Hours of Service (HOS) Violations Guide 49 CFR Part 395

Hours of Service (HOS) compliance is a major FMCSA safety priority because it directly impacts driver fatigue and crash risk. Fatigue remains a leading factor in large truck accidents, which is why strict HOS limits are consistently enforced.

Why HOS Violations Are One of FMCSA’s Highest-Risk Compliance Issues

Hours of Service (HOS) compliance is one of the most critical components of FMCSA safety regulations because it directly affects driver fatigue, crash risk, and operational safety. Fatigue remains one of the leading causes of large truck crashes in the United States, which is why FMCSA continuously enforces strict HOS limits. 

Even a single HOS violation can lead to increased CSA scores, Out-of-Service orders, and penalties during roadside inspections or compliance audits.

HOS rules under 49 CFR Part 395 establish clear limits on driving hours, required rest periods, on-duty time, and mandatory breaks. The goal behind these rules is simple: ensure drivers are alert, rested, and physically capable of operating a commercial motor vehicle safely. Fleets that fail to monitor HOS compliance risk exposing their operations to preventable crashes, liability claims, and insurance problems.

The rise of Electronic Logging Devices (ELDs) has improved accuracy, but it has not eliminated HOS violations. Many fleets still struggle with violations caused by improper log edits, late transfers, missing data, ELD malfunctions, or drivers who attempt to extend their available hours incorrectly. FMCSA inspectors can quickly detect these violations during roadside checks or during a deeper investigation.

Driving Beyond the 11-Hour Limit – 49 CFR 395.3(a)(3)

One of the most frequently cited HOS violations is exceeding the 11-hour driving limit under 395.3(a)(3). This rule states that property-carrying CMV drivers may not drive more than 11 hours after 10 consecutive hours off duty. FMCSA enforces this rule strictly because driving beyond 11 hours significantly increases fatigue-related crash risk.

Common causes of the 11-hour violation include:

• Drivers pushing past limits to meet delivery deadlines
• Poor load planning
• Traffic delays that encourage drivers to overrun their shift
• Dispatch pressure
• Improper ELD entries
• Unassigned driving time not attributed correctly
• Drivers misunderstanding sleeper berth provisions

Inspectors frequently identify this violation by reviewing ELD records, comparing driving time to on-duty logs, or analyzing patterns that show repeated overages. If a driver exceeds the 11-hour limit, the violation affects both the driver’s Hours of Service BASIC and the carrier’s CSA score.

This violation is preventable when fleets implement realistic scheduling, enforce accountability, and monitor logs daily.

Exceeding the 14-Hour On-Duty Window – 49 CFR 395.3(a)(2)

The 14-hour rule under 395.3(a)(2) restricts drivers from driving beyond the 14th hour after coming on duty, following a minimum of 10 consecutive hours off duty. Even if driving time remains available within the 11-hour limit, once the 14-hour window closes, the driver must stop driving.

This is one of the most misunderstood HOS rules. Many drivers assume they can continue driving if they have unused drive time, but the 14-hour rule is absolute. Violations occur when:

• Delays at shippers or receivers push drivers past the limit
• Drivers misuse off-duty status to extend the window
• Carriers fail to plan routes efficiently
• ELD malfunctions miscalculate the duty cycle
• Drivers take long breaks but do not use proper sleeper berth split rules
• Companies ask drivers to wait extended hours for loading or unloading

FMCSA views 14-hour violations as high-risk because drivers are likely operating with reduced reaction time and alertness. Inspectors look for this violation by analyzing the total on-duty window, not just driving time.

To prevent this violation, fleets need precise scheduling, proper detention time management, and real-time HOS monitoring.

Violating the 30-Minute Break Rule – 49 CFR 395.3(a)(3)(ii)

FMCSA requires drivers to take an off-duty, sleeper berth, or on-duty non-driving 30-minute break after driving for 8 cumulative hours, as stated in 395.3(a)(3)(ii). Despite the simplicity of this rule, it remains one of the most commonly cited HOS violations during roadside inspections.

Drivers often violate this requirement due to:

• Misunderstanding what qualifies as a break
• Forgetting to log the break correctly
• Taking the break after 8 hours of on-duty time instead of driving time
• ELD malfunctions or improper duty status selection
• Tight schedules preventing proper rest
• Assuming fueling or loading counts as break time when logged incorrectly

The 30-minute break rule is crucial for preventing fatigue-related incidents. Inspectors often catch violations by reviewing ELD logs for uninterrupted driving periods greater than 8 hours.

Exceeding the 60/70-Hour Limit – 49 CFR 395.3(b)(1) and 395.3(b)(2)

The 60/70-Hour Rule is a cumulative weekly limit defined under 395.3(b). It states:

• Carriers operating 7 days a week must follow the 70-hour/8-day rule.
• Carriers operating 6 days a week must follow the 60-hour/7-day rule.

Violations occur when drivers exceed these maximum on-duty limits.

These violations typically result from:

• Drivers not understanding how cumulative on-duty hours work
• Inaccurate log entries
• Carriers switching between 60 and 70-hour schedules
• Missing or incorrect resets
• Improper 34-hour restart logging
• Dispatchers assigning loads without reviewing weekly totals

FMCSA considers violations of cumulative duty limits particularly serious because they reflect long-term fatigue. Unlike the 11- or 14-hour rules, 60/70-hour violations suggest chronic overworking across a full week.

