Guides
Tow truck driver hours of service: the time record to keep
How a local tow operator keeps driver time records: the four fields to log, the four files beside them, 6-month retention, and what an inspector can do.
What to take away
- A short-haul driver keeps a time record instead of a logbook. It shows start time, end time, total hours on duty and the location for each day.
- The motor carrier keeps those time records, and any records of duty status, for 6 months.
- Three more records sit beside the time recordthe qualification file, the daily vehicle inspection report and the maintenance file.
- A missing time record can trigger an out-of-service order that halts the tow for 10 consecutive hours.
- State, municipal and private rules can ask for more than the federal minimum.
What the time record must show
A time record is a short daily note, not a logbook, and it must show four things: the driver's start time, end time, total hours on duty, and the location for each day. It must be current to the last duty status change.
Under 395.1(e)(1), the motor carrier retains these time records for 6 months, as the federal HOS text sets out. An electronic system can generate this record, but a paper form works too. Choose one format for the whole fleet so nobody has to guess which to trust.
A shift runs the same way every day:
- Write the start time when the driver reports to the normal work reporting location.
- Update the record at every change of duty status, so it never lags behind the day.
- Write the end time when the driver is released from work.
- Total the hours on duty and note the location for the day.
- Pass the record to the carrier, who files it and keeps it for 6 months.
When the exception covers the day
The short-haul exception towing operators rely on is in 49 CFR 395.1(e)(1). It applies when a driver operates within a 150 air-mile radius of the normal work reporting location, returns to that location, and is released from work within 14 consecutive hours.
Logbook requirements change under this exception, but they do not disappear. The driver still writes a record every day, and the record still has to be there when an inspector asks. A day that breaks any one of the three conditions needs the fuller record.
When the day falls outside it
A tow operator who crosses state lines, even for one call, is interstate and must follow Part 395 unless a specific exemption applies. A job beyond the 150 air-mile radius, or a driver released after the 14-hour window, also moves the day outside the exception.
Drivers who use a short-haul exemption do not have to use an electronic logging device (ELD). Drivers who must keep records of duty status generally do.
Short-Haul vs Long-Haul Rules
Local short-haul towing
- Workday limit
- 14 hours
- Driving limit
- 11 hours
- Off duty before next shift
- 10 consecutive hours
- Record
- Time record, not logbook
- Radius
- 150 air miles
Long-haul property carrier
- Workday limit
- 14 hours
- Driving limit
- 11 hours
- Off duty before next shift
- 10 consecutive hours
- Record
- ELD or paper log
- Radius
- No radius limit
Dispatch needs to know this before it assigns a call. A driver on a logbook or ELD keeps records of duty status current to the last change of duty status, and the carrier retains them and their supporting documents for at least 6 months.
The records beside the time record
A local operator should keep four records current for every driver and truck. The time record covers the hours, and the other three show the driver and the truck behind them.
Four Records to Keep Current
- Driver time recordstart, end, total on-duty, location
- Vehicle inspection report at end of each workday
- State or municipal tow permit for call cities
- Private contract terms imposing shift limits
| Record | What it holds |
|---|---|
| Driver's time record | Start time, end time, total hours on duty and location for each day |
| Driver qualification file | Application, motor vehicle record, medical examiner's certificate and road test |
| Daily vehicle inspection report | The driver's written report of defects, plus the mechanic's certification that each defect was repaired |
| Maintenance and periodic inspection file | Repair orders and the annual inspection report for each truck |
Keep one folder per driver and one per truck. For the federal side of fleet operations, see FMCSA rules for tow trucks.
New hires should learn the time record in their first weeks, alongside the rest of the towing company employee training checklist. The rule is simple: if the vehicle weighs enough to need Part 395, the time record follows the driver.
The weekly file check
A file only helps if someone looks at it before an inspector does. Pick one day each week and run the same short check, so a gap is found while the shift is still fresh in the driver's memory.
- Every driver who worked has a time record for each shift.
- Each record shows start time, end time, total hours on duty and location.
- Each driver's qualification file is complete and in the folder.
- Each truck's daily inspection reports show the mechanic's certification for any defect.
- Nothing under 6 months old has been thrown away.
Write the date and your initials on the check. If a record is missing, find out why that day, and tell the driver and dispatch what the roadside consequence would have been.
What a missing record costs
A missing time record is the fastest way to a roadside violation. FMCSA or state inspectors can issue an out-of-service order on the spot. That order stops the driver from operating any commercial motor vehicle until the driver has had 10 consecutive hours off duty.
For a tow company the cost is a stranded call and a truck that sits. Repeated violations can bring civil penalties, and FMCSA publishes its penalty schedule as Appendix B to 49 CFR Part 386.
Paperwork that doubles for permits and contracts
When a city, county or state requires a tow operator permit, the application typically asks for five documents. Several of them overlap with the time-record file, which is why the two are worth keeping together.
Tow Permit Application Documents
- Driver license with correct class or endorsement
- Medical examiner's certificate if DOT card required
- Proof of insurance naming the towing company
- Vehicle registration and inspection reports per wrecker
- Completed HOS self-certification or recordkeeping form
- Business registration.The company's licence or registration in the city or county that issues the permit.
- Certificate of insurance.Proof of liability coverage, often with the city named as an additional insured and a minimum limit set by the permit ordinance.
- Driver records.A valid driver's licence and a current driving record for every operator who will tow under the permit.
- Truck paperwork.Registration, title or bill of sale, VIN and gross vehicle weight rating for each tow truck listed on the permit.
- Background checks.Fingerprint or criminal history clearance for the owner and drivers, plus proof of a drug and alcohol programme where the permit requires one.
New York City towing permits show how one city does it: the Department of Consumer and Worker Protection (DCWP) issues the Tow Truck Company license, and the application includes a Roster of Tow Truck Drivers.
Private contracts are not permits, but they can require the same paperwork. They may limit consecutive call hours or require daily logs even when federal rules do not, and some motor clubs ask for the driver's last 10 time records before approving a new contractor.
State and municipal enforcement
State patrols and local police enforce HOS at the roadside. A tow operator based in Texas may work under a 150-air-mile exception, while a California intrastate carrier must follow state rules that differ in recordkeeping details.
State versions can widen or narrow the federal exception. Some states adopt the 150 air-mile radius for intrastate towing; others still write a 100 air-mile radius or a different time record form into their own intrastate rule. The state patrol, not FMCSA, usually decides intrastate enforcement.
California is the clearest example of a state that runs its own scheme. Its California intrastate HOS requirements are found in CVC Section 34501.2 and the California Code of Regulations, Title 13, Division 2, Chapter 6.5, Article 3, Section 1212, "Driver Hours of Service". A tow truck that never leaves the state is measured against those rules, not Part 395.
Whether you need a CDL to drive a tow truck depends on the truck's weight and state law. That requirement feeds into the time record because a CDL holder faces separate federal and state recordkeeping duties.
Common questions
How long must a short-haul time record be kept?
The motor carrier keeps it for 6 months. The same period applies to records of duty status and their supporting documents for drivers who do not use the exception.
Does a short-haul driver need an ELD?
No. Drivers who use a short-haul exemption do not have to use an electronic logging device. Drivers who must keep records of duty status generally do.
Who checks the time records?
The carrier keeps them, and FMCSA or state inspectors can ask for them at the roadside. A missing record can mean an out-of-service order of 10 consecutive hours.
Can a state ask for more than the federal record?
Yes. State versions may add recordkeeping fields or use a shorter radius, and a city permit or private contract can add conditions of its own.
