Hours of Service (HOS) Rules Enforcement in WA

Oct. 9, 2025, 5:28 p.m.
Here’s an overview of how Hours of Service (HOS) Rules are enforced in Washington State, including federal rules, state-specific considerations, enforcement agencies, and recent/preempted state laws:
Hours of Service (HOS) Rules Enforcement in WA

1. Federal HOS Rules (applicable throughout WA)

These are FMCSA rules that apply to most commercial motor vehicle (CMV) drivers, especially those in interstate commerce (hauling across state lines). Key points:

  • Property-carrying drivers:

    • Max 11 hours driving after 10 consecutive hours off duty.  

    • Cannot drive after the 14th hour after coming on duty following 10 consecutive hours off duty.  

    • 60/70 hour rule: Depends whether carrier operates CMVs every day of week.  

    • Use of a sleeper berth to split off-duty/rest time under certain conditions. 

  • Passenger-carrying drivers: Rules differ slightly (e.g. 10-hour driving after 8 consecutive hours off, etc.).  

  • Break requirements: A 30‑minute break required after 8 cumulative hours of driving, under the federal rules.  

  • ELDs (Electronic Logging Devices): Drivers subject to HOS regulations must keep accurate logs, and most are required to use ELDs to automatically record duty status. 

2. Washington State Enforcement & Oversight

  • Washington Utilities and Transportation Commission (UTC) handles oversight for many motor carriers. Part of their responsibilities include reviewing Hours of Service compliance. 

  • Washington State Patrol (WSP) also enforces HOS rules during roadside inspections and safety enforcement.  

  • The Washington Department of Transportation (WSDOT) tracks freight, infrastructure and safety goals (including HOS and ELD compliance) as part of planning and safety strategy.  

3. State‑Specific Rules and Preemption Issues

  • Washington had its own Meal and Rest Break (MRB) laws for commercial drivers, which required more frequent breaks than federal HOS.  

  • Preemption: In November 2020, the FMCSA granted a petition (by the Washington Trucking Association) that Washington State’s meal/rest break rules are preempted by federal HOS rules for property-carrying CMVs. That means WA can no longer enforce those state‑level break rules when they conflict with federal HOS.  

4. Intrastate vs Interstate Differences

  • Drivers operating intrastate (within Washington only) may have some exemptions or different log requirements in certain cases (e.g. short‑haul, farm/agricultural operations). 

  • However, many of the federal rules are adopted via Washington state law/regulation for intrastate carriers, particularly under WAC (Washington Administrative Code) and RCW (Revised Code of Washington).  

5. Penalties & Consequences

  • If a driver is found in violation (for example driving past allowed hours, failing to take required rest break, falsifying logs), roadside enforcement can put the driver out-of-service. 

  • Carriers may face fines, downgrades in safety ratings, and be subject to administrative proceedings.  

  • Drivers and carriers must retain supporting records (logbooks, ELD data, on‑duty/off‑duty status records) for inspections. 

6. Key Takeaways / Practical Advice for Drivers & Carriers in WA

  • Always follow federal HOS rules; state rules for breaks (meal/rest) are no longer enforceable when conflicting for property‑carrying CMVs.

  • Use Electronic Logging Devices (ELDs) properly, with accurate off-duty, on-duty, driving, rest status.

  • Make sure logbooks or records are available for inspection.

  • Know whether your operation is interstate or intrastate, and whether any exemptions apply (short‑haul, agriculture, etc.).

  • Keep updated: law/regulations can change, so check with FMCSA, WSP, UTC and WSDOT for current guidance.