Hours of Service Violations in the ELD Mandate Era
- ATBS Staff
- Sep 1, 2020
- 5 min read
Updated: Jun 25
The Electronic Logging Device (ELD) Mandate was fully implemented 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 still in effect with the ELD Mandate:
Going over the 14-hour limit
Truck drivers have 14 hours after coming on 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
A driver must take a break of at least 30 consecutive minutes after eight cumulative hours of driving without a qualifying interruption. The break may be recorded as off duty, sleeper berth, on duty but not driving, or a combination of qualifying non-driving statuses.
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. There is flexibility with this rule by using the 8/2 or 7/3 sleeper-berth split. Learn more about the rules by clicking on the links.
Going over the 60/70 limit
A driver may not drive after reaching 60 hours on duty in seven consecutive days or 70 hours in eight consecutive days. A 34-hour off-duty period may be used to restart the calculation, but the restart is optional.
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-and-Manner Violations
When there were paper logs, form-and-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 lower possibility of a driver getting caught for a form and manner violation because almost everything is being tracked and inputted automatically.
Falsification of Records
ELDs make falsification easier to identify because driving time is automatically recorded and edits, annotations, and unidentified driving events are retained. However, ELD records are not completely automatic, and drivers and carriers can still be cited for false, incomplete, or improperly edited records.
Missing Logs Violations
ELDs have reduced violations associated with missing paper log pages, but drivers and carriers can still be cited for missing, incomplete, uncertified, or unavailable records. Motor carriers generally must retain ELD records and supporting documents for six months and maintain a backup copy separately from the original data.
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 impose civil penalties on 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 be able to see if you are in violation.
If the law enforcement or a roadside safety official sees 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 last and worst possible way to get caught violating HOS would be if you were to get in an accident while operating over the HOS limit. An HOS violation may create serious consequences if a crash occurs. The violation could be used as evidence in a civil claim, may increase the driver’s or carrier’s exposure to penalties, and could affect the outcome of an investigation. The specific consequences depend on the circumstances of the crash, the nature of the violation, and applicable law.
Hours of Service Exemptions
There are exemptions to the hours of service rules that you need to keep aware of. These are just a few of the more common exemptions that you may be eligible for permanently or on a one-off basis.
If driving conditions are affected by weather, drivers are permitted to exceed the 11 hour maximum driving time by two hours. However, they may not go past a 16 hour-limit.
Another common exemption is the 30-minute break exemption. Short-haul drivers who qualify for the 150 air-mile radius provision can be exempt from taking the 30-minute break.
A driver may be able to extend their 14 hour shift to a 16 shift, as long as the 11 driving hours are not exceeded if that driver started and stopped their workday at the same location for at least the five previous workdays. This rule may be invoked once per 34-hour reset and the driver must be relieved from work after the 16th hour.
Lastly, a driver’s HOS rules may be temporarily lifted if they are helping with direct emergency assistance. A governmental Declaration of Emergency has to be issued and the driver has to be providing support to state and local efforts to save lives, property, or protect public health or safety. Even with these rules suspended, a driver is still expected to act in good judgment and not operate their vehicle if they are under conditions that could lead to a clear hazard to others on the highways.
Stay Compliant to Avoid Hours of Service Violations
The ELD mandate has made it easier to keep track of the HOS rules. However, it has also made it easier to get caught being in violation of them. Even if you don’t like the rules, stay compliant in order to avoid unnecessary penalties and fines. It’s tough being told what to do and how long to drive, especially when you have been driving for many years. However, these rules were put into place for your safety and the safety of others in mind. So be safe, stay compliant, and you will be able to avoid those hours of service violations.
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