivers hauling freight in interstate commerce under 49 CFR Part 395. 1

11-Hour Driving Limit

You may drive a maximum of 11 hours after 10 consecutive hours off duty. 2 Driving means operating the CMV on a public road. Once you hit 11 hours of driving, you must stop driving regardless of how much time remains in your 14-hour window.

The 11-hour clock tracks cumulative driving time. If you drive 4 hours, take a 2-hour break, and drive another 4 hours, you have used 8 of your 11 driving hours.

14-Hour Driving Window

You may not drive after the 14th consecutive hour after coming on duty following 10 consecutive hours off duty. 2 This window starts the moment you go on duty, whether that means starting a pre-trip inspection, loading freight, or any other work activity.

Critical point: The 14-hour window does not pause for off-duty time. If you come on duty at 6:00 AM, your 14-hour window closes at 8:00 PM regardless of what you did between those times. Taking a 3-hour off-duty nap in the middle of the day does not extend your window to 11:00 PM.

The only exception is qualifying sleeper berth splits, covered below.

30-Minute Break Rule

After 8 cumulative hours of driving, you must take a 30-minute break before driving again. 2 The break is satisfied by 30 consecutive minutes in any of these statuses: off-duty, sleeper berth, or on-duty not driving.

Plan fuel stops, meals, or shipper/receiver wait time around the 8-hour mark to minimize unproductive break time.

60/70-Hour Cycle Limit

You may not drive after accumulating 60 hours of on-duty time in 7 consecutive days, or 70 hours of on-duty time in 8 consecutive days. 2 Most carriers operate on the 70-hour/8-day cycle.

The cycle is a rolling window. Each day, the oldest day's hours drop off as a new day begins. Your available hours tomorrow depend on how many hours you worked 8 days ago.

34-Hour Restart

You can reset your 60/70-hour cycle to zero by taking 34 consecutive hours off duty. 4 After a qualifying restart, your cycle hours reset completely.

Strategic use of the 34-hour restart helps maximize your available hours. Plan restarts around weekends or scheduled home time.

10-Hour Off-Duty Requirement

Between driving shifts, you must take at least 10 consecutive hours off duty. 2 This time can be spent off-duty or in the sleeper berth.

The Sleeper Berth Split Provision

The split sleeper berth rule provides flexibility when a full 10-hour break is not practical.

How It Works

You can split the required 10-hour off-duty period into two segments: 10

  • Segment 1: At least 7 consecutive hours in the sleeper berth
  • Segment 2: At least 2 consecutive hours either in the sleeper berth or off-duty (not on-duty)

Neither segment counts against your 14-hour driving window. Each segment effectively pairs with the most recent qualifying rest period to determine your available driving time.

Practical Example

You start your day at 6:00 AM and drive until 1:00 PM (7 hours of driving). You take a 3-hour off-duty period from 1:00 PM to 4:00 PM (qualifying as the shorter split). You then drive again from 4:00 PM to 8:00 PM (4 more hours of driving, total 11 hours). You take your 7-hour sleeper berth period from 8:00 PM to 3:00 AM.

The 3-hour off-duty period and the 7-hour sleeper berth period together satisfy the 10-hour requirement. The 14-hour window calculations become more complex with splits, which is why your ELD handles the math for you.

Key Exemptions

Short-Haul Exemption

Drivers who operate within 150 air miles of their normal work reporting location and return to that location daily may be exempt from certain HOS provisions. 7 Short-haul drivers:

  • Do not need to keep RODS (records of duty status) if they complete the shift within 14 hours
  • Are exempt from the 30-minute break requirement
  • May be exempt from the ELD mandate
  • Must still comply with the 11-hour driving limit and 14-hour window

If a short-haul driver exceeds any of the exemption conditions, they must keep RODS for that day.

Adverse Driving Conditions

When unexpected adverse weather, road, or traffic conditions arise that were not foreseeable at dispatch time, you may extend your driving window by up to 2 hours. 8 This extends the 14-hour window to 16 hours. It does not increase the 11-hour driving limit.

The conditions must be genuinely unexpected. A snowstorm that was forecast before you dispatched does not qualify.

Agricultural Exemption

Drivers hauling agricultural commodities within 150 air miles of the source during state-defined planting and harvesting seasons receive certain HOS exemptions. 9 Check your state's specific agricultural exemption periods.