ELDs make it easier for inspectors to flag these violations, as weekly duty cycles are automatically calculated. Carriers must monitor weekly totals to avoid putting drivers at risk.

False Logs and False Records of Duty Status – 49 CFR 395.8(e)

False log violations are among the most serious Hours of Service violations in the entire FMCSA rulebook. Under 395.8(e), a driver’s record of duty status must be accurate, truthful, and reflect their actual time spent driving, on duty, off duty, or in the sleeper berth. Any intentional or unintentional discrepancies can lead to a “False Log” citation, which significantly increases a carrier’s HOS BASIC score.

False log violations occur for many reasons:

• Drivers intentionally alter logs to gain more driving time
• Dispatch pressure encourages drivers to “adjust” logs
• Unassigned driving time is not properly accounted for
• Drivers incorrectly classify on-duty time as off-duty
• Paper logs are used during ELD malfunction and filled out incorrectly
• Editing logs to hide violations
• Running personal conveyance improperly
• ELD edits not certified by the driver
• Log data inconsistent with GPS, toll records, or shipping documents

FMCSA considers false logs a red flag because they indicate deliberate non-compliance and potential fatigue-related risk. During audits, investigators compare ELD logs to fuel receipts, weigh station records, dashcam timestamps, and GPS data. Any mismatch can trigger a violation.

Carriers face even greater consequences if falsified logs contribute to a crash, including criminal charges, civil penalties, and nuclear verdicts.

ELD Malfunctions and Failure to Manage Malfunction Procedures – 49 CFR 395.22

The Electronic Logging Device rule under 395.22 requires carriers and drivers to properly manage ELD malfunctions. This means drivers must follow specific procedures whenever an ELD stops working or records incorrectly. Unfortunately, many fleets do not train drivers on malfunction steps, leading to common violations.

ELD malfunctions lead to violations when:

• Drivers fail to report the malfunction within 24 hours
• Carriers fail to repair or replace the ELD within 8 days
• Drivers do not create paper logs during malfunction periods
• Malfunction codes are ignored without action
• Logs contain missing segments due to data transfer errors
• Drivers continue driving with an inactive ELD
• Carriers do not maintain malfunction documentation
• ELDs are repeatedly malfunctioning due to poor maintenance

FMCSA is strict about malfunction procedures because inaccurate or missing data compromises enforcement of HOS rules. Inspectors frequently issue violations when they find gaps in logs or see that drivers continued operating without following the proper protocol.

Carriers are also responsible for ensuring ELDs meet technical specifications. If a fleet uses outdated or non-compliant ELD models, FMCSA may issue both driver and carrier-level violations.

→ Get answers to ELD-related questions in these FAQs by FMCSA.

Failure to Transfer ELD Records During Inspection – 49 CFR 395.24(d)

During roadside inspections, drivers must be able to transfer their ELD records to enforcement officers as required under 395.24(d). Failure to transfer logs, or delays in doing so, results in an immediate HOS violation. This is a common problem because many drivers are unfamiliar with the technical steps required to transfer data or the ELD device encounters connection issues.

Violations typically occur when:

• Drivers cannot operate the ELD transfer functions
• Bluetooth or Wi-Fi data transfer features malfunction
• Drivers select incorrect transfer options
• ELDs are configured improperly
• Drivers forget required passwords or authentication codes
• ELD outputs are in the wrong file format
• The device freezes or fails to load data

Inspectors need HOS logs in a standardized format for immediate review. If the driver cannot transfer these records, it raises suspicion of hidden or manipulated log data.

Carriers are required to train drivers on how to:

1. Display logs
2. Transfer logs via the approved FMCSA transmission methods
3. Troubleshoot data connection issues
4. Provide backup documents when needed

Operating Without an ELD When Required – 49 CFR 395.8(a)(1)

Operating without an Electronic Logging Device when required is a major FMCSA violation under 395.8(a)(1). With limited exceptions, nearly all CDL drivers operating interstate commerce must use an ELD to record HOS data. Fleets that continue operating paper logs without exemption face immediate enforcement action.

This violation occurs when:

• Carriers put new drivers on the road without installing ELD hardware
• ELDs fail and are not repaired within the 8-day window
• Leasing operators switch trucks but do not update the ELD system
• Drivers turn off or disable ELD devices intentionally
• Carriers use outdated or non-compliant ELD models
• Drivers operate rented or replacement vehicles without approved ELDs
• Carriers mistakenly believe certain operations are exempt

FMCSA provides only a few ELD exemptions, such as:

• Drivers operating under the 150 air-mile exception
• Driveaway-towaway operations
• Vehicles older than model year 2000
• Short-haul drivers who meet all conditions
• Agricultural commodity exemptions (limited and seasonal)

Even within these exemptions, many fleets misunderstand the rules and operate incorrectly, leading to citations.

Key Takeaways

• HOS violations are among FMCSA’s highest-impact violations and greatly affect CSA scores.
• The most common violations include exceeding driving limits, false logs, missing breaks, and failing to transfer ELD data.
• ELD malfunctions and incorrect log edits remain major root causes of compliance issues.
• Many HOS violations occur due to inadequate driver training or poor dispatch planning.
• Proactive monitoring dramatically reduces the risk of Out-of-Service orders during roadside inspections.

FAQs