Updated: 6 days ago
The Electronic Logging Device (ELD) Mandate was officially put into place on April 1, 2018. It was at this point that commercial motor vehicle drivers would be placed out of service if their vehicle was not equipped with an ELD. The ELD Mandate was put into place in order to simplify the tracking of a driver’s Hours of Service (HOS) and simplify the enforcement of the HOS rules.
Since the ELD Mandate, some things have changed in terms of hours of service. Certain violations are no longer seen as often and other violations are now easier to get caught for. With a lot happening since the implementation of the ELD Mandate, let’s take a look at how hours of service violations have changed in the ELD Mandate Era.
What hours of service violations are still in effect?
Here is a list of the HOS violations that are very much still in effect with the ELD Mandate:
Going over the 14-hour limit
Truck drivers have 14 hours after coming off duty to complete their driving for the day.
Going over the 11-hour driving limit
Within the 14-hour limit, truck drivers are only allowed to drive for 11 hours within that time frame.
Not taking a 30-minute break
Also within the 14-hour limit , a driver must take a 30-minute break before 8 hours of driving time has passed since the end of their last off-duty or sleeper-berth period of at least 30 minutes .
Going under the 10 hours off duty
Once a driver goes off duty, they must stay off duty for at least 10 consecutive hours in order to reset their 14 hour clock.
Going over the 60/70 limit
Truck drivers can only be on duty for 60 hours in a 7 day period or 70 hours in an 8 day period.
Prior to the ELD Mandate, all of these HOS rules had to be tracked on paper logs. This made it hard for drivers to accurately keep track of all of them. Drivers also had the ability to falsify their on-duty and off-duty time which made it hard to enforce. ELDs make it really easy to accurately track all of these HOS rules and violations.
What hours of service violations are no longer as common?
Even though the ELD Mandate didn’t get rid of any HOS violations, these specific violations were a lot more common when hours were kept on paper logs.
Form & Manner Violations
When there were paper logs, form & manner violations were one of the most common violations. Now that there are ELDs, there is less information that a driver has to put in manually. This means there is a smaller possibility of a driver getting caught for a form and manner violation because almost everything is being tracked and inputted automatically.
Falsification of Records
Because hours of service data is being tracked by an electronic device, it is very hard to falsify your records. It used to be possible for a driver to log whatever hours they wanted when that information was being kept on paper logs. Now, all of this information is being tracked automatically as you drive which makes it hard to falsify.
Missing Logs Violations
Missing logs violations used to be common because there was a lot of paper that needed to be kept track of. ELDs have significantly reduced the chance of losing a paper log. All of the HOS logs are now just kept organized within the ELD which means if you don’t lose or destroy the ELD, you shouldn’t lose those logs.
What are the penalties for violating the hours of service rules?
Violating HOS rules can lead to a variety of penalties for both the driver and the carrier. If a driver is caught over their HOS, they may be placed out of service until the driver has spent enough time off duty in order to be back in compliance. Depending on the severity, the driver could also be assessed fines by both state and local law enforcement officials.
Driver’s and carrier’s CSA scores can also take a hit if they aren’t complying with the HOS rules. We go into a lot more detail on CSA scores here. The Federal Motor Carrier Safety Administration may also force civil penalties onto the driver or the carrier. These penalties can range from hundreds to thousands of dollars depending on the severity.
If a carrier is caught with a pattern of violations, its safety rating can be downgraded. Patterns of violations that are caused by a carrier knowingly and willingly allowing HOS violations can lead to federal criminal penalties which may result in fines or complete shutdown of a carrier.
How do you get caught violating hours of service rules?
There are a few ways to get caught violating the hours of service rules:
If you drive for a carrier they will keep track of your hours and are able to see if you are in violation.
If the police see that you are violating HOS you will be placed out of service until you are in compliance and could end up with a ticket.
The DOT can catch you violating HOS rules at a weigh station or if your company happens to get audited. The DOT may allow some violations to go without penalties as long as you are not way over the limit.
The last and worst possible way to get caught violating HOS would be if you were to get in an accident while operating over an HOS limit. If you are operating over an hours limit, you will be held civilly and criminally liable if an accident were to occur. The consequences can include fines, licens