HOS Violations and Breaks

The following violations can be reported based on your hours-of-service report:

Driving Limit Violations

Within a work shift, a limit exists on the time you may spend driving, before a between-shifts rest break is necessary. Hours of Service uses the following driving limits:

11 hours for federal US rules
12 hours for California, Florida, and Texas rules
13 hours for Canada South rules

Federal Rest Break Violation

According to federal US rules, you may not drive for more than 8 consecutive hours without taking a rest break of at least 30 minutes. You can spend this break either off duty or in the sleeper berth, or waiting in an oilfield (if you are using oilfield options).

On-Duty Limit Violations

Within a work shift, you can be on duty (driving or performing on-duty tasks) for a limited amount of time. After this time limit, you may not drive before you have completed a between-shifts rest break. Hours of Service uses the following on-duty limits:

14 hours (including rest breaks) for federal US rules
14 hours (not including rest breaks) for Canada South rules
15 hours (not including rest breaks) for Texas rules
16 hours (including rest breaks) for California and Florida rules
16 hours (including rest breaks) for Canada South rules

This violation rule is about driving. If you do not start driving after the time limit stated above, this violation is not recorded. For example (if using federal US rules), after 14 hours spent on duty or driving, you can perform non-driving tasks without violating this rule. If, however, after that, you start driving again before taking another 10-hour break, a violation is recorded against this rule.

Exceptions that Hours of Service applies to the on-duty limit rule are:

The 16-hour on-duty limit rule, which allows a single violation of the on-duty limit rule (up to 16 hours on duty) within a weekly on-duty period. This exception is applicable to federal US rules only.
The 100 air-mile exemption rule, which allows for different limits if you stay within a 100 air-mile radius of a specific location and return to that location within 12 consecutive hours. This exception is applicable to federal US rules only.
The non-CDL short-haul exemption rule, which allows for different limits if you drive a vehicle that doesn't require a commercial drivers license, stay within a 150 air-mile radius of a specific location and return to that location every day. This exception is applicable to federal US rules only.

Federal 16-Hour On-Duty Limit Violation

Once within a weekly on-duty period (between two long rest breaks), you can be on duty (driving or performing on-duty tasks) for up to 16 hours if you meet the following requirements:

Use federal US rules.
Start from and return to the same location as for the previous 5 work shifts. You may have long rest breaks between these 5 work shifts.
Take a continuous between-shifts rest break, and not a split between-shifts rest break, before and after the shift.
Use the exemption only once within a weekly on-duty period (between two long rest breaks).

See Enabling the 16-Hour Exemption for more information.

Weekly On-Duty Limit Violations

The weekly on-duty period and the required long rest breaks between the periods depend on the rule set that you use:

Federal US rules

According to federal US rules, you may not drive if you have spent either 60 hours within 7 consecutive days or 70 hours within 8 consecutive days on duty. To be allowed to drive again you must take a long rest break of 34 or more consecutive hours. Otherwise, a violation is noted in Hours of Service.

You can use either the 60 hour-7 day rule or the 70 hour-8 day rule, but not both. The rule to use depends on how many days per week your organization operates, and which rule set your organization uses.

 

California rules

According to California rules, you may not drive if you have spent 80 hours within 8 consecutive days on duty. To be allowed to drive again you must take a long rest break of 34 or more consecutive hours. Otherwise, a violation is noted in Hours of Service.

Texas rules

According to Texas rules, you may not drive if you have spent 70 hours within 7 consecutive days on duty. To be allowed to drive again you must take a long rest break of 34 or more consecutive hours. Otherwise, a violation is noted in Hours of Service.

Florida rules

According to Florida rules, you may not drive if you have spent either 70 hours within 7 consecutive days or 80 hours within 8 consecutive days on duty. To be allowed to drive again a long rest break of 34 or more consecutive hours is required. Otherwise, a violation is noted in Hours of Service.

A driver can use either the 70 hour-7 day rule or the 80 hour-8 day rule, but not both. The rule to use depends on how many days per week your organization operates.

 

Canada South rules

According to Canada South rules, which apply to the area south of 60 degrees latitude, you may not drive if you have spent either 70 hours within 7 consecutive days or 120 hours within 14 consecutive days on duty. If using the 7 day period, you may drive again after you have taken a long rest break of 36 or more consecutive hours. If using the 14 day period, you may drive if you have a rest period of 24 or more consecutive hours after the first 70 hours of on-duty time and a long rest period of 72 or more consecutive hours after the remaining 50 hours of on-duty time. Otherwise, a violation is noted in Hours of Service.

You can use either the 70 hour-7 day rule or the 120 hour-14 day rule, but not both. The rule to use depends on how many days per week your organization operates.

100 Air-Mile Exemption Rule Violations

If you are using federal US rules, you might be able to use the 100 air-mile exemption. This rule exempts you from complying with the federal rest break rule, which requires you to take a rest break of 30 minutes or more if driving for more than 8 hours. To be eligible for the 100 air-mile exemption you must:

Return to the same location where you started your shift, within 12 hours of the start of your shift.
Not drive for more than 11 hours without having a rest break of 10 consecutive hours.
Not go further than 100 air-miles (185200 meters) away from where you started your shift.

If you violate any of these, the 100 air-mile exemption is canceled and normal on-duty limits and break requirements apply.

See Enabling the 100 Air-Mile Exemption for more information.

Non-CDL Short-Haul Exemption Rule Violations

If you are using federal US rules, you might be able to use the non-CDL short-haul exemption. This rule exempts you from complying with the federal rest break rule, which requires you to take a rest break of 30 minutes or more if driving for more than 8 hours. See Enabling the Non-CDL Short-Haul Exemption for more information about how to qualify, which rules apply and how to turn the exemption on or off.

If you violate the non-CDL short-haul exemption rule, the exemption is canceled and normal on-duty limits and break requirements apply.

Breaks

The following types of breaks are defined for the purposes of hours-of-service reporting:

30-minute rest break

According to federal US rules, you may not drive for more than 8 consecutive hours without taking a rest break of at least 30 minutes. You can spend this break either off duty or in the sleeper berth, or waiting in an oilfield (if you are using oilfield options).

Between-shifts rest break

Between work shifts, you must take rest breaks of 8 (for Texas rules) or 10 (for other rule sets) consecutive hours. These breaks are required to restart your driving allowance for the next work shift. Between-shifts rest breaks can be spent:

Entirely in the sleeper berth.
Entirely off duty.
Entirely in the ‘Waiting’ state (when using oilfield options).
As a combination of off-duty time, waiting and sleeper-berth time with no interruptions.

Split between-shifts rest breaks

Between work shifts, you can also take split rest breaks rather than continuous rest breaks. Split rest breaks allow you to restart your driving allowance if the following requirements are met:

One rest break must consist of at least 8 consecutive hours spent in the sleeper berth.
The second rest break must consist of at least 2 consecutive hours spent off duty, waiting, in a sleeper berth or as a continuous combination of two of these states.
If using oilfield options, the split rest break is a combination of 2 different rest periods of at least 2 hours that when summed together make at least 10 hours. Requirements for the periods:
oAt least 1 of the rest periods must be at the oilfield.
oA rest period at the oilfield can be off-duty, waiting or sleeper-berth time or a continuous combination of them.
oA rest period outside the oilfield can only be sleeper berth time.

You can separate the two split rest breaks by driving time. The driving time between the two split rest breaks counts towards the work shift after the rest break.

Long rest breaks between weekly on-duty periods

Between weekly on-duty periods, you must take long rest breaks to restart your driving allowance for the next weekly on-duty period.

The required length of the long rest break between weekly on-duty periods depends on the rule set you are using:

If you are using any US rule sets, a long rest break of 34 consecutive hours is required.
If you are using the Canada South 70 hour-7 day rule, a break of 36 consecutive hours is required.
If you are using the Canada South 120 hour-14 day rule, a break of 24 consecutive hours is required after the first 70 hours of on-duty time and a break of 72 consecutive hours is required after the remaining 50 hours.

You must spend long rest breaks off duty.