What is HOS: Impact, Rules, and Exceptions

What Is HOS: Impact, Rules, and Exceptions

HOS, or Hours of Service, are statutory periods related directly to driving, non-driving work duties, and rest for commercial drivers. These time limitations are determined and controlled by government agencies such as the FMCSA and DOT with their driver hours. They were developed to eliminate roadside hazards caused by tired CMV drivers. In addition, the Hours of Service (HOS) helps to regulate the workload of transport workers.

According to HOS rules, we have several categories of commercial automobile drivers that have to adhere to time limits. There are groups of CMV drivers that are allowed not to. There are mandatory hours of service regulations and exceptions. Fines are provided for violation of the established hours of service (HOS) regulations.

Why Commercial Drivers Must Follow Hours of Service (HOS) Rules

The industry of cargo transportation has always existed. However, it was only during World War I that goods were actively carried using trucks. More and more huge automobiles carrying loads began to appear on the way. At the time, the highways could have been of better quality, and the transport of goods needed to be regulated appropriately. All this has caused an increase in the number of road accidents involving truckers. Hours of Service (HOS) and sleeper berth rules were created to solve this problem.

Various studies were carried out, including those by the labor protection service (about the split sleeper berth rule, for example). As a result, it was found that driver fatigue directly affected the level of hazard on the road. For example, the uncontrolled workload and tiredness led truckers to fall asleep at the wheel on the sleeper berth split. And accidents involving large vehicles are known to have more serious consequences. Therefore, in 1937, the government decided to record working hours for commercial drivers.

At first, this was done using paper HOS logs. Still, with the development of technology, special devices were invented—advanced equipment guaranteed high data accuracy and eliminated human subjectivity according to the split sleeper berth rule.

Which Automobile Drivers Must Follow the Established Time Limitations?

  • Truckers whose automobiles are heavier than 10,001 lb.
  • Truck drivers who are engaged in carrying hazardous materials and their trucks require special labeling and marks. And remember the sleeper berth split.
  • Drivers are operating passenger buses with 9-15 people on board.

Several categories of drivers must track their working hours, but there are exclusions to using special recording equipment. The critical point is that the drivers above must be sure to use an electronic logging device (elog with an electronic logbook) to register their working hours in the USA. According to Hours of Service (HOS) Rules, ELD devices are not obligatory for use if:

  • Drivers are involved in the evacuation of operated vehicles.
  • Operators travel short distances to use unique time cards, and also are not required to keep RODS.
  • CMV drivers usually use duty records less than eight days within 30 days.
  • Truckers operate commercial automobiles produced earlier than 2000 as they have no technical possibility to install ELD devices.

General DOT Hours of Service Rules and DOT Driver Hours

Throughout its history, truck drivers’ Hours of Service (HOS) Rules have constantly been changing and supplemented, considering the needs of CMV drivers or the level of traffic safety. So, for example, the latest changes were adopted in the fall of 2020. Details of all time limits can be seen on the official FMCSA website. We have two basic categories of commercial drivers: operators who transport goods and drivers who transport passengers. Consequently, there are slight differences in their hours of service (HOS) regulations. Now we will look at the general provisions.

Hours of Service (HOS) rules, trucking case:

11-hour rule: This provision means that a commercial truck driver can operate a truck for a maximum of 11 hours and then take 10 hours of recreation. The standard is related only to the actual period of vehicle operation, not other work tasks.

14-hour driving period or window: Just as a driver switches his status to On-Duty, his 14-hour operating time limit begins (14-hour rule). After this period ends, he is obliged to rest 10 hours, even if, within 14 hours, he changes his status to Off-Duty or takes a sleep break according to the split sleeper berth rule.

70 h/8 days or 60 h/7 days rule — There are two options for periods, and fleet owners can choose which one they follow. This norm means that when a trucker starts his On-Duty shift and begins driving, he cannot go beyond 70/60 hours in 8/7 days. Anyway, there is a way to reset this period due to a 34-hour restart.

34-hour restart: The standard allows resetting those mentioned above 70/60-hours time periods. In this case, a driver has to take 34 consistent hours of Off-Duty status or Sleeper Berth.

10-hour break: According to DOT HOS, a driver has to make a compulsory break that lasts a minimum of 10 hours and switch to Off-Duty or Sleeper Berth status after exceeding the 11-hour or 14-hour limitation (14-hour rule).

