What’s the difference between a passenger-carrying CMV and a property-carrying CMV?

• If a CMV is designed or used to transport 9 or more passengers (including the driver) for compensation or designed or used to transport 16 or more passenger (including the driver), then it is considered a passenger-carrying vehicle even if never used to carry passengers.
• If a CMV is not a passenger-carrying vehicle, then it is a property-carrying vehicle even if never used to transport property.
• The driver must always follow the HOS rules for the type of vehicle operated at any given time, whether passenger- or property-carrying.

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.

State vs federal HOS rules

• While some states have intrastate HOS regulations that differ from the federal interstate standards, many have regulations that are identical to the federal standards.
• If the intent of the transportation being performed is interstate in nature (such as driving a vehicle across state lines for maintenance), then the transportation is considered interstate commerce subject to the federal HOS limits, even if the vehicle is empty.
• If a vehicle is driven across state lines for private, personal transportation then the driver would not be engaged in interstate commerce and the federal HOS limits would not apply.

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:

• Across state lines (or to another country),
• Between two places in a state through another state (or a place outside of the U.S.), or
• Between two places within a state as part of trade, traffic, or transportation originating or terminating outside the state or the U.S.

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.

Are pickup trucks regulated as CMVs?

• Under federal rules, pickup trucks are regulated as CMVs if their weight or rating, with or without a trailer, is 10,001 pounds or more or the pickup transports enough hazardous materials to need a placard.

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:

1. Look at the manufacturer’s rating plate. Is the gross vehicle weight rating (GVWR) 10,001 pounds or more?
2. Next look at the GVWR of the trailer(s) pulled with that truck, if any, and add that to the GVWR of the truck. Does it add up to 10,001 pounds or more?
3. When the vehicle (truck and trailer) is fully loaded with fuel and cargo and/or people and is driven over a scale, does it weigh 10,001 pounds or more?
4. Does the pickup ever transport enough hazardous materials that it needs a placard?

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.

FMCSR exemptions

• Certain CMV operations, such as school buses, transportation performed by the government, transport of the sick and injured, and fire and rescue vehicles are exempt from the FMCSRs, including the HOS rules.
• Drivers providing direct emergency relief assistance during a government-declared emergency may be exempted from HOS and other safety regulations for up to 30 days.

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:

• All school bus operations (between home and school), as defined in 390.5;
• Transportation performed by the federal government or a state or local government;
• The occasional transportation of personal property by individuals when there is no compensation involved and the transportation is not business-related;
• The transportation of human corpses or sick and injured persons;
• The operation of fire trucks and rescue vehicles while involved in emergency and related operations; and
• Drivers of vehicles used to respond to a pipeline emergency or used primarily to transport propane winter heating fuel, but only if the regulations prevent the driver from responding to an emergency requiring immediate response.

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.

Hours-of-service exemptions

• Exemptions from the HOS requirements apply to drivers of utility service vehicles, covered farm vehicles, pipeline welding trucks, certain railroad signal employees, and certain drivers of agricultural commodities or farm supplies.

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:

• Drivers of “utility service vehicles” as defined in 395.2;
• Drivers of “covered farm vehicles” as defined in 390.5 (these drivers are exempt from several parts of the Federal Motor Carrier Safety Regulations (FMCSRs));
• Drivers of “pipeline welding trucks” as defined in 390.38 (these drivers are exempt from several parts of the FMCSRs);
• Certain railroad signal employees; and
• Certain drivers transporting agricultural commodities or farm supplies within a 150-air-mile radius.

‘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.

Coercion and harassment

• If a driver is forced or coerced by a motor carrier, shipper, receiver, broker, dispatcher, or others into violating the HOS rules, driving ill or fatigued, or violating any other safety regulation, a formal complaint can be filed with the FMCSA.
• Drivers may also file a complaint if they are “harassed” by a motor carrier using data from the driver’s ELD.
• A driver alleging coercion must suffer financial damage, such as job loss, denial of trips, reduced pay, or unfavorable work hours, and must make the alleged coercer aware that continued driving would violate the safety rules.

