Hours of Service Compliance and ELD Log Audits

What are the hours of service rules for truck drivers?

Property-carrying drivers follow the limits in 49 CFR 395.3. Every day starts with at least 10 hours off duty in a row. After that, the clock runs.

• 14-hour window: you can't drive after the 14th hour since you came on duty. Breaks don't stop this clock.
• 11-hour limit: you can drive up to 11 hours inside that 14-hour window.
• 30-minute break: after 8 hours of driving, you need a 30-minute break in a row. Off duty, sleeper berth or on-duty not driving all count.
• 60/70-hour limit: no driving after 60 hours on duty in 7 days, or 70 hours in 8 days if your company runs every day of the week.
• 34-hour restart: 34 or more hours off duty in a row restarts your 7- or 8-day period.

How does the sleeper berth split work?

Under 395.1(g), you can split your 10 hours off into two periods. One period must be at least 7 hours in a row in the sleeper berth. The other must be at least 2 hours, off duty or in the sleeper. Together they must add up to at least 10 hours.

When you split correctly, the qualifying rest periods don't count against your 14-hour window. Splits are a common source of log errors, so we check them closely.

Who qualifies for the short-haul exception?

The short-haul exception in 395.1(e)(1) lets some drivers skip a full record of duty status. You must stay within 150 air miles of your normal work reporting location. You must return there and be released within 14 hours. You also need 10 hours off between shifts.

You still have to keep time records for 6 months. They must show when you came on duty, when you were released, and total hours each day. Drivers who qualify are also exempt from the 30-minute break.

What supporting documents do you have to keep?

Logs alone are not enough. Under 395.11, drivers must turn in supporting documents within 13 days. You keep them with the logs for at least 6 months, as 395.8(k) requires. Investigators compare these papers with the ELD to see if the times match.

You don't have to keep more than 8 supporting documents for one driver's 24-hour period. Each one should show the driver or unit number, date, location and time.

• Bills of lading, itineraries or schedules
• Dispatch records and trip records
• Expense receipts, like fuel and tolls
• Electronic mobile communication records, like fleet messaging
• Payroll or settlement records

What happens with false logs and HOS violations in an audit?

Making a false log, or letting a driver make one, breaks 395.8(e). Tampering with an ELD or blocking its signal is also banned. Investigators find false logs by comparing your ELD data with fuel receipts, tolls, bills of lading and GPS records.

In a new entrant safety audit, the only automatic-failure item for logs is failing to require drivers to keep a record of duty status at all. It triggers when 51% or more of the records checked show it (385.321). False logs and driving over the 11-hour, 14-hour or 60/70-hour limits are not on that list. They are critical violations under Appendix B to Part 385. A pattern means more than one violation and at least 10% of the records checked. A pattern of critical violations adds points against you and can cost you the operational factor and your safety rating. ELD tampering is an acute violation, which counts even more.