Hours of Service Rules for New Carriers: What FMCSA Will Check in Your Audit

Hours of service violations are the most commonly cited issue in roadside inspections nationwide. For new carriers they are also one of the easiest audit areas to fail, because a small ELD configuration mistake or a missing log entry compounds across every driver and every day. This guide breaks down the rules in plain English and explains what auditors actually check.

The core HOS limits for property carriers

1. 11-hour driving limit

   A driver may drive a maximum of 11 hours after 10 consecutive hours off duty.

2. 14-hour on-duty window

   Driving is not permitted beyond the 14th consecutive hour after coming on duty, following 10 hours off. The 14-hour window does not pause for breaks or fuel stops.

3. 30-minute break

   Drivers must take a 30-minute break after 8 cumulative hours of driving time. The break can be off-duty, sleeper berth, or on-duty not driving.

4. 60/70-hour limit

   A driver may not drive after 60 hours on duty in 7 consecutive days, or 70 hours in 8 consecutive days, depending on whether the carrier operates every day of the week.

5. 34-hour restart

   The 60/70-hour clock resets after 34 consecutive hours off duty.

6. Sleeper berth split

   A driver may split the required 10 hours off into two periods: at least 7 consecutive hours in the sleeper berth plus a separate period of at least 2 hours off duty, sleeper berth, or any combination of those, totaling at least 10 hours.

Short-haul exception

The short-haul exception in 49 CFR 395.1(e)(1) allows certain drivers operating within 150 air miles of their normal work-reporting location to use time records instead of an ELD, as long as the driver returns to that location within 14 hours. New carriers running local operations should know whether their work qualifies for this exception, because it changes the ELD requirement entirely.

ELD requirements

Almost every interstate property carrier must use an ELD that is on the FMCSA registered devices list. Auditors will:

• Confirm the device make and model appears on the FMCSA registered ELD list at fmcsa.dot.gov
• Ask for the ELD instruction sheet and malfunction procedures that must be in each vehicle
• Request six months of driver logs (or all logs to date if you have been operating less than six months)
• Cross-check logs against supporting documents -- fuel receipts, toll records, dispatch records, BOLs

Supporting documents

Under 49 CFR 395.11, carriers must retain at least eight supporting documents per driver per 24-hour period, up to a defined maximum, that allow auditors to verify HOS accuracy. These are documents generated in the normal course of business -- fuel purchase receipts, electronic toll records, dispatch records, and bills of lading. Keep them organized by date and driver.

The most common HOS audit findings

• Driver logging on-duty time as off-duty (falsification, a critical violation)
• Missing supporting documents
• Personal conveyance used to extend the 14-hour window beyond legal limits
• Unassigned driving time on the ELD never reconciled
• Logs that show driving but no corresponding fuel or BOL records

What you should do this week

1. Verify your ELD is on the registered devices list

   Search the FMCSA list before your audit. If your device is not registered, you must replace it.

2. Install the ELD instruction sheet in every vehicle

   This is a hard requirement -- auditors look for it.

3. Set up a weekly log review

   Spot-check each driver's logs against fuel and BOL records weekly to catch falsification early.

4. Train drivers on the 30-minute break and split sleeper rules

   These are the rules drivers most commonly forget, and they generate roadside violations.

5. Build a supporting-document filing system

   Organize by driver and by week. At the audit you will be glad you did.

How ClearToHaul handles HOS compliance

ClearToHaul's Done-For-You Compliance Package verifies your ELD is on the registered list, sets up the in-cab documentation, builds a supporting-document filing system, and trains you on weekly log review. Monthly Compliance Management continues the log review and flags risk before it becomes a citation.