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:

• The driver must be threatened with financial damage, such as job loss, denial of trips, reduced pay, or unfavorable work hours. Merely being asked to make a trip that would violate the rules is not, by itself, coercion. For example, if time runs out at a receiver’s dock and the driver is asked to leave the property, that’s not coercion.
• The driver must make the alleged coercer aware that driving would violate the safety rules. The driver does not have to cite a specific section of the rules, but does have to generally identify the rule(s) that would be broken by driving. For example, the driver might say, “I can’t make that delivery without going over my 11-hour driving limit.”

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)).

Penalties for non-compliance

• Drivers and carriers who violate the HOS rules may be placed out of service, assessed fines, suffer civil penalties from FMCSA, face a downgrading of the carrier’s safety rating, levied federal criminal penalties for knowing or willful violations, and have CSA enforcement program scores adversely affected.
• Under the CSA enforcement program, HOS violations fall under the HOS Compliance category, one of the seven “BASIC” categories on which drivers and motor carriers are judged and scored.
• CSA scores are weighted, and HOS violations can affect carriers’ scores for two years and drivers’ scores for three years.

Drivers or carriers who violate the hours-of-service (HOS) rules face serious penalties:

• Drivers may be placed out of service (shut down) at roadside until the driver has accumulated enough off-duty time to be back in compliance or is using the proper type of logging device.
• State and local enforcement officials may assess fines.
• Violations appearing on a roadside inspection report or found during an investigation can affect a driver’s or carrier’s scores in the Compliance, Safety, Accountability (CSA) enforcement program.
• The Federal Motor Carrier Safety Administration (FMCSA) may levy civil penalties on the driver or carrier, ranging from $1,300 to $15,000 per violation depending on the severity. Exceeding the driving limit by more than three hours is considered an “egregious” violation that can result in maximum penalties for the driver and/or carrier.
• If there is a pattern of violations, the carrier’s safety rating could be downgraded.
• Federal criminal penalties can be brought against carriers who knowingly and willfully allow or require HOS violations.

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.

What is on-duty and off-duty time?

• “On-duty” time for the purpose of determining HOS begins when the driver of a CMV starts work or is required to be ready to work until the driver is relieved of work and all responsibility to perform work.
• “Off-duty” time is essentially any time that is not spent on duty or in a sleeper berth.

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:

• All time at a plant, terminal, facility, or other property of a carrier or shipper, or on any public property, waiting to be dispatched, unless the driver has been relieved from duty by the motor carrier;
• All time inspecting, servicing, or conditioning any commercial motor vehicle (CMV) at any time;
• All CMV driving time;
• All time in or on a CMV except:
  • Time spent resting in a sleeper berth;
  • Time resting in or on a parked vehicle, unless the vehicle contains hazardous materials that must be attended under 397.5; or
  • Up to three hours spent riding in the passenger seat of a property-carrying vehicle moving on the highway immediately before or after a period of at least seven consecutive hours in the sleeper berth;
• All time loading or unloading a CMV, supervising, or assisting in the loading or unloading, attending a vehicle being loaded or unloaded, remaining in readiness to operate the vehicle, or in giving or receiving receipts for shipments loaded or unloaded;
• All time repairing, obtaining assistance, or remaining in attendance upon a disabled CMV;
• All time spent providing a breath sample or urine specimen, including travel time to and from the collection site, in order to comply with drug or alcohol testing requirements;
• Performing any other work in the capacity of, or in the employ or service of a motor carrier; and
• Performing any compensated work for any person who is not a motor carrier.

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.

Personal conveyance

• “Personal conveyance” (PC) is the use of a CMV in an off-duty status for the personal transportation of the driver.
• Time spent driving a CMV to move the driver from place to place can be considered off-duty time if the driver has been relieved from work and all responsibility for performing work, if the movement does not benefit the carrier in any way, the driver is not ill or overly fatigued to drive safely, and the driver complies with any company policies governing PC.

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:

• Is the driver ill or fatigued? A driver may not use a commercial motor vehicle (CMV) for personal conveyance while too ill or fatigued to drive safely.
• Is the driver off-duty? A driver may not use a CMV for PC unless released from duty and free to pursue personal activities.
• Is the move purely personal with no benefit to the business? A driver may not use a CMV for PC if the movement is benefitting a commercial entity in any way.

