DOT Hours of Service (HOS) rules, exemptions & violations

DOT Hours of Service (HOS) rules are the federal regulations that govern a truck driver’s working day. They set firm limits on driving time and on-duty time, and breaking them carries consequences for both drivers and carriers.

Getting HOS right protects your CSA score, your paycheck, and your authority to keep driving. Miss a limit and you can face fines, an out-of-service order, and freight that never gets delivered. This post covers the HOS limits every driver works under, the exemptions that can give you more room, and the penalties that follow a violation.

What are DOT Hours of Service?

DOT Hours of Service regulate your duty cycles, including how long you can drive and when you take mandatory rest breaks. The DOT HOS rules, sometimes known as the FMCSA HOS rules, also require truck drivers to use an electronic logging device (ELD) to track duty status and driving hours, with some limited exceptions.

The rules can seem complicated, but they serve an important purpose. Driver fatigue is a danger that can lead to traffic accidents. The HOS rules outline mandated breaks, helping drivers stay awake, alert, and safe on the road.

Complying with HOS rules also helps keep a carrier’s safety rating high.

Who do the HOS rules apply to?

DOT truck driver rules, including HOS regulations, apply to anyone who operates a commercial motor vehicle (CMV) in the United States. Even international carriers from Canada or Mexico must follow these rules while driving in the U.S.

A commercial motor vehicle meets one or more of the following conditions, whether or not it has an attached trailer.

• Weighs (with or without a load) more than 10,000 pounds
• Transports a quantity of hazardous materials (Hazmat) that requires a placard
• Designed or used to transport 16 or more people, including the driver
• Designed or used to transport nine or more people, including the driver, for pay

Remember that the vehicle must meet only one of these conditions for HOS rules to apply. It doesn’t matter if you don’t consider yourself a commercial driver or are not transporting a load. You must follow the Hours of Service rules if the vehicle meets any of the above criteria.

When do the Hours of Service regulations apply?

Exactly when the Hours of Service regulations apply can be slightly tricky to understand. That’s because interstate and intrastate trucking are regulated differently.

Interstate commerce

Interstate commerce is business that takes place across state lines, and interstate drivers must follow all DOT Hours of Service regulations at all times. For interstate commerce regulations to apply, you do not have to cross state borders personally, and neither does your truck. If you are driving for a company that engages in interstate commerce, either as an employed driver or an independent contractor, you must abide by interstate commerce regulations. If you are involved with interstate commerce only part time, you must still follow HOS rules for at least seven days after your last day of interstate commerce driving.

Intrastate commerce

Intrastate commerce is business that takes place solely within a single state. Drivers who engage only in intrastate commerce are not required to follow DOT Hours of Service regulations. However, each state sets its own guidelines.

An important exception exists for Hazmat drivers. If you are transporting hazardous materials in quantities large enough to require a placard, you must follow DOT HOS regulations regardless of whether you are engaged in interstate or intrastate commerce.

Hours of Service rules overview

Here’s an overview of the Hours of Service rules and what you need to know to be compliant.

1. 14-hour shift limit

This rule states that truckers cannot drive past the 14th hour of being on duty following a minimum ten-hour break off duty. No matter what tasks you have done other than driving or how few hours you have driven since your ten hours off, once 14 hours have elapsed since your last ten-hour break, you cannot drive again until you complete another ten hours off duty. Note that any off-duty breaks or naps are still counted as part of the 14 hours unless they are ten or more hours long.

What counts as on-duty time?

Not all time behind the wheel counts as driving time, but a lot more counts as on-duty time than drivers might expect. The following activities all count as on-duty:

• All time at a plant, terminal, facility, or other property waiting to be dispatched, unless the driver has been relieved of duty
• All time inspecting, servicing, or conditioning a truck, including fueling and washing
• All driving time
• All time in or on a CMV, except: time in a parked vehicle, time resting in the sleeper berth, or up to 3 hours riding as a passenger immediately before or after at least 7 consecutive sleeper berth hours
• All time spent loading, unloading, or attending to a truck
• All time handling paperwork
• All time taking care of a broken-down truck

The practical takeaway: your 14-hour clock starts the moment you go on duty, not just when you start driving. Keep that in mind when logging dock wait times, pre-trip inspections, and paperwork.

2. 11-hour driving limit

Within your 14-hour shift limit, you can drive for no more than 11 total hours. These hours can take place any time during the 14-hour shift, but you must total them up and not go over 11 hours of driving before a ten-hour rest period.

3. 60/70-hour limit

In addition to daily limits, there are also weekly limits on total driving time. Carriers that do not operate daily cannot drive after completing 60 hours on duty within any seven-day period. Carriers operating daily cannot drive after completing 70 hours on duty within eight days. This clock resets after a 34-hour restart.

4. 34-hour restart

The 34-hour restart ensures you have some consecutive time off to rest and refresh. Taking 34 consecutive hours off duty resets the 60/70-hour limit. After your restart, you are free to drive again within the daily limits until you hit the 60 or 70-hour weekly limit.

5. Rest breaks

Once you have driven for eight hours, you must take a 30-minute break. You do not have to go off duty at this time, but you must stop driving until at least 30 minutes have elapsed.

6. Split sleeper berth rule

The split sleeper berth rule allows you more flexibility in your driving day, making it easier to deal with backups at loading docks or routes that get you to your destination in the middle of the night.

The split sleeper berth rule lets you split your ten-hour off-duty period into two shifts: 8/2 or 7/3.

In the 8/2 split, one shift of 8 to 10 hours must be spent in the sleeper berth, while the other shift of 2 to 8 hours may be spent any way you like, as long as you are off duty. The 7/3 split is similar, but the sleeper berth period may be as short as seven hours, while the other shift must be at least three hours long.

Completing one of the two periods shifts the 14-hour clock. You may drive again after finishing your first rest shift. However, when you finish your second rest shift, your 14-hour clock will restart at the end of the first rest period. You can only reset the 14-hour clock by taking ten consecutive hours off.

HOS violations and penalties

Breaking FMCSA Hours of Service rules is more than a paperwork problem. The consequences can shut down your operation. Here’s what’s at stake.

Out-of-service placement

The most immediate consequence of an HOS violation is being placed out of service. This means you are required to stop driving, sometimes right on the side of the road, until you have accumulated enough off-duty time to comply. There is no workaround: dispatchers cannot override an out-of-service order.

Fines

Monetary penalties are set by FMCSA’s penalty schedule, which is adjusted every year for inflation. Depending on the severity, fines for HOS-related violations run from around $1,000 up to roughly $16,000 per violation, and the most serious or repeated violations can climb higher. Both the driver and the carrier can be held liable.

CSA score impact

Violations negatively affect a driver’s Compliance, Safety, and Accountability (CSA) score. A lower CSA score follows a driver across employers and can make it harder to find quality freight, secure better rates, and maintain a strong carrier safety rating. For carriers, repeated driver violations can trigger FMCSA audits.

HOS exemptions

Like any regulation, there are some exemptions to the HOS rules. These include the following circumstances.

1. The 30-minute break exception

HOS regulations require you to take a 30-minute break after eight hours of driving. However, if you are a short-haul driver who meets one of the 150 air-mile exemptions detailed below, you are not required to take this break.

2. The 16-hour short-haul exception

Short-haul drivers are occasionally allowed to extend their 14-hour shift limit to 16 hours. To qualify, you must meet all of these conditions:

• On the day you use the exception, and the previous five consecutive workdays, you reported to and ended your shift at the same location
• You are released from duty no later than the 16th hour following ten hours off duty
• You have not used this exception in the past six consecutive days (or you have completed a 34-hour restart during that time)

3. 150 air-mile exemption

Under the 150 air-mile exemption, short-haul drivers do not have to log daily hours if they meet the following qualifications:

• You travel no more than 150 air miles from your starting location
• You start and end your day at the same location
• You complete your workday within 14 hours
• You have a full ten-hour off-duty period after each workday

4. 150 air-mile non-CDL short-haul exemption

The rules are slightly different if you have a non-CDL short-haul driving position. You do not need to log your hours if:

• You operate within 150 air miles of your company’s primary location
• You return to that location at the end of each workday
• You do not operate any vehicles that require a CDL
• You do not drive more than 14 hours after starting your workday on five days or more in any seven-day period
• You do not drive more than 16 hours after starting your workday for two days or more in any seven-day period

5. Adverse driving conditions exemption

If you run into dangerous weather or other adverse driving conditions, you can extend your allowable drive time and daily shift limit by two hours. However, you must meet these qualifying criteria:

• You didn’t know about the adverse driving conditions before starting the trip
• You could not have predicted the conditions through common sense or advanced trip planning

With changes made in 2020, adverse conditions now extend your duty day by two hours, not just your drive time. You can pull over and wait out the threat before continuing safely.

6. Emergency conditions

When a state or national governing body declares a state of emergency, some or all of the HOS regulations may be temporarily suspended. This typically applies to trucks in the direct path of the disaster or traveling interstate to assist, not those engaging in unrelated commerce outside of the emergency region. Each emergency is different, so check the latest guidelines for that specific situation.

Tips to ensure HOS compliance

You can avoid violating HOS rules, simplify compliance, and prioritize driver safety by following these tips.

• Log your status correctly in your ELD and correct mistakes promptly
• Plan your trip, including routes, fuel stops, and 34-hour restarts
• Combine stops where possible: refueling, rest breaks, and meals together save time
• Carefully track both on-duty and off-duty time
• Know when wait times can be logged as off duty, and when they can’t
• Expect the unexpected and build buffer time into your schedule
• Monitor hours proactively so you catch issues before they become violations
• Encourage open communication between drivers and dispatch about hours and fatigue

Stay on top of HOS and DOT rules for truck drivers with Truckstop

Keeping track of the HOS is important to stay compliant and avoid fines. Truckstop’s TMS for carriers is a full-service transportation management system (TMS) built to help you manage your operation and stay on top of changing regulations. Let it automate routine processes like IFTA reporting so you can focus on hauling loads across town or across the country.

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