Common HOS Violations and How to Avoid Them

Driving beyond 11 hours. Plan your day with margin. If you have an 11-hour drive, plan for 10.5 hours to account for delays.

Operating past the 14-hour window. Track when your window started and plan your last drive segment to finish before it closes. Shipper and receiver delays are the most common cause of 14-hour violations.

Missing the 30-minute break. Set a reminder on your ELD or phone at the 7-hour driving mark so you plan the break before hitting 8 hours.

Incorrect duty status. Log your status accurately as it happens. Editing logs after the fact is allowed but excessive edits raise flags. Know the difference between on-duty, off-duty, driving, and sleeper berth.

Inaccurate logs. Ensure your ELD is recording accurately and that you are not showing driving time when parked or vice versa. GPS anomalies and poor cellular connectivity can occasionally cause ELD recording errors.

For the full regulatory framework that HOS fits into, see our FMCSA compliance guide. For ELD mandate requirements related to HOS recording, see our compliance guide.

Frequently Asked Questions

Can I drive 11 hours straight without stopping?
No. While your total driving limit is 11 hours, you must take a 30-minute break after 8 cumulative hours of driving. The break can be spent off-duty, in the sleeper berth, or on-duty not driving (such as fueling or doing a pre-trip inspection). After the 30-minute break, you can continue driving up to your remaining hours within the 11-hour limit and 14-hour window.
Does off-duty time pause my 14-hour clock?
No. The 14-hour driving window runs continuously from the moment you come on duty. Taking off-duty time during your shift does not pause or extend the 14-hour clock. The only exception is qualifying sleeper berth time under the split sleeper berth provision. This is one of the most misunderstood aspects of HOS rules and a common source of violations.
How does the 7/3 sleeper berth split work?
The split sleeper berth provision allows you to divide your required 10-hour off-duty period into two segments. One period must be at least 7 consecutive hours in the sleeper berth. The other must be at least 2 consecutive hours either in the sleeper berth or off-duty. Neither period counts against your 14-hour driving window. The pairing of these two periods effectively restarts your available driving time. When calculating compliance, each period is paired with the previous qualifying rest period.
What is personal conveyance and when can I use it?
Personal conveyance is off-duty driving of a CMV for personal purposes when the driver is relieved of all work-related responsibilities. Examples include driving to a restaurant, moving the truck to a safe parking location, or commuting from a terminal to a hotel. You cannot use personal conveyance to advance toward your next load or business destination. The FMCSA considers personal conveyance as off-duty time, so it does not consume driving hours or on-duty time.
What are the penalties for HOS violations?
HOS violations result in escalating consequences. At a roadside inspection, you may be placed out of service for 10 consecutive hours if found driving over your limits. Civil penalties range from $1,200 to $16,000 per violation. Egregious violations such as falsifying logs or driving 3 or more hours beyond the limit can result in penalties up to $16,000 per offense and disqualification from operating. HOS violations also impact your CSA HOS Compliance BASIC score.
Do the 30-minute break rules apply to short-haul drivers?
Drivers operating under the short-haul exemption within 150 air miles who are not required to keep RODS are exempt from the 30-minute break requirement. However, if a short-haul driver exceeds the 150 air-mile radius or the 14-hour window and must begin keeping RODS, the 30-minute break rule applies for that day. Short-haul drivers still must comply with the 11-hour driving limit and 14-hour window.
Sources & References (10)
Government

49 CFR Part 395 — Hours of Service of Drivers (full regulatory text)

ecfr.gov
Government

49 CFR § 395.3 — Maximum driving time for property-carrying vehicles

ecfr.gov
Government

49 CFR § 395.1 — Scope of rules, general exemptions and exceptions

ecfr.gov
Government

FMCSA — Driver Hours of Service (HOS) overview

fmcsa.dot.gov
Government

49 CFR § 395.8 — Driver's record of duty status

ecfr.gov
Government

FMCSA — Electronic Logging Devices overview

fmcsa.dot.gov
Government

49 CFR § 395.1(e)(1) — Short-haul operations exemption

ecfr.gov
Government

49 CFR § 395.1(b)(1) — Adverse driving conditions exception

ecfr.gov
Government

49 CFR § 395.1(k) — Agricultural operations exemption

ecfr.gov
Government

49 CFR § 395.1(g) — Sleeper berth provision

ecfr.gov
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