Understanding HOS Compliance and Common Violations Carriers Should Avoid

In the dynamic landscape of the transportation industry, Hours of Service (HOS) regulations play a critical role in ensuring the safety and efficiency of commercial vehicle operations. Established by the Federal Motor Carrier Safety Administration (FMCSA), these regulations dictate the maximum number of hours a driver may operate a commercial motor vehicle and the required rest periods. Understanding HOS compliance is not merely a regulatory obligation; it is essential for carriers to safeguard their drivers' well-being, enhance operational efficiency, and maintain a positive reputation in the industry. Despite the clear guidelines, many carriers encounter common pitfalls that can lead to violations, resulting in penalties, increased liability, and potential safety hazards.

This article aims to provide an in-depth understanding of HOS compliance, highlighting the most prevalent violations that carriers should avoid. By familiarizing themselves with these issues, trucking companies can implement effective strategies to ensure adherence to HOS regulations, ultimately fostering a culture of safety and reliability. Through proactive management and education, carriers can not only mitigate risks associated with non-compliance but also enhance their overall operational performance in an increasingly competitive marketplace.

HOS training and log auditing can improve compliance, reduce liability

Federal hours-of-service (HOS) regulations present ongoing challenges for both individual truck drivers and motor carriers. This concern has intensified since the Federal Motor Carrier Administration (FMCSA) implemented significant modifications to existing regulations in September 2020.

These regulatory changes transformed the daily operations of many drivers, introducing key adjustments such as:

• The requirement for a 30-minute off-duty break now mandates a 30-minute interruption of driving time after reaching eight hours of continuous drive time, rather than a continuous off-duty break.
• Alterations to the split sleeper berth provision for drivers transporting property.
• Updates to the definitions and stipulations regarding adverse driving conditions.
• Expansion of the short-haul exemption criteria, permitting a radius of 150 air miles and extending the continuous work shift from 12 to 14 hours.

These changes followed a period of “light enforcement” associated with the electronic logging device (ELD) mandate. Nearly four years after these regulations took effect, Richard Malchow, a business advisor in the transportation sector with J. J. Keller & Associates, Inc., reports that inquiries about HOS regulations remain prevalent among clients. He notes, “Questions about HOS account for approximately 20% of all transportation-related inquiries each month, with nearly half pertaining to the use of ELDs.”

The ongoing confusion surrounding HOS regulations likely contributes to the prevalence of violations. In the last full calendar year (2023), HOS violations constituted over 40% of driver-related infractions identified during roadside inspections. These violations predominantly fall into three main categories:

Log Falsification

Before the ELD mandate, the most frequent issues identified during roadside inspections were “form and manner” violations, such as failing to date logs or provide city comments. However, since the introduction of ELDs, the predominant violation has shifted to “log falsification.” This shift is primarily attributed to enforcement officers’ enhanced ability to electronically audit the current and past seven days of an ELD user’s logs, as well as the improper application of the “personal use” driving categories.

Malchow emphasizes, “Educating both drivers and carriers on the appropriate use of special driving categories, such as ‘personal conveyance’ and ‘yard moves,’ is critical to reducing the high incidence of log falsification violations.” Each instance of personal conveyance is evaluated by law enforcement based on several key factors: the driver’s physical condition, their off-duty status, whether the movement serves the business, and the purpose of the movement.

If a driver attempts to use personal conveyance while clearly unfit due to illness or fatigue, they risk receiving a violation. Furthermore, if an officer determines that a driver is engaging in activities that support their business or making progress toward a business destination while claiming personal conveyance, a log falsification violation may be issued. An exception exists when a driver moves solely to find safe parking close to their next business-related stop.

Similarly, the term "yard move" has introduced a degree of ambiguity in enforcement. Although the FMCSA incorporated "yard move" into the ELD mandate, it did not provide a clear definition, leading to confusion regarding its appropriate application. The yard move category is intended to document the operation of a commercial motor vehicle within a “yard” as on-duty but not driving, which can significantly impact a driver’s available hours.

To avoid violations related to log falsification, it is advisable to utilize yard moves exclusively when operating away from highway settings. Log falsification violations carry a relatively high Compliance Safety Accountability (CSA) severity weight of seven, indicating a significant risk associated with such infractions. The CSA framework assigns severity ratings from one to ten, with higher numbers reflecting greater perceived risk in relation to accidents.

Form and Manner Violations

Although form and manner violations have dropped to the second position in terms of frequency, they remain a concern for many motor carriers. For drivers utilizing ELDs, these violations typically arise from the failure to manually enter mandatory information, such as trailer numbers or shipping documentation. For those exempt from the ELD mandate, the most frequently issued violation for paper logs continues to be the omission of dates or similar straightforward form requirements. While these violations are common, they carry a lower risk than log falsification, with a CSA severity weight of one, indicating a minimal correlation with accident risk.

No Record of Duty Status

Drivers who neglect to use an ELD when required, and who are not exempt from the mandate, are subject to this violation. The lack of ELD usage carries a CSA severity weight of five, reflecting a moderate risk of accidents associated with such non-compliance. The failure to utilize an ELD may stem from confusion regarding requirements or deliberate non-compliance. Addressing this issue simply requires adherence to ELD usage mandates.

Although HOS compliance may be overlooked in the hustle of daily operations, it is essential for carriers to allocate time to thoroughly understand current regulations, evaluate their fleet's adherence, and provide necessary training. Malchow advises, “Monitoring and analyzing HOS roadside inspection data can help identify priority training needs and areas requiring policy adjustments.” HOS violations continue to be the leading cause of roadside infractions attributed to drivers. To enhance compliance and mitigate liability risks, focus on comprehensive HOS training and systematic auditing of logs.

In Conclusion

Understanding Hours of Service (HOS) compliance is crucial for carriers aiming to maintain operational efficiency and uphold safety standards within the trucking industry. By familiarizing themselves with the regulations and common violations—such as exceeding driving limits, improper record-keeping, and failing to adhere to rest requirements—carriers can mitigate risks and avoid costly penalties.

Moreover here are the benefits of understanding HOS:

• Less Driver fatigue issues
• Hazardous materials will be well monitored as well by commercial drivers.
• Monitored Hours off duty
• 34-hour restart familiarity and cumulative hours.
• Hours of service regulation will be well implemented
• Knowledge on Hours of service violation, interstate commerce, duty hours, hours on duty, 14-hour window (14-hour driving window), and short-haul exception, 1
• Duty time, duty period, and records of duty status is clear across all short-haul drivers.
• Understanding of Unsafe Driving that leads to potential violations.
• Safety Rating idea and hours of service rules
• Time drivers to implement driver safety at any adverse conditions.
• Knowledge about the 30-minute break rule, 14-hour rule, eight-day period, 8-day period, seven-day period, duty cycle, and driving cycle.
• Understanding civil penalties, criminal penalties, and improper lane
• Deep dive on traffic accidents or fatigue related accidents due to reckless driving on adverse weather conditions.
• Knowledge about pre-trip inspection, insurance premiums, and other critical violation.
• Limited expections on consecutive minutes
• 11 hour rule and consecutive day period to set limited exceptions and safety regulations.
• Further knowledge Common driver violation and driver behavior
• Understand the importance of driver fitness by individual drivers
• Better Implementation of driver workflow to have better flexibility for drivers.
• CMVs by drivers related to driver vehicle inspection reports on each duty day or duty limit.

Investing in training and technology to monitor compliance can lead to improved driver well-being and enhanced reputation. Ultimately, prioritizing HOS compliance not only protects the carrier’s interests but also contributes to safer roads for everyone.

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