A Complete Guide to HOS: Understanding Hours of Service Regulations

Navigating the complex world of Hours of Service (HOS) rules is crucial to ensure compliance.

From driving limits to sleeper berth regulations, rest breaks, and more, staying up to date with the latest rules is essential for commercial motor vehicle (CMV) operators. Additionally, implementing an electronic logging device (ELD) can greatly assist fleets in maintaining compliance.

What are Hours of Service (HOS) Regulations?

The Federal Motor Carrier Safety Administration (FMCSA) established the Hours of Service final rule in December 2011. This rule aims to monitor the working hours of CMV operators in the United States who possess a commercial driver’s license (CDL). It covers any vehicle used by businesses engaged in interstate commerce. The primary objective of the rule is to prevent accidents caused by driver fatigue by establishing maximum consecutive driving and working hours before mandatory rest breaks.

Since December 2017, the ELD mandate requires operators of commercial motor vehicles to utilize electronic logging devices for tracking HOS. These devices, also known as electronic logbooks or e-logs, connect to a vehicle’s engine and automatically record driving time, providing a reliable method of collecting HOS data. They have replaced traditional paper logs previously used in the trucking industry to record Hours of Service.

In 2020, the FMCSA introduced the Final Rule on HOS, which amended the HOS regulations. The objective was to enhance flexibility without compromising safety. The new rules came into effect on September 29, 2020, and are incorporated into this guide.

Non-compliance with the Hours of Service rules can result in negative consequences such as impacting the carrier’s safety rating or even temporary suspension of operations.

Driving Limits for CMV Operators

The Hours of Service regulations impose limitations on daily and weekly driving hours for CMV operators. The driving limit or cycle limit restrictions include:

1. 14-Hour Shift Limit: Drivers have a 14-hour window, during which they can drive a maximum of 11 hours. After 8 hours of driving time, they must take a mandatory 30-minute break. The 14-hour driving limit prevents drivers from continuing to drive beyond the 14th consecutive hour on duty, following a minimum of 10 hours off duty.

According to the Final Rule on HOS effective from September 29, 2020, a driver cannot drive for more than 8 hours without taking a 30-minute break. However, they may have been on-duty for more than 8 hours. The 30-minute break requirement can be fulfilled by off-duty, sleeper berth, or on-duty not driving time.

2. 11-Hour Driving Limit: Drivers are restricted to a maximum of 11 hours of driving after 10 consecutive hours off duty.
3. 60/70-Hour Limit: HOS rules set a cap on driving time, allowing a maximum of 60 hours of on-duty time within a 7-day period or 70 hours within 8 consecutive days. Once drivers reach the limit of 60/70 hours of on-duty time, they are prohibited from driving further.
4. 34-Hour Restart: The 34-hour restart rule enables commercial motor vehicle drivers to reset their 60-hour or 70-hour clocks to zero. Drivers can utilize this rule by taking at least 34 consecutive hours off duty or in a sleeper berth.

Rest Breaks

Drivers are required to take a mandatory 30-minute rest break after continuously driving for 8 hours. Rest breaks can be logged as off-duty time or can be taken in the sleeper berth at a truck stop or rest area.

Split Sleeper Berth Rule

The sleeper berth refers to the sleeping area in the back of a truck that provides drivers with a bed or reclining seat for rest while on the road. The split sleeper berth rule allows drivers to allocate their time spent in the sleeper berth towards their mandatory rest limits or off-duty time.

Drivers opting for the split sleeper berth must take a minimum of seven or eight hours in the sleeper berth and can divide the sleeper berth time into two periods using an 8/2 or 7/3 split:

• 8/2 Split: For an 8/2 split, one off-duty period must be between two and eight hours (2/8-hour period), which can be spent in the sleeper berth, off-duty, or on personal conveyance (or a combination). The other off-duty period must be between eight and ten hours (8/10-hour period) and can only be taken in the sleeper berth.
• 7/3 Split: According to the Final Rule on HOS effective from September 29, 2020, drivers can split their required 10 hours off-duty in a 7/3 split if they prefer, providing additional flexibility.

The two breaks can be taken in any order, and upon completing both rest periods, the 14-hour driving window restarts from the end of the first sleeper berth period but not until the second period is finished.

It’s important to note that the split sleeper berth does not provide a full 10-hour reset; instead, it shifts the start time of the 14-hour driving window.

Who is Subject to Hours of Service Rules?

The Hours of Service regulations apply to all commercial motor vehicle operators in the United States. A commercial motor vehicle, aside from being owned by a company or corporation, is defined as a vehicle meeting any of the following criteria:

• Weighs (including any load) 10,001 lbs or more.
• Transports hazardous materials (property-carrying vehicle) in a quantity that requires a hazardous material placard.
• Transports 16 or more passengers (passenger-carrying vehicle), including the driver, without compensation.
• Transports 9 or more passengers (passenger-carrying vehicle), including the driver, for compensation.

How to Avoid Penalties for Hours of Service Violations

HOS regulations are strictly enforced by the Department of Transportation (DOT), but there are various ways to meet the requirements and potentially qualify for certain ELD exemptions.

1. 150 Air-Mile Exemption: The 150 air-mile rule exempts property-carrying CDL drivers from completing a daily log and keeping supporting documents if they operate within a 150 air-mile radius of their daily starting location. To qualify for this exemption, drivers must:

• Operate within a 150 air-mile radius of their daily starting location.
• Start and end each day at the same location.
• Conclude their workday within 14 hours.
• Have at least 10 hours off-duty between each 14-hour shift.

2. 150 Air-Mile Non-CDL Short-Haul Exemption: There is an additional 150 air-mile exemption, slightly different from the one described above. This exemption applies to drivers of property-carrying commercial vehicles who do not require a CDL. Non-CDL drivers may qualify for this exemption if they:

• Operate within a 150 air-mile radius of their work’s primary location.
• Return to the primary work location at the end of each duty shift.

Additionally, they must not:

• Drive any vehicle that requires a CDL.
• Drive after 14 hours of coming on duty for five days within a period of seven consecutive days.
• Drive after 16 hours of coming on duty for two days within a period of seven consecutive days.

3. Adverse Driving Conditions Exemption: The adverse driving condition exception permits drivers to extend their maximum “driving window” by up to two hours. For instance, if drivers have a maximum driving window of 14 hours, they can use this exemption to complete their drive time within a 16-hour driving window.

Before the implementation of the Final Rule on HOS in September 2020, drivers could use this exemption to drive up to two hours beyond their maximum drive time but couldn’t extend their maximum driving window. With the updated rule, drivers utilizing the adverse driving condition exception have the flexibility to safely wait out adverse driving conditions or drive at a slower speed to avoid any incidents.

Electronic Logging Device (ELD) Solutions

The most effective way to prevent Hours of Service violations is by employing a reliable and user-friendly ELD compliance solution.

An FMCSA-registered electronic logging device can be connected to the vehicle’s OBD port to automatically collect essential data throughout the day. Combined with an electronic logbook in a driver app, fleets can ensure accurate and complete compliance. Whether you’re an owner-operator or a fleet manager, this solution can help your business gain visibility into your drivers’ hours of service.

Through the compliance dashboard, managers can access the Hours of Service report to monitor drivers’ real-time driving status, time remaining until their rest break, and the number of hours left in their driving period. The report automatically alerts any potential Hours of Service violations, enabling proactive measures to address issues promptly and avoid penalties.

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