What’s allowed?

• Traveling from a driver’s lodging to and from a restaurant or entertainment facility;
• Commuting between the driver’s residence and a terminal, drop lot or work site, if the driver rests enough to prevent fatigue;
• Traveling to the first available location that is “nearby, reasonable, [and] safe,” to get the required 8 or 10 hours of rest after loading or unloading;
• Moving the CMV at the request of a safety official during off-duty time;
• Transporting personal property while off duty; and
• Traveling home after working at a temporary off-site job location (other than a carrier’s terminal or a shipper’s or receiver’s facility), such as a construction or utility work site, if authorized by the carrier.

What’s not allowed?

• Moving a CMV “to enhance the operational readiness of a motor carrier.” For example, skipping a nearby rest area to get closer to the next loading or unloading point or other scheduled work destination.
• Returning to the point of origin (whether in a CMV or non-CMV) under the direction of the motor carrier to pick up another trailer.
• Continuing a CMV trip in interstate commerce to fulfill a business purpose, including bobtailing or operating with an empty trailer to retrieve another load, or repositioning a CMV (tractor or trailer) at the direction of the motor carrier.
• Driving a passenger-carrying CMV while passenger(s) are on board, except for off-duty drivers who are traveling to a common destination of their own choice.
• Transporting a CMV to a facility for maintenance.
• Driving somewhere to get required rest after being placed out of service for exceeding the hours-of-service limits, unless directed by an enforcement officer at the scene.
• Traveling to a motor carrier’s terminal from a shipper or receiver after loading or unloading.
• Driving a motorcoach when luggage is stowed, the passengers have disembarked, and the driver has been directed to deliver the luggage.

10-hour break requirement

• Property-carrying CMV drivers must have at least 10 consecutive hours off duty, in a sleeper berth, or a combination of off-duty/sleeper-berth time to be eligible to drive 11 hours in the next 14-hour period.
• Spending 10 non-consecutive hours of rest in two separate periods, with driving or other on-duty time in between, can meet the 10-hour rest requirement but does not provide the driver with the eligibility to drive a full 11 hours in a 14-hour period.

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:

1. Spending 10 consecutive hours off duty (any time that is not “on duty,” “driving,” or in a sleeper berth).
2. Spending 10 consecutive hours in a sleeper berth.
3. Spending 10 consecutive hours using any combination of off-duty and sleeper-berth time.
4. Spending 10 non-consecutive hours of rest in two separate periods, with driving or other on-duty time in between. One of the two periods must be at least seven consecutive hours in a sleeper berth and the other must be at least two hours off duty and/or in a sleeper berth, and the two periods must add up to at least 10 hours. Using this option does not provide the driver will a full 11- and 14-hour allowance after completing the 10 hours of rest. This option is referred to as the split-sleeper exception or split-break provision.

• See: Split-sleeper exception

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.

11-hour driving rule

• Following 10 hours of rest (off duty and/or in a sleeper berth), 11 hours of CMV driving time are allowed.
• After 11 hours behind the wheel, the driver must obtain at least another 10 hours of rest before driving a CMV again.
• A driver may continue to work after the 11-hour limit but may not drive a CMV.

Drivers who operate property-carrying commercial motor vehicles (CMVs) are limited to 11 hours of driving after having 10 hours off duty.

Federal definitions

• Driving: All time spent at the controls of a CMV in operation.
• On-duty time: 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. For a complete definition of what “on-duty time” includes, refer to “What is on-duty and off-duty time?”

Key points

• Following 10 hours of rest (off duty and/or in a sleeper berth), 11 hours of CMV driving time are allowed. After 11 hours behind the wheel, the driver must obtain at least another 10 hours of rest before driving a CMV again.
• A driver may continue to be on duty and work after the 11-hour limit but may not drive a CMV.
• The limit is not 11 hours per calendar day, but rather 11 hours after having 10 hours off. A driver may accumulate more than 11 hours of driving time in one 24-hour day.
• Driving time includes all time spent at the controls of a CMV in operation, so if the driver is stuck in traffic, that is considered “driving” even if the vehicle is not moving.
• Under certain conditions, a driver may operate a CMV for personal reasons (such as driving from a terminal to home or from a hotel to a restaurant) and count that driving time as off duty. For details, refer to the discussion of Personal Conveyance.
• Operating a non-CMV is considered on-duty time but not driving time. For example, if a motor carrier requires a CMV driver to drive a company car for a work assignment, that driving time should be recorded as on duty (not driving).

