The requirement for commercial trucks to use an electronic logging device (ELD) hasn't changed the rules for hours of service (HOS), only how we record them. In the past, truckers had ways to "get around" the HOS rules.

• "Pencil whipping" (the same as falsification)
• Keeping two logbooks (also falsification)

Keeping false records is illegal, and drivers who falsify their logbooks face harsh fines and other penalties.

Nowadays, ELDs make falsifying logs a lot more difficult.

Overview of Hours of Service (HOS) Rules

The Federal Motor Carrier Safety Administration (FMCSA) regulates the hours you can drive in a day. Here's a summary of the current rules:

10 Hours Off-Duty Rule

The FMCSA requires truck drivers to take a break of 10 consecutive hours off-duty time before they can begin driving. You can log your off-duty break as "Sleeper" or ‚"Off Duty" or a combination of both.

Example: At the end of your workday, you park at a truck stop, complete your post-trip inspection and change your duty status to "off duty."

By FMCSA rules, if your post-trip takes less than 15 minutes, you don't need to show it as on-duty time. However, you need a flag in the remarks that shows "Post-Trip, 10 min." (or whatever amount of time) and the location.

You get a shower and a meal while logged "Off Duty". After that, you return to the truck and change your duty status to "Sleeper" You watch TV for an hour and then read a couple of chapters in a novel before getting some shuteye. You can log "Sleeper" while you watch TV and read as long as you're in the sleeper berth.

You can have any combination of "Sleeper" and "Off Duty" as long as they add up to 10 hours.

 You can log the full 10 hours in "Sleeper" If you spend the night at home, a friend's house, or (not recommended) a casino, you can show the full 10-hour break as "Off Duty".

Myth Buster: We've heard some drivers say you can show off-duty while you're in the sleeper berth. Guidance from the FMCSA says your logs must show your actual activity.

New 7/3 Split Sleeper Berth Rule

You can split up your 10-hour break into two different times of day if you log at least 7 consecutive hours in the sleeper. For example, you take a 3-hour driving break at a truck stop and then drive for 5 more hours. You can then log 7 or more hours in the sleeper and it satisfies the 10-hour rule.

As an owner-operator, you're allowed to log off duty time while using your truck for personal conveyance (many ELD programs have a "Line Six" for this). That is, while you're using the truck to transport yourself only, without a load, you can log off-duty.

This rule only applies to unladen trucks. In other words, you can only log personal conveyance when you're not under a load.

11 Hours Driving Rule

After 10 consecutive hours of off-duty time, you can drive up to 11 hours in a workday. After that, you will need to take another 10-hour break before you can begin driving again.

14 Hours On-Duty and Driving Rule

Once you go to on-duty status after a 10-hour break, you cannot drive after 14 hours without another 10-hour break. That is, at 0700 hours (7 am) if you change your duty status to "On Duty" or "Driving" after your 10-hour break, you can only drive until 2100 hours (9 pm).

Think of it as a 14-hour window in which you must finish driving for the day. Remember, you can only drive 11 hours within that 14-hour period.

You can continue to log "On Duty" after 14 hours. If you continue to work in non-driving status past the 14 hours, you will still have to take a 10-hour break before you can drive again.

30 Minute Driving Break Rule

In a workday, you must take a break before you've spent 8 consecutive hours driving. You must spend at least 30 minutes of non-driving time within that 8 hours.

The best way to think of it is, if you've been driving for more than 3 hours, you will need to plan to stop driving for at least 30 minutes within the next 5 hours. It doesn't have to be off-duty time, only non-driving time.

Let's say you've been driving for 4 hours and then spend 30 minutes or more unloading at the consignee. Even though you're logged "On Duty" it still counts.

70 Hours Limit

This rule is a little complex. You can work up to 70 hours in a rolling 8-day period.

That means if you've been working for 7 days, and your driving and on-duty time total 65 hours in those 7 days, you can only work for 5 hours the next day.

70 - 65 = 5 hours

Example: Let's say you finish driving on a Saturday with 5 hours that you can work the next day. You had begun your week on the previous Sunday, and your on-duty and driving time that day added up to 10 hours. 

The next workday, Sunday, you only have 5 work hours available. You drive 4 hours and spend 30 minutes on-duty not driving. That leaves you with 30 minutes.

However, when you roll into Monday, the 10 hours you worked on Sunday of the previous week no longer count toward the 70-hour rule. You now have 10 hours available for your workday.

70 - 65 (Prev Sun through Sat) - 4 (Sun) + 10 (Prev Sun) = 10 hours

34 Hour Restart

Whenever you log 34 consecutive hours off-duty time (any combo of "Off Duty" and "Sleeper" status in your logs), you have a full 70 hours available for the next 8 days.

The FMCSA has no rule that says you have to get a 34-hour reset. You only have to comply with the 70 hours rule. Remember, every 9th day, the hours you worked 9 days before go into the bucket of hours available.

When you continue to run without a 34-hour reset, it's known as "running on recaps."

There's a trick that seasoned road warriors use to make sure they never run out of hours available on the 70 hours rule. Since we're talking about maximizing your hours of service, we'll take a look at that. But first, there are a couple more things about hours of service you need to keep in mind.

What Are the Most Common Hours of Service (HOS) Violations?

The Electronic Logging Device (ELD) mandate now requires trucks with an engine year model of 2000 or later to use an ELD for keeping driving records. By collecting the data automatically, the ELD mandate has almost eliminated some of the violations which the DOT found with paper logs. Some of these include:

• Form and manner
• Falsification
• Missing logs

However, during the 2019 Commercial Vehicle Safety Alliance's (CVSA) International Roadcheck, Inspectors found several HOS violations in spite of electronic logging requirements.

• Hours of Service: 1,179 violations; 37.2% out of service
• False Logs: 467 violations; 14.7% out of service

Tips to Maximize Hours of Service

With the HOS limits, you’re faced with planning for safe and legal delivery. If you want to make good earnings, you have to make the most of the hours available.

The 8 Hour Trick

Remember how we said there's a trick that seasoned drivers know to avoid breaking the 70 hours rule? Well, here it is:

Plan your workday, so that you log no more than 8 hours of driving and on-duty time.

If you do the math, you'll see that 8 hours per day over 8 days is 68 hours. That gives you some cushion if you do have a day or two where you work longer.

A lot of drivers prefer to take a 34-hour restart every week. But if you run for several weeks without days off, the 8 hours a day trick will keep you out of trouble.

End of the Day Tasks

Once you start your workday, you have a 14-hour window to get in your miles for the day. If you prepare for the next day of driving when you shut down for the night, you won't have to burn up daylight with a lot of prep the next day.

• If you can, fuel your truck before you park for your 10-hour break. Be careful not to overfill, when the sun comes up it can heat up the diesel fuel and cause it to expand. You don't want fuel to flow out of your tanks.
• If you find defects during your post-trip, and you can correct them right away, do so. 

Start From the End

When you do your trip planning, begin with the time you need to deliver the freight. You might want to back up the time an hour or more to account for surprise delays.

Suppose your delivery appointment is 1000 hours (10 am) on Wednesday. You might want to add some cushion and make your trip plan as if you're arriving at 0800 hours (8 am).

From there, plan your stops for fuel and breaks in reverse order. That is, plan the time you arrive at the last stop before the delivery and work backward.

This backward planning model will help you see what time and day you need for each task. It will help you determine the best time to take your breaks, when to stop for fuel, and more.

Conclusion

With the right planning, you don't have to let the hours of service (HOS) regulations keep you from decent earnings. You can plan your breaks, fuel stops, and HOS restart times so that you can complete each haul safe and legal.

Knowing the HOS rules is the first step in planning. Make sure you can complete your haul within the limits.

• 70 hours every 8 days.
• 11 hours per day
• 14 hours after coming on-duty
• A 30-minute break within 8 hours of driving

You must log at least 10 hours of off-duty time after each workday before driving the next day.

Using the backward-planning model we shared, you can plan all of your stops and break times so that you can make on-time, safe, and legal delivery.

You might find these other articles helpful:

DVIR: Pre-Trip and Post-Trip Inspections

How to Get the Best Freight Rates

The Weight of Diesel Fuel: Get Your Truck Axle Weight Right Every Time