How do HOS violations work for owner-operators?

The carrier, even a one truck owner with his own authority, is respondible to monitor HOS compliance.

Even units operated under the 100 air mile exemption are to have their time records monitored for HOS compliance too.

Most OTR units [self or employer owned] are required to run an ELD; [electronic logging device] unless the unit is old enough to not have an electronic engine management computer -or- strictly operated under an exemption.

Some companies expect complete compliance and keep records of the violations found and adminster disicipline to frequent fliers.

Others, not so much until they get caught. I worked for one of those and his fine over the HOS violations was $16,000.00

 

They can audit you for 6 months? Right? It stays on your computer for 7 or 8 days, depending on how you count it. So a road side picks that up. Idk what a six month audit would do for HOS violations.

 

If you are operating under someone else's authority there is a good possibility that any fines you incur for the company could be passed onto you by the carrier.

 

If fined it will be the company. owner operators are 'the contractors' but ELD may belong to the owner; the carier would be responsible to insure that any owner operator's ELD is compliant and on the FCMSA 'approved' list.

For FCMSA audits the carrier is expected to have the complete prior 6 months of HOS RODS along with supplementry documents used to check the accuracy, payroll and Owner Op settlements allow them to focus on the 'high earners' looking for falsification combing thru fuel slips, toll receipts, etc.

Failing to retain the backup is bad news during an audit.

Now an individual driver may still be fined, especially in smaller. backwater, towns where they wake up the judge after catching a 'good one'....

I recall an owner op in the 70's remarking on this kind of kangaroo court in Alabama...Judge said "How much cash you got?" and he said "$500.00" and the judge then said the fine was $450.00, PAY UP!

Wonder how much the LEO cut was.....

 

It may happen every now and then that someone will have a sin in their log books. HOS violations if caught and noted by DOT officials not only hurt you monetarily but even worse they can screw up the carrier's safety record and if your insurance is with Progressive, they can even drop you or quadruple your premiums.
The scale and road side inspections won't need to see the violations after 8 days - you are obligated to have logs for the last 8 days including today but
you cannot fully get away with HOS violations until after 6 months, that's how far back the FMCSA audit can go. ELD providers such as KeepTrucking - Motive keep your logs forever so you'd have to specifically request to purge the old logs.