HOS Violations and You

Maintaining accurate and complete records of your Hours of Service (HOS) has been a part of trucking for a long time. With CSA-2010, this becomes even more important. But, only if you want to continue making your living driving. 

So, what can D.O.T. do if you are found in violation on HOS? 

At the bottom end of the scale, an enforcement officer or agency can simply shut you down until you are legal. You will be told to park and not move until you have met HOS requirements. If you are in violation of the “Ten Hour Rule,” you won’t be able to move until you complete a ten hour break from driving in the sleeper or off duty. If you are in violation of the “Seventy Hour Rule,” you will be parked for thirty-four hours before you can move.

In addition to being shut down, state and local enforcement agencies can fine you for being in violation of the HOS rules. This will vary from location to location and by agency finding you in violation.

FMCSA may also levy fines against you and/or your company. FMCSA fines can vary from $1,000.00 to $11,000.00. The amount of the fine can vary depending on the FMCSA’s judgment of the severity of the violation. Note that this is a civil action, not a criminal action.

If lots of the drivers who work for you company violate HOS rules, your company’s safety rating could be downgraded. 

Finally, you could be criminally charged if you willingly and knowingly violate HOS rules. If your company allows or requires you to violate HOS rules, they can also be criminally charged. Note that a criminal charge and/or conviction are far more serious than a civil charge. Penalties can range from fines, probation and even prison time if found guilty.

What can you do? 

So, what if you are just bad a math or make a lot of mistakes on your logbook? Could you prove that you are just a goof? Would an enforcement agency cut you a little slack if you had your third grade teacher testify that you just couldn’t get the math stuff? 

I don’t think a “stupid” defense will convince anyone except maybe your mother-in-law and your attorney. Maybe your wife if you’ve been married for a while. Otherwise, get out your checkbook.

It might be cheaper to make sure your logbooks are right to begin with. If you want to be certain, consider using a program like EZ-Log. It can make sure your math is right every day. Plus, it will tell you exactly how many hours you have available on your “Seventy” before you begin your driving day. All in less than five minutes a day. Go to here to find out more.