DOT Hours-of-Service Log Audits: What They Check

The Hours-of-Service (HOS) rules are the FMCSA limits on how long commercial drivers may drive and be on duty. They are set out in 49 CFR Part 395. An HOS log audit compares a driver's records against those rules to find possible violations.

This guide explains what a log audit looks at, the difference between a suspected violation and a violation, and what a carrier can review in its own logs.

This is general information, not legal advice. The rules and their exemptions depend on your operation, so check everything here against the current regulations.

What an HOS log audit is

A log audit starts with the driver's records. Most of them come from an electronic logging device (ELD). An ELD records a driver's duty status (driving, on duty, off duty and sleeper berth) along with times, locations, engine hours and miles. Most carriers can export these logs from their ELD provider's portal. Some records are still paper grid logs.

An audit also uses supporting documents, such as fuel receipts, bills of lading, weigh tickets and toll records. These are compared with what the log says.

The audit puts those records side by side with the HOS rules and lists every place where the two do not seem to agree.

What an audit checks under 49 CFR Part 395

For property carriers, the HOS rules include the limits below. Each one is listed with the section of Part 395 it is tied to.

• 11-hour driving limit: 395.3(a)(3)
• 14-hour on-duty window: 395.3(a)(2)
• 30-minute break: 395.3(a)(3)(ii)
• 60/70-hour cycle limits: 395.3(b)
• Split sleeper berth time: 395.1(g)
• Exemptions, such as agricultural, oilfield, short-haul and adverse conditions: 395.1

An audit also checks the log itself:

• Falsification: log entries that conflict with other evidence, such as impossible speeds, a location that jumps, an odometer that climbs during rest, or a fuel receipt that does not match the log (395.8(e)).
• Missing and uncertified logs, unidentified miles and misuse of personal conveyance (395.8).

Section numbers and limits can change. Read the current text of Part 395 before you rely on any of them.

A suspected violation is not yet a violation

The first result of a log audit is a list of possible violations. A suspected violation is a place where the records appear to break a rule: driving past a limit, a missed break, or a log entry that conflicts with a fuel receipt or another document.

It becomes a violation only when an auditor reviews the evidence and decides it is real. The auditor looks at the times, events and documents behind each finding, then confirms it or dismisses it. Part 395 has several exemptions, so whether one applies is part of that review.

That is why a good audit shows its evidence. A finding that cannot be traced back to the records is hard to confirm and hard to dismiss.

What a carrier can review itself

A carrier does not have to wait for someone else to look at its logs. These are steps a carrier can take with its own records:

1. Export the logs from the ELD provider's portal.
2. Gather the supporting documents for the same period: fuel receipts, bills of lading, weigh tickets and toll records.
3. Compare each driver's duty-status timeline with the limits that apply to the operation.
4. Compare the logs with the supporting documents, and note any entry that conflicts with them.
5. Look for missing logs, uncertified logs and unidentified miles.
6. Have an auditor decide which findings are real violations.

Software can do the comparing. Verity reads an ELD export and supporting documents, runs about 20 categories of checks tied to 49 CFR Part 395, and shows each possible violation with its evidence. A human auditor makes every final call. Verity is not legal advice and does not guarantee the outcome of a DOT audit or roadside inspection.

FAQ

What is an HOS log audit?

An HOS log audit compares a driver's records against the Hours-of-Service rules in 49 CFR Part 395 to find possible violations. Auditors then decide which findings are real violations.

What does an HOS log audit check?

For property carriers it checks the 11-hour driving limit, the 14-hour window, the 30-minute break and the 60/70-hour cycle, along with the exemptions that apply. It also checks the log itself for missing or uncertified logs, unidentified miles and entries that conflict with fuel receipts or other documents.

What is the difference between a suspected violation and a violation?

A suspected violation is a place where the records appear to break a rule. It becomes a violation only when an auditor reviews the evidence and decides it is real.

Can a carrier review its own HOS logs?

Yes. A carrier can export its logs from its ELD provider's portal, gather supporting documents such as fuel receipts, and compare them with the HOS rules that apply to its operation. Check the current regulations for those rules.

Does a log audit guarantee DOT compliance?

No. A log audit helps you find and review possible violations, but it is not legal advice and does not guarantee the outcome of a DOT audit or roadside inspection.