Speaking about the human-carrying driver Hours of Service (HOS) rules, they differentiate from property-carrying vehicles in the number of hours. For instance, human transportation operators can operate only 10 hours after 8-hour rest (8 2 splits). Then their On-Duty period amounts to 15 hours. Passenger transporters are not allowed to take a 34-hour reset.

HOS Rules Changes Made in 2020

Further changes to HOS rules were made at the end of September 2020. Thus, the Agency aimed to give more flexibility to CMV drivers so they could more freely and conveniently manage their road time. These modifications were made for four exceptions.

1. Modifying affected the standard of a 30-minute break. What was it before? Until September 2020, such breaks were logged in the logbook with the Off-Duty or Sleeper Berth status. The commercial automobile driver can take this time in any mode. In addition, from now on, a 30-minute rest must be accepted only if the commercial driver has spent 8 hours at the wheel (8 2 splits). Previously, it was necessary to rest, regardless of whether it was a period of driving or the trucker was doing other work duties unrelated to driving.

2. The norm regarding the sleeper berth rules has also changed. Recall that a berth is a specially equipped area behind the trucker’s cab, where he can sleep or relax on a sleeper berth split in his free time. Totaled up, a CMV driver must spend 10 hours in a sleeping place. Previously, he could divide this time into 8 and 2 hours. At the same time, the 8-hour segment suspended the 14 hours, and the 2-hour one did not. The commercial driver can also split the 10-hour rest into 7 and 3 hours. Nevertheless, regardless of how the berth limit is divided, both parts are not comprised in the 14-hour window (14-hour rule).

3. Adverse driving conditions exception: Adverse conditions include sudden situations the CMV driver cannot influence. Such conditions can consist of natural disasters, sudden changes in weather, or road accidents. This provision permits drivers to drive an additional 2 hours. Instead of 11 hours, they have 13 hours of vehicle operation available in 14 hours. The 14-hour period remains unchanged. One more about adverse driving conditions exception – rules are changed permanently, so remember to check the adverse driving conditions exception legal status regularly.

4. Also, the exception for truck drivers who travel short distances has changed. It is now valid for truckers working within a 150-mile radius. Before that, the exemption was only granted to those working within 100 miles. In addition, the maximum working shift of drivers traveling short distances can be 14 hours. Previously, such truckers could work 12 hours.

5. Short-haul exemption from rules requires fleet management companies to track their drivers’ activity using an ELD. The short-haul exemption is available for many short-haul vehicles depending on some factors.

Hours of Service (HOS) Rules: Trucking Control and Fines

Truck driver Hours of Service (HOS) Rules are controlled by the Agency — FMCSA. Electronic logbooks are checked during DOT inspection. The drivers must strictly comply with the established rules of operating hours and record all status changes. Otherwise, they may receive fines. The penalties are contingent upon the specific HOS rules violation and can amount to insignificant sums of money and more than 10 thousand dollars.

DOT reports on the most common road traffic violations every year. And those related to DOT HOS regulations are the most frequent. Below are the most popular ones.

  • Outdated entries in the logbook. Drivers must always enter up-to-date data in their records, up to the last change in a duty status. Please do so to avoid a CSA 5 offense.
  • Violation of the 14-hour driving window rule. The same goes for the 11-hour driving rule. The average fine for such a violation can be over $ 7,000.
  • Falsifying logbook data is considered a 7-point severe violation and can cause $ 12,000 or more fines.

DOT Hours of Service Rules and ELD

In December 2019, ELD Mandate came into effect in the USA. Commercial drivers should only use the latest equipment to record working hours. The mandate will enter into force in Canada. It is allowed to use AOBRD.

Due to the electronic logging device (elog with electronic logbook), DOT HOS records have become more accurate due to the device’s technical features. The hardware connects directly to the commercial vehicle engine. It automatically changes statuses depending on the speed of the truck. The data received from the device is transferred to the driver’s electronic logbook. Usually, equipment manufacturers provide their customers with special software that includes not only the logbook but also other useful functions.

Regarding DOT HOS, ELD allows CMV drivers to send the received records to other devices. It’s a helpful feature when a driver needs to transmit data about his working hours and duty statuses to the equipment of state authorities, for example, during a DOT inspection. The official document stipulates that this can be done in several ways: via USB, Bluetooth, email, or Internet service.

By the HOS recording and the ELD usage, it was possible to significantly decrease the traffic hazard level with the involvement of commercial automobiles. So, according to the Agency, there are now almost 2000 fewer accidents than in earlier years. There were also fewer accidents with traumatic outcomes. In addition, adhering to working hours helps save about 26 lives each year.

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