FMCSA report: HOS violations increase after 2020 rule changes

In a recent report presented to Congress, the Federal Motor Carrier Safety Administration (FMCSA) evaluated how the 2020 changes to hours-of-service (HOS) regulations may have significantly increased the proportion of post-crash inspections that result in HOS violations leading to out-of-service orders.

Although the FMCSA notes that this increase cannot be directly attributed to the regulatory changes, Congress requested that the agency analyze their impact by comparing violation and crash data from before and after 2020.

On March 17, the FMCSA released the document titled “Report to Congress on the Effects of the 2020 Hours-of-Service Regulations – 2022,” outlining its main findings regarding these changes.

HOS rule changes: no crash spike, but violations climb

Before September 2020, drivers could only split their 10-hour off-duty period into 8- and 2-hour segments, with the 8-hour period required to be spent in the sleeper berth. The new rule allowed a 7/3 split and established that the shorter period does not count against the 14-hour driving window, arguably the most significant change.

According to the FMCSA report, there were no significant changes in crashes or fatalities following implementation, although there was a reduction in injury rates. However, in a 2023 report, the agency noted an increase in HOS violations, while crashes and fatalities remained stable—possibly influenced by the COVID-19 pandemic and temporary exemptions in place during that time, as reported by Overdrive.

For its latest report, the agency analyzed inspection and crash data from the two years before and after the 2020 changes. Among its findings, single-vehicle crashes, often associated with fatigue, distraction, or substance use, increased after the rule change, although the rise was not statistically significant.

Additionally, while total inspections declined during the pandemic, the proportion of HOS-related violations increased, particularly those resulting in out-of-service (OOS) orders. The agency reported that between 2020 and 2022:

• HOS violations increased by 12.5%
• OOS violations increased by 34.6%

The FMCSA concluded that the regulatory changes did not reduce enforcement. Annual violations rose from just over 410,000 in 2023 to more than 500,000 the following year.

Conclusions and the future of HOS

Despite these findings, the FMCSA concluded that commercial motor vehicle involvement in crashes is influenced by “numerous exogenous and confounding factors,” including the COVID-19 pandemic and related supply chain pressures that affected carrier safety in the post-change period.

However, the agency is also exploring potential future changes to HOS flexibility. In March, the FMCSA launched two pilot programs: one that would allow a 5/5 sleeper berth split option, and another that would allow drivers to pause their 14-hour driving window for between 30 minutes and three hours during a duty period.