What this is
What is an hours of service violation record?
What is an hours of service violation record?
It documents a single, confirmed breach of a driving or duty-hour limit: which limit, by how much, how it was found, why it happened, and what the carrier did in response. It is created after the breach is established, not while it is only suspected.
How is this different from a log review or a fatigue risk assessment?
A log review is a periodic, proactive check of a driver's records before anything is confirmed as a violation. A fatigue risk assessment evaluates a schedule design for fatigue exposure before the work happens. This record starts only once a specific breach has already occurred.
Who normally completes this record?
The fleet compliance lead, because the record needs to connect a confirmed breach to the carrier's Safety Measurement System exposure and whether the pattern is driver-specific or scheduling-driven, which sits with compliance rather than dispatch.
Scope
When is a hours of service violation record required?
This record documents one confirmed hours-of-service breach and the carrier's response. It is not the log review that found it, the fatigue assessment that should have prevented it, or the device record explaining a logging gap.
Use this template when
- A specific breach has been identified, whether by internal log review, telematics alert, driver self-report, roadside inspection or audit
- The breach needs its limit, actual figure and overage documented, not just noted as having happened
- A roadside inspection or audit has already recorded a violation that needs a corresponding fleet-side record
- A fine, point or enforcement action needs to be tied to the specific occurrence that caused it
- A repeat pattern is suspected and a per-event record is needed to support a root-cause review
Do not use it for
- Hours of Service Log Review, the periodic, proactive review of a driver's logs before any specific breach is confirmed
- Fatigue Risk Assessment, which evaluates a schedule or shift pattern for fatigue exposure before dispatch, not after a limit is exceeded
- ELD Malfunction Record, which documents a device failure and the manual record-keeping used while it was down
- Carrier Safety Rating Review, which reviews the carrier's overall safety rating across all violation types, not a single event
- Driver Performance Review, a general assessment of a driver over time, not one specific breach and its cause
Compliance mapping
Which FMCSA 395 requirements does this satisfy?
FMCSA 395 sets the limits this record measures a driver against, but whether the exemption genuinely applies and whether the carrier's own instruction contributed is what determines whether the record holds up at an audit.
| Clause | Requirement | Where it lands |
|---|---|---|
| 49 CFR 395.3 | Maximum driving time and required rest period between duty periods for property-carrying CMV drivers | Detail |
| 49 CFR 395.8 | Records of duty status must accurately reflect on-duty, driving and off-duty time for the driver | Header |
| 49 CFR 395.8(e) | Falsification of a record of duty status is itself a distinct violation, separate from the underlying breach | Header |
| 49 CFR 395.1(b) | Adverse driving conditions exemption extends a limit only where the condition could not have been known before dispatch | Circumstances |
| 49 CFR 390.6 | Prohibition on a motor carrier or its agent coercing a driver into violating the hours-of-service rules | Circumstances |
| 49 CFR Part 385, Appendix B (SMS methodology) | Hours-of-service violations weighted by severity into the carrier's Safety Measurement System score | Detail |
| 49 CFR Part 385 | A pattern of violations at a carrier feeds its safety rating and can trigger a compliance review | Response |
What it does not cover
- Hours of Service Log Review, which is the periodic, proactive review of driver logs, performed before any specific breach is confirmed.
- Fatigue Risk Assessment, which evaluates a schedule or trip length for fatigue exposure before the work is dispatched.
- ELD Malfunction Record, which documents a device failure and the manual duty-status record used while it was down.
- Carrier Safety Rating Review, which reviews the carrier's overall safety rating across all violation categories, not one occurrence.
- Driver Performance Review, which assesses a driver's performance generally over time rather than one specific breach and its cause.
Global
Hours of Service Violation Record requirements by country
Hours-of-service regimes for commercial drivers differ by specific limits and in how enforcement connects a single breach to the carrier's ongoing safety standing.
Federal Motor Carrier Safety Regulations, 49 CFR Part 395
Prescriptive driving and duty-hour limits, rest requirements and electronic logging, enforced through inspection and the Safety Measurement System.
A single confirmed violation is weighted by severity into the carrier's SMS score, so one record has consequences beyond the driver involved.
National Safety Code Standard 13, adopted provincially
Driving and on-duty time limits, cycle limits and mandatory off-duty periods, broadly similar in structure to the US rules but with distinct cycle options.
A carrier crossing the US-Canada border needs to record which regime's limit was actually breached, since the two are not identical.
GB domestic drivers' hours rules and retained EU Regulation 561/2006, enforced by DVSA
Daily and weekly driving limits, break requirements and rest periods, with the Traffic Commissioner able to act against an operator's licence for a pattern of breaches.
A confirmed breach here can feed a public inquiry into the operator's licence, not only a fine, making the systemic-cause question directly relevant to licence risk.
How to complete it
How to complete a hours of service violation record, step by step
The template gives every field needed to log a breach mechanically. What it cannot force is whether the person completing it treats the exemption, the dispatcher's role and the repeat pattern honestly rather than as boxes that close the record fastest.
An exemption under 49 CFR 395.1(b) exists for conditions that could not have been known before dispatch. If a legal option was available and not taken, it does not apply regardless of how the circumstances are described.
A driver contacting base before running out of hours is the system working as intended. The record only becomes concerning when dispatcher awareness is Yes and the instruction was to continue anyway; recording these fields independently hides where the carrier could have prevented the breach.
The template's own framing is direct: repeated violations usually indicate a scheduling problem rather than a driver problem. Marking repeat violation Yes and systemic cause identified No stops one field short of the reason the record exists.
Duration of overage drives the severity band: under fifteen minutes and over an hour differ as much as coaching differs from discipline. A type ticked without the figures gives no basis for a proportionate response.
What auditors find
Most common hours of service violation record findings
Because this record is only created once a breach is confirmed, its usual failure is not missing records but records that close the paperwork without closing on the cause.
| Finding | Clause | What fixes it |
|---|---|---|
| Violation type recorded without the limit, actual and overage figures completed. | 49 CFR 395.3 | Require the numeric limit, actual and overage fields before the record can be marked complete. |
| Driver contacted base answered Yes, instruction given to continue also Yes, no escalation raised. | 49 CFR 390.6 | Treat this combination as a mandatory finding against the dispatcher's decision, not only the driver's hours. |
| Emergency exemption applies answered Yes at the same time as a legal option was available answered Yes. | 49 CFR 395.1(b) | Resolve the contradiction before closing; the exemption cannot stand if a legal option existed. |
| Repeat violation answered Yes with systemic cause identified and scheduling reviewed both No. | 49 CFR Part 385 | Route a second or third occurrence on the same driver or lane to a scheduling review, not a driver-only closure. |
| Detected by enforcement answered Yes, with no roadside inspection record linked. | 49 CFR 395.8 | Link the roadside inspection ID for any enforcement-identified violation so the two records corroborate. |
| Feeds safety rating left unchecked on a violation that was in fact reportable. | 49 CFR Part 385, Appendix B | Confirm reportable status against the violation type and points applied before the record is closed, not by default. |
Case in point
Case in point: the call that changed nothing
A driver on a long-haul lane called dispatch two hours before their daily driving limit, saying they would be short of the delivery window if they stopped for mandated rest. Dispatch told them to push through, citing the customer's tight receiving window. An internal log review caught the breach the following week: limit exceeded by fifty-five minutes, no adverse condition, no roadside stop.
The record logged the driver, the overage and a written warning, closing with retraining required marked Yes. Dispatcher awareness was Yes and instruction to continue was Yes, but neither changed the response: the record treated the breach as the driver's and left the instruction that caused it unaddressed. Three weeks later the same driver, same lane, called in again.
The template
The template, field by field
The form exactly as it installs. Every field, option, score and conditional rule is editable, and the links to other templates come with it.
5 sections
- Reference
- FLT-020
- Archetype
- Record
- Record ID
- HOSV-2026-000
- Scoring
- Severity band
- Direction
- High is bad
- Singleton
- No
- Basis
- FMCSA 395
- Links
- Links Worker; feeds RCA
- Tags
- Fleet, Compliance
- Sections
- 5
- Fields
- 49
- Follow up fields
- 3
- Repeating sections
- 0
- Links out
- 6
Header
15 fieldsRecord ID*
Auto sequence. Format HOV-2026-000.
The record's own ID. Other templates point at this value.
Status*
Drives who this goes to next.
- Planned2 pts
- In progress2 pts
- Complete3 pts
- Deferred0 pts
- Open0 pts
- Closed3 pts
- Overdue0 pts
Date and Time*
Completed By*
Site*
Site ID*
Format SITE-000.
Links to FDN-001 Site ID
Vehicle*
Asset ID*
Format AST-0000.
Links to FDN-002 Asset ID
Unit Number
The number painted on the door, which is what drivers actually use.
Driver*
Person ID*
Links to FDN-003 Person ID
Licence Class
Violation Type*
Date Of Violation*
How Identified*
- Internal log review3 pts
- Telematics alert3 pts
- Driver self report3 pts
- Roadside inspection0 pts
- Audit1 pt
Detail
9 fieldsLimit*
Actual*
Overage
Duration Of Overage*
- Under 15 minutes2 pts
- 15 to 60 minutes1 pt
- Over an hour0 pts
Driving Or Duty Time
Detected By Enforcement*
- No3 pts
- Yes0 pts
Roadside Inspection ID
Links to FLT-006 Record ID
Fine Or Penalty Issued
Points Applied To Rating
Circumstances
7 fieldsDriver Explanation*
Cause Category*
Traffic delay, loading delay, breakdown, weather, scheduling, driver choice, or emergency.
Emergency Exemption Applies
- Yes3 pts
- No0 pts
Was A Legal Option Available*
- No2 pts
- Yes0 pts
Dispatcher Aware At The Time*
- Yes1 pt
- No2 pts
Driver Contacted Base*
A driver who calls in when they are running out of hours is doing the right thing. Make sure the answer is never keep going.
- Yes3 pts
- No0 pts
Instruction Given To Continue*
- No3 pts
- Yes0 pts
Related records
1 fieldLog Review ID
The review that found the violation.
Links to FLT-019 Review ID
Response
17 fieldsCoaching Delivered*
- Yes3 pts
- Partly1 pt
- No0 pts
Retraining Required*
- No3 pts
- Yes1 pt
Disciplinary Action*
- None3 pts
- Verbal2 pts
- Written warning1 pt
- Further action0 pts
Repeat Violation*
- No3 pts
- Yes0 pts
Occurrences In 12 Months
Systemic Cause Identified*
- No2 pts
- Yes0 pts
Scheduling Reviewed*
- Yes3 pts
- Not needed3 pts
- No0 pts
Relief Driver Policy Reviewed
- Yes3 pts
- No1 pt
Feeds Safety Rating*
Action Required*
Raise the action record, then enter its reference here.
- No2 pts
- Yes0 pts
Priority
- High0 pts
- Medium1 pt
- Low3 pts
CAPA ID
Format CAPA-2026-00000.
Links to FDN-014 CAPA ID
Action Owner
Compliance*
Signature*
Fleet Manager*
Second Signature*
FLT-020 · record IDs look like HOSV-2026-000 · Links Worker; feeds RCA
Open in KnowellaRun it with agents
From a document you fill in to a programme that runs itself
The record closes the paperwork on one breach. What prevents the next one is whether the pattern across records, and the dispatch decision inside each one, reaches someone who can change the schedule.
Holds this record against the driver's and lane's history, flags a repeat occurrence before the third one, and keeps the linked roadside inspection or log review in one evidence trail.
Cross-references dispatcher-instructed continuations and fatigue signals from related fleet records, surfacing a coercion pattern a single record would not show alone.
Tracks how each violation feeds the carrier's Safety Measurement System exposure, and rolls repeat findings into the evidence for a compliance review.
Flags any record where dispatcher awareness and instruction to continue are both Yes as a priority item, and holds the linked scheduling review write for approval.
This template lives in KnowFleet — fleet and transport. Drivers, vehicles, hours, cargo securement and operator licence compliance.
Meet KnowFleet→Glossary
Hours of Service Violation Record definitions and key terms
- Hours of service (HOS)
- The set of driving and on-duty time limits, rest periods and cycle rules a commercial driver must operate within, defined in the applicable national regulation.
- Duty status
- A driver's classification at a given moment: driving, on-duty not driving, sleeper berth, or off-duty, used to calculate remaining available hours.
- Electronic logging device (ELD)
- A device that automatically records a driver's duty status and driving time, required under 49 CFR 395.8 for most property-carrying commercial vehicles.
- Adverse driving conditions exemption
- A limited extension to the driving time limit under 49 CFR 395.1(b), available only where conditions such as weather could not have been known before dispatch.
- Coercion
- Under 49 CFR 390.6, a carrier, shipper, receiver or intermediary threatening or inducing a driver to violate the hours-of-service rules; prohibited regardless of compliance.
FAQ
Frequently asked questions about hours of service violation record
What counts as a violation rather than a shortfall a driver self-corrects?+
A limit that was actually exceeded, confirmed by a log, device alert, self-report, inspection or audit. A driver who stops short of a limit and takes the required rest has not violated anything, even if they called in first to say they were close.
Does an emergency or adverse conditions exemption actually excuse a violation?+
Only where the condition genuinely could not have been anticipated before dispatch and no legal option existed once it arose. If delivering late was available and not taken, the exemption does not apply regardless of the inconvenience.
Why does it matter whether the dispatcher knew, if the driver made the call to keep driving?+
Coercion under 49 CFR 390.6 does not require the driver to have objected; an instruction to continue from someone with authority is itself the exposure. Recording dispatcher awareness separately makes that visible.
How is severity or the points applied to the safety rating decided?+
By the violation type and duration of the overage, weighted according to the carrier's Safety Measurement System exposure, or the equivalent framework elsewhere. A breach under fifteen minutes and one over an hour are treated very differently.
What if this is the driver's first recorded violation?+
The response should scale to a first occurrence, but the systemic cause question still needs answering honestly. A first violation with an obvious scheduling cause is still a scheduling problem.
How should a repeat violation change the response?+
It should move the investigation from the driver to the schedule. Repeated violations usually indicate a scheduling problem, and a repeat marked Yes without a scheduling review treats the field as a label rather than an instruction.
Keep going
Related templates and programmes
Industries this is written for
Programmes this belongs to
Used together in Fatigue and Shift Work
Contractor Fatigue and Hours Check
Checks hours worked and rest taken by contractors on extended shutdowns or overnight work
Area Ergonomic Screening
A quick first pass across a whole area to find which tasks need a full assessment
Manual Handling Screening
A rapid check of manual handling tasks to band them by risk
New Task Ergonomic Screening
Screens a new or changed task before it goes live
Shift Fatigue Screening
Screens work patterns for fatigue risk, covering shift length, rotation, breaks and consecutive days
Screening Follow Up Log
Tracks which screened tasks went on to full assessment and which did not
More in Hours of Service
Hours of Service Log Review
Reviews driver hours logs for compliance with driving and rest limits
Fatigue Risk Assessment
Assesses fatigue risk from schedules, night driving, trip length and rest quality
ELD Malfunction Record
Records a failure of the electronic logging device and how hours were recorded in the meantime
Written and reviewed by
Siddarth Singh
Founder & Chief Executive Officer, Knowella
Certified Safety Professional and industrial and systems engineer with more than a decade inside food supply chain, freight and manufacturing operations. This page was written against the current text of the standards it cites, not against secondary summaries of them.
- Certified Safety Professional (CSP), Board of Certified Safety Professionals
- MBA, University of Chicago Booth School of Business
- MS and BS, The Ohio State University, Industrial and Systems Engineering
- Six Sigma Black Belt
Sources and last review. Reviewed 16 August 2026 against:
- 49 CFR Part 395 — Hours of Service of Drivers
- 49 CFR 390.6 — Coercion of drivers prohibited
- 49 CFR Part 385, Appendix B — SMS severity weighting
- GB domestic drivers' hours rules; retained EU Reg 561/2006, DVSA guidance
This page is general guidance, not legal advice. Confirm requirements with your jurisdiction’s regulator.