Hours-of-Service (HOS) Violations (FMCSA Codes 395.8, 395.15)

Hours-of-Service (HOS) Violations (FMCSA Codes 395.8, 395.15): What Truckers Need to Know

Hours-of-Service (HOS) regulations are critical to truck safety, designed to prevent fatigue-related accidents. Violations under FMCSA Codes 395.8 and 395.15 are among the most common reasons commercial drivers are cited and can even result in Out-of-Service (OOS) orders.

For new authority carriers, HOS violations can impact safety, compliance records, and commercial truck insurance premiums. Understanding the rules and how to avoid violations is essential for running a safe, profitable trucking operation.

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What Are FMCSA Codes 395.8 and 395.15?

The Federal Motor Carrier Safety Administration sets federal limits on driving and on-duty hours to reduce driver fatigue:

• FMCSA Code 395.8 outlines HOS limits, including maximum driving hours, on-duty time, and required rest breaks.
• FMCSA Code 395.15 governs recordkeeping, requiring drivers to maintain accurate logs of hours-of-service, whether manually or electronically.

Compliance ensures drivers remain alert and safe while on the road.

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Why HOS Violations Are Serious

Fatigued drivers are a major risk factor for accidents. Violating HOS rules can lead to:

• Increased risk of crashes
• Roadside OOS orders
• Fines and penalties
• Negative impact on your CSA (Compliance, Safety, Accountability) score

For new authority carriers, these violations are closely monitored by both regulators and insurance providers.

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Common Hours-of-Service Violations

Understanding frequent HOS issues can help prevent costly penalties.

1. Driving Beyond Maximum Daily Limits

Commercial drivers cannot exceed the daily driving limit (11 hours for property-carrying drivers) without proper rest.

2. Exceeding On-Duty Time

Total on-duty time cannot exceed 14 hours, including driving and other work-related duties.

3. Missing Required Rest Breaks

Drivers must take a 30-minute break after 8 hours of driving.

4. Inaccurate or Missing Logbooks

Failing to record hours accurately is a common violation, especially during manual log audits.

5. Violating Weekly HOS Limits

Drivers cannot exceed cumulative weekly limits (60 hours in 7 days or 70 hours in 8 days for property carriers).

6. Failure to Use Electronic Logging Devices (ELDs)

Drivers required to use ELDs but failing to do so can face citations.

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Out-of-Service Criteria for HOS Violations

A driver may be placed out of service if:

• Driving beyond HOS limits
• Failing to take required breaks
• Refusing to maintain logs
• Operating without required ELD documentation

OOS orders stop the driver from continuing until proper rest and records are verified.

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How HOS Violations Affect Truck Insurance

Insurance providers view HOS violations as indicators of increased risk due to driver fatigue.

Insurance Consequences:

• Higher premiums for carriers with repeated violations
• Limited access to top-rated insurance companies
• Increased scrutiny during underwriting
• Potential impact on claims if fatigue contributes to an accident

Maintaining HOS compliance can help lower your risk profile and insurance costs.

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How to Prevent Hours-of-Service Violations

Preventing HOS violations requires discipline, proper planning, and recordkeeping.

Best Practices:

• Track hours accurately with ELDs or approved logs
• Schedule routes to include required rest breaks
• Educate drivers on HOS rules
• Monitor weekly driving limits to avoid cumulative violations
• Conduct random audits of driver logs for accuracy

Compliance Tips:

• Plan schedules to avoid HOS violations during peak traffic or delays
• Encourage drivers to report fatigue and rest when necessary
• Maintain records for at least six months for audit purposes

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Why Compliance Matters for New Authority Carriers

New authority trucking companies are under heavy scrutiny during their first year. HOS violations can:

• Increase insurance premiums
• Lower CSA safety scores
• Lead to more frequent inspections and fines
• Damage reputation with brokers and shippers

Staying compliant helps you establish a trustworthy record with regulators and insurers alike.

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How JDW Truckers Insurance Helps New Authorities

JDW Truckers Insurance works with new authority carriers to manage risk and maintain compliance. We:

• Connect carriers with top-rated insurance providers
• Offer guidance on HOS regulations and compliance strategies
• Help reduce premiums through safety-focused practices
• Support your long-term growth and operational success

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Frequently Asked Questions (FAQ)

What is FMCSA Code 395.8?

It outlines maximum driving and on-duty limits for commercial drivers to prevent fatigue.

What is FMCSA Code 395.15?

It covers HOS recordkeeping requirements, including logs and electronic logging devices (ELDs).

Can HOS violations result in OOS orders?

Yes, drivers exceeding limits or failing to maintain logs can be placed out of service.

Do HOS violations affect insurance rates?

Yes, repeated violations signal increased risk and can raise premiums.

How often should driver hours be reviewed?

Daily tracking is required, with ongoing audits for accuracy and compliance.

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Final Thoughts

Hours-of-Service violations under FMCSA Codes 395.8 and 395.15 are preventable but highly regulated. For new authority carriers, compliance is crucial for safety, insurance, and operational efficiency.

By planning routes carefully, tracking hours accurately, and educating drivers on HOS rules, you can avoid violations, protect your drivers, and maintain a strong safety record.

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