30-minute break from driving

• A break of at least 30 consecutive minutes after 8 cumulative hours of “driving” time is required for any driver of a property-carrying CMV.
• The 30-minute break from driving need not be spent resting but may be spent doing anything other than driving, including being off duty, in a sleeper berth, and/or performing on-duty activities.
• The 30-minute break requirement does not apply to drivers transporting livestock or bees, certain specialized loads, certain mobile cranes, or drivers using one of the 150-air-mile short-haul exceptions.

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:

• A 30-minute break will not stop the 14-hour clock.
• Total driving time is limited to 11 hours after 10 hours off, even with 30-minute breaks.
• Drivers are not required to enter any special log notes specifying when breaks from driving were taken, even if multiple 30-minute breaks were taken.
• Time spent driving a CMV for personal conveyance or for a “yard move” is not counted as “driving” time.

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:

• Drivers using one of the 150-air-mile short-haul exceptions in 395.1(e).
• Drivers transporting livestock (as defined in 395.2) or bees, due to concerns about the health of the animals. This exception does not apply when the livestock or bees are unloaded.
• Drivers of specialized loads moving in interstate commerce that exceed normal weight and dimensional limits and require a permit issued by a government authority. This exemption is in effect until June 17, 2025. Details may be found in the Federal Register notice issued on June 24, 2020.
• Drivers operating mobile cranes with a rated lifting capacity of greater than 30 tons. This exemption is currently in effect until November 1, 2023, but may be extended. Details may be found in the Federal Register notice issued on November 27, 2018, available upon request.

14-hour rule

• After 10 hours off duty, a driver of a property-carrying CMV can drive for 11 hours within the next 14 consecutive hours.
• The 14-hour rule only restricts driving; a driver may continue to perform non-driving duties after the 14th hour.

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:

• Example 1: Mary went on duty at 7 a.m. and started driving at 7:30 a.m. Mary drove for 5 hours, took 30 minutes off for lunch, and drove another 2 hours until 3 p.m. Mary then waited for an hour while the truck was unloaded, drove another three hours (until 7 p.m.), and took two hours off for supper and a nap. At this point, it’s 9 p.m., and though Mary still has 1 hour of driving time available before reaching the 11-hour limit, Mary must stop driving due to reaching the 14-hour limit.
• Example 2: Jim went on duty at 6 a.m. Wednesday and drove for six hours until noon. Jim then went into the sleeper berth for 10 hours until 10 p.m. By getting 10 hours off, Jim reset the 14-hour clock and thus can start driving again and can continue to drive for up to 11 hours within a new 14-hour window of time.

60/70-hour rule

• A driver of a property- or passenger-carrying CMV may not drive after having been on duty 60 hours in any 7 consecutive days or — for companies that operate CMVs 7 days per week — 70 hours in any 8 consecutive days.
• Drivers of property-carrying CMVs (but not passenger-carrying CMVs) may “reset” the 60/70-hour limit by getting a rest break of at least 34 consecutive hours off.
• 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.

