How Truck Driver Hours of Service Violations Are Proved in Georgia

Truck driver hours of service violations are proved by comparing the driver’s electronic logs with other records that show where the truck really was and when. Federal rules limit how long truck drivers can drive and work (49 CFR 395.3), and Georgia law requires carriers and drivers to follow them (O.C.G.A. § 40-1-8(h)(3)). Carriers only have to keep these records for 6 months (49 CFR 395.8(k)). That is why the first weeks after a crash matter.

The Federal Hours-of-Service Limits

The rules for drivers of property-carrying trucks are in 49 CFR 395.3. They bind both sides. “No motor carrier shall permit or require any driver used by it to drive” outside the limits. And no driver may drive outside them.

• 10 hours off first. A driver may not drive without first taking 10 consecutive hours off duty.
• 14-hour window. A driver may not drive after 14 consecutive hours from coming on duty.
• 11 hours of driving. Within that window, a driver may drive up to 11 hours.
• 30-minute break. Once a driver has driven 8 hours, a 30-minute break is required before driving more. Off-duty, sleeper berth, or on-duty not-driving time can count.
• 60/70-hour limits. A driver may not drive after 60 hours on duty in 7 days. If the carrier runs trucks every day of the week, the limit is 70 hours in 8 days.
• 34-hour restart. The 7- or 8-day period can restart with 34 or more consecutive hours off duty.

“On duty” covers more than driving. It includes inspecting the truck, waiting to be dispatched, and loading or unloading (49 CFR 395.2).

Exceptions the Trucking Company May Raise

Carriers often defend a log by pointing to an exception. Each has its own conditions, and the records should show the facts that support it.

Sleeper Berth Split

A driver can split the 10 hours off into two periods (49 CFR 395.1(g)). One must be at least 7 consecutive hours in the sleeper berth. The other must be at least 2 hours, and the two must total at least 10 hours. Qualifying rest periods do not count against the 14-hour window.

Short-Haul Exception

Some local drivers are exempt from keeping logs (49 CFR 395.1(e)(1)). The driver must stay within 150 air miles of the normal work reporting location. The driver must also return and be released within 14 consecutive hours. The carrier still has to keep accurate time records for 6 months.

Adverse Driving Conditions

A driver who meets unexpected bad conditions may drive up to 2 extra hours to finish the run safely (49 CFR 395.1(b)). This covers snow, ice, sleet, fog, or unusual road or traffic conditions (49 CFR 395.2). The conditions must be ones the driver or carrier could not reasonably have known about before the duty day or dispatch.

Georgia Applies the Same Rules to Trucks That Stay in Georgia

Georgia law requires motor carriers and commercial vehicle drivers to follow the federal hours-of-service rules in 49 CFR Part 395 (O.C.G.A. § 40-1-8(h)(3)). The Georgia Department of Public Safety also adopts federal Parts 390 through 397 for intrastate carriers (Ga. Comp. R. & Regs. 570-38-1-.05). Under that rule, “interstate” in the federal text is read as “intrastate” in Georgia. The rule also says Georgia cannot adopt less stringent safety rules.

So a truck hauling between Savannah and Atlanta faces the same daily limits as one crossing state lines.

How Electronic Logging Devices Record a Driver’s Hours

Most carriers must install and use an electronic logging device (ELD) to record duty status (49 CFR 395.8(a)). There are limited exceptions. These include drivers who need logs no more than 8 days in any 30-day period and trucks built before model year 2000.

An ELD records the date, time, location, engine hours, vehicle miles, and driver, truck, and carrier identification (49 CFR 395.26). It saves these at every change in duty status and when the engine starts or shuts off. While the truck is moving, it also makes a record if none has been made in the past hour.

Edits leave a trail. Each edit must be annotated, and the driver must confirm or reject changes the carrier requests (49 CFR 395.30). The carrier may not alter or erase the original data. It also may not coerce a driver into falsely certifying a log. No driver or carrier may make a false report about duty status (49 CFR 395.8(e)). Carriers must keep a backup copy of ELD records for 6 months on a separate device (49 CFR 395.22(i)).

Supporting Documents That Test the Logs

Logs can be checked against the carrier’s own business records. Federal rules call these “supporting documents” and require carriers to keep them (49 CFR 395.11). They include:

1. Bills of lading, itineraries, or schedules showing each trip’s origin and destination.
2. Dispatch and trip records.
3. Expense receipts tied to on-duty, not-driving time.
4. Electronic messages sent through a fleet management system.
5. Payroll records and settlement sheets showing how the driver was paid.

A carrier need not keep more than 8 supporting documents per driver for each 24-hour period (49 CFR 395.11(d)). Each should show the driver, date, location, and time. No carrier or driver may destroy or alter them (49 CFR 395.11(f)).

Fuel and toll receipts, phone records, and delivery times can also place a truck at a time and place. When those records do not match the log, it may mean the log is wrong.

Why a Preservation Letter Matters

Hours-of-service records and supporting documents only have to be kept for 6 months (49 CFR 395.8(k)). After that, a carrier can lawfully discard them unless it is on notice of a claim.

A preservation letter gives that notice. The Georgia Supreme Court has held that a defendant must preserve evidence once it knows or should know the injured party is contemplating litigation (Phillips v. Harmon, 297 Ga. 386 (2015)). Actual notice, such as a letter, triggers that duty. See what evidence trucking companies keep after a crash and our checklist for when you are hit by a semi truck in Georgia.

How Violations Prove Negligence Against the Driver and the Carrier

A proven violation helps show the driver broke a safety rule meant to protect the public. Georgia law lets an injured person recover for the breach of a legal duty to refrain from acts that may injure another (O.C.G.A. § 51-1-6). The violation still has to be connected to how the crash happened.

Fatigue is the reason these limits exist. FMCSA’s Large Truck Crash Causation Study found driver fatigue present for 13% of large trucks in the fatal and injury crashes it studied (2001 to 2003). FMCSA says being awake for 18 hours is comparable to having a 0.08 percent blood alcohol concentration.

The carrier can be responsible in its own right:

• It must require compliance. When a rule puts a duty on a driver, the carrier must require the driver to observe it (49 CFR 390.11).
• It may not permit or require violations (49 CFR 395.3).
• It may not coerce a driver to break the rules. That ban also covers shippers, receivers, and transportation intermediaries such as brokers (49 CFR 390.6).

Patterns matter. Repeated violations, ignored ELD alerts, or dispatch schedules that could not be met legally may support claims of negligent hiring, training, supervision, retention, or entrustment. The Georgia Supreme Court allows these claims even when the carrier admits the driver was on the job (Quynn v. Hulsey, 310 Ga. 473 (2020)). Georgia then apportions damages among everyone at fault (O.C.G.A. § 51-12-33).

Talk to a Lawyer Who Has Seen the Insurance Side

Flack Injury Law is a Midtown Atlanta firm that represents injured people in truck crashes. Founding attorney Jonathan Flack has been licensed in Georgia since 2016. Before founding the firm, he spent two and a half years on the insurance side of commercial truck, tractor-trailer and medical transport van cases. He works directly on every case. Learn more on our Georgia truck accident attorney page.

The firm recovered $650,000 for a client hurt in a head-on collision with a tractor-trailer in Peachtree City. Prior results do not guarantee a similar outcome.

Frequently Asked Questions

More Questions About Hours-of-Service Violations

Talk to a Georgia Truck Accident Lawyer About the Driver’s Hours

If you think a tired truck driver caused your crash, Jonathan Flack can send preservation letters, request the logs and supporting records, and explain your options. Consultations are free.

There is no fee and no case cost unless the firm recovers money for you. Call Flack Injury Law at (678) 653-0309 or contact us online.

Related Guides

• Atlanta Truck Accident Attorney
• Georgia Truck Accident Claims: Laws, Deadlines and Insurance
• Hit by a Semi Truck in Georgia? What to Do and Who to Call
• How Much Insurance Do Trucking Companies Carry in Georgia?
• What Evidence Does a Trucking Company Have to Keep After a Crash?
• Georgia Truck Accident Statistics (2026 Update)

See all our guides for people hurt in Georgia crashes.