FMCSA Rules
FMCSA Hours-of-Service Rules Explained (and How Carriers Cheat Them)
Quick answer
The short answer
FMCSA hours-of-service rules let a property-carrying truck driver drive up to 11 hours after 10 consecutive hours off duty, within a 14-hour on-duty window, with a 30-minute break after 8 hours of driving and a 60- or 70-hour weekly cap. Violations are proven by comparing ELD logs with fuel, toll, GPS, and dispatch records.
Driver fatigue is a contributing factor in roughly 13% of large-truck crashes according to the FMCSA Large Truck Crash Causation Study — and researchers consider that figure significantly underreported. Most of that fatigue traces back to a single root cause: hours-of-service (HOS) violations.
The core HOS rules
Under 49 CFR §395.3, a property-carrying commercial driver may:
- Drive up to 11 hours after 10 consecutive hours off duty.
- Not drive beyond the 14th consecutive hour after coming on duty.
- Take a 30-minute break after 8 cumulative hours of driving time.
- Not exceed 60 hours on duty in 7 consecutive days, or 70 in 8 days.
How carriers cheat (even with ELDs)
Electronic logging devices were supposed to end paper-log falsification. They didn't end the underlying pressure to drive past safe limits — they just moved how the cheating happens.
- Editing the log to mis-categorize driving time as "on-duty not driving."
- Coaching drivers to log the truck as in the shop while still moving freight ("personal conveyance" abuse).
- Two drivers sharing one login.
- Dispatcher pressure that forces drivers to choose between HOS compliance and keeping the job.
- Carriers paying by the mile rather than the hour — a structural incentive to push past limits.
How we prove HOS violations in court
ELD data is the starting point. We pair it with: fuel and toll records, GPS pings, weigh-station logs, dashcam timestamps, dispatch text messages, and the driver's phone records. Cross-referencing these is how falsified logs get exposed.
Related Practice Area
Truck driver fatigue accident lawyer