How Long Does an HOS Violation Stay on Your Record?
Hours of Service (HOS) violations are a serious concern for commercial drivers and carriers. They directly impact safety, compliance, and employment opportunities.
If you've ever wondered, "How long does an HOS violation stay on your record?" the answer can vary depending on the type of violation and the specifics of the case.
FMCA Filings provides essential services to carriers around the nation, including our rapid-response FMCSA compliance checklist. In this post, you'll find important information about HOS violations.
Generally, an HOS violation remains on your Federal Motor Carrier Safety Administration (FMCSA) record for three years. However, in some cases — like drug and alcohol violations — records can stay on file for up to five years in the FMCSA Clearinghouse, the agency's online database.
Understanding Hours of Service Violations
HOS violations occur when drivers exceed the time permitted by regulations for driving or being on duty. Violations can also cite failure to take mandatory breaks or maintaining an inaccurate logbook of hours worked.
These are some of the most commonly cited HOS violations.
Exceeding Driving Limits
The limit for drivers carrying property is 11 hours of driving after 10 consecutive hours off duty.
The limit for drivers carrying passengers is 10 hours of driving after 8 consecutive hours off duty.
14-Hour Rule
This rule provides that property-carrying drivers must not drive beyond the 14th consecutive hour on duty after at least 10 consecutive hours off duty.
On-Duty Time Mismanagement
On-duty time includes the entire period that begins when a driver starts work until relieved from duty. Of course, that includes all break time and stops.
Inaccurate Logbooks
Since 2017, drivers must use an FMCSA-compliant electronic logging device (ELD) to record hours of service. ELDs automatically sync with a commercial vehicle's engine to track driving time, HOS, and other relevant data. Intentionally entering inaccurate information into logbooks is a serious HOS offense.
How HOS Violations Impact Driving Records
How long does an HOS violation stay on your record? HOS violations have long-term consequences. They affect a carrier's Compliance, Safety, and Accountability (CSA) score. The FMCSA uses CSA scores to classify some drivers and carriers as high risks for noncompliance.
The FMCSA maintains records of HOS violations in its Safety Measurement System (SMS). CSA scores use data in the SMS, which also includes information from driver-vehicle inspection reports (DVIRs), crash reports, moving violations, and other regulatory violations.
There is no direct administrative or legal process for removing HOS violations from the SMS early. However, drivers and carriers can request a review of reports that are legitimately inaccurate.
Poor CSA scores are immediately available to authorized officers during roadside inspections, typically leading to increased scrutiny.
Employers also review drivers' CSA scores when making hiring decisions. Of course, a poor score often negatively impacts a driver's job prospects.
The FMCSA calculates CSA scores based on the type and frequency of HOS violations, which also affects how long violations remain on FMCSA records. Minor, isolated incidents are less damaging over the long term, but repeat or serious violations lead to more severe penalties and longer reporting of violations.
Some violations — especially those involving drug and alcohol use — require drivers to complete a detailed return-to-duty (RTD) process and follow-up testing before driving commercial vehicles. These requirements can also extend the time a violation remains on record.
How To Avoid HOS Violations and Maintain Compliance
Navigating FMCSA regulations and HOS requirements can be difficult. Nevertheless, when considering how long an HOS violation stays on your record, remaining in compliance is the only sure way to protect your record and maintain optimal CSA scores.
Carriers and drivers should rely on ELDs to simplify the process of tracking driving hours. These high-tech logging devices automatically record and display essential information that helps every driver carefully observe HOS regulations. The information provided by ELDs in real time leaves no room for accidental overtime driving.
Carriers can promote compliance and solid CSA scores by making sure all drivers receive updates on current FMCSA regulations. Regular reinforcement of the HOS regulations and providing frameworks that simplify compliance help keep drivers on track and focused on compliance.
Take Control of Your Compliance Today With FMCA Filings
FMCA Filings specializes in helping businesses stay compliant with federal DOT and applicable state regulations. Our user-friendly online portal allows carriers to manage all FMCSA paperwork from one central location.
With FMCA Filings, you can efficiently handle your filing requirements, from HOS compliance to Driver-Vehicle Inspection Reports (DVIRs). Stop spending time trying to decipher the FMCSA requirements on your own, and let our service ensure compliance with minimal stress.
"How long does an HOS violation stay on your record?" As discussed, these violations can lead to unnecessary expenses and directly impact a driver's employability. Stop worrying about hours driven without logbook compliance when you work with FMCA Filings.