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To help prevent fatigue-related crashes, state and federal hours-of-service regulations restrict when and for how long drivers of commercial motor vehicles may be behind the wheel. The rules require most property- and passenger-carrying drivers to abide by strict limits on driving and on-duty time, get specific amounts of rest, and closely track hours worked. Drivers who violate the rules may be fined or ordered to stop driving.
To help prevent fatigue-related crashes, state and federal hours-of-service (HOS) regulations restrict when and for how long drivers of commercial motor vehicles (CMVs) may be behind the wheel. The rules require most truck and bus drivers to abide by strict limits on driving and on-duty time, get specific amounts of rest, and closely track their work hours. Drivers who violate the rules may be fined and/or ordered to stop driving.
Though HOS recordkeeping requirements are similar for all CMV drivers, the federal HOS rules in Part 395 place different limits on drivers of vehicles designed to carry property versus those designed for passengers.
The federal hours-of-service (HOS) regulations — as part of the Federal Motor Carrier Safety Regulations (FMCSRs) — apply, in part, to motor carriers and drivers of property-carrying commercial motor vehicles (CMVs) used in interstate commerce. This can include tractor/trailer units, pickup trucks, utility trucks, cargo vans, straight trucks, and other vehicles that were designed to carry property rather than people, even if the vehicles are empty and are not for hire.
Who must comply?
Federal HOS regulations apply to anyone who operates a CMV in interstate commerce, as defined in 390.5.
State HOS regulations also apply to those who operate CMVs, but only those involved in intrastate commerce within the state. States may enforce state HOS rules differently than the federal government, such as on fewer vehicles or with less restrictive limits on driving.
Definitions
Refer to the following federal definitions (note that state definitions may vary):
Commercial motor vehicle: Any self-propelled or towed motor vehicle used on a highway in interstate commerce to transport passengers or property when the vehicle:
Driver: Any person who operates a CMV at any time, even if it’s not in their job title. The following are all drivers who are regulated by HOS limits when driving CMVs, no matter what type of license they may hold:
Gross combination weight rating (GCWR): The greater of:
Gross vehicle weight rating (GVWR): The value specified by the manufacturer as the loaded weight of a single motor vehicle.
Motor carrier: A for-hire motor carrier or a private motor carrier. The term includes a motor carrier’s agents, officers, and representatives as well as employees responsible for hiring, supervising, training, assigning, or dispatching of drivers and employees concerned with the installation, inspection, and maintenance of motor vehicle equipment and/or accessories. This definition includes the terms employer, and exempt motor carrier.
Motor vehicle: Any vehicle, machine, tractor, trailer, or semitrailer propelled or drawn by mechanical power and used upon the highways in the transportation of passengers or property, or any combination thereof determined by the Federal Motor Carrier Safety Administration, but does not include any vehicle, locomotive, or car operated exclusively on a rail or rails, or a trolley bus operated by electric power derived from a fixed overhead wire, furnishing local passenger transportation similar to street-railway service.
The federal hours-of-service (HOS) rules distinguish between commercial motor vehicles (CMVs) that carry property and those that carry passengers, and there are different rules for each.
How is the type of vehicle determined?
First, decide if the vehicle falls into the “passengers” category. Is the vehicle designed or used to transport 9 or more passengers (including the driver) for compensation OR designed or used to transport 16 or more passengers (including the driver) and is not used to transport passengers for compensation? If so, then it’s a passenger-carrying vehicle even if it is never used to carry passengers.
If some seats are removed, whether temporarily or permanently, the number of passengers the vehicle was originally designed to carry has not changed. If, however, all the seats from a passenger-carrying vehicle are removed and the vehicle is converted into a cargo vehicle, then it is regulated as a property-carrying vehicle.
If it’s not a passenger-carrying vehicle, then it is automatically a property-carrying vehicle, even if it is never used to transport property, cargo, or freight. The vehicle itself can be the “property” that is being transported.
For drivers operating passenger-carrying vehicles in a “driveaway-towaway” capacity — such as driving an empty bus from a manufacturer to a dealer or dealer to buyer — the rules for property-carrying vehicles apply.
What if both types of CMVs are operated?
Regardless of whether a driver operates property- or passenger-carrying vehicles, the driver must always follow the HOS rules that apply to the vehicle driven at any given time, and the driver will need enough rest to meet the off-duty requirements needed for the next vehicle to be driven. For example, if the driver will be driving a bus today and a truck tomorrow, the driver will need 8 hours off duty before driving today and 10 hours off before driving tomorrow.
All states have their own hours-of-service (HOS) regulations for intrastate (in-state only) operations. Those regulations may be identical to federal Part 395 standards or may differ in significant ways. For that reason, it’s vital to understand which rules apply (state or federal) and then to know and comply with those rules.
Drivers who normally follow their state’s rules but intermittently (or even just one time) need to cross state lines or otherwise engage in interstate commerce are required to be in full compliance with federal rules for the duration of the interstate trip and for the following week. This requirement is often referred to as the “14/15-day rule.”
Interstate vs. intrastate commerce
The federal HOS rules apply to commercial vehicles engaged in interstate commerce. “Interstate commerce” means trade, traffic, or transportation in the United States that goes:
All other commerce would be defined as “intrastate commerce,” commerce which remains entirely within a single state.
Whether commerce is interstate or intrastate in nature is often a complicated matter involving several factors. According to the Federal Motor Carrier Safety Administration, one must look at “the essential character of the movement, manifested by the shipper’s fixed and persistent intent at the time of shipment.” If the intent of the transportation being performed is interstate in nature, even when the route is within the boundaries of a single state, the driver is subject to the federal HOS limits.
Even if a vehicle is empty, if it is being transported across state lines (such as for maintenance), the transportation is considered interstate commerce. However, if a vehicle is driven across state lines for private, personal transportation, the driver would not be engaged in interstate commerce.
If engaged exclusively in intrastate commerce, the driver may be subject to the federal rules if the state has adopted those rules. Refer to the state-specific information for more details.
The 14/15-day rule affects drivers who usually operate within the borders of a state but sometimes need to cross state lines or otherwise perform transportation that is regulated as “interstate commerce.”
Intrastate (in-state only) drivers who operate in interstate commerce must follow the federal hours-of-service (HOS) rules (Part 395) before, during, and after each interstate trip. Specifically, the Federal Motor Carrier Safety Administration (FMCSA) has established a so-called “14/15-day rule” designed to "keep driver fatigue within manageable bounds."
Before the trip
Seven days before beginning a trip in interstate commerce in a commercial motor vehicle (CMV), the driver must begin preparing records of duty status (logs), unless the driver is exempt from logging under a short-haul exception in 395.1(e).
On the day the interstate trip is to begin, logs for the previous seven consecutive days must be in the driver’s possession, as required by 395.8(k)(2) (unless a short-haul exception is used). This is required even if the driver operated only in intrastate commerce during that seven-day period.
During the seven-day period prior to the interstate trip, the driver may follow state hours-of-service (HOS) limits concerning driving and on-duty time, rather than federal rules. Before the interstate trip begins, however, the driver must have the appropriate amount of off-duty time (8 consecutive hours for a property-carrying vehicle or 10 consecutive hours for a passenger-carrying vehicle) as required under 395.3 or 395.5, respectively, and must follow the 60- or 70-hour limits specified in those sections.
During the trip
During the interstate trip, the driver would be subject to roadside enforcement of the federal HOS rules. The driver would not be allowed to follow alternative state-specific HOS rules for any part of the trip.
FMCSA investigators will cite drivers for violations of the 11- or 14-hour rules (for property-carrying vehicles), the 10- or 15-hour rules (for passenger-carrying vehicles), or the 60- or 70-hour rules that are committed while on the interstate trip.
After the trip
Any driver who begins a trip in interstate commerce must continue to meet the requirements of Part 395 through the end of that day and the next seven to eight consecutive days, depending on which rule the motor carrier operates under (i.e., the 60- or 70-hour limits).
The driver must continue to comply with the requirements of Part 395 even if operating exclusively in intrastate commerce for the remainder of the 60/70-hour period (i.e., 7/8-day schedule) at the end of the interstate trip. Note that the 14/15-day policy was enacted before property-carrying drivers could get a 34-hour “restart,” so the policy does NOT say that getting a restart will eliminate the need to continue complying with federal rules for the 7/8-day period after returning to intrastate operations. Note: The 34-hour “restart” rule does not apply to passenger-carrying CMVs.
FMCSA investigators will cite drivers for violations of the federal rules that are committed during the seven or eight days after completing the interstate trip.
Many people assume that smaller vehicles like pickup trucks are automatically exempt from the rules, especially when they are used by a private company, don’t have air brakes, don’t require a commercial driver’s license (CDL), and stay close to home. But many pickups, especially when used to pull a trailer, are regulated as commercial motor vehicles (CMVs) because they are used for a business and they exceed the 10,001-pound threshold.
Four-part test
Complete this four-part test to see if a pickup is a CMV:
If the answer to any of these questions is “yes,” then the pickup — if used in commerce — is a CMV and compliance with hours of service (HOS), and lots of other safety rules, is required, especially if the vehicle crosses state lines. If the pickup stays within a single state, then it may be exempt in that state.
What if the trailer is unhooked and the answer to all four questions is “no”? Then the truck by itself is not a CMV under federal rules and the driver is exempt from HOS rules.
The following commercial motor vehicle (CMV) operations are entirely exempt from the Federal Motor Carrier Safety Regulations (FMCSRs), including the hours-of-service (HOS) rules:
Refer to 390.3 for these exemptions, as well as 390.5 for important definitions of many of the terms used above.
Declared emergencies
Drivers providing direct assistance during a government-declared emergency may be exempt from HOS and other safety regulations during the term of the emergency operation (but for no longer than 30 days, unless extended).
This exemption also covers the trip back to the driver’s terminal or other reporting location with the empty vehicle, but drivers who feel the need for immediate rest must be given at least 10 consecutive hours of rest before being required to return.
Upon return, the driver must be relieved of duty and must not drive again until back in compliance with the HOS limits.
Refer to regulation 390.23 for details, including 390.5 for important definitions.
In addition to the hours-of-service (HOS) exemptions provided by 390.3 and 390.23, there are some exemptions that apply only to the HOS requirements for drivers of certain vehicles, as described in 395.1. They are:
‘Local’ drivers are not exempt
Local or “short-haul” drivers are not exempt from HOS. Certain interstate drivers who operate locally and return home each day may be exempt from needing a log, but they are not exempt from the HOS rules nor most other safety regulations.
Drivers of utility service vehicles used in the repair, operation, or maintenance of utility infrastructure are exempt from the hours-of-service (HOS) regulations, including HOS limits, recordkeeping, and rest requirements.
The exemption is found in 395.1(n), with the definition found in 395.2:
A “utility service vehicle” is any commercial motor vehicle:
If a trip or portion of a trip in a commercial motor vehicle (CMV) supports the construction of new facilities or infrastructure, the driver is subject to the federal HOS regulations. In such cases, duty status changes must be recorded either on a log (electronic or paper as allowed by regulation) or on a time record if working under a short-haul exception, for the entire trip or the portion related to the creation of new utility infrastructure.
When using the utility-service-vehicle exemption, drivers must not operate a CMV while ill or fatigued, as prohibited by 392.3.
There is a broad exemption from many parts of the Federal Motor Carrier Safety Regulations for the operation of covered farm vehicles. A covered farm vehicle and its driver are exempt from:
The exemption is found in 390.39, with the definition found in 390.5:
Covered farm vehicle means a straight truck or articulated vehicle that is:
Refer to the following geographic restrictions based on the gross vehicle weight rating (GVWR), gross combination weight rating (GCWR), gross vehicle weight (GVW), or gross combination weight (GCW) of the vehicle:
A covered farm vehicle with a GVWR, GCWR, GVW, or GCW, whichever is greater, of: | May use the exemption: |
26,001 pounds or less | Anywhere in the United States |
More than 26,001 pounds | Anywhere in the state of registration or across state lines within 150 air miles of the farm or ranch with respect to which the vehicle is being operated |
The federal hours-of-service (HOS) requirements in Part 395 do not apply to drivers who transport the following products during planting and harvesting periods, as determined by each state:
Federal definitions (395.2)
Agricultural commodity: (1) Any agricultural commodity, non-processed food, feed, fiber, or livestock as defined in this section. (2) The term “any agricultural commodity” means horticultural products at risk of perishing, or degrading in quality, during transport, including plants, sod, flowers, shrubs, ornamentals, seedlings, live trees, and Christmas trees.
Farm supplies for agricultural purposes: Products directly related to the growing or harvesting of agricultural commodities during the planting and harvesting seasons within each state, and livestock feed at any time of the year. This can include fuel if the entire load of fuel is used for agricultural purposes.
Livestock: As defined in sec. 602 of the Emergency Livestock Feed Assistance Act of 1988 [7 U.S.C. 1471], and as amended, insects, and all other living animals cultivated, grown, or raised for commercial purposes, including aquatic animals.
Non-processed food: Food commodities in a raw or natural state not subjected to significant post-harvest changes to enhance shelf life, such as canning, jarring, freezing, or drying.
The term “non-processed food” includes fresh fruits and vegetables, and cereal and oilseed crops which have been minimally processed by cleaning, cooling, trimming, cutting, chopping, shucking, bagging, or packaging to facilitate transport by commercial motor vehicle.
Key points
There is a broad exemption from many parts of the Federal Motor Carrier Safety Regulations for the operation of a “pipeline welding truck.” (390.38)
Definition of “pipeline welding truck”: A pick-up style motor vehicle that:
The operator of a pipeline welding truck, including the driver and employer, are exempt from:
Railroad signal employees who operate commercial motor vehicles (CMVs) and are engaged in installing, repairing, or maintaining signal systems are exempt from the federal hours-of-service (HOS) rules in Part 395. The exemption applies only while the railroad signal employee is employed by a railroad carrier — or is a contractor or subcontractor to a railroad carrier — and is regulated by the Federal Railroad Administration. (395.1(r))
Federal definition
A “signal employee” means an individual who is engaged in installing, repairing, or maintaining signal systems. (49 U.S.C. 21101(4)).
There is a persistent myth that commercial motor vehicle (CMV) drivers may exceed the hours-of-service limits to reach a “safe haven.” However, there is no such exception. The concept of a “safe haven” applies only to drivers transporting explosives and allows them to stop attending to their cargo when parked in a secure area.
Attendance
A motor vehicle which contains explosive material must be attended at all times by its driver or a qualified representative of the motor carrier that operates it. (397.5(a)). This rule, however, does not apply if:
A “safe haven” is defined as “an area specifically approved in writing by local, State, or Federal governmental authorities for the parking of unattended vehicles containing [explosive] materials.” (397.5(d)(3)).
As can be seen from the regulatory language, the concept of a “safe haven” applies only when drivers operating vehicles containing explosive materials are eligible to be off duty.
For all other drivers, there is no exception that says they can exceed the hours-of-service (HOS) limits to reach a safe haven. In fact, the HOS rules make no mention of safe havens.
The only exception that allows a driver to reach a parking location when out of hours is the “personal conveyance” provision. This applies when a driver must leave a customer location after loading or unloading caused the driver to run out of hours. A driver in that situation may drive in an off-duty status (personal conveyance) to the nearest safe location to obtain required rest. See: Personal conveyance.
Federal regulations prohibit motor carriers, shippers, receivers, brokers, and others from pressuring or “coercing” drivers into violating hours-of-service (HOS) regulations (or any other safety regulation). In basic terms, coercion occurs when a driver is threatened with loss of pay, employment, or job opportunities for refusing to violate the safety rules. Drivers who make clear that they will violate the rules if they drive but are nevertheless pressured into driving may file a complaint with the Federal Motor Carrier Safety Administration (FMCSA) within 90 days using the procedures referenced in 390.6.
Drivers may also file a complaint within 90 days if they are “harassed” by a motor carrier using data from the driver’s electronic logging device (ELD). Harassment occurs when a carrier uses ELD data in a way that the carrier knew, or should have known, would result in the driver violating an HOS rule or the prohibition on driving while ill or fatigued. For example, a dispatcher might review incoming ELD data and see that a driver has 30 minutes left in which to drive, but the driver has stopped driving due to fatigue. If the dispatcher forces the driver to get back behind the wheel to use his 30 available minutes, the driver could report that as harassment. See 390.36. The procedures for filing a complaint of harassment are found in 386.12(b).
Coercion
If a driver is forced or coerced into violating the HOS rules or driving while ill or fatigued, a formal complaint can be filed. Shippers, receivers, brokers, motor carriers, dispatchers, and others involved in the transportation chain are prohibited from “coercing” drivers. Two conditions must be met before a driver can claim coercion:
Note that the driver doesn’t have to violate the rules to be coerced — being threatened is enough, if both conditions are met.
Filing a coercion complaint
If a driver wants the FMCSA to investigate an instance of coercion, a written complaint must be filed within 90 days. The driver will not be able to remain anonymous during the investigation.
A driver can file a complaint online at http://nccdb.fmcsa.dot.gov or by calling (800) DOT-SAFT. The driver will have to provide a name, address, signature, and telephone number, the name and address of the alleged coercer, the rule(s) that the driver was pressured to violate, and a short statement of the facts. (386.12(c)(1)).
If a valid complaint is filed, the FMCSA will investigate it and notify the driver of the results. (386.12(c)(2)).
Protection of complainants — The FMCSA must take every practical means within its authority to ensure that the driver is not subject to coercion, harassment, intimidation, disciplinary action, discrimination, or financial loss as a result of the complaint. This will include notification that 49 U.S.C. 31105 includes broad employee protections and that retaliation for filing a coercion complaint may subject the alleged coercer to enforcement action by the Occupational Safety and Health Administration. (386.12(c)(3)).
Drivers or carriers who violate the hours-of-service (HOS) rules face serious penalties:
CSA and hours of service
Under the FMCSA’s CSA enforcement program, HOS violations are closely monitored and used to grade carrier and driver performance. Those drivers with the worst performance (when compared to their peers) are targeted for enforcement actions.
Under CSA, HOS violations fall under the HOS Compliance category, one of the seven “BASIC” categories on which drivers and motor carriers are judged. All HOS violations reported during roadside inspections (whether the driver was placed out of service or not and including written warnings) are entered into the CSA’s Safety Measurement System and used to generate the carrier’s and driver’s scores in the HOS Compliance BASIC.
Scores are weighted depending on the severity and age of the violation, how many inspections were conducted, and whether there was an out-of-service order. Violations continue to affect carriers’ scores for two years, and drivers’ scores for three years, and are updated monthly at the following website (note that CSA scores are currently hidden from public view but may be accessed by logging into the website): http://ai.fmcsa.dot.gov/.
Depending on how poorly a carrier is performing in relation to its peers on each BASIC, it may be open to an “intervention” from the FMCSA, including warning letters, fines, increased inspections, or worse, in an effort to get the carrier to improve its performance.
With the serious consequences that exist for HOS violations, coupled with the scrutiny of CSA, it is more important than ever to know and understand the regulations so that compliance is not a matter of guesswork.
To comply with the hours-of-service (HOS) regulations, knowledge of the difference between being “on duty” and being “off duty” is necessary. The distinction is much more complex than just “working vs. not working.”
The basic definition of on-duty time includes “...all time from the time a driver begins to work or is required to be in readiness to work until the time the driver is relieved from work and all responsibility for performing work.” The definition of on-duty time includes:
What is off-duty time?
Off-duty time is not defined in the regulations, but it is essentially any time that is not spent on duty or in a sleeper berth. When a driver is free from obligation to the employer, the vehicle, and its cargo and is free to pursue activities of his or her own choosing, it is generally off-duty time.
Is a driver considered off duty when driving to a “safe haven”?
No. The concept of a “safe haven” applies only to drivers operating vehicles containing explosive materials and affects when those drivers are eligible to be off duty (see 397.5). For all other drivers, there is no exception that says they can exceed the HOS limits to reach a safe haven. In fact, the HOS rules make no mention of safe havens.
What about fueling time?
Fueling is considered on-duty time because it involves the “servicing or conditioning” of a CMV. A driver who pulls into a fuel island and exits the vehicle to pump fuel has gone from “driving” to “on duty/not driving,” so that change in duty status must be recorded on the log along with the location. This is true even if the fueling takes less than 15 minutes, and even if done on a driver’s day off (because the fuel will be used for a business purpose).
If the fueling activity takes less than 15 minutes and the driver is using a paper log, the change in duty status can be “flagged” by drawing a line to the “Remarks” area of the log and indicating the location and length of time spent there. As with other changes in duty status, the activity performed during the stop (i.e., “fueling”) does NOT have to be noted on the log unless the motor carrier requires it under company policy.
The following table examines several common situations that have caused confusion as to whether a driver of a commercial motor vehicle (CMV) is on or off duty.
Situation/Topic | On or Off Duty? |
Paid time | Paid time may or may not be on duty. Given the conditions necessary to be “off duty,” drivers can be relieved of duty while still being paid and log the time “off duty.” The fact that the driver’s pay records will not match the log is acceptable. If a driver is performing any work or is under any obligation to the employer (i.e., is doing anything considered “on duty”), then the time must be recorded as on-duty time. |
Personal conveyance | Time spent driving a CMV to move the driver from place to place for personal reasons can be considered off-duty time in certain situations, if the driver has been relieved from work and all responsibility for performing work, is not overly fatigued, and complies with any company policies governing personal conveyance. Under the FMCSA’s official guidance for 395.8, the following are examples of activities that may be considered personal conveyance, even if the vehicle has cargo on board:
|
Meals, routine stops, and waiting time | Drivers can go “off duty” for their meals and other routine stops — or while waiting at a terminal, plant, port, or similar location — if the following conditions are met:
|
Safety meetings | Time spent attending safety meetings, ceremonies, celebrations, or other company-sponsored safety events can be recorded as off-duty time if attendance is voluntary. Mandatory meetings are always “on duty.” |
Being “on call” | If a driver is free from obligations to the employer and can use that time to get rest, the time may be recorded as off-duty time even if the driver is “on call” and must be available to receive a call from the employer. However, a driver who is required repeatedly to respond to satellite or similar communications during an 8- or 10-hour off-duty period (i.e., required to access a communications system to read messages from the carrier, respond to messages (either verbally or electronically), or otherwise acknowledge them), is performing work and must record the time as on duty. “Repeatedly” means a pattern or series of interruptions that prevent a driver from getting sleep. |
Sitting in a parked vehicle | Time spent resting in a parked vehicle of any type can be logged “off duty” if the driver is relieved of duty and free to pursue activities of his or her own choosing. If the driver is required to remain in the vehicle or is otherwise under obligation to the employer, vehicle, passengers, or cargo, then he or she is “on duty.” |
Travel time | Time spent traveling at the direction of the motor carrier is normally considered “on duty.” However, if the driver is not driving or assuming any other responsibility to the carrier AND is given at least 8 consecutive hours off duty (for bus drivers) or 10 consecutive hours off duty (for truck drivers) upon arriving at the destination, then the entire travel period must be considered “off duty.” |
Motor carriers can choose to allow their drivers to use personal conveyance (PC) and can choose whether they want time or distance limits placed on PC usage.
The Federal Motor Carrier Safety Administration’s (FMCSA’s) guidelines for using PC are found in the agency’s official interpretations for 395.8, under Question 26.
Each PC scenario will be reviewed by enforcement officials based on at least these primary points:
What’s allowed?
What’s not allowed?
The use of personal conveyance (PC) can affect, or be affected by, other aspects of operating a commercial motor vehicle (CMV). Motor carriers and drivers should be aware of the following:
To comply with the hours-of-service (HOS) rules, the driver of a property-carrying commercial motor vehicle (CMV) must keep five basic numbers in mind: 8, 10, 11, 14, and 60/70. One other number — 34 — is also important but is optional. Each of these is intended to prevent crashes caused by fatigued driving.
How are these limits tracked?
Drivers and motor carriers must keep close watch on their hours and must stop driving when a limit is reached. While most drivers must use an electronic logging system to track their hours, others are allowed to use paper logs and some may use basic time records.
What happens if a driver exceeds one of the HOS limits?
Exceeding an HOS limit can lead to fines, an out-of-service order, a blot on the driver’s safety record, and other penalties. In addition, and perhaps most importantly, exceeding a limit makes the driver more likely to be involved in a fatigue-related crash.
Drivers who operate property-carrying commercial motor vehicles (CMVs) must have at least 10 consecutive hours off duty and/or in a sleeper berth before getting behind the wheel. Having a 10-hour break makes a driver eligible for a full 11 hours of driving time within the next 14-hour period. Without this restorative 10-hour break, a driver will not be able to maximize use of the 11- and 14-hour rules.
Key points
There are four ways to obtain the required 10 hours of rest:
The following graphics depict the four basic ways for drivers to obtain the 10 hours of required rest:
Option 1: 10 consecutive hours off duty. This cannot include any on-duty activities, such as performing compensated work for a non-motor carrier (i.e., working a second job).
Option 2: 10 consecutive hours in a sleeper berth.
Option 3: 10 consecutive hours combining sleeper-berth and off-duty periods.
Option 4: 10 non-consecutive hours of rest in two separate periods. One period must be at least seven consecutive hours in a sleeper berth, the other must be at least two consecutive hours off duty, in a sleeper berth, or using a combination of the two, and these two “qualifying” breaks must add up to at least 10 hours.
Other ways to obtain 10 hours of rest while in a vehicle
Drivers can obtain off-duty time — even 10 or more consecutive hours off duty — by resting in or on a parked vehicle, unless the driver is required to attend to cargo or perform any other work. For example, a driver could sleep in a parked pickup truck for 10 hours, if necessary, and this would satisfy the 10-hour break requirement.
Drivers in sleeper cabs can go “off duty” for up to three hours while riding in the passenger seat of a moving, property-carrying CMV, as long as it's immediately before or after a period of seven or more consecutive hours in the sleeper berth. If the consecutive break (sleeper-berth time plus riding time) equals 10 hours or more, it resets the 11- and 14-hour limits. If less than 10, the passenger-seat time counts against the 14-hour limit.
As an alternative to a minimum 10-consecutive-hour break, a driver in a property-carrying commercial motor vehicle (CMV) with a compliant sleeper berth can use the split-sleeper exception (also known as the split-break provision) to split a 10-hour break into two separate breaks with on-duty time in between.
This “split” break will not reset the 11- and 14-hour limits the same way a consecutive 10-hour break would, but does serve to “pause” them.
Sleeper berths
A compliant sleeper berth must meet occupant restraint, shape, access, location, and exit-from-berth specifications, be properly equipped with a mattress, and meet ventilation requirements including protection from exhaust and fuel fumes per the regulation in 393.76.
Key points
Consider the following example of a driver’s use of the split-sleeper option:
In this example:
Many commercial motor vehicle (CMV) drivers and driver-trainers get confused about how off-duty and sleeper-berth time can be combined. Drivers should keep the following rules in mind when deciding where to spend break time:
The federal hours-of-service rules generally do not address team operations in commercial motor vehicles (CMVs), but team drivers are the ones that historically have taken greatest advantage of the split-sleeper option. By splitting required off-duty time into two separate breaks, team drivers can trade off the driving task (one drives while the other sleeps) and keep the vehicle moving right up to the 60/70-hour limit. Under the 60/70-hour limit, a driver of a CMV may not drive after being on duty 60 hours in any 7 consecutive days (or 70 hours in 8 days if the company operates CMVs on each day of the week).
Individual v. team drivers
For an individual driver, the “ideal” use of the sleeper-berth option may be something like five or six hours driving followed by seven or eight hours in the sleeper berth and then another five or six hours driving followed by another two or three hours in the sleeper berth and/or off duty. Thus, with one 7- or 8-hour sleeper period and one 2- or 3-hour break, the 10-hour off-duty requirement has been satisfied and the driver is able to continue driving (albeit with less time available than someone who gets 10 consecutive hours off).
For a team, the same pattern could be impractical. The ideal use for a team (in theory, at least) may be eight hours driving and eight hours in the sleeper followed by three hours driving and three hours in the sleeper berth and/or off duty. That way, each driver in the team can obtain 11 hours of driving within a 14-hour period and still get 10 hours of rest while keeping the vehicle moving.
Due to the specialized nature of oilfield operations, drivers of commercial motor vehicles (CMVs) in the oilfield industry can take advantage of three exceptions to the federal hours-of-service rules in Part 395:
24-hour restart
Drivers of CMVs that are used exclusively to transport oilfield equipment can reset their accumulated on-duty time by taking a break of just 24 hours rather than 34 hours. (395.1(d)(1)). This exception is available to drivers engaged in a broad range of activities which directly support the operation of oil and gas well sites, including:
"Oilfield equipment" is not specifically defined and may encompass a spectrum of equipment ranging from an entire vehicle to hand-held devices.
The driver must be in full compliance with 60- or 70-hour limit before driving other CMVs not used to service the field operations of the natural gas or oil industry.
Waiting time
For specially trained drivers of CMVs that are specially constructed to service oil wells, time spent waiting (and performing no other work) at a natural gas or oil well site can be:
The waiting time must be accurately logged as “off duty” along with additional remarks to show which specific off-duty periods were spent waiting, or through use of a five-line log that has a fifth line to record waiting time. All other off-duty time must be recorded on Line 1.
Examples of equipment that may qualify a driver for the “waiting time” exception are vehicles commonly known as heavy-coil vehicles, missile trailers, nitrogen pumps, wire-line trucks, sand storage trailers, cement pumps, “frac” pumps, blenders, hydration pumps, and separators.
Drivers of CMVs used to transport supplies, equipment, and materials such as sand and water to and from the well sites do not qualify for the “waiting time” exception even if there have been some modifications to the vehicle and some training was required to run pumps, for example.
Caution:
Equivalent of 10 hours off
A specially trained driver who operates a CMV that is specially constructed to service natural gas or oil wells can accumulate the "equivalent" of 10 consecutive hours off duty in two ways:
1. By taking a combination of at least 10 consecutive hours of off-duty time, sleeper-berth time, or time in other sleeping accommodations at a natural gas or oil well location; or
2. By taking two periods of rest in a sleeper berth or other sleeping accommodation at a natural gas or oil well location, providing:
Under option 2, the 14th hour is calculated by:
A. Excluding any sleeper-berth or other sleeping period of at least two hours which, when added to a subsequent sleeper-berth or other sleeping period, totals at least 10 hours; and
B. Including all on-duty time, all off-duty time not spent in the sleeper berth or other sleeping accommodations, all such periods of less than two hours, and any period not described in “A” above.
The driver may not return to driving subject to the normal limits under 395.3 without taking:
Drivers who operate property-carrying commercial motor vehicles (CMVs) are limited to 11 hours of driving after having 10 hours off duty.
Federal definitions
Key points
There is an exception to the 11- and 14-hour limits when unforeseeable adverse-driving conditions are encountered.
Drivers are allowed up to two hours of extra driving to finish the run or reach a safe stopping place. This allows drivers of property-carrying CMVs to drive for up to 13 hours within a 16-hour window of time to make up the time that was lost. (395.1(b)(1)).
The federal regulations define “adverse driving conditions” as snow, ice, sleet, fog, or other adverse weather conditions or unusual road or traffic conditions that were not known, or could not reasonably be known, to a driver immediately prior to beginning the duty day or immediately before beginning driving after a qualifying rest break or sleeper berth period, or to a motor carrier immediately prior to dispatching the driver. (395.2).
Key points
If the following conditions apply, drivers may add up to two hours to their normal 11- and 14-hour limits, enabling them to drive for up to 13 hours within a 16-hour window of time, to make up time that was lost to the adverse condition:
The driver cannot use this “adverse driving conditions” exception for delays that the driver or motor carrier should have known about, such as congested traffic during a typical metropolitan rush hour.
When using this exception, the driver should enter a log note indicating use of the exception, and why. If using an electronic logging device, such a note is required. There is no need to obtain a supervisor’s signature or approval unless required under company policy.
Note that there are separate adverse-conditions standards for drivers in Alaska.
The driving of a commercial motor vehicle (CMV) is not allowed if the driver has already done 8 hours of CMV driving without having a break from driving of at least 30 consecutive minutes. A break is not required for any driver who will not drive a CMV for more than 8 hours after having 10 hours off.
Federal definitions
Driving time: All time spent at the controls of a CMV in operation. The required 30-minute break may be spent doing anything other than driving, including being off duty, in a sleeper berth, and/or performing on-duty activities (loading/unloading, paperwork, inspections, attending the load, etc.).
Any activity that takes the driver away from driving for at least 30 consecutive minutes is considered a valid break, even if the driver is not resting. At any point during the day, if a driver is away from driving for at least 30 minutes, the driver is eligible to drive a CMV for up to eight hours before another 30-minute interruption is needed (unless another limit is reached before then).
Key points to note:
Caution: Technically, neither a “yard move” nor personal conveyance are logged as “driving” time but allowing drivers to claim that such driving time counts as a break from driving may carry risks if drivers become fatigued.
30-minute break exceptions
The 30-minute break requirement does not apply to:
The driver of a property-carrying commercial motor vehicle (CMV) operating in interstate commerce is prohibited from driving after the 14th consecutive hour after first coming on duty following 10 consecutive hours off duty. The 14-hour period is consecutive — it includes all on-duty and off-duty time accrued after coming on duty. Of those 14 hours, 11 may be spent driving.
The 14–hour rule is often misunderstood to mean that a driver must be released from duty after 14 hours. However, the hours-of-service rules only regulate driving, not working. A driver can do non–driving work beyond the 14-hour limit, just no more driving.
For example, if a driver has 10 hours off and goes on duty at 7 a.m., the driver must complete all CMV driving by 9 p.m., 14 hours later, even if the driver takes several breaks during the day and/or does very little driving. The driver may continue to be on duty past 9 p.m. but may not drive a CMV.
14 hours are consecutive
The 14 hours are?consecutive, so the 14-hour calculation includes all time on the clock once a driver first goes on duty, whether the driver is driving, on duty, in a sleeper berth (for less than 7 hours), or off duty (for less than 10 hours). Of those 14 hours, 11 may be spent driving.
Lunch breaks, fueling stops, warehouse work, off-duty periods of less than 10 hours, and other time — with limited exceptions — is all added into the 14-hour total. Think of it as a 14-hour “window” of time during which all CMV driving for the day must be completed.
Examples
Examples demonstrating the 14-hour rule:
Each of the options available for obtaining 10 hours of required rest will serve to reset the 14-hour clock. For example, the 14-hour clock would be reset if the driver had:
Under Option 4, after obtaining the two qualifying breaks, available time under the 14-hour limit is calculated starting at the end of the first break. Neither qualifying break is counted as part of the 14 hours.
Option 3 includes the ability to log off duty for up to three hours while riding in the passenger seat of a moving vehicle before or after spending at least seven hours in a sleeper berth.
Key definitions
Duty tour: While not defined in the regulations, the term “duty tour” is generally accepted to mean the period from the time the driver begins to work until the time he or she is released from work. It can also be referred to as the driver’s workday.
Normal work-reporting location: While also not defined in the regulations, the term “normal work-reporting location” is generally accepted to mean the location at which the driver normally goes on duty at the start of his or her workday.
Overview
To lessen the impact the 14-hour limit may have on drivers who operate only locally, the Federal Motor Carrier Safety Administration allows those drivers to extend the 14-hour on-duty period (but not the 11-hour limit) by up to two hours once per week, under certain conditions. This is known as the 16-hour or “big day” exception, as found in 395.1(o) (not to be confused with the 16-hour 150-air-mile exception for non-CDL drivers).
Key points
Note that the exception does NOT affect:
Due to the specialized nature of their operations, commercial motor vehicle (CMV) drivers in the oilfield industry can take advantage of three exceptions to the federal hours-of-service rules in Part 395:
24-hour restart
Drivers of CMVs that are used exclusively to transport oilfield equipment for an eight-consecutive day (or shorter) period can reset accumulated on-duty time by taking a break of 24 consecutive hours, at any time. (395.1(d)(1)). The exclusive transportation of oilfield equipment includes, but is not limited to, stringing and picking up pipe used in pipelines, and servicing the field operations of the natural gas and oil industry. “Oilfield equipment” is not specifically defined and may encompass a spectrum of equipment ranging from an entire vehicle to hand-held devices.
Waiting time
For specially trained drivers of CMVs that are specially constructed, complex equipment used to service oil wells, time spent waiting (and performing no other work) at a natural gas or oil well site can be:
The waiting time must be accurately logged as “off duty” along with additional remarks to show which specific off-duty periods were spent waiting, or through use of a 5-line log that has a fifth line to record waiting time. All other off-duty time must be recorded on Line 1.
Drivers of CMVs used to transport supplies, equipment, and materials such as sand and water to and from the well sites do not qualify for the “waiting time” exception even if there have been some modifications to the vehicle and some training was required to run pumps for example.
Caution:
Equivalent of 10 hours off
A specially trained driver who operates a CMV that is specially constructed to service natural gas or oil wells can accumulate the "equivalent" of 10 consecutive hours off duty in two ways:
1. By taking a combination of at least 10 consecutive hours of off-duty time, sleeper-berth time, or time in other sleeping accommodations at a natural gas or oil well location; or
2. By taking two periods of rest in a sleeper berth or other sleeping accommodation at a natural gas or oil well location, providing:
The 14th hour is calculated by:
A. Excluding any sleeper-berth or other sleeping period of at least 2 hours which, when added to a subsequent sleeper-berth or other sleeping period, totals at least 10 hours; and
B. Including all on-duty time, all off-duty time not spent in the sleeper berth or other sleeping accommodations, all such periods of less than two hours, and any period not described in “A” above.
The driver may not return to driving subject to the normal limits under 395.3 without taking:
The driver of a “hi-rail” vehicle can exclude from the maximum on-duty time limits up to 2 hours of time per day, and up to 30 hours per month, traveling to and from job duty assignments. (395.1(w)).
Federal definition
A hi-rail vehicle is defined in 395.2 as “an internal rail flaw detection vehicle equipped with flange hi-rails.”
Key points
The driver of a commercial motor vehicle (CMV) — whether carrying property or passengers — may not drive a CMV after having been on duty for 60 hours in any 7 consecutive days. If the motor carrier has CMVs operating on every day of the week, the driver’s limit may be increased to 70 hours in any 8 consecutive days.
A driver who has reached this limit must take time off before getting back behind the wheel. Drivers of property-carrying vehicles (but NOT passenger-carrying vehicles) may “reset” the 60/70-hour limit by getting a rest break of at least 34 consecutive hours off. A driver can do non-driving work after reaching the limit and not be in violation, but those hours must be added to the total.
Definitions
On duty time: See: “What is on-duty and off-duty time?”
Key Points
A “recap” and/or monthly summary — often found within a driver’s paper logbook — can be used to keep a running total of hours and verify compliance with the 60/70-hour rule.
Exceptions
A 34-hour “restart” provision exists for drivers of property-carrying vehicles (but NOT passenger-carrying vehicles). In addition, exceptions to the 60/70-hour rule exist for the following:
Drivers of certain property-carrying commercial motor vehicles (CMVs) may reset the hours they have accumulated toward the 60/70-hour limit by taking 24 or 34 consecutive hours off duty.
34-hour restart rules
Drivers of property-carrying CMVs may “reset” the hours they have accumulated towards the 60- or 70-hour limit by taking at least 34 consecutive hours off duty. This 34-hour restart provision is optional.
Key Points
24-hour restart rules
Certain drivers of property-carrying CMVs can reset the 60/70-hour limit with 24 consecutive hours off duty. This includes drivers involved in:
Definition
Transportation of construction materials and equipment means the transportation of construction and pavement materials, construction equipment, and construction maintenance vehicles, by a driver to or from an active construction site (a construction site between mobilization of equipment and materials to the site to the final completion of the construction project) within a 75 air mile radius of the normal work reporting location of the driver, except that a State, upon notice to the Administrator, may establish a different air mile radius limitation for purposes of this definition if such limitation is between 50 and 75 air miles and applies only to movements that take place entirely within the State. This paragraph does not apply to the transportation of material found by the Secretary to be hazardous under 49 U.S.C. 5103 in a quantity requiring placarding under regulations issued to carry out such section.
Key Points
Compliance with the 60/70-hour limit is unnecessary if a driver-salesperson is employed by a private carrier, is solely selling and delivering goods or services, stays within a 100- mile radius, spends no more than 50 percent of on-duty time driving, and spends no more than 40 hours driving in any 7-consecutive-day period.
The 60/70-hour limit does not apply to any driver-salesperson whose total driving time does not exceed 40 hours in any period of 7 consecutive days. (395.1(c)).
Definitions
Driver-salesperson means any employee who is employed solely as such by a private carrier of property by commercial motor vehicle (CMV), who is engaged both in selling goods, services, or the use of goods, and in delivering by CMV the goods sold or provided or upon which the services are performed, who does so entirely within a radius of 100 miles of the point at which he/she reports for duty, and who devotes not more than 50 percent of his/her hours on duty to driving time. (395.2).
The term selling goods for purposes of the driver-salesperson definition includes in all cases solicitation or obtaining of reorders or new accounts and may also include other selling or merchandising activities designed to retain the customer or to increase the sale of goods or services, in addition to solicitation or obtaining of reorders or new accounts. (395.2).
Key points
Compliance with the 60/70-hour limit is unnecessary if a driver-salesperson:
If a driver-salesperson is also eligible for the 150 air-mile exception (395.1(e)(1)), then the use of a standard log is not required and when using that exception the driver-salesperson need not return to the work-reporting location at the end of each day (but still has to be done with work within 14 hours and must remain within 100 miles of the reporting location).
A driver-salesperson may also use the 16-hour short-haul exception (395.1(o)) or the 150-air-mile exception (395.1(e)(2)), if applicable.
A driver-salesperson may switch to and from a driver-salesperson status at any time if it’s done on a weekly basis.
A driver who is driving a property-carrying commercial motor vehicle (CMV) in the state of Alaska must not:
Drive more than 15 hours following 10 consecutive hours off duty,Drive after having been on duty for 20 or more hours following 10 hours off duty, norDrive after being on duty 70 hours in any period of 7 consecutive days or 80 hours in any period of 8 consecutive days. (395.1(h))
Alaska: Off-duty periods for sleeper-berth users
In Alaska, a driver who operates a property-carrying CMV equipped with a sleeper berth, as defined in 395.2, must accumulate, before driving:
Alaska: Adverse driving conditions
A driver who is driving a CMV in the state of Alaska and who encounters adverse driving conditions (as defined in 395.2) may drive and be permitted or required to drive the vehicle for the period needed to complete the run. After the driver completes the run, that driver must be off duty for at least 10 consecutive hours before driving again. (395.1(h)).
The federal hours-of-service (HOS) regulations — as part of the Federal Motor Carrier Safety Regulations (FMCSRs) — apply, in part, to motor carriers and drivers of passenger-carrying commercial motor vehicles (CMVs) used in interstate commerce. This can include buses, motorcoaches, minibuses, shuttle buses, vans, and other vehicles that were designed to carry multiple passengers rather than cargo, even if the vehicles are empty and are not for hire.
Who must comply?
Federal HOS regulations apply to anyone who operates a commercial motor vehicle (CMV) in interstate commerce, as defined in 390.5.
State HOS regulations also apply to those who operate CMVs, but only those involved in intrastate commerce within the state. States have leeway to enforce their own rules differently than the federal, such as on fewer vehicles or with less restrictive limits on driving.
Companies operating passenger-carrying vehicles that are designed or used to carry 9 to 15 passengers (including the driver) may be exempt from HOS and most other Federal Motor Carrier Safety Regulations (FMCSRs) if the vehicles weigh or are rated at less than 10,001 pounds and there is no direct compensation involved. There is “direct compensation” if the passengers (or a person acting on behalf of the passengers) pay the company for the transportation service being provided, and the payment is not included in a total package charge or other assessment for highway transportation services. See 390.3(f)(6) for details.
Definitions
Refer to the following federal definitions (note that state definitions may vary):
Commercial motor vehicle: Any self-propelled or towed motor vehicle used on a highway in interstate commerce to transport passengers or property when the vehicle:
Driver: Any person who operates a CMV at any time, even if it’s not in their job title. The following are all drivers who are regulated by HOS limits when driving CMVs, no matter what type of license they may hold:
Gross combination weight rating (GCWR): The greater of:
Gross vehicle weight rating (GVWR): The value specified by the manufacturer as the loaded weight of a single motor vehicle.
Motor carrier: A for-hire motor carrier or a private motor carrier. The term includes a motor carrier’s agents, officers, and representatives as well as employees responsible for hiring, supervising, training, assigning, or dispatching of drivers and employees concerned with the installation, inspection, and maintenance of motor vehicle equipment and/or accessories. This definition includes the terms employer and exempt motor carrier.
Motor vehicle: Any vehicle, machine, tractor, trailer, or semitrailer propelled or drawn by mechanical power and used upon the highways in the transportation of passengers or property, or any combination thereof determined by the Federal Motor Carrier Safety Administration, but does not include any vehicle, locomotive, or car operated exclusively on a rail or rails, or a trolley bus operated by electric power derived from a fixed overhead wire, furnishing local passenger transportation similar to street-railway service.
For a full discussion of this topic, click here.
State and federal HOS rules apply to both property- and passenger-carrying vehicles. For a full discussion of this topic, click here.
The “14/15-day rule” applies to both property- and passenger-carrying commercial motor vehicle (CMV) drivers. For a full discussion, see: “14/15-day rule.”
The FMCSR exemptions apply to both property- and passenger-carrying commercial motor vehicle operations. For a full discussion of these exemptions, see: “FMCSR exemptions.”
“Coercion and harassment” applies to drivers of both property-carrying and passenger-carrying commercial motor vehicle (CMVs). For a full discussion, see: “Coercion and harassment.”
“Penalties for non-compliance” applies to drivers of both property-carrying and passenger-carrying commercial motor vehicle (CMVs). For a full discussion, see: “Penalties for non-compliance.”
The definitions of on-duty and off-duty time apply to both property- and passenger-carrying commercial motor vehicle operations. For a full discussion of these terms, see: “What is on-duty and off-duty time?”
The definitions of on-duty and off-duty time apply to both property- and passenger-carrying commercial motor vehicle operations. For a full discussion of these terms, see: “On or off duty: Common areas of confusion.”
The topic of “Personal conveyance” is applicable to both property- and passenger-carrying CMVs. For a full discussion of this topic, see: Personal conveyance.
There are three basic hours-of-service (HOS) limits for drivers of passenger-carrying vehicles: the 10-hour driving rule, the 15-hour on-duty rule, and the 60- or 70-hour rule, in addition to the 8-hour off-duty requirement. Each of these is intended to prevent crashes caused by fatigued driving.
How are these limits tracked?
Drivers and motor carrier must keep close watch on their hours and must stop driving when they reach a limit. Many drivers must use an electronic logging system to track their hours, others can use paper logs, and some may use basic time records.
What happens if a driver exceeds one of the limits?
Exceeding an HOS limit can lead to fines, an out-of-service order, a blot on the driver’s safety record, and other penalties.
In general, drivers are required to have eight consecutive hours off work before driving a passenger-carrying commercial motor vehicle (CMV). What the driver does while off-duty is unimportant (any kind of “off-duty” time will satisfy the rules). The driver is not required to sleep, but getting enough rest is critical to both driver safety and the safety of others.
The driver must have NO on-duty time during the eight hours off. This includes any work for a motor carrier and any compensated work for anyone else. The eight hours of rest can be obtained in a passenger seat on a parked CMV, if the driver is relieved of all duties and responsibilities.
If the basic hours-of-service (HOS) limits are violated (such as by driving more than 10 hours or after 15 on-duty hours), the driver may still need only 8 hours of rest to return to driving, unless that’s not enough time to satisfy the 60/70-hour limits.
The definition of driving is all time spent at the controls of a CMV in operation.
The term on-duty time is defined in “What is on-duty and off-duty time?”
Four options
There are four basic ways to get the required eight hours off:
Option 1: Eight consecutive hours “off duty.”
Option 2: Eight consecutive hours in a sleeper berth.
Option 3: Eight consecutive hours using a combination of sleeper-berth and off-duty time.
Option 4: Eight non-consecutive hours off duty using a sleeper berth, obtaining two separate periods in the sleeper berth totaling at least eight hours, with each period being no less than two hours in duration. This is known as the “split sleeper” option.
Parked vehicle
Drivers of passenger-carrying commercial motor vehicles (CMVs) can log time spent resting in or on a parked vehicle as “off duty” and can exclude that time from the 15- and 60/70-hour calculations. Spending 8 consecutive hours resting in a passenger seat of a parked vehicle allows a driver a fresh 10 hours of driving time.
Moving vehicle
Time spent riding in a passenger seat of a moving vehicle must be logged as “on duty” unless the travel-time exception applies. The travel-time exception provides that when a passenger-carrying CMV driver at the direction of the motor carrier is traveling, but not driving or assuming any other responsibility to the carrier, such time must be counted as on-duty time unless the driver is afforded at least eight consecutive hours off duty when arriving at destination, in which case the driver must be considered off duty for the entire period. (395.1(j)(2)).
Logging in-vehicle time
To summarize, drivers must be knowledgeable about how to log in-vehicle time:
As an alternative to a minimum eight-consecutive-hour break, a driver in a passenger-carrying vehicle with a compliant sleeper berth can use the split-sleeper exception (also known as the split-break provision) to split an eight-hour break into two separate breaks with on-duty time in between.
For example, a driver can use a sleeper berth to obtain the required eight hours of rest by:
The “split” break will not reset the 10- and 15-hour limits the same way an 8-hour break would, but will serve to “pause” them.
Sleeper berth defined — A compliant sleeper berth must meet occupant restraint, shape, access, location, and exit-from-berth specifications, be properly equipped with a mattress, and meet ventilation requirements including protection from exhaust and fuel fumes per 393.76. Though not as common as on Class 8 tractors, some motorcoaches and other passenger-carrying vehicles are equipped with sleeper berths. Note: If the carrier’s vehicles are NOT equipped with sleeper berths, a driver can use records of duty status (logs) that do not have the standard “Sleeper Berth” row on the grid. That is, Line 2 on the log grid can be removed if used for non-sleeper vehicles.
Team operations — A bus equipped with a compliant sleeper berth can be a valuable option for accumulating the required off-duty time, especially in team operations. Using the sleeper berth effectively, a team of drivers could keep the vehicle operating right up to the 60- or 70-hour limit.
For team drivers, the ideal use is something like five hours on duty and four hours in the sleeper berth followed by another five hours on and four hours in the sleeper berth, and so on. There are no “team” hours-of-service rules, however, so each driver must comply at all times.
Qualifying breaks
When using the sleeper berth in non-consecutive periods of time to accumulate the required eight hours off, the driver must follow these basic rules, as described in 395.1(g)(3):
The driver can use any combination of time to reach eight hours in the sleeper, if neither period is less than two hours, such as: 2 6, 3 5, 4 4, etc.
Calculating compliance:
The “split sleeper” option does NOT allow for more driving with less rest than other options, but it does give the driver the flexibility to take shorter breaks and still get your 10 hours of driving.
For example:
After 8 consecutive hours off, a driver drives for 6 hours and then enters the sleeper berth for 4 hours. Then the driver drives for another 4 hours (reaching the 10-hour limit) before going into the sleeper for another 4 hours. Now the driver has 8 hours in the sleeper, so the driver can go back to driving, but only has 6 hours of driving available (10 minus the 4 hours already spent driving in between the two breaks).
Drivers who operate passenger-carrying commercial motor vehicles (CMVs) are limited to 10 hours of driving after having 8 hours off.
The term driving means all time spent at the controls of a CMV in operation.
Key points
There is an exception to the 10-hour driving and 15-hour on-duty limits for passenger-carrying commercial motor vehicle (CMV) drivers when unforeseeable adverse-driving conditions are encountered. In this situation, drivers will be allowed an extra two hours of driving to finish the run or reach a safe stopping place. This allows drivers to drive for up to 12 hours within a 17-hour on-duty limit to make up the time that was lost. (395.1(b)(1))
The phrase adverse driving conditions means snow, ice, sleet, fog, or other adverse weather conditions or unusual road or traffic conditions that were not known, or could not reasonably be known, to a driver immediately prior to beginning the duty day or immediately before beginning driving after a qualifying rest break or sleeper berth period, or to a motor carrier immediately prior to dispatching the driver.
Key points
If the following conditions apply, drivers may add up to two hours to their normal 10-hour driving and 15-hour on-duty limits, enabling them to drive for up to 12 hours within a 17-hour on-duty period, to make up time that was lost to the adverse condition:
The driver cannot use this “adverse driving conditions” exception for delays that the driver or motor carrier should have known about, such as congested traffic during a typical metropolitan rush hour.
When using this exception, it’s a good idea to have the driver enter a log note indicating use of the exception, and why. If using an electronic logging device (ELD), such a note is required. There is no need to obtain a supervisor’s signature or approval unless required under company policy.
Note that special provisions apply to drivers in Alaska who encounter adverse driving conditions.
The driver of a passenger-carrying commercial motor vehicle (CMV) operating in interstate commerce is prohibited from driving after having been on duty for 15 hours following 8 consecutive hours off duty. The 15-hour period is not consecutive; it includes only on-duty and driving time, not time spent off duty or in a sleeper berth. Once a driver accumulates 15 hours of on-duty time, there can be no more driving until the driver gets another 8 hours off.
The 15-hour rule is sometimes misunderstood to mean that a driver must be released from duty after 15 on-duty hours. However, the hours-of-service (HOS) rules only regulate driving, not working. A driver can do non-driving work beyond the 15-hour limit, just no more driving.
Federal definitions
The term driving time means all time spent at the controls of a CMV in operation.
The term on-duty time is defined in “What is on-duty and off-duty time?”
15-hour rule differs from the 14-hour rule for property-carrying CMVs
Keep in mind that this 15-hour rule for drivers of passenger-carrying CMVs is very different from the 14-hour rule for drivers of property-carrying CMVs. The 15-hour limit includes only “on-duty” time, the same time that goes into calculating the 60/70-hour limit. Off-duty and sleeper-berth time are never included in this calculation. This means a motorcoach driver, for example, could work and drive beyond the 15th or even 20th hour of the day if the workday is extended with off-duty time.
All time spent performing work, other than driving, must be logged as “on-duty/not driving” time (Line 4 on the grid). This time, together with driving time, makes up the total on-duty time.
Options for resetting the clock
Getting 8 hours off will reset the 15-hour limit. The same four options for obtaining 8 hours of rest to reset the 15-hour clock apply as they do for the 10-hour driving limit.
The 15-hour limit does not allow more than 10 hours of driving; it merely allows time to perform duties other than driving. Also, at the 15th hour the driver is not required to stop working but is required to stop driving. The violation is always one of driving after having attained the maximum permitted hours. Nothing stops a driver from continuing to work in an “on-duty/not driving” status.
Key points:
Example
Here is an example of the 15-hour rule in action:
This driver accumulated 15 on-duty hours (lines 3 and 4) by 8 p.m., including 10 hours of driving. The driver violated both rules by driving for an hour at 11 p.m. without first having another eight hours off. Note that the hour on duty after the 15-hour limit was reached (from 8-9 p.m.) was legal because it was not “driving.”
The “60/70-hour rule” applies to drivers of both property-carrying and passenger-carrying commercial motor vehicle (CMVs). For a full discussion of the passenger-carrying CMV requirements, see “60/70-hour rule.”
A driver of a passenger-carrying commercial motor vehicle (CMV) in the State of Alaska must not drive:
A driver who encounters adverse driving conditions may drive (and be permitted or required to drive) for the amount of time needed to complete the run. After completing the run, however, that driver must be off duty for at least 8 consecutive hours before driving again. (395.1(h)(2))
Drivers of commercial motor vehicles (CMVs) must keep accurate records of work and rest hours to ensure compliance with the hours-of-service rules. The specific method a driver uses to keep these records will depend on which rules apply.
The methods include electronic logging devices (ELDs); paper or digital logs (also known as records of duty status (RODS)); and basic time records or “exemption logs” for drivers using a short-haul exception from normal logs.
Which type of HOS log is needed?
Careful consideration must be given to the type of log to be used. Some drivers may be required to use a specific type of automated electronic logging device (ELD) while others may be required or allowed to use paper logs or basic time records, and still others may be exempt from needing logs. Furthermore, those eligible to use paper logs have the option to create digital logs on an electronic device.
Motor carriers, in general, should assume that their CMV drivers who are subject to hours-of-service rules must use an ELD unless they know that an exception applies.
If a driver is required to use an ELD, then the driver must use an ELD in every commercial motor vehicle (CMV) operated.
Manual RODS
Some CMV drivers who are subject to logs may be eligible to use manual (paper or digital) logs in place of an ELD, depending on whether the motor carrier allows it. This is the case when a driver is operating a CMV:
If the driver and/or vehicle does not meet the above criteria, an ELD is likely needed.
New or intermittent drivers
Before a new or intermittent driver may start driving a CMV, the motor carrier must have a complete picture of the driver’s hours of service so the carrier can verify the driver has available driving time. This record must cover the prior seven consecutive days. Specifically, the carrier must obtain from the driver a signed statement showing the driver’s on-duty time during those seven days and the time at which the driver was last relieved from duty. (395.8(j)(2)).
Interstate commercial motor vehicle (CMV) drivers who are subject to the log requirements in 395.8 must use electronic logging devices (ELDs) in place of any other logging methods, with the following exceptions:
Many in-state-only (intrastate) drivers also need ELDs but the specific requirements and exemptions vary somewhat from state to state.
Note that the ELD standards apply to individual drivers and motor carriers. Just because an individual driver needs an ELD does not mean all drivers or all vehicles at that motor carrier must use ELDs. Some drivers for a particular company may always need ELDs, others may only need ELDs occasionally (when they cross the 8-times-per-30-days threshold), while others may be exempt. Also, just because a vehicle is equipped with an ELD does not mean that all drivers of that vehicle must use the ELD.
Whenever a commercial motor vehicle (CMV) driver is required to use a standard log (record of duty status), it must contain specific information. The required information varies somewhat based on the type of log being used, whether an electronic logging device (ELD) or paper or digital (non-ELD) logs.
Among the information that must be included:
Log entries not required
Additional information may be required by the motor carrier that is not required by the regulations. There are no rules prohibiting carriers from requesting additional information on their logs. Note that the following items were required at one time but are no longer needed:
Also not required is a “recap” of the past week’s hours, typically found on the side of a paper log page. With electronic logs, recaps are automated.
Sample
The following is a sample paper log containing all required elements, in addition to an optional recap:
Despite the widespread implementation of electronic logs, state and federal regulations still allow many drivers to use paper logs, and such logs are required as a backup for malfunctioning electronic logs. The following is an overview of the requirements for using paper logs, whether done on paper or using a digital device.
Keep it current, legible, and legal
A driver’s log is the basic source of information used to determine both carrier and driver compliance or non-compliance with the hours-of-service regulations.
Six starting entries
Standard paper logs must be filled out “in duplicate for each 24-hour period.” All entries “relating to a driver’s duty status” must be legible and made by the driver. However, it is permissible to pre-print some of the other required information, such as the carrier’s name and main office address. There are six items the driver can record at the start. NOTE: The numbers in parentheses () below, except for item (6), refer to the circled numbers on the log images shown.
The company name and address may be pre-printed.
The graph grid
The graph grid is where most violations show up. A few simple rules for drivers can make the graph grid readable and understandable. NOTE: The numbers in parentheses () below refer to the circled numbers on the log images shown.
The ‘Remarks’ section
The “Remarks” section (9) is used to record the location of each change in duty status and other information relating to the driver’s daily activities. This is also where the driver can enter notes regarding activities such as an inspection or fueling, or to explain why the driver exceeded an hours-of-service limit.
The grid is divided into 15-minute increments. In the case of short stops of less than 15 minutes for such things as tire checks or checking load binders, there isn’t enough space to accurately record such stops directly on the graph grid. Therefore, drivers can show such stops by simply drawing a line from the appropriate time marker into the “Remarks” section and noting the location and length of time stopped. Although not required, it is a good idea (and many carriers require it) to indicate the reason for short stops, e.g., “TC” for a tire check. (10).
If a change of duty status occurs at a location other than a city, town, or village, the location can be recorded in one of the following ways:
Drivers of property-carrying vehicles must enter additional Remarks containing the following information, if applicable:
The final entries drivers are required to make on the duty status record are the total miles driven today (11) and the driver’s signature/certification (12) which is the driver certifying that “...all entries required by this section made by the driver are true and correct.”
The preceding image shows a completed log with all required entries.
The regulations require the recording of a driver’s duty status for “each 24-hour period.” Drivers are allowed, however, to record more than one consecutive day off on the same log.
For example, if a driver is off duty for a weekend, a holiday period of several days, or even a two-week vacation, one log can be used by entering the inclusive dates and showing “off duty” for 24 hours on the graph grid. This is true even if the time off stretches into a new calendar month.
On a paper log, it is recommended that the driver multiply the number of days off duty by 24 and enter the result in the “Total Hours” column (such as “72” for 3 days off).
If, due to time off, a motor carrier does not have a full record of a driver’s time over the prior seven consecutive days before the driver returns to driving (whether recorded on paper or electronic logs), the company must “fill in the gaps” by getting a signed statement of the driver’s on-duty time during those seven days and the time at which the driver was last relieved from duty. (395.8(j)(2)).
Though most drivers are required to use an electronic logging device (ELD) in place of other logging options — and other drivers may be required by an employer to use an ELD even if not required to by the regulations — drivers who are eligible to use paper logs have the option to create their logs on a digital device, even if that device is not an ELD.
Federal regulations in 390.32 allow the use of electronic records in place of paper in most cases. Therefore, drivers may create logs using an electronic method if each log complies with 395.8 (paper log requirements) and 390.32 (electronic documents and signatures).
A variety of software and hardware combinations can be used to create digital logs. These include applications running on laptops, smartphones, tablets, and other devices that are not necessarily connected to the vehicle to capture engine-use data. They may include global positioning system (GPS) capability to capture vehicle movement and location, but do not need to meet the ELD standards.
A key consideration with non-ELD digital logs is the ability to print or display logs for inspection. Officers may be unwilling to accept a driver’s laptop or smartphone application in place of a paper log. They are also not required to accept e-mailed logs from a driver’s device, though some officers may allow or request that.
If a driver is using logging software that is NOT part of a compliant ELD, then the logs may need to be printed for inspection, as indicated below:
Software Type | Requirements |
Logging software that accepts an electronic signature |
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Logging software that does NOT accept an electronic signature |
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Keeping track of the 60- or 70-hour limit can be difficult, but one of the most common ways to simplify that task is by using a monthly summary, such as the form shown below. Such forms are often found within drivers’ logbooks but are also available separately. The monthly summary sheet is used to keep a running tally of each day’s on-duty time as well as calculate compliance and determine how many hours are available each day, whether the 34-hour restart option is used or not.
The summary is not only convenient, but also easy to use once a driver takes the time to understand how it works. Below is an example following the instructions step by step. Most summary sheets allow for both 60- and 70-hour calculations, but the example below uses the 70-hours-in-8-days limit.
Last seven days
The figures 1 to 31 in the first column represent calendar days. Entries must be made for each day, even when a driver does not work.
Available hours
The next day
Compliance
In the last step we come to the important question of compliance or non-compliance with the 70-hour rule.
The driver is in compliance! Remember that the driver could perform non-driving activities after reaching the 70-hour limit and not be in violation, so a number larger than 70 in Column C does not necessarily indicate a violation.
Also remember that a property-carrying vehicle driver might be able to use the 34-hour restart to have 70 hours available again. After the restart break, the hours worked before that break began no longer need to be added into the totals.
Violations
From this point on, the same procedure is followed at the end of each day. Column B shows the driver’s on-duty hours available for the next day, and Column C indicates whether there may be a violation. If any number in Column C is larger than 70, no driving should have been done after the limit was reached on that day. Any driving that was done is a violation and it should be circled for easy identification.
60-hour/7-day schedule
For drivers assigned to the 60-hour/7-day schedule (see the right side of the sample monthly summary sheet), the procedure is the same as above, except for total days and maximum hours. Column A is the total for the last 6 days, which is subtracted from 60 for hours available in Column B, and Column C should contain the total for the last 7 days. Violations are for driving after reaching 60 hours shown in Column C.
A driver must submit (or forward by mail) each original record of duty status (RODS) to the regularly employing motor carrier within 13 days of completion. If the driver is used by more than one carrier during any 24-hour period, a copy of the record must be submitted to each carrier (which may involve printing the record onto paper from an electronic logging device (ELD) if the other carrier cannot accept an electronic copy).
Record retention
A motor carrier must retain each daily log, along with all supporting documents, at its principal place of business, regional office, or driver work-reporting location for a period of six months from the date of receipt. The records must be made available at the principal place of business or other designated location within 48 hours of a request by an authorized official.
A driver must retain a copy of each record for the previous seven consecutive days. Those records, along with the original record for the current day, must be in the driver’s possession and available for inspection while on duty.
Hawaii exception
Standard records of duty status (logs) are not required for a driver operating CMVs in Hawaii if the motor carrier retains, for a period of six months, records showing the total number of hours the driver is on duty each day and the time at which the driver reports for and is released from duty each day.
Scanned Logs
The requirement that logs must be completed “in duplicate” can be met by electronically submitting a scanned image of the original handwritten logs to the motor carrier within 13 days after completion, while the driver retains the original records for the current day and the previous 7 consecutive days. The original logs can then be discarded if they have been suitably scanned. Motor carriers must maintain the scanned image of the signed logs and all supporting documents for each driver for a period of six months from the date of receipt. Refer to Question 29 in the Federal Motor Carrier Safety Administration’s interpretations for 395.8.
A commercial motor vehicle (CMV) driver who operates locally — within a 150 air-mile radius — may qualify for certain exceptions from federal hours-of-service rules. The 150-air-mile or “short-haul” exceptions apply to drivers and motor carriers operating property-carrying and passenger-carrying CMVs in interstate commerce.
Qualifying drivers may use simpler time records and, depending on the type of vehicle being driven, may be exempt from 30-minute breaks, the standard 14-hour limit, and the need to keep supporting documents.
The exceptions are described in:
Key definitions
150 air-mile radius: A distance of 150 air miles is equivalent to 172.6 statute (road) miles.
Commercial driver’s license (CDL): A license issued to an individual by a state or other jurisdiction, in accordance with federal standards contained in 383, which authorizes the individual to operate a certain class of commercial motor vehicle. In this case, “commercial motor vehicle” is defined in 383.5 (not the definition shown below).
Commercial motor vehicle (CMV): A self-propelled or towed motor vehicle used on a highway, in interstate commerce, that meets any one of the following criteria:
Summary of requirements for the exception
A CMV driver is not required to use a standard grid-style timekeeping log (known as a record of duty status (RODS)) if the driver operates within a 150 air-mile radius of the normal work-reporting location, the driver returns to the work-reporting location and is released from work within 14 consecutive hours, and the following additional criteria are met:
The mandatory 30-minute break and supporting-document requirements do not apply to the driver of a property-carrying CMV who qualifies for this exception.
A 150 air-mile radius driver is not exempt from the 60-hour/7-day or 70-hour/8-day limit.
Additional exceptions for non-CDL trucks
Additional exceptions are available to short-haul drivers of property-carrying CMVs who are not required to hold a commercial driver’s license (CDL) for the vehicle being driven. The same limits and recordkeeping requirements as listed above must be met, except that the drivers:
A driver who uses this provision (for non-CDL vehicles) is not eligible to use the sleeper-berth exception (395.1(g)) or the once-per-week 16-hour exception (395.1(o)).
Drivers using the 150-air-mile exception (also known as the “short-haul” exception) are not exempt from all hours-of-service rules nor other safety regulations. Such drivers must continue to comply with the 60/70-hour rule as well as all other safety rules besides hours of service. The exception is only an exception from:
A driver who fails to comply with the requirements of the 150-air-mile exception on any given day must complete a standard log for that day and, if applicable, take 30-minute breaks as necessary and keep supporting documents. The log must be started as soon as the driver becomes aware that the requirements of the 150-air-mile exception will not be met and must cover the entire day.
If the driver doesn’t realize that the short-haul exception no longer applies until after eight driving hours have already gone by and did not take a 30-minute break, the Federal Motor Carrier Safety Administration says the driver will not be considered to be in violation, but the driver should enter a note on the log to indicate why the required break was not taken earlier and “should take the break at the earliest safe opportunity.”
Driver-salespersons (as defined in 395.2) who use this exception are limited to a radius of 100 miles from the work-reporting location if they also wish to take advantage of other special exceptions that exist for driver-salespersons.
A driver can cross state lines and/or transport hazardous materials and still use this exception, if the above criteria are met.
For drivers using a 150-air-mile exception (also known as the “short-haul exception”), the motor carrier (employer) must maintain time records for six months showing:
To ensure compliance with the 60/70-hour rule, the motor carrier must also keep time records for days during which the driver does not work. In other words, the time records must show when a driver has been off duty for an entire day or more (although auditors will normally assume a driver has been off duty if there is no time record for a given day). The employer must also maintain records of on-duty time the driver accumulates with other employers, because those hours count against the allotted 60/70 hours.
Short-haul drivers are not required to have copies of the time records in their possession, nor any other documents showing that they are using this exception (although having such documentation can help speed up any inspections).
Drivers who occasionally need to use a regular log may use paper logs on up to 8 days out of any 30 consecutive days. If a log is required on a 9th day out of 30, the driver likely must use an electronic logging device instead.
Sample time record for short-haul drivers
The following is an example of a time record that may be used for recording time under the short-haul exceptions when a regular log is not required. The record includes spaces to record all required information: the daily start and end times and total on-duty hours.
The federal hours-of-service rules contain two “short-haul” exceptions: one that exempts drivers from logs when operating within 150 air miles (LINK) and another that allows drivers of property-carrying commercial motor vehicles (CMVs) to drive up to the 16th hour of the day (instead of the normal 14-hour limit) once per week (LINK). However, these two exceptions are mutually exclusive; a driver may not use both on the same day.
A driver using the 150-air-mile exception must be released from duty within 14 consecutive hours, whereas a driver using the 16-hour short-haul exception must be released within 16 hours. Therefore, a driver may not use both exceptions on the same day, because a short-haul driver who stays on duty for 15-16 hours would not be eligible for the 150-air-mile exception. However, a 150-air-mile-radius driver who normally does not complete a log could use the short-haul exception as long as a standard log is completed for that day.
“Short haul” and “duty tour”
The rules do not define “short haul,” but this term generally refers to any driver and vehicle that return to the normal work-reporting location daily. Any driver who meets the conditions of a “short haul” exception can use the exception. A “duty tour” is the interval between the time a driver comes on duty and is released from duty on a daily basis, beginning and ending at the driver’s normal work-reporting location.
Drivers and motor carriers must retain certain documents that an auditor can use to verify that the driver and carrier are complying with the hours-of-service (HOS) rules. These documents are known as “supporting documents” and are required under 395.11.
Motor carriers must retain all supporting documents at their principal places of business for six months from the date of receipt. Because electronic logging devices (ELDs) are used to track driving time for most drivers, supporting documents are only needed to verify on-duty (not driving) time. Drivers using paper or digital logs instead of ELDs will need to submit their toll receipts in addition to the other supporting documents listed below. See 395.8(k)(1) and 395.11.
Drivers using the 150-air-mile short-haul exception are exempt from the supporting-document requirements.
Motor carriers need only keep documents that are “generated or received in the normal course of business.” They do not need to create supporting documents from scratch.
Supporting Document Requirements
Topic | Requirements |
Types of documents to retain | The following categories of documents are considered supporting documents:
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Contents | Supporting documents must contain:
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Number to be retained | Carriers do not need to keep more than 8 supporting documents for each driver for each 24-hour period. However:
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Driver’s role | Drivers who have supporting documents in their possession must make them available for inspection. They must submit supporting documents within 13 days of either (a) the 24-hour period to which the documents pertain or (b) the day the document comes into the driver’s possession, whichever is later. |
How to keep them | Supporting documents must be kept in such a way that they may be effectively matched to each driver’s logs. Supporting documents must not be obscured, defaced, destroyed, mutilated, or altered. They can be stored electronically. |
Although a driver’s log is not directly related to other paperwork, there is often an indirect relationship. This shows up most often as a discrepancy between the log and other documents such as shipping papers, accident reports, fuel receipts, GPS records, etc. The first implication is that there has been falsification, but it may also indicate the driver is not keeping records current — not only to the last change of duty status but even on a daily basis — and is relying on memory to complete the logs.
Note that logs and payroll records do not always have to match perfectly. Drivers who are relieved of duty can log “off duty” while still being paid, for example.
The federal hours-of-service (HOS) regulations — as part of the Federal Motor Carrier Safety Regulations (FMCSRs) — apply, in part, to motor carriers and drivers of property-carrying commercial motor vehicles (CMVs) used in interstate commerce. This can include tractor/trailer units, pickup trucks, utility trucks, cargo vans, straight trucks, and other vehicles that were designed to carry property rather than people, even if the vehicles are empty and are not for hire.
Who must comply?
Federal HOS regulations apply to anyone who operates a CMV in interstate commerce, as defined in 390.5.
State HOS regulations also apply to those who operate CMVs, but only those involved in intrastate commerce within the state. States may enforce state HOS rules differently than the federal government, such as on fewer vehicles or with less restrictive limits on driving.
Definitions
Refer to the following federal definitions (note that state definitions may vary):
Commercial motor vehicle: Any self-propelled or towed motor vehicle used on a highway in interstate commerce to transport passengers or property when the vehicle:
Driver: Any person who operates a CMV at any time, even if it’s not in their job title. The following are all drivers who are regulated by HOS limits when driving CMVs, no matter what type of license they may hold:
Gross combination weight rating (GCWR): The greater of:
Gross vehicle weight rating (GVWR): The value specified by the manufacturer as the loaded weight of a single motor vehicle.
Motor carrier: A for-hire motor carrier or a private motor carrier. The term includes a motor carrier’s agents, officers, and representatives as well as employees responsible for hiring, supervising, training, assigning, or dispatching of drivers and employees concerned with the installation, inspection, and maintenance of motor vehicle equipment and/or accessories. This definition includes the terms employer, and exempt motor carrier.
Motor vehicle: Any vehicle, machine, tractor, trailer, or semitrailer propelled or drawn by mechanical power and used upon the highways in the transportation of passengers or property, or any combination thereof determined by the Federal Motor Carrier Safety Administration, but does not include any vehicle, locomotive, or car operated exclusively on a rail or rails, or a trolley bus operated by electric power derived from a fixed overhead wire, furnishing local passenger transportation similar to street-railway service.
The federal hours-of-service (HOS) rules distinguish between commercial motor vehicles (CMVs) that carry property and those that carry passengers, and there are different rules for each.
How is the type of vehicle determined?
First, decide if the vehicle falls into the “passengers” category. Is the vehicle designed or used to transport 9 or more passengers (including the driver) for compensation OR designed or used to transport 16 or more passengers (including the driver) and is not used to transport passengers for compensation? If so, then it’s a passenger-carrying vehicle even if it is never used to carry passengers.
If some seats are removed, whether temporarily or permanently, the number of passengers the vehicle was originally designed to carry has not changed. If, however, all the seats from a passenger-carrying vehicle are removed and the vehicle is converted into a cargo vehicle, then it is regulated as a property-carrying vehicle.
If it’s not a passenger-carrying vehicle, then it is automatically a property-carrying vehicle, even if it is never used to transport property, cargo, or freight. The vehicle itself can be the “property” that is being transported.
For drivers operating passenger-carrying vehicles in a “driveaway-towaway” capacity — such as driving an empty bus from a manufacturer to a dealer or dealer to buyer — the rules for property-carrying vehicles apply.
What if both types of CMVs are operated?
Regardless of whether a driver operates property- or passenger-carrying vehicles, the driver must always follow the HOS rules that apply to the vehicle driven at any given time, and the driver will need enough rest to meet the off-duty requirements needed for the next vehicle to be driven. For example, if the driver will be driving a bus today and a truck tomorrow, the driver will need 8 hours off duty before driving today and 10 hours off before driving tomorrow.
All states have their own hours-of-service (HOS) regulations for intrastate (in-state only) operations. Those regulations may be identical to federal Part 395 standards or may differ in significant ways. For that reason, it’s vital to understand which rules apply (state or federal) and then to know and comply with those rules.
Drivers who normally follow their state’s rules but intermittently (or even just one time) need to cross state lines or otherwise engage in interstate commerce are required to be in full compliance with federal rules for the duration of the interstate trip and for the following week. This requirement is often referred to as the “14/15-day rule.”
Interstate vs. intrastate commerce
The federal HOS rules apply to commercial vehicles engaged in interstate commerce. “Interstate commerce” means trade, traffic, or transportation in the United States that goes:
All other commerce would be defined as “intrastate commerce,” commerce which remains entirely within a single state.
Whether commerce is interstate or intrastate in nature is often a complicated matter involving several factors. According to the Federal Motor Carrier Safety Administration, one must look at “the essential character of the movement, manifested by the shipper’s fixed and persistent intent at the time of shipment.” If the intent of the transportation being performed is interstate in nature, even when the route is within the boundaries of a single state, the driver is subject to the federal HOS limits.
Even if a vehicle is empty, if it is being transported across state lines (such as for maintenance), the transportation is considered interstate commerce. However, if a vehicle is driven across state lines for private, personal transportation, the driver would not be engaged in interstate commerce.
If engaged exclusively in intrastate commerce, the driver may be subject to the federal rules if the state has adopted those rules. Refer to the state-specific information for more details.
The 14/15-day rule affects drivers who usually operate within the borders of a state but sometimes need to cross state lines or otherwise perform transportation that is regulated as “interstate commerce.”
Intrastate (in-state only) drivers who operate in interstate commerce must follow the federal hours-of-service (HOS) rules (Part 395) before, during, and after each interstate trip. Specifically, the Federal Motor Carrier Safety Administration (FMCSA) has established a so-called “14/15-day rule” designed to "keep driver fatigue within manageable bounds."
Before the trip
Seven days before beginning a trip in interstate commerce in a commercial motor vehicle (CMV), the driver must begin preparing records of duty status (logs), unless the driver is exempt from logging under a short-haul exception in 395.1(e).
On the day the interstate trip is to begin, logs for the previous seven consecutive days must be in the driver’s possession, as required by 395.8(k)(2) (unless a short-haul exception is used). This is required even if the driver operated only in intrastate commerce during that seven-day period.
During the seven-day period prior to the interstate trip, the driver may follow state hours-of-service (HOS) limits concerning driving and on-duty time, rather than federal rules. Before the interstate trip begins, however, the driver must have the appropriate amount of off-duty time (8 consecutive hours for a property-carrying vehicle or 10 consecutive hours for a passenger-carrying vehicle) as required under 395.3 or 395.5, respectively, and must follow the 60- or 70-hour limits specified in those sections.
During the trip
During the interstate trip, the driver would be subject to roadside enforcement of the federal HOS rules. The driver would not be allowed to follow alternative state-specific HOS rules for any part of the trip.
FMCSA investigators will cite drivers for violations of the 11- or 14-hour rules (for property-carrying vehicles), the 10- or 15-hour rules (for passenger-carrying vehicles), or the 60- or 70-hour rules that are committed while on the interstate trip.
After the trip
Any driver who begins a trip in interstate commerce must continue to meet the requirements of Part 395 through the end of that day and the next seven to eight consecutive days, depending on which rule the motor carrier operates under (i.e., the 60- or 70-hour limits).
The driver must continue to comply with the requirements of Part 395 even if operating exclusively in intrastate commerce for the remainder of the 60/70-hour period (i.e., 7/8-day schedule) at the end of the interstate trip. Note that the 14/15-day policy was enacted before property-carrying drivers could get a 34-hour “restart,” so the policy does NOT say that getting a restart will eliminate the need to continue complying with federal rules for the 7/8-day period after returning to intrastate operations. Note: The 34-hour “restart” rule does not apply to passenger-carrying CMVs.
FMCSA investigators will cite drivers for violations of the federal rules that are committed during the seven or eight days after completing the interstate trip.
Many people assume that smaller vehicles like pickup trucks are automatically exempt from the rules, especially when they are used by a private company, don’t have air brakes, don’t require a commercial driver’s license (CDL), and stay close to home. But many pickups, especially when used to pull a trailer, are regulated as commercial motor vehicles (CMVs) because they are used for a business and they exceed the 10,001-pound threshold.
Four-part test
Complete this four-part test to see if a pickup is a CMV:
If the answer to any of these questions is “yes,” then the pickup — if used in commerce — is a CMV and compliance with hours of service (HOS), and lots of other safety rules, is required, especially if the vehicle crosses state lines. If the pickup stays within a single state, then it may be exempt in that state.
What if the trailer is unhooked and the answer to all four questions is “no”? Then the truck by itself is not a CMV under federal rules and the driver is exempt from HOS rules.
The following commercial motor vehicle (CMV) operations are entirely exempt from the Federal Motor Carrier Safety Regulations (FMCSRs), including the hours-of-service (HOS) rules:
Refer to 390.3 for these exemptions, as well as 390.5 for important definitions of many of the terms used above.
Declared emergencies
Drivers providing direct assistance during a government-declared emergency may be exempt from HOS and other safety regulations during the term of the emergency operation (but for no longer than 30 days, unless extended).
This exemption also covers the trip back to the driver’s terminal or other reporting location with the empty vehicle, but drivers who feel the need for immediate rest must be given at least 10 consecutive hours of rest before being required to return.
Upon return, the driver must be relieved of duty and must not drive again until back in compliance with the HOS limits.
Refer to regulation 390.23 for details, including 390.5 for important definitions.
In addition to the hours-of-service (HOS) exemptions provided by 390.3 and 390.23, there are some exemptions that apply only to the HOS requirements for drivers of certain vehicles, as described in 395.1. They are:
‘Local’ drivers are not exempt
Local or “short-haul” drivers are not exempt from HOS. Certain interstate drivers who operate locally and return home each day may be exempt from needing a log, but they are not exempt from the HOS rules nor most other safety regulations.
Drivers of utility service vehicles used in the repair, operation, or maintenance of utility infrastructure are exempt from the hours-of-service (HOS) regulations, including HOS limits, recordkeeping, and rest requirements.
The exemption is found in 395.1(n), with the definition found in 395.2:
A “utility service vehicle” is any commercial motor vehicle:
If a trip or portion of a trip in a commercial motor vehicle (CMV) supports the construction of new facilities or infrastructure, the driver is subject to the federal HOS regulations. In such cases, duty status changes must be recorded either on a log (electronic or paper as allowed by regulation) or on a time record if working under a short-haul exception, for the entire trip or the portion related to the creation of new utility infrastructure.
When using the utility-service-vehicle exemption, drivers must not operate a CMV while ill or fatigued, as prohibited by 392.3.
There is a broad exemption from many parts of the Federal Motor Carrier Safety Regulations for the operation of covered farm vehicles. A covered farm vehicle and its driver are exempt from:
The exemption is found in 390.39, with the definition found in 390.5:
Covered farm vehicle means a straight truck or articulated vehicle that is:
Refer to the following geographic restrictions based on the gross vehicle weight rating (GVWR), gross combination weight rating (GCWR), gross vehicle weight (GVW), or gross combination weight (GCW) of the vehicle:
A covered farm vehicle with a GVWR, GCWR, GVW, or GCW, whichever is greater, of: | May use the exemption: |
26,001 pounds or less | Anywhere in the United States |
More than 26,001 pounds | Anywhere in the state of registration or across state lines within 150 air miles of the farm or ranch with respect to which the vehicle is being operated |
The federal hours-of-service (HOS) requirements in Part 395 do not apply to drivers who transport the following products during planting and harvesting periods, as determined by each state:
Federal definitions (395.2)
Agricultural commodity: (1) Any agricultural commodity, non-processed food, feed, fiber, or livestock as defined in this section. (2) The term “any agricultural commodity” means horticultural products at risk of perishing, or degrading in quality, during transport, including plants, sod, flowers, shrubs, ornamentals, seedlings, live trees, and Christmas trees.
Farm supplies for agricultural purposes: Products directly related to the growing or harvesting of agricultural commodities during the planting and harvesting seasons within each state, and livestock feed at any time of the year. This can include fuel if the entire load of fuel is used for agricultural purposes.
Livestock: As defined in sec. 602 of the Emergency Livestock Feed Assistance Act of 1988 [7 U.S.C. 1471], and as amended, insects, and all other living animals cultivated, grown, or raised for commercial purposes, including aquatic animals.
Non-processed food: Food commodities in a raw or natural state not subjected to significant post-harvest changes to enhance shelf life, such as canning, jarring, freezing, or drying.
The term “non-processed food” includes fresh fruits and vegetables, and cereal and oilseed crops which have been minimally processed by cleaning, cooling, trimming, cutting, chopping, shucking, bagging, or packaging to facilitate transport by commercial motor vehicle.
Key points
There is a broad exemption from many parts of the Federal Motor Carrier Safety Regulations for the operation of a “pipeline welding truck.” (390.38)
Definition of “pipeline welding truck”: A pick-up style motor vehicle that:
The operator of a pipeline welding truck, including the driver and employer, are exempt from:
Railroad signal employees who operate commercial motor vehicles (CMVs) and are engaged in installing, repairing, or maintaining signal systems are exempt from the federal hours-of-service (HOS) rules in Part 395. The exemption applies only while the railroad signal employee is employed by a railroad carrier — or is a contractor or subcontractor to a railroad carrier — and is regulated by the Federal Railroad Administration. (395.1(r))
Federal definition
A “signal employee” means an individual who is engaged in installing, repairing, or maintaining signal systems. (49 U.S.C. 21101(4)).
There is a persistent myth that commercial motor vehicle (CMV) drivers may exceed the hours-of-service limits to reach a “safe haven.” However, there is no such exception. The concept of a “safe haven” applies only to drivers transporting explosives and allows them to stop attending to their cargo when parked in a secure area.
Attendance
A motor vehicle which contains explosive material must be attended at all times by its driver or a qualified representative of the motor carrier that operates it. (397.5(a)). This rule, however, does not apply if:
A “safe haven” is defined as “an area specifically approved in writing by local, State, or Federal governmental authorities for the parking of unattended vehicles containing [explosive] materials.” (397.5(d)(3)).
As can be seen from the regulatory language, the concept of a “safe haven” applies only when drivers operating vehicles containing explosive materials are eligible to be off duty.
For all other drivers, there is no exception that says they can exceed the hours-of-service (HOS) limits to reach a safe haven. In fact, the HOS rules make no mention of safe havens.
The only exception that allows a driver to reach a parking location when out of hours is the “personal conveyance” provision. This applies when a driver must leave a customer location after loading or unloading caused the driver to run out of hours. A driver in that situation may drive in an off-duty status (personal conveyance) to the nearest safe location to obtain required rest. See: Personal conveyance.
Federal regulations prohibit motor carriers, shippers, receivers, brokers, and others from pressuring or “coercing” drivers into violating hours-of-service (HOS) regulations (or any other safety regulation). In basic terms, coercion occurs when a driver is threatened with loss of pay, employment, or job opportunities for refusing to violate the safety rules. Drivers who make clear that they will violate the rules if they drive but are nevertheless pressured into driving may file a complaint with the Federal Motor Carrier Safety Administration (FMCSA) within 90 days using the procedures referenced in 390.6.
Drivers may also file a complaint within 90 days if they are “harassed” by a motor carrier using data from the driver’s electronic logging device (ELD). Harassment occurs when a carrier uses ELD data in a way that the carrier knew, or should have known, would result in the driver violating an HOS rule or the prohibition on driving while ill or fatigued. For example, a dispatcher might review incoming ELD data and see that a driver has 30 minutes left in which to drive, but the driver has stopped driving due to fatigue. If the dispatcher forces the driver to get back behind the wheel to use his 30 available minutes, the driver could report that as harassment. See 390.36. The procedures for filing a complaint of harassment are found in 386.12(b).
Coercion
If a driver is forced or coerced into violating the HOS rules or driving while ill or fatigued, a formal complaint can be filed. Shippers, receivers, brokers, motor carriers, dispatchers, and others involved in the transportation chain are prohibited from “coercing” drivers. Two conditions must be met before a driver can claim coercion:
Note that the driver doesn’t have to violate the rules to be coerced — being threatened is enough, if both conditions are met.
Filing a coercion complaint
If a driver wants the FMCSA to investigate an instance of coercion, a written complaint must be filed within 90 days. The driver will not be able to remain anonymous during the investigation.
A driver can file a complaint online at http://nccdb.fmcsa.dot.gov or by calling (800) DOT-SAFT. The driver will have to provide a name, address, signature, and telephone number, the name and address of the alleged coercer, the rule(s) that the driver was pressured to violate, and a short statement of the facts. (386.12(c)(1)).
If a valid complaint is filed, the FMCSA will investigate it and notify the driver of the results. (386.12(c)(2)).
Protection of complainants — The FMCSA must take every practical means within its authority to ensure that the driver is not subject to coercion, harassment, intimidation, disciplinary action, discrimination, or financial loss as a result of the complaint. This will include notification that 49 U.S.C. 31105 includes broad employee protections and that retaliation for filing a coercion complaint may subject the alleged coercer to enforcement action by the Occupational Safety and Health Administration. (386.12(c)(3)).
Drivers or carriers who violate the hours-of-service (HOS) rules face serious penalties:
CSA and hours of service
Under the FMCSA’s CSA enforcement program, HOS violations are closely monitored and used to grade carrier and driver performance. Those drivers with the worst performance (when compared to their peers) are targeted for enforcement actions.
Under CSA, HOS violations fall under the HOS Compliance category, one of the seven “BASIC” categories on which drivers and motor carriers are judged. All HOS violations reported during roadside inspections (whether the driver was placed out of service or not and including written warnings) are entered into the CSA’s Safety Measurement System and used to generate the carrier’s and driver’s scores in the HOS Compliance BASIC.
Scores are weighted depending on the severity and age of the violation, how many inspections were conducted, and whether there was an out-of-service order. Violations continue to affect carriers’ scores for two years, and drivers’ scores for three years, and are updated monthly at the following website (note that CSA scores are currently hidden from public view but may be accessed by logging into the website): http://ai.fmcsa.dot.gov/.
Depending on how poorly a carrier is performing in relation to its peers on each BASIC, it may be open to an “intervention” from the FMCSA, including warning letters, fines, increased inspections, or worse, in an effort to get the carrier to improve its performance.
With the serious consequences that exist for HOS violations, coupled with the scrutiny of CSA, it is more important than ever to know and understand the regulations so that compliance is not a matter of guesswork.
To comply with the hours-of-service (HOS) regulations, knowledge of the difference between being “on duty” and being “off duty” is necessary. The distinction is much more complex than just “working vs. not working.”
The basic definition of on-duty time includes “...all time from the time a driver begins to work or is required to be in readiness to work until the time the driver is relieved from work and all responsibility for performing work.” The definition of on-duty time includes:
What is off-duty time?
Off-duty time is not defined in the regulations, but it is essentially any time that is not spent on duty or in a sleeper berth. When a driver is free from obligation to the employer, the vehicle, and its cargo and is free to pursue activities of his or her own choosing, it is generally off-duty time.
Is a driver considered off duty when driving to a “safe haven”?
No. The concept of a “safe haven” applies only to drivers operating vehicles containing explosive materials and affects when those drivers are eligible to be off duty (see 397.5). For all other drivers, there is no exception that says they can exceed the HOS limits to reach a safe haven. In fact, the HOS rules make no mention of safe havens.
What about fueling time?
Fueling is considered on-duty time because it involves the “servicing or conditioning” of a CMV. A driver who pulls into a fuel island and exits the vehicle to pump fuel has gone from “driving” to “on duty/not driving,” so that change in duty status must be recorded on the log along with the location. This is true even if the fueling takes less than 15 minutes, and even if done on a driver’s day off (because the fuel will be used for a business purpose).
If the fueling activity takes less than 15 minutes and the driver is using a paper log, the change in duty status can be “flagged” by drawing a line to the “Remarks” area of the log and indicating the location and length of time spent there. As with other changes in duty status, the activity performed during the stop (i.e., “fueling”) does NOT have to be noted on the log unless the motor carrier requires it under company policy.
The following table examines several common situations that have caused confusion as to whether a driver of a commercial motor vehicle (CMV) is on or off duty.
Situation/Topic | On or Off Duty? |
Paid time | Paid time may or may not be on duty. Given the conditions necessary to be “off duty,” drivers can be relieved of duty while still being paid and log the time “off duty.” The fact that the driver’s pay records will not match the log is acceptable. If a driver is performing any work or is under any obligation to the employer (i.e., is doing anything considered “on duty”), then the time must be recorded as on-duty time. |
Personal conveyance | Time spent driving a CMV to move the driver from place to place for personal reasons can be considered off-duty time in certain situations, if the driver has been relieved from work and all responsibility for performing work, is not overly fatigued, and complies with any company policies governing personal conveyance. Under the FMCSA’s official guidance for 395.8, the following are examples of activities that may be considered personal conveyance, even if the vehicle has cargo on board:
|
Meals, routine stops, and waiting time | Drivers can go “off duty” for their meals and other routine stops — or while waiting at a terminal, plant, port, or similar location — if the following conditions are met:
|
Safety meetings | Time spent attending safety meetings, ceremonies, celebrations, or other company-sponsored safety events can be recorded as off-duty time if attendance is voluntary. Mandatory meetings are always “on duty.” |
Being “on call” | If a driver is free from obligations to the employer and can use that time to get rest, the time may be recorded as off-duty time even if the driver is “on call” and must be available to receive a call from the employer. However, a driver who is required repeatedly to respond to satellite or similar communications during an 8- or 10-hour off-duty period (i.e., required to access a communications system to read messages from the carrier, respond to messages (either verbally or electronically), or otherwise acknowledge them), is performing work and must record the time as on duty. “Repeatedly” means a pattern or series of interruptions that prevent a driver from getting sleep. |
Sitting in a parked vehicle | Time spent resting in a parked vehicle of any type can be logged “off duty” if the driver is relieved of duty and free to pursue activities of his or her own choosing. If the driver is required to remain in the vehicle or is otherwise under obligation to the employer, vehicle, passengers, or cargo, then he or she is “on duty.” |
Travel time | Time spent traveling at the direction of the motor carrier is normally considered “on duty.” However, if the driver is not driving or assuming any other responsibility to the carrier AND is given at least 8 consecutive hours off duty (for bus drivers) or 10 consecutive hours off duty (for truck drivers) upon arriving at the destination, then the entire travel period must be considered “off duty.” |
Motor carriers can choose to allow their drivers to use personal conveyance (PC) and can choose whether they want time or distance limits placed on PC usage.
The Federal Motor Carrier Safety Administration’s (FMCSA’s) guidelines for using PC are found in the agency’s official interpretations for 395.8, under Question 26.
Each PC scenario will be reviewed by enforcement officials based on at least these primary points:
What’s allowed?
What’s not allowed?
The use of personal conveyance (PC) can affect, or be affected by, other aspects of operating a commercial motor vehicle (CMV). Motor carriers and drivers should be aware of the following:
The federal hours-of-service (HOS) rules distinguish between commercial motor vehicles (CMVs) that carry property and those that carry passengers, and there are different rules for each.
How is the type of vehicle determined?
First, decide if the vehicle falls into the “passengers” category. Is the vehicle designed or used to transport 9 or more passengers (including the driver) for compensation OR designed or used to transport 16 or more passengers (including the driver) and is not used to transport passengers for compensation? If so, then it’s a passenger-carrying vehicle even if it is never used to carry passengers.
If some seats are removed, whether temporarily or permanently, the number of passengers the vehicle was originally designed to carry has not changed. If, however, all the seats from a passenger-carrying vehicle are removed and the vehicle is converted into a cargo vehicle, then it is regulated as a property-carrying vehicle.
If it’s not a passenger-carrying vehicle, then it is automatically a property-carrying vehicle, even if it is never used to transport property, cargo, or freight. The vehicle itself can be the “property” that is being transported.
For drivers operating passenger-carrying vehicles in a “driveaway-towaway” capacity — such as driving an empty bus from a manufacturer to a dealer or dealer to buyer — the rules for property-carrying vehicles apply.
What if both types of CMVs are operated?
Regardless of whether a driver operates property- or passenger-carrying vehicles, the driver must always follow the HOS rules that apply to the vehicle driven at any given time, and the driver will need enough rest to meet the off-duty requirements needed for the next vehicle to be driven. For example, if the driver will be driving a bus today and a truck tomorrow, the driver will need 8 hours off duty before driving today and 10 hours off before driving tomorrow.
All states have their own hours-of-service (HOS) regulations for intrastate (in-state only) operations. Those regulations may be identical to federal Part 395 standards or may differ in significant ways. For that reason, it’s vital to understand which rules apply (state or federal) and then to know and comply with those rules.
Drivers who normally follow their state’s rules but intermittently (or even just one time) need to cross state lines or otherwise engage in interstate commerce are required to be in full compliance with federal rules for the duration of the interstate trip and for the following week. This requirement is often referred to as the “14/15-day rule.”
Interstate vs. intrastate commerce
The federal HOS rules apply to commercial vehicles engaged in interstate commerce. “Interstate commerce” means trade, traffic, or transportation in the United States that goes:
All other commerce would be defined as “intrastate commerce,” commerce which remains entirely within a single state.
Whether commerce is interstate or intrastate in nature is often a complicated matter involving several factors. According to the Federal Motor Carrier Safety Administration, one must look at “the essential character of the movement, manifested by the shipper’s fixed and persistent intent at the time of shipment.” If the intent of the transportation being performed is interstate in nature, even when the route is within the boundaries of a single state, the driver is subject to the federal HOS limits.
Even if a vehicle is empty, if it is being transported across state lines (such as for maintenance), the transportation is considered interstate commerce. However, if a vehicle is driven across state lines for private, personal transportation, the driver would not be engaged in interstate commerce.
If engaged exclusively in intrastate commerce, the driver may be subject to the federal rules if the state has adopted those rules. Refer to the state-specific information for more details.
The 14/15-day rule affects drivers who usually operate within the borders of a state but sometimes need to cross state lines or otherwise perform transportation that is regulated as “interstate commerce.”
Intrastate (in-state only) drivers who operate in interstate commerce must follow the federal hours-of-service (HOS) rules (Part 395) before, during, and after each interstate trip. Specifically, the Federal Motor Carrier Safety Administration (FMCSA) has established a so-called “14/15-day rule” designed to "keep driver fatigue within manageable bounds."
Before the trip
Seven days before beginning a trip in interstate commerce in a commercial motor vehicle (CMV), the driver must begin preparing records of duty status (logs), unless the driver is exempt from logging under a short-haul exception in 395.1(e).
On the day the interstate trip is to begin, logs for the previous seven consecutive days must be in the driver’s possession, as required by 395.8(k)(2) (unless a short-haul exception is used). This is required even if the driver operated only in intrastate commerce during that seven-day period.
During the seven-day period prior to the interstate trip, the driver may follow state hours-of-service (HOS) limits concerning driving and on-duty time, rather than federal rules. Before the interstate trip begins, however, the driver must have the appropriate amount of off-duty time (8 consecutive hours for a property-carrying vehicle or 10 consecutive hours for a passenger-carrying vehicle) as required under 395.3 or 395.5, respectively, and must follow the 60- or 70-hour limits specified in those sections.
During the trip
During the interstate trip, the driver would be subject to roadside enforcement of the federal HOS rules. The driver would not be allowed to follow alternative state-specific HOS rules for any part of the trip.
FMCSA investigators will cite drivers for violations of the 11- or 14-hour rules (for property-carrying vehicles), the 10- or 15-hour rules (for passenger-carrying vehicles), or the 60- or 70-hour rules that are committed while on the interstate trip.
After the trip
Any driver who begins a trip in interstate commerce must continue to meet the requirements of Part 395 through the end of that day and the next seven to eight consecutive days, depending on which rule the motor carrier operates under (i.e., the 60- or 70-hour limits).
The driver must continue to comply with the requirements of Part 395 even if operating exclusively in intrastate commerce for the remainder of the 60/70-hour period (i.e., 7/8-day schedule) at the end of the interstate trip. Note that the 14/15-day policy was enacted before property-carrying drivers could get a 34-hour “restart,” so the policy does NOT say that getting a restart will eliminate the need to continue complying with federal rules for the 7/8-day period after returning to intrastate operations. Note: The 34-hour “restart” rule does not apply to passenger-carrying CMVs.
FMCSA investigators will cite drivers for violations of the federal rules that are committed during the seven or eight days after completing the interstate trip.
The 14/15-day rule affects drivers who usually operate within the borders of a state but sometimes need to cross state lines or otherwise perform transportation that is regulated as “interstate commerce.”
Intrastate (in-state only) drivers who operate in interstate commerce must follow the federal hours-of-service (HOS) rules (Part 395) before, during, and after each interstate trip. Specifically, the Federal Motor Carrier Safety Administration (FMCSA) has established a so-called “14/15-day rule” designed to "keep driver fatigue within manageable bounds."
Before the trip
Seven days before beginning a trip in interstate commerce in a commercial motor vehicle (CMV), the driver must begin preparing records of duty status (logs), unless the driver is exempt from logging under a short-haul exception in 395.1(e).
On the day the interstate trip is to begin, logs for the previous seven consecutive days must be in the driver’s possession, as required by 395.8(k)(2) (unless a short-haul exception is used). This is required even if the driver operated only in intrastate commerce during that seven-day period.
During the seven-day period prior to the interstate trip, the driver may follow state hours-of-service (HOS) limits concerning driving and on-duty time, rather than federal rules. Before the interstate trip begins, however, the driver must have the appropriate amount of off-duty time (8 consecutive hours for a property-carrying vehicle or 10 consecutive hours for a passenger-carrying vehicle) as required under 395.3 or 395.5, respectively, and must follow the 60- or 70-hour limits specified in those sections.
During the trip
During the interstate trip, the driver would be subject to roadside enforcement of the federal HOS rules. The driver would not be allowed to follow alternative state-specific HOS rules for any part of the trip.
FMCSA investigators will cite drivers for violations of the 11- or 14-hour rules (for property-carrying vehicles), the 10- or 15-hour rules (for passenger-carrying vehicles), or the 60- or 70-hour rules that are committed while on the interstate trip.
After the trip
Any driver who begins a trip in interstate commerce must continue to meet the requirements of Part 395 through the end of that day and the next seven to eight consecutive days, depending on which rule the motor carrier operates under (i.e., the 60- or 70-hour limits).
The driver must continue to comply with the requirements of Part 395 even if operating exclusively in intrastate commerce for the remainder of the 60/70-hour period (i.e., 7/8-day schedule) at the end of the interstate trip. Note that the 14/15-day policy was enacted before property-carrying drivers could get a 34-hour “restart,” so the policy does NOT say that getting a restart will eliminate the need to continue complying with federal rules for the 7/8-day period after returning to intrastate operations. Note: The 34-hour “restart” rule does not apply to passenger-carrying CMVs.
FMCSA investigators will cite drivers for violations of the federal rules that are committed during the seven or eight days after completing the interstate trip.
Many people assume that smaller vehicles like pickup trucks are automatically exempt from the rules, especially when they are used by a private company, don’t have air brakes, don’t require a commercial driver’s license (CDL), and stay close to home. But many pickups, especially when used to pull a trailer, are regulated as commercial motor vehicles (CMVs) because they are used for a business and they exceed the 10,001-pound threshold.
Four-part test
Complete this four-part test to see if a pickup is a CMV:
If the answer to any of these questions is “yes,” then the pickup — if used in commerce — is a CMV and compliance with hours of service (HOS), and lots of other safety rules, is required, especially if the vehicle crosses state lines. If the pickup stays within a single state, then it may be exempt in that state.
What if the trailer is unhooked and the answer to all four questions is “no”? Then the truck by itself is not a CMV under federal rules and the driver is exempt from HOS rules.
The following commercial motor vehicle (CMV) operations are entirely exempt from the Federal Motor Carrier Safety Regulations (FMCSRs), including the hours-of-service (HOS) rules:
Refer to 390.3 for these exemptions, as well as 390.5 for important definitions of many of the terms used above.
Declared emergencies
Drivers providing direct assistance during a government-declared emergency may be exempt from HOS and other safety regulations during the term of the emergency operation (but for no longer than 30 days, unless extended).
This exemption also covers the trip back to the driver’s terminal or other reporting location with the empty vehicle, but drivers who feel the need for immediate rest must be given at least 10 consecutive hours of rest before being required to return.
Upon return, the driver must be relieved of duty and must not drive again until back in compliance with the HOS limits.
Refer to regulation 390.23 for details, including 390.5 for important definitions.
In addition to the hours-of-service (HOS) exemptions provided by 390.3 and 390.23, there are some exemptions that apply only to the HOS requirements for drivers of certain vehicles, as described in 395.1. They are:
‘Local’ drivers are not exempt
Local or “short-haul” drivers are not exempt from HOS. Certain interstate drivers who operate locally and return home each day may be exempt from needing a log, but they are not exempt from the HOS rules nor most other safety regulations.
Drivers of utility service vehicles used in the repair, operation, or maintenance of utility infrastructure are exempt from the hours-of-service (HOS) regulations, including HOS limits, recordkeeping, and rest requirements.
The exemption is found in 395.1(n), with the definition found in 395.2:
A “utility service vehicle” is any commercial motor vehicle:
If a trip or portion of a trip in a commercial motor vehicle (CMV) supports the construction of new facilities or infrastructure, the driver is subject to the federal HOS regulations. In such cases, duty status changes must be recorded either on a log (electronic or paper as allowed by regulation) or on a time record if working under a short-haul exception, for the entire trip or the portion related to the creation of new utility infrastructure.
When using the utility-service-vehicle exemption, drivers must not operate a CMV while ill or fatigued, as prohibited by 392.3.
There is a broad exemption from many parts of the Federal Motor Carrier Safety Regulations for the operation of covered farm vehicles. A covered farm vehicle and its driver are exempt from:
The exemption is found in 390.39, with the definition found in 390.5:
Covered farm vehicle means a straight truck or articulated vehicle that is:
Refer to the following geographic restrictions based on the gross vehicle weight rating (GVWR), gross combination weight rating (GCWR), gross vehicle weight (GVW), or gross combination weight (GCW) of the vehicle:
A covered farm vehicle with a GVWR, GCWR, GVW, or GCW, whichever is greater, of: | May use the exemption: |
26,001 pounds or less | Anywhere in the United States |
More than 26,001 pounds | Anywhere in the state of registration or across state lines within 150 air miles of the farm or ranch with respect to which the vehicle is being operated |
The federal hours-of-service (HOS) requirements in Part 395 do not apply to drivers who transport the following products during planting and harvesting periods, as determined by each state:
Federal definitions (395.2)
Agricultural commodity: (1) Any agricultural commodity, non-processed food, feed, fiber, or livestock as defined in this section. (2) The term “any agricultural commodity” means horticultural products at risk of perishing, or degrading in quality, during transport, including plants, sod, flowers, shrubs, ornamentals, seedlings, live trees, and Christmas trees.
Farm supplies for agricultural purposes: Products directly related to the growing or harvesting of agricultural commodities during the planting and harvesting seasons within each state, and livestock feed at any time of the year. This can include fuel if the entire load of fuel is used for agricultural purposes.
Livestock: As defined in sec. 602 of the Emergency Livestock Feed Assistance Act of 1988 [7 U.S.C. 1471], and as amended, insects, and all other living animals cultivated, grown, or raised for commercial purposes, including aquatic animals.
Non-processed food: Food commodities in a raw or natural state not subjected to significant post-harvest changes to enhance shelf life, such as canning, jarring, freezing, or drying.
The term “non-processed food” includes fresh fruits and vegetables, and cereal and oilseed crops which have been minimally processed by cleaning, cooling, trimming, cutting, chopping, shucking, bagging, or packaging to facilitate transport by commercial motor vehicle.
Key points
There is a broad exemption from many parts of the Federal Motor Carrier Safety Regulations for the operation of a “pipeline welding truck.” (390.38)
Definition of “pipeline welding truck”: A pick-up style motor vehicle that:
The operator of a pipeline welding truck, including the driver and employer, are exempt from:
Railroad signal employees who operate commercial motor vehicles (CMVs) and are engaged in installing, repairing, or maintaining signal systems are exempt from the federal hours-of-service (HOS) rules in Part 395. The exemption applies only while the railroad signal employee is employed by a railroad carrier — or is a contractor or subcontractor to a railroad carrier — and is regulated by the Federal Railroad Administration. (395.1(r))
Federal definition
A “signal employee” means an individual who is engaged in installing, repairing, or maintaining signal systems. (49 U.S.C. 21101(4)).
There is a persistent myth that commercial motor vehicle (CMV) drivers may exceed the hours-of-service limits to reach a “safe haven.” However, there is no such exception. The concept of a “safe haven” applies only to drivers transporting explosives and allows them to stop attending to their cargo when parked in a secure area.
Attendance
A motor vehicle which contains explosive material must be attended at all times by its driver or a qualified representative of the motor carrier that operates it. (397.5(a)). This rule, however, does not apply if:
A “safe haven” is defined as “an area specifically approved in writing by local, State, or Federal governmental authorities for the parking of unattended vehicles containing [explosive] materials.” (397.5(d)(3)).
As can be seen from the regulatory language, the concept of a “safe haven” applies only when drivers operating vehicles containing explosive materials are eligible to be off duty.
For all other drivers, there is no exception that says they can exceed the hours-of-service (HOS) limits to reach a safe haven. In fact, the HOS rules make no mention of safe havens.
The only exception that allows a driver to reach a parking location when out of hours is the “personal conveyance” provision. This applies when a driver must leave a customer location after loading or unloading caused the driver to run out of hours. A driver in that situation may drive in an off-duty status (personal conveyance) to the nearest safe location to obtain required rest. See: Personal conveyance.
Drivers of utility service vehicles used in the repair, operation, or maintenance of utility infrastructure are exempt from the hours-of-service (HOS) regulations, including HOS limits, recordkeeping, and rest requirements.
The exemption is found in 395.1(n), with the definition found in 395.2:
A “utility service vehicle” is any commercial motor vehicle:
If a trip or portion of a trip in a commercial motor vehicle (CMV) supports the construction of new facilities or infrastructure, the driver is subject to the federal HOS regulations. In such cases, duty status changes must be recorded either on a log (electronic or paper as allowed by regulation) or on a time record if working under a short-haul exception, for the entire trip or the portion related to the creation of new utility infrastructure.
When using the utility-service-vehicle exemption, drivers must not operate a CMV while ill or fatigued, as prohibited by 392.3.
There is a broad exemption from many parts of the Federal Motor Carrier Safety Regulations for the operation of covered farm vehicles. A covered farm vehicle and its driver are exempt from:
The exemption is found in 390.39, with the definition found in 390.5:
Covered farm vehicle means a straight truck or articulated vehicle that is:
Refer to the following geographic restrictions based on the gross vehicle weight rating (GVWR), gross combination weight rating (GCWR), gross vehicle weight (GVW), or gross combination weight (GCW) of the vehicle:
A covered farm vehicle with a GVWR, GCWR, GVW, or GCW, whichever is greater, of: | May use the exemption: |
26,001 pounds or less | Anywhere in the United States |
More than 26,001 pounds | Anywhere in the state of registration or across state lines within 150 air miles of the farm or ranch with respect to which the vehicle is being operated |
The federal hours-of-service (HOS) requirements in Part 395 do not apply to drivers who transport the following products during planting and harvesting periods, as determined by each state:
Federal definitions (395.2)
Agricultural commodity: (1) Any agricultural commodity, non-processed food, feed, fiber, or livestock as defined in this section. (2) The term “any agricultural commodity” means horticultural products at risk of perishing, or degrading in quality, during transport, including plants, sod, flowers, shrubs, ornamentals, seedlings, live trees, and Christmas trees.
Farm supplies for agricultural purposes: Products directly related to the growing or harvesting of agricultural commodities during the planting and harvesting seasons within each state, and livestock feed at any time of the year. This can include fuel if the entire load of fuel is used for agricultural purposes.
Livestock: As defined in sec. 602 of the Emergency Livestock Feed Assistance Act of 1988 [7 U.S.C. 1471], and as amended, insects, and all other living animals cultivated, grown, or raised for commercial purposes, including aquatic animals.
Non-processed food: Food commodities in a raw or natural state not subjected to significant post-harvest changes to enhance shelf life, such as canning, jarring, freezing, or drying.
The term “non-processed food” includes fresh fruits and vegetables, and cereal and oilseed crops which have been minimally processed by cleaning, cooling, trimming, cutting, chopping, shucking, bagging, or packaging to facilitate transport by commercial motor vehicle.
Key points
There is a broad exemption from many parts of the Federal Motor Carrier Safety Regulations for the operation of a “pipeline welding truck.” (390.38)
Definition of “pipeline welding truck”: A pick-up style motor vehicle that:
The operator of a pipeline welding truck, including the driver and employer, are exempt from:
Railroad signal employees who operate commercial motor vehicles (CMVs) and are engaged in installing, repairing, or maintaining signal systems are exempt from the federal hours-of-service (HOS) rules in Part 395. The exemption applies only while the railroad signal employee is employed by a railroad carrier — or is a contractor or subcontractor to a railroad carrier — and is regulated by the Federal Railroad Administration. (395.1(r))
Federal definition
A “signal employee” means an individual who is engaged in installing, repairing, or maintaining signal systems. (49 U.S.C. 21101(4)).
There is a persistent myth that commercial motor vehicle (CMV) drivers may exceed the hours-of-service limits to reach a “safe haven.” However, there is no such exception. The concept of a “safe haven” applies only to drivers transporting explosives and allows them to stop attending to their cargo when parked in a secure area.
Attendance
A motor vehicle which contains explosive material must be attended at all times by its driver or a qualified representative of the motor carrier that operates it. (397.5(a)). This rule, however, does not apply if:
A “safe haven” is defined as “an area specifically approved in writing by local, State, or Federal governmental authorities for the parking of unattended vehicles containing [explosive] materials.” (397.5(d)(3)).
As can be seen from the regulatory language, the concept of a “safe haven” applies only when drivers operating vehicles containing explosive materials are eligible to be off duty.
For all other drivers, there is no exception that says they can exceed the hours-of-service (HOS) limits to reach a safe haven. In fact, the HOS rules make no mention of safe havens.
The only exception that allows a driver to reach a parking location when out of hours is the “personal conveyance” provision. This applies when a driver must leave a customer location after loading or unloading caused the driver to run out of hours. A driver in that situation may drive in an off-duty status (personal conveyance) to the nearest safe location to obtain required rest. See: Personal conveyance.
Federal regulations prohibit motor carriers, shippers, receivers, brokers, and others from pressuring or “coercing” drivers into violating hours-of-service (HOS) regulations (or any other safety regulation). In basic terms, coercion occurs when a driver is threatened with loss of pay, employment, or job opportunities for refusing to violate the safety rules. Drivers who make clear that they will violate the rules if they drive but are nevertheless pressured into driving may file a complaint with the Federal Motor Carrier Safety Administration (FMCSA) within 90 days using the procedures referenced in 390.6.
Drivers may also file a complaint within 90 days if they are “harassed” by a motor carrier using data from the driver’s electronic logging device (ELD). Harassment occurs when a carrier uses ELD data in a way that the carrier knew, or should have known, would result in the driver violating an HOS rule or the prohibition on driving while ill or fatigued. For example, a dispatcher might review incoming ELD data and see that a driver has 30 minutes left in which to drive, but the driver has stopped driving due to fatigue. If the dispatcher forces the driver to get back behind the wheel to use his 30 available minutes, the driver could report that as harassment. See 390.36. The procedures for filing a complaint of harassment are found in 386.12(b).
Coercion
If a driver is forced or coerced into violating the HOS rules or driving while ill or fatigued, a formal complaint can be filed. Shippers, receivers, brokers, motor carriers, dispatchers, and others involved in the transportation chain are prohibited from “coercing” drivers. Two conditions must be met before a driver can claim coercion:
Note that the driver doesn’t have to violate the rules to be coerced — being threatened is enough, if both conditions are met.
Filing a coercion complaint
If a driver wants the FMCSA to investigate an instance of coercion, a written complaint must be filed within 90 days. The driver will not be able to remain anonymous during the investigation.
A driver can file a complaint online at http://nccdb.fmcsa.dot.gov or by calling (800) DOT-SAFT. The driver will have to provide a name, address, signature, and telephone number, the name and address of the alleged coercer, the rule(s) that the driver was pressured to violate, and a short statement of the facts. (386.12(c)(1)).
If a valid complaint is filed, the FMCSA will investigate it and notify the driver of the results. (386.12(c)(2)).
Protection of complainants — The FMCSA must take every practical means within its authority to ensure that the driver is not subject to coercion, harassment, intimidation, disciplinary action, discrimination, or financial loss as a result of the complaint. This will include notification that 49 U.S.C. 31105 includes broad employee protections and that retaliation for filing a coercion complaint may subject the alleged coercer to enforcement action by the Occupational Safety and Health Administration. (386.12(c)(3)).
Drivers or carriers who violate the hours-of-service (HOS) rules face serious penalties:
CSA and hours of service
Under the FMCSA’s CSA enforcement program, HOS violations are closely monitored and used to grade carrier and driver performance. Those drivers with the worst performance (when compared to their peers) are targeted for enforcement actions.
Under CSA, HOS violations fall under the HOS Compliance category, one of the seven “BASIC” categories on which drivers and motor carriers are judged. All HOS violations reported during roadside inspections (whether the driver was placed out of service or not and including written warnings) are entered into the CSA’s Safety Measurement System and used to generate the carrier’s and driver’s scores in the HOS Compliance BASIC.
Scores are weighted depending on the severity and age of the violation, how many inspections were conducted, and whether there was an out-of-service order. Violations continue to affect carriers’ scores for two years, and drivers’ scores for three years, and are updated monthly at the following website (note that CSA scores are currently hidden from public view but may be accessed by logging into the website): http://ai.fmcsa.dot.gov/.
Depending on how poorly a carrier is performing in relation to its peers on each BASIC, it may be open to an “intervention” from the FMCSA, including warning letters, fines, increased inspections, or worse, in an effort to get the carrier to improve its performance.
With the serious consequences that exist for HOS violations, coupled with the scrutiny of CSA, it is more important than ever to know and understand the regulations so that compliance is not a matter of guesswork.
To comply with the hours-of-service (HOS) regulations, knowledge of the difference between being “on duty” and being “off duty” is necessary. The distinction is much more complex than just “working vs. not working.”
The basic definition of on-duty time includes “...all time from the time a driver begins to work or is required to be in readiness to work until the time the driver is relieved from work and all responsibility for performing work.” The definition of on-duty time includes:
What is off-duty time?
Off-duty time is not defined in the regulations, but it is essentially any time that is not spent on duty or in a sleeper berth. When a driver is free from obligation to the employer, the vehicle, and its cargo and is free to pursue activities of his or her own choosing, it is generally off-duty time.
Is a driver considered off duty when driving to a “safe haven”?
No. The concept of a “safe haven” applies only to drivers operating vehicles containing explosive materials and affects when those drivers are eligible to be off duty (see 397.5). For all other drivers, there is no exception that says they can exceed the HOS limits to reach a safe haven. In fact, the HOS rules make no mention of safe havens.
What about fueling time?
Fueling is considered on-duty time because it involves the “servicing or conditioning” of a CMV. A driver who pulls into a fuel island and exits the vehicle to pump fuel has gone from “driving” to “on duty/not driving,” so that change in duty status must be recorded on the log along with the location. This is true even if the fueling takes less than 15 minutes, and even if done on a driver’s day off (because the fuel will be used for a business purpose).
If the fueling activity takes less than 15 minutes and the driver is using a paper log, the change in duty status can be “flagged” by drawing a line to the “Remarks” area of the log and indicating the location and length of time spent there. As with other changes in duty status, the activity performed during the stop (i.e., “fueling”) does NOT have to be noted on the log unless the motor carrier requires it under company policy.
The following table examines several common situations that have caused confusion as to whether a driver of a commercial motor vehicle (CMV) is on or off duty.
Situation/Topic | On or Off Duty? |
Paid time | Paid time may or may not be on duty. Given the conditions necessary to be “off duty,” drivers can be relieved of duty while still being paid and log the time “off duty.” The fact that the driver’s pay records will not match the log is acceptable. If a driver is performing any work or is under any obligation to the employer (i.e., is doing anything considered “on duty”), then the time must be recorded as on-duty time. |
Personal conveyance | Time spent driving a CMV to move the driver from place to place for personal reasons can be considered off-duty time in certain situations, if the driver has been relieved from work and all responsibility for performing work, is not overly fatigued, and complies with any company policies governing personal conveyance. Under the FMCSA’s official guidance for 395.8, the following are examples of activities that may be considered personal conveyance, even if the vehicle has cargo on board:
|
Meals, routine stops, and waiting time | Drivers can go “off duty” for their meals and other routine stops — or while waiting at a terminal, plant, port, or similar location — if the following conditions are met:
|
Safety meetings | Time spent attending safety meetings, ceremonies, celebrations, or other company-sponsored safety events can be recorded as off-duty time if attendance is voluntary. Mandatory meetings are always “on duty.” |
Being “on call” | If a driver is free from obligations to the employer and can use that time to get rest, the time may be recorded as off-duty time even if the driver is “on call” and must be available to receive a call from the employer. However, a driver who is required repeatedly to respond to satellite or similar communications during an 8- or 10-hour off-duty period (i.e., required to access a communications system to read messages from the carrier, respond to messages (either verbally or electronically), or otherwise acknowledge them), is performing work and must record the time as on duty. “Repeatedly” means a pattern or series of interruptions that prevent a driver from getting sleep. |
Sitting in a parked vehicle | Time spent resting in a parked vehicle of any type can be logged “off duty” if the driver is relieved of duty and free to pursue activities of his or her own choosing. If the driver is required to remain in the vehicle or is otherwise under obligation to the employer, vehicle, passengers, or cargo, then he or she is “on duty.” |
Travel time | Time spent traveling at the direction of the motor carrier is normally considered “on duty.” However, if the driver is not driving or assuming any other responsibility to the carrier AND is given at least 8 consecutive hours off duty (for bus drivers) or 10 consecutive hours off duty (for truck drivers) upon arriving at the destination, then the entire travel period must be considered “off duty.” |
The following table examines several common situations that have caused confusion as to whether a driver of a commercial motor vehicle (CMV) is on or off duty.
Situation/Topic | On or Off Duty? |
Paid time | Paid time may or may not be on duty. Given the conditions necessary to be “off duty,” drivers can be relieved of duty while still being paid and log the time “off duty.” The fact that the driver’s pay records will not match the log is acceptable. If a driver is performing any work or is under any obligation to the employer (i.e., is doing anything considered “on duty”), then the time must be recorded as on-duty time. |
Personal conveyance | Time spent driving a CMV to move the driver from place to place for personal reasons can be considered off-duty time in certain situations, if the driver has been relieved from work and all responsibility for performing work, is not overly fatigued, and complies with any company policies governing personal conveyance. Under the FMCSA’s official guidance for 395.8, the following are examples of activities that may be considered personal conveyance, even if the vehicle has cargo on board:
|
Meals, routine stops, and waiting time | Drivers can go “off duty” for their meals and other routine stops — or while waiting at a terminal, plant, port, or similar location — if the following conditions are met:
|
Safety meetings | Time spent attending safety meetings, ceremonies, celebrations, or other company-sponsored safety events can be recorded as off-duty time if attendance is voluntary. Mandatory meetings are always “on duty.” |
Being “on call” | If a driver is free from obligations to the employer and can use that time to get rest, the time may be recorded as off-duty time even if the driver is “on call” and must be available to receive a call from the employer. However, a driver who is required repeatedly to respond to satellite or similar communications during an 8- or 10-hour off-duty period (i.e., required to access a communications system to read messages from the carrier, respond to messages (either verbally or electronically), or otherwise acknowledge them), is performing work and must record the time as on duty. “Repeatedly” means a pattern or series of interruptions that prevent a driver from getting sleep. |
Sitting in a parked vehicle | Time spent resting in a parked vehicle of any type can be logged “off duty” if the driver is relieved of duty and free to pursue activities of his or her own choosing. If the driver is required to remain in the vehicle or is otherwise under obligation to the employer, vehicle, passengers, or cargo, then he or she is “on duty.” |
Travel time | Time spent traveling at the direction of the motor carrier is normally considered “on duty.” However, if the driver is not driving or assuming any other responsibility to the carrier AND is given at least 8 consecutive hours off duty (for bus drivers) or 10 consecutive hours off duty (for truck drivers) upon arriving at the destination, then the entire travel period must be considered “off duty.” |
Motor carriers can choose to allow their drivers to use personal conveyance (PC) and can choose whether they want time or distance limits placed on PC usage.
The Federal Motor Carrier Safety Administration’s (FMCSA’s) guidelines for using PC are found in the agency’s official interpretations for 395.8, under Question 26.
Each PC scenario will be reviewed by enforcement officials based on at least these primary points:
What’s allowed?
What’s not allowed?
The use of personal conveyance (PC) can affect, or be affected by, other aspects of operating a commercial motor vehicle (CMV). Motor carriers and drivers should be aware of the following:
The use of personal conveyance (PC) can affect, or be affected by, other aspects of operating a commercial motor vehicle (CMV). Motor carriers and drivers should be aware of the following: