Hours of Service (HOS): 1 a.m. to 5 a.m. Compliant Or Not?
Let’s take a closer look at the Federal Motor Carrier Safety Administration (FMCSA) Hours of Service (HOS) rule regarding the 1 a.m. to 5 a.m. break. We want to see if our earlier example shows whether our driver is compliant or not.
Based on the example our driver is finishing a 60/7 work week and needs to log a 34-hour reset in order to begin driving again. But he must also factor in the clock regarding the 1 a.m. to 5 a.m. break within that time frame. So based on the example, is our driver compliant or not?
Answer: No, the driver is not compliant. Although he was Off-Duty for 36 hours, he did not log two rest periods between 1 a.m. to 5 p.m. during his 34-hour reset. In order to be compliant, our driver must wait until 5 a.m. – seven hours later – the following morning to begin driving again. He would be in violation of the 34-hour reset had he started driving at 9 p.m. as indicated.
Here is a timeline of what should have occurred during our driver’s 34-hour reset period.