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

• Which schedule should a carrier use?
  • A company that does NOT operate CMVs every day of the week must use the 60-hour/7-day schedule.
  • A company that operates at least one CMV every day of the week may use the 60-hour/7-day schedule or assign some or all its drivers to the 70-hour/8-day schedule.
  • The 70-hour/8-day rule is a permissive provision in that a motor carrier with vehicles operating every day of the week has the option — but is not required — to follow the 70-hour rule; the company can choose to use the 60-hour rule instead.
• How do the 60/70 hours limits work?
  • This rule is not based on a work week, e.g., Sunday through Saturday. Rather, it is based on a running total of 7 or 8 days, with “today” being the 7th or 8th day. The calculation changes as you move into each new day, i.e., the oldest day’s hours drop out of consideration as each new day’s hours are added.
  • Each 24-hour period of time that makes up a “day” is determined by the motor carrier, but it should remain consistent over time to allow for proper computations of hours of service. Normally, most carriers elect to run their 24-hour periods from midnight to midnight, while there are some who prefer a noon-to-noon schedule.
  • Drivers must keep a running total of their on-duty hours for today plus those from the past 6 or 7 consecutive days. Once the limit is reached, the driver must stop driving at least for the rest of the day.
  • Note that off-duty or sleeper-berth time does NOT count into the 60- or 70-hour total. The calculation is based only on driving and on-duty/not driving time.
• How does a driver determine the number of hours available on any given day?
  • At the end of any given workday, perform the following calculation (as applicable) to determine how many hours you’ll have available tomorrow (the 7th or 8th day) before hitting the 60- or 70-hour limit:
    • For the 60-hour rule: Add together the on-duty time from today plus the prior 5 consecutive days and subtract the total from 60.
    • For the 70-hour rule: Add together the on-duty time from today plus the prior 6 consecutive days and subtract the total from 70.
  • The remainder is how much time can be spent on duty tomorrow before the limit is reached and driving must stop for the day. If the remainder is zero, then there can be no CMV driving tomorrow.

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:

• Oilfield operations,
• Driver-salespeople,
• Drivers in Alaska,
• Ground water well drilling operations,
• Vehicles transporting construction materials and equipment, and
• Drivers/vehicles that are exempt from the hours-of-service rules, including utility service vehicles, agricultural operations, pipeline welding trucks, and railroad signal employees.

Alaska HOS: Property-carrying vehicles

• Special hours-of-service and sleeper-berth rules apply to drivers of property-carrying CMVs in the state of Alaska.
• A driver of a CMV in Alaska who encounters adverse driving conditions may complete the run and, thereafter, must be off duty for at least 10 consecutive hours before driving again.

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:

• At least 10 consecutive hours off duty;
• At least 10 consecutive hours of sleeper-berth time;
• A combination of consecutive sleeper-berth and off-duty time amounting to at least 10 hours;
• A combination of consecutive sleeper-berth time and up to 3 hours riding in the passenger seat of the vehicle while the vehicle is moving on a highway, either immediately before or after a period of at least 7, but less than 10, consecutive hours in the sleeper berth; or
• The equivalent of at least 10 consecutive hours off duty calculated under Alaska’s sleeper-berth rules found in 395.1(h)(1)(iii).

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)).

What’s the difference between a passenger-carrying CMV and a property-carrying CMV?

For a full discussion of this topic, click here.

State vs federal HOS rules

State and federal HOS rules apply to both property- and passenger-carrying vehicles. For a full discussion of this topic, click here.

FMCSR exemptions

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

“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

“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.”

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: “What is on-duty and off-duty time?”

Personal conveyance

The topic of “Personal conveyance” is applicable to both property- and passenger-carrying CMVs. For a full discussion of this topic, see: Personal conveyance.

8-hour break

• Drivers who operate passenger-carrying CMVs must have at least eight consecutive hours off duty and/or in a sleeper berth before getting behind the wheel.
• Having an 8-hour break makes the driver eligible for a full 10 hours of driving within a 15-hour on-duty period.

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.

10-hour driving rule

• Following 8 hours of rest (off duty and/or in a sleeper berth), 10 hours of passenger-carrying CMV driving time is allowed.
• A driver of a passenger-carrying CMV may continue to work after the 10-hour limit but may not drive a CMV.
• Breaks during the 10-hour driving period are not specifically required under federal hours-of-service rules.

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

• All time spent behind the wheel of a CMV is “driving” time, and after 10 hours of driving, the driver must stop driving until getting 8 hours of rest.
• A driver is not limited to 10 hours of driving per day. A driver can drive for 10 hours, take 8 hours off, and then immediately drive for another 10 hours, no matter when the calendar day falls.
• The rules do not limit the amount of work a driver can do. A driver can continue to work after driving for 10 hours, but may not continue to operate a CMV until getting rest.“Driving” includes all time spent at the controls of a CMV in operation. Being stuck in traffic is considered “driving” even if the vehicle is not moving. Job-related driving of a non-CMV is considered “on-duty” time, but not driving time.
• Under certain conditions, a driver can operate an empty CMV for personal reasons (such as commuting to and from home or getting to a local restaurant) and count that driving time as “off duty.” Refer to the discussion of “personal conveyance.”
• Taking breaks during the 10 hours of driving is not required under federal hours-of-service rules, except as needed for the driver or passengers or as required under state laws.

15-hour on-duty rule

• Once a driver of a passenger-carrying CMV accumulates 15 hours of on-duty time (driving or non-driving work), there can be no more driving until the driver gets 8 hours off duty.
• A driver of a passenger-carrying CMV could work and drive beyond the 15th or even 20th consecutive hour of the day if the workday is extended with off-duty time.

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:

• The 15 hours are not consecutive. They include only time spent on duty or driving (lines 3 and 4 on a log). If the driver goes off duty for lunch or other breaks or takes a nap in a sleeper berth, that time does not count toward the 15-hour limit. This means a driver that has multiple off-duty breaks during the day may be able to drive well beyond the 15th consecutive hour from when driving began.
• 10 out of the 15 hours can be spent driving a CMV.
• The driver can do other work after 15 on-duty hours, but can’t do any more CMV driving until getting 8 hours off.
• A driver can exceed the 15-hour limit by up to 2 hours when encountering adverse driving conditions.

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.”

60/70-hour rule

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.”

Alaska HOS: Passenger-carrying vehicles

• A driver of a passenger-carrying CMV in Alaska must not drive more than 15 hours after 8 consecutive hours off duty.
• A driver of a passenger-carrying CMV in Alaska must not drive after accumulating 20 hours of on-duty time after 8 hours off duty.
• A driver of a passenger-carrying CMV in Alaska who encounters adverse driving conditions may complete the run and, thereafter, must be off duty for at least eight consecutive hours before driving again.

A driver of a passenger-carrying commercial motor vehicle (CMV) in the State of Alaska must not drive:

• More than 15 hours after having 8 consecutive hours off duty;
• After accumulating 20 hours of on-duty time after 8 hours off; and
• After having been on duty for 70 hours in any 7 consecutive days, or 80 hours in 8 consecutive days if the employer operates CMVs every day of the week.

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))

Who needs to use ELDs?

• Most interstate CMV drives who are subject to the logging requirement must use ELDs.
• Many intrastate drivers of CMVs also need ELDs but the specific requirements vary somewhat from state to state.
• Just because an individual driver needs an ELD does not mean all drivers or all vehicles at that motor carrier must use ELDs.

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:

• Drivers who are required to use a standard grid-style log on no more than 8 days within any 30-consecutive-day period are exempt from ELDs and may instead use paper (or digital) logs when needed. This includes intermittent or occasional drivers, as well as drivers who occasionally are unable to comply with the short-haul exception in 395.1(e) and who do not need logs more than 8 days out of 30. Once such a driver needs to use a regular log on 9 or more days within any 30-day period, the driver must switch to an ELD.
• Drivers operating in a “driveaway-towaway operation” as defined in 390.5 in which the vehicle being driven is part of the shipment being delivered are exempt from ELDs. Those transporting motor homes or recreational vehicle trailers in a driveaway-towaway capacity are also exempt.
• Drivers of vehicles manufactured before model year 2000 — when engine control modules (ECMs) were not required — are exempt from ELDs while operating such vehicles. The model year is identified by the 10th position in the vehicle identification number (VIN) as shown on the vehicle’s registration. In cases where the engine is older than model year 2000 but the vehicle is registered as being from model year 2000 or newer, such as with a glider kit, the engine model year is used to determine compliance and an ELD is not required. Motor carriers are allowed but not required to equip these older vehicles with ELDs.
• Trucks that are rented for a term of eight days or less are exempt from needing an ELD, but the driver must carry copies of his or her logs, a copy of the rental agreement, and a copy of the Federal Register notice issued September 12, 2022, available upon request.
• Drivers providing transportation to or from a theatrical or television motion picture production site can use paper logs under the terms of an exemption in effect until January 19, 2023. Drivers using the exemption must carry a copy of the Federal Register notice (or equivalent) published on January 19, 2018.
• Drivers transporting livestock (as defined in 395.2) or insects are exempt from needing ELDs based on current Federal Motor Carrier Safety Administration policy and statutory requirements.

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.

The standard log

• Regardless of whether a driver uses an ELD, paper log, or digital log, the regulations specify certain information that must be recorded in the log.
• When manually recording hours of service, the form used must include specific information, including a vertical or horizontal graph grid.

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:

• The date;
• A “graph grid” showing a visual representation of the driver’s duty status throughout each 24-hour period, along with accompanying remarks or annotations;
• Information identifying the driver, the motor carrier, any co-drivers, and all vehicles (including trailers) operated that day;
• The total miles spent driving;
• The driver’s signature and/or certification;
• The 24-hour period starting time, whether it be midnight, noon, or any other time selected by the carrier for a given terminal;
• The total hours spent in each of the four duty statuses; and
• The shipping document number(s) or (for paper logs) the name of the shipper and commodity.

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:

• Home terminal address (“main office address” is still required),
• Total mileage today (“total miles driving today” is still required), and
• Origin and destination (“From” and “To”).

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:

Monthly log summary

• The use of a monthly summary sheet can help simplify the task of keeping track of a driver’s compliance with the 60- or 70-hour limit.
• The monthly summary sheet can be used to keep a running tally of daily on-duty time, determine how many hours are available each day, and calculate compliance with the 60- or 70-hour limit, whether the 34-hour restart option is used or not.

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.

• Step 1. Enter the number of working hours (on duty and driving) for each of the last seven days of the preceding month under the column heading “Hours Worked Today” (1). This can be taken from either the previous month’s logbook or summary sheet.

Available hours

• Step 2. Total the hours on duty just entered for the last 7 days and write it, 59, in the first space under Column A (2).
• Step 3. Subtract this figure from the 70-hour maximum and enter the remainder in the first space under Column B (3). We now know the driver has 11 on-duty hours available for the first day of the new month.

The next day

• Step 4. At the end of the next day, the log shows the driver was on duty 11 hours. Enter this figure in the first column to the right of day 1 on the log summary sheet (4).
• Step 5. Total the hours worked during the last 7 days (day 1 plus the 6 preceding days) and enter the total, 57 hours, under Column A.
• Step 6. Subtract this from 70, which again shows the on-duty hours available, 13, for the next day.

Compliance

In the last step we come to the important question of compliance or non-compliance with the 70-hour rule.

• Step 7. Add the hours worked during the last 8 days (day 1 plus the preceding 7 days) and enter the total in the first space under Column C, which in this case is 70 (5).

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.

Submitting and retaining logs

• The original RODS must be submitted by the driver to the regularly employing motor carrier within 13 days of completion.
• Along with the original RODS for the current day, the driver must retain a copy of each record for the previous seven consecutive days.
• The motor carrier must retain all RODS at its principal place of business, regional office, or the driver’s home terminal for six months after receipt.

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.

150-air-mile exception

• Drivers of property- and passenger-carrying CMVs that operate within a 150 air-mile radius of the normal work-reporting location and return to that location to be released from work within 14 consecutive hours are excused from using the standard grid-style timekeeping log (daily RODS) if certain criteria are met.
• When the exception is used, the motor carrier must maintain certain time records.

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:

• 395.1(e)(1) for passenger-carrying CMV drivers and drivers of property-carrying CMVs that require a commercial driver’s license (CDL)
• 395.1(e)(2) for drivers of property-carrying CMVs that do not require a CDL

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:

• Has a gross vehicle weight rating (GVWR) or gross combination weight rating (GCWR), or gross vehicle weight (GVW) or gross combination weight (GCW), of 10,001 pounds or more, whichever is greater; or
• Is designed or used to transport more than 8 passengers (including the driver) for compensation; or
• Is designed or used to transport more than 15 passengers (including the driver), and not used to transport passengers for compensation; or
• Is transporting hazardous materials of a type or quantity which requires placarding.

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 driver of a property-carrