As a cdl driver what kind of a penalty should i expect for an hours of service violation(did not have ten hrs.

Question

I did not have a 10 hr. break. it would be a first time offense.

Answer 1

does not matter if first offense or 50th. Penalties are the same.

First, you would be placed "Out of Service" for at least 8 hours(per CVSA regulations) if driving more than 11 hours or driving after being on duty for more than 14 hours without having a 10 hour rest period.

Second, because it is a serious violation, you probably will get a fine. Here in PA it is $500 for being an out of service violation relating to driver hours.

Third, the company faces audits and all kinds of scrutiny from the DOT, and it affects their safety rating and subsequently insurance rates.

Just take the 10 hours off between days working!

Answer 2

I just could not fine it but try this site and maybe you can and good luck.......

http://www.fmcsa.dot.gov/rules-regulatio...

Answer 3

It will all depend on the jurisdiction & officer (police or DOT).  You haven't mentioned if you were cited by the officer, put out of service, or both.  Pay the fine if you were cited & OBEY the officer's time stamp if you were put out of service.  If you are a company driver & were given a DOT inspection form, it has to be submitted to your company ASAP.  They have to sign off on it & submit it to the state within 15days to prevent problems.  Make a copy of your paperwork (citation, inspection, etc.) in case it gets lost in the process (Trip pak, mail, &/or compliance personnel's desk).  

As for penalties, most of these citations are traffic fines or run into the other category, similar to overweight, etc.  Won't be any points on your license, but it does give you a black mark for 3yrs.  MO gave a fellow driver $125 fine for being over on his log.  If you violate out of service orders, you & your company will be fined heavily. The violation may or may not show up on your record, depending on the state & if the company uses DAC or not.  

According to the FMCSA, only time we are allowed to split our sleeper is to take 8hrs in either line 1or 2, then find a 2hr window somewhere in the day (line 1 or 2) to make your it 10 before you finish up the day.  It will eat into your 14, if you would need to use all of your time, but we are limited in our options with present HOS.  

Take this experience as a lesson & don't sweat it unless you are on the bubble with your company, since some companies use points systems to reward or penalize drivers.  Behave yourself for a while & you will be fine.  Good luck!!