A HOS violation is when a commercial truck or bus driver breaks federal rules about how many hours they can drive without rest

Hours of Service (HOS) regulations are federal safety rules set by the Federal Motor Carrier Safety Administration (FMCSA) that limit how long commercial drivers can operate a vehicle in a single stretch and per week. A HOS violation occurs when a driver exceeds those limits — for example, driving 12 hours straight when the rule allows 11, or working 70 hours in eight days when the limit is 60.

These rules exist because fatigued drivers cause crashes. The FMCSA enforces them through roadside inspections, logbook audits, and electronic monitoring systems. A violation can be recorded by a state trooper, a Department of Transportation (DOT) officer, or discovered during a carrier audit. The violation appears on the driver's record and can affect insurance rates, employment, and the ability to work for certain carriers.

Key Takeaways

  • HOS violations are federal infractions for exceeding driving hour limits set by the FMCSA, not state traffic tickets.
  • Common violations include driving more than 11 hours in a single shift, exceeding 60 hours in seven days, or failing to take required rest breaks.
  • A violation stays on your driving record and can result in fines, out-of-service orders, and loss of employment.
  • Violations are recorded by DOT officers, state police, or discovered through carrier logbook reviews, not by local law enforcement.
  • Drivers can contest violations through the FMCSA appeals process, but the burden of proof rests on the driver to show the violation did not occur.

The federal rules that define a violation

The FMCSA's HOS rules explore to drivers of commercial motor vehicles — typically trucks over 26,001 pounds or buses carrying passengers. The main limits are:

  • 11 hours of driving per day (after 10 consecutive hours off duty)
  • 14 hours on duty per day (the window in which driving must occur)
  • 60 hours on duty per seven consecutive days, or 70 hours per eight consecutive days
  • One 30-minute break after eight hours of driving (required before further driving)

A violation is recorded when a driver or carrier's records show the driver exceeded any of these limits. The violation does not have to be intentional — a driver who miscalculates their hours or loses track of time is still in violation. Electronic logging devices (ELDs), which became mandatory for most carriers in December 2017, automatically record violations because they track driving time in real time.

Violations also include falsifying logbooks, failing to maintain logbooks, or operating without a valid commercial driver's license (CDL). These are considered serious violations because they obstruct enforcement and safety oversight.

Who records violations and how they appear on your record

HOS violations are recorded by federal and state DOT officers during roadside inspections, not by local police. An officer may pull over a commercial vehicle, request the driver's logbook or ELD data, and compare actual driving time to the recorded hours. If a discrepancy exists, the officer issues a violation citation.

Violations also surface during carrier audits. If a trucking company or bus operator reviews logbooks and finds that a driver exceeded limits, the carrier may report the violation to the FMCSA or use it as grounds for termination. Some violations are discovered months after they occur, during a routine safety audit of the carrier's records.

Once recorded, a HOS violation appears on the driver's FMCSA safety record, which is public and accessible through the FMCSA's Safety and Fitness Electronic Records System (SAFER). This record is used by insurance companies, shippers, brokers, and potential employers to assess driver risk. A single violation can raise insurance premiums or disqualify a driver from certain jobs.

Penalties and consequences of a violation

The penalties for a HOS violation depend on severity and whether the driver or carrier is at fault. A first-time violation typically results in a civil penalty of $100 to $500 for the driver, though the carrier may also be fined. Repeat violations or serious violations carry higher fines — up to $1,000 or more per violation.

Beyond fines, a driver may be placed out of service, meaning they are prohibited from operating a commercial vehicle for a set period (usually 24 hours to several days). An out-of-service order is issued on the spot during a roadside inspection and is enforced across all states. The driver cannot legally drive a commercial vehicle until the order is lifted.

A violation also affects employment. Many carriers have zero-tolerance policies for HOS violations, and a single violation can result in termination. Even carriers that do not terminate may reassign the driver, reduce their pay, or require retraining. The violation remains on the driver's record for years, making it harder to find work with reputable carriers.

How violations differ from other traffic infractions

A HOS violation is a federal safety violation, not a state traffic ticket. It does not appear on your state driving record in the same way a speeding ticket does, and it does not add points to your license under most state systems. However, it is far more serious in the commercial driving world because it directly affects the driver's ability to work.

A traffic ticket — such as speeding or running a red light — is enforced by local or state police and affects your driving record and insurance rates. A HOS violation is enforced by federal DOT officers and affects your commercial driving record and your ability to hold a CDL. A driver can have a clean state driving record but a poor FMCSA safety record, and vice versa.

Some violations can be both. For example, if a driver is caught speeding while in violation of HOS rules, they may receive both a traffic ticket and a HOS violation citation. The traffic ticket goes to the state; the HOS violation goes to the FMCSA.

Contesting a HOS violation

A driver who believes a violation was recorded in error can request a review through the FMCSA's administrative process. The driver must submit a written request within a set timeframe (usually 30 days from the date of the violation) and provide evidence that the violation did not occur — such as corrected logbook entries, ELD data, or witness statements.

The burden of proof is on the driver. The FMCSA officer or the carrier's safety manager will review the evidence and determine whether the violation should be upheld, modified, or removed. If the driver disagrees with the outcome, they may request a hearing before an FMCSA official, though this is rare and the standard of review is high.

Contesting a violation is difficult because ELD data is considered reliable and difficult to dispute. However, if the violation was based on a logbook error, a miscommunication about duty status, or a misunderstanding of the rules, a driver may have grounds to challenge it. An attorney who specializes in transportation law can help evaluate whether a challenge is worthwhile.

How to avoid HOS violations

The most effective way to avoid violations is to plan trips carefully and track hours in real time. Drivers should know their remaining hours before accepting a load and should take breaks before they are fatigued. Many carriers now use trip planning software that calculates available driving hours and suggests rest stops.

Drivers should also understand the rules clearly. The 14-hour on-duty window, the 11-hour driving limit, and the 30-minute break requirement are often misunderstood. A driver who is unsure about how to count hours should ask their dispatcher or safety manager before driving.

Electronic logging devices have made violations easier to record but also easier to prevent. A driver can see their remaining hours on the ELD screen and can plan accordingly. Falsifying an ELD is a federal crime, so drivers should never attempt to manipulate the device or records.

Frequently Asked Questions

Does a HOS violation go on my regular driving record?

No. A HOS violation is recorded on your FMCSA safety record, not your state driving record. It does not add points to your license or appear on your motor vehicle report. However, it is visible to employers, insurers, and shippers who check your FMCSA record, and it can be more damaging to your commercial driving career than a traffic ticket.

Can I lose my CDL for a single HOS violation?

A single HOS violation does not automatically result in CDL suspension or revocation. However, repeated violations or serious violations (such as falsifying logbooks) can lead to CDL disqualification. Your state's licensing authority and the FMCSA work together on serious cases, but most first violations result in fines and out-of-service orders, not license loss.

What is an out-of-service order?

An out-of-service order is a federal prohibition that prevents you from operating a commercial vehicle for a specified period, usually 24 hours to several days. It is issued during a roadside inspection when a serious violation is found and is enforced nationwide. You cannot legally drive a commercial vehicle until the order expires.

How long does a HOS violation stay on my record?

HOS violations remain on your FMCSA safety record for three years. After three years, they are removed from the public record. However, your employer or a carrier you worked for may retain the violation in their internal files, and it can affect your ability to be hired by other carriers during that three-year period.

Can my employer be fined for my HOS violation?

Yes. The FMCSA can fine both the driver and the carrier for HOS violations. If the violation is found during a carrier audit or roadside inspection, the carrier may be cited for failing to may support the driver complied with HOS rules. Carriers are responsible for monitoring their drivers' hours and can face fines, out-of-service orders, or loss of operating authority for repeated violations.