Hours-of-Service Violations: The Most Common Driver Out-of-Service Trigger

Filed under: Hos eld

Hours-of-Service violations are one of the fastest ways to get a driver placed out-of-service during a roadside inspection. This guide breaks down the most common triggers, what officers look for, and the controls that prevent repeat violations.

Introduction

Hours-of-Service (HOS) violations are among the most common driver-related Out-of-Service (OOS) triggers during roadside inspections. Under 49 CFR Part 395, commercial drivers must comply with strict limits on driving time, duty periods, and required rest breaks.

Unlike minor paperwork errors, certain HOS violations can immediately place a driver out of service, resulting in operational disruption and compliance consequences.

For a foundational overview of HOS requirements, see our Hours-of-Service Rules Guide.

What Triggers an HOS Out-of-Service Order

During a roadside inspection, officers review Electronic Logging Device (ELD) data or Record of Duty Status (RODS) entries. Common OOS-triggering violations include:

Exceeding the 11-hour driving limit
Exceeding the 14-hour duty window
Failing to take the required 30-minute break
False or materially inaccurate log entries

If a driver is found to be operating beyond allowable limits, enforcement may require an immediate off-duty period before the vehicle can continue.

Intent is not required for enforcement. Even unintentional miscalculations can result in OOS status.

Enforcement and Operational Impact

An HOS-related OOS order may result in:

Immediate shutdown for mandatory rest period
Delivery delays and missed appointment windows
Increased CSA Driver BASIC score impact
Elevated inspection frequency

Repeated violations increase regulatory scrutiny and can negatively influence safety profiles and insurance risk assessments.

Driver-related violations often appear alongside vehicle-related findings, such as those discussed in our Brake System Violations Guide.

Why HOS Violations Occur

Common contributing factors include:

Misunderstanding split-sleeper provisions
Improper ELD data entry
Failure to monitor remaining drive time
Pressure from tight delivery schedules

Drivers sometimes rely on estimated remaining time rather than actively tracking available hours. However, enforcement relies on precise log data, not subjective estimates.

Preventive Compliance Controls

To reduce HOS-related enforcement exposure:

Monitor available drive time in real time.
Understand split-sleeper and adverse condition exceptions.
Verify ELD entries at the end of each duty period.
Avoid manual log corrections without documentation.
Plan routes with realistic buffer time.

Driver compliance should be managed as part of an integrated system alongside documentation requirements such as the Driver Qualification File Requirements.