Hours of Service (HOS) Rules Enforcement in Oregon

Oct. 9, 2025, 7:20 p.m.
Here’s a summary of Hours of Service (HOS) Rules Enforcement in Oregon — how Oregon adopts & enforces HOS, what state laws apply, how inspections & penalties work, and what carriers & drivers should watch for.
Hours of Service (HOS) Rules Enforcement in Oregon

1. Legal Basis & Rule Adoption

  • Oregon law requires motor carriers (for-hire & private) to follow hours-limits for drivers, and mandates that drivers be released from duty for rest. This is codified in ORS § 825.252, which directs the Oregon Department of Transportation (ODOT) to adopt rules for hours of service, uniform with federal regulations “insofar as practicable.”  

  • Oregon Administrative Rule OAR 740‑100‑0010 explicitly adopts the federal regulations in 49 CFR Part 395 (Hours of Service of Drivers), among other parts (parts 383, 392, 396, etc.), for both interstate and intrastate carriers.  

2. Electronic Logging Device (ELD) & Log Requirements

  • Oregon had an exemption for some intrastate carriers from the ELD mandate, but as of October 1, 2020, that temporary exemption ended. Oregon now enforces the FMCSA's ELD requirement for both interstate and intrastate operations.  

  • Drivers who fail to use an ELD when required (or falsify logs, or don’t keep proper records) can be placed out-of-service (OOS). 

3. Inspections, Enforcement, & Penalties

  • During inspections (roadside checks, safety audits etc.), HOS compliance is a major focus. Violations of HOS/ELD rules may result in out-of-service orders.  

  • Oregon’s law (ORS § 825.252) grants ODOT the authority to revoke a carrier’s certificate or permit for repeated violations of HOS rules.  

  • The state does not generally impose more stringent limits than the federal rules; instead it aims for uniformity, but state law allows adoption of rules that may differ if practicable.  

4. Special Exemptions & Waivers

  • There is a limited exemption granted by FMCSA to the Oregon Trucking Association for certain rest breaks, specifically for drivers hauling timber from Oregon forest lands during fire risk periods. Under that exemption, the 30-minute rest break requirement (normally under federal HOS) doesn’t apply in those periods, subject to certain conditions. 

  • Emergency waivers may also be issued for hours of service under certain urgent conditions (e.g. disaster relief).  

5. Key Practical Takeaways

  • All carriers operating in Oregon (both interstate & intrastate) need to ensure compliance with federal HOS rules, including proper use of ELDs (unless a specific exemption applies).

  • Drivers need to maintain accurate logs, and be prepared during inspections to show duty status (on‑duty, off‑duty, breaks, sleeper berth where applicable).

  • Carriers should monitor for repeated violations, as these may lead to permit/certificate revocation under ORS § 825.252.

  • Be aware of special/temporary exemptions (forest/timber hauls, emergency situations) that might apply and what conditions they impose.