How Violating Hours of Service Rules Can Affect Your CDL

For commercial drivers, adhering to Hours of Service rules is critical to ensuring safety on the roads and maintaining a valid commercial driver’s license. These regulations limit the number of hours a driver can operate a vehicle in a given period, aiming to prevent accidents caused by fatigue. Violating HOS rules can result in serious consequences, including fines, penalties, and, in some cases, the suspension or revocation of your CDL.

If you’ve been cited for an HOS violation, it’s important to understand how it could impact your career. Depending on the severity of the violation, you may face additional sanctions or even a loss of driving privileges. Call an experienced Chicago CDL defense attorney at (312) 756-8652  to discuss your case and help you navigate the legal consequences of an HOS violation to protect your livelihood.

Common Types of HOS Violations

Hours of service violations are violations related to the regulations that govern the amount of time commercial drivers can spend on the road and how often they must take breaks. These regulations are designed to ensure safety by preventing driver fatigue. Here are some of the most common types of HOS violations:

1. Driving Over the Maximum Hours Commercial drivers are limited in how many hours they can drive within a specific period. For example, the Federal Motor Carrier Safety Administration (FMCSA) limits drivers to 11 hours of driving in a 14-hour workday. Driving beyond these limits can lead to a violation.
2. Failure to Take Required Rest Breaks Drivers are required to take a 30-minute break after driving for 8 consecutive hours. Failing to take this rest break or taking it at the wrong time is a common HOS violation.
3. Exceeding the 60/70 Hour Limit Commercial drivers cannot exceed 60 hours of driving in 7 consecutive days or 70 hours in 8 consecutive days. If a driver exceeds these limits, they are in violation of the HOS rules.
4. Failing to Log Hours Correctly Drivers must maintain accurate records of their driving hours using a logbook or an electronic logging device (ELD). Failing to log hours correctly or falsifying log entries is a significant HOS violation.
5. Failure to Take 10-Hour Rest Period Drivers are required to take a 10-hour rest period between shifts, during which they cannot drive. Not taking this break or taking less than 10 hours of rest between driving shifts is an HOS violation.
6. Inadequate Off-Duty Time Drivers are required to spend a specific amount of time off duty between driving periods. Violating these rules, either by failing to take adequate off-duty time or by not spending enough consecutive days off, can lead to penalties.
7. Failure to Comply with 34-Hour Restart Rule If a driver has worked 60 or 70 hours in a 7- or 8-day period, they can take a 34-hour restart, which resets their weekly driving limit. Failure to follow this rule or taking a restart improperly is an HOS violation.
8. Driving Without a Required ELD Drivers are required to use an electronic logging device (ELD) to track driving hours. Operating a commercial vehicle without an ELD when one is required is a violation of the HOS rules.
9. Violating State-Specific HOS Rules While federal HOS regulations set the basic rules, some states have additional restrictions or specific rules for local operations. Violating these state-specific regulations can also result in penalties.

HOS violations can lead to penalties such as fines, suspension of driving privileges, or even disqualification for repeat offenses. Adhering to HOS rules is crucial for the safety of drivers and others on the road.

How Violating HOS Rules Can Impact Your CDL

Violating hours of service regulations can have significant consequences for your CDL. HOS violations not only affect safety but can lead to penalties that impact your driving privileges. Here’s how violating HOS rules can impact your CDL:

1. Fines and Penalties: One of the immediate consequences of an HOS violation is the imposition of fines. These fines can be substantial and increase with repeated offenses. Failure to comply with HOS regulations could also lead to additional penalties, such as vehicle out-of-service orders, which can delay delivery times and cost your company money.
2. Accumulation of Points: Just like other traffic violations, HOS violations can result in points being added to your driving record. Accumulating too many points within a certain period can lead to the suspension or revocation of your CDL. The specific point system varies by state, but repeated HOS violations increase the likelihood of penalties.
3. Suspension or Revocation of CDL: If you accumulate too many violations, especially if you violate HOS rules on multiple occasions, your CDL could be suspended or revoked. For example, chronic HOS violations can lead to disqualification for a specified period, which may last from a few months to several years, depending on the severity of the violation and your history.
4. Increased Risk of Disqualification: Serious or repeat HOS violations may lead to disqualification from holding a CDL for a longer time. Under federal law, commercial drivers can face disqualification from operating commercial vehicles for serious offenses, such as falsifying logbooks or repeatedly exceeding driving limits.
5. Out-of-Service Orders: HOS violations can lead to an out-of-service order, meaning you will be temporarily prohibited from driving. These orders can be issued at weigh stations or roadside inspections. While you’re under an out-of-service order, you cannot drive, which can result in delays, lost wages, and potentially higher insurance premiums for your employer.
6. Impact on Insurance Rates: HOS violations can affect your CDL insurance rates, as insurers may consider you a higher risk for accidents due to fatigue. If your insurance rates increase, it can raise costs for both you and your employer, making it harder to retain a job or maintain a steady income.
7. Employer Consequences: Repeated or severe HOS violations can impact your employer as well, especially if they are cited for allowing drivers to violate HOS rules. This can result in penalties for the company, loss of contracts, or damage to the company’s reputation, which could indirectly affect your job stability.
8. Impact on Future Employment: Violating HOS rules may affect your ability to find work as a commercial driver. Employers often conduct background checks and review driving records before hiring. A history of HOS violations can make you less competitive in the job market, as many companies prioritize drivers with clean records.

Overall, HOS violations can severely impact your CDL status, leading to fines, suspension, or disqualification, along with other professional and financial consequences. Adhering to HOS regulations is crucial to maintaining your CDL and ensuring your safety on the road.

How a CDL Defense Attorney Can Help with HOS Violations

A CDL defense attorney can be invaluable if you are facing penalties for HOS violations. Here’s how an attorney can assist:

1. Reviewing Your Case: A CDL defense attorney will carefully review the circumstances surrounding your HOS violation, including your logbook entries, electronic logging device (ELD) records, and any supporting documentation. They will assess whether the violation was valid or if there were errors in reporting or discrepancies that could be used to challenge the charges.
2. Negotiating Penalties: If the violation is clear but the penalties are harsh, an attorney can negotiate on your behalf to reduce the fines or penalties. They may be able to work out a plea deal that minimizes the impact on your CDL, such as reducing the fine or preventing points from being added to your driving record.
3. Challenging the Violation: A CDL defense attorney can challenge the HOS violation itself, particularly if there are grounds to argue that the violation was not justified. For example, they might contest the accuracy of your logbook, the legality of the inspection, or the way the violation was cited. If successful, this could result in the dismissal of the charges or reduced consequences.
4. Defending Against Serious Violations: In cases where you face serious violations, such as falsifying logs or excessive driving hours, an attorney can help you understand your legal options. They can represent you during hearings or proceedings to ensure that your rights are protected and work toward minimizing the consequences, such as avoiding a CDL suspension or disqualification.
5. Protecting Your CDL Record: An attorney can work to prevent points from being added to your record or a suspension from taking effect, which could prevent long-term damage to your CDL and livelihood. They will use their knowledge of state and federal regulations to help you maintain a clean record.
6. Guiding You Through the Legal Process: The legal process for defending against HOS violations can be complicated, especially if you’re unfamiliar with the specific regulations governing commercial driving. A defense attorney will guide you through every step of the process, ensuring you meet all deadlines, understand the potential consequences, and have a strategy in place.
7. Reducing Insurance Impact: HOS violations can lead to higher insurance premiums, making it harder to find affordable coverage. A defense attorney can work with your insurer or legal team to help mitigate the impact of the violation on your rates, potentially saving you money in the long term.
8. Preventing Future Violations: An experienced attorney can offer advice on how to avoid future HOS violations, such as helping you better understand logging requirements or reviewing your current practices. This can be especially helpful for drivers who want to ensure compliance and avoid repeating the same mistakes.

A CDL defense attorney can help protect your career, finances, and driving privileges by challenging HOS violations, negotiating penalties, and ensuring that you have the best chance of minimizing the consequences of a violation.

Legal Options After Violating Hours of Service Rules – Consult with a CDL Lawyer

Violating Hours of Service rules can have a lasting impact on your CDL and your ability to drive professionally. If you’ve received a citation for an HOS violation, it’s crucial to take action as soon as possible to protect your rights and prevent further penalties. Reach out to an attorney who understands the complexities of CDL law and can guide you through the process. Don’t wait—contact us today to discuss your options and safeguard your career.