Question about HOS Violation

If it’s not on the inspection report, it didn’t happen.

ELD reports sent in under “inspection mode” do not flag violations like the ELD does for the driver. The inspector either missed it, or thought it was insignificant.

There will not be anyone else looking at your data unless you get inspected again within 7 days of the violation, or your company is audited within 6 months of the violation.

 

Very, very, very sure. But @ZVar or @Moose1958 can probably help save the day with chapter and verse of the regulations.

And if FMCSA finds it? A HOS violation is not really that big a deal. Log falsification is a big deal. Just going over your drive time 20 or 30 minutes is not something you want to make a habit of, but it happens. Make a note at the time it happens with the reason (delayed by accident, unexpected traffic, breakdown delay, whatever the cause). Most inspectors will look at the note, and maybe ask for a receipt for the tire repair or some such, and let it go.

Now, if you went four hours over your 11 to hit an appointment, yeah, that’s going to cost you some points if they catch you. But they didn’t catch you. Just run clean, and you’ll be fine.

 

The DOT officer most likely did not miss your HOS violation. He already had you for the lane violation! Yes, there is a sliver of 1 % chance your logs might be audited by the FMCSA during a safety audit, but for now, you are OK.

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And since I was mentioned also...
The only reason the DOT officer didn't write up the HOS violation is because he didn't care about it. Likely he noticed you went over once, didn't try to hide it behind PC or whatever, and it was the end of the day so no harm, no foul.
As for data retention, I guess they could technically go back and look at it, but it's never actually happened. I'm not finding anything about how long they can actually keep your erods. I know the carrier can be audited for 6 months, but that's on the carrier and not the driver.

In a nutshell if you weren't written up for it at the time of inspection then you have nothing to worry about.

 

The Motor carrier is responsible to keep 6 months. In the paper days they did not look at the current [accumulating] month. Keep more than that and they could look at if, if they saw it and had the time to look. Most are under pressure to get in and out and didn't have the time.

Also the need to document each violation. My auditor stopped well short of an exhaustive examination of every OTR diver because she had enough to prove we needed to be fined

OP the inspector did not see what he was looking for, consistently repeated violations. No 'red flags' and he recorded the violation in hand and done; he did his job..

Unless your carrier gets audited within the next 6 months, nothing will ever happen. Since it is just one violation [so far] your are taking this too hard; stuff happens.