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    FMCSA Rules

    FMCSA Hours-of-Service Rules Explained (and How Carriers Cheat Them)

    10 min read··Cross & York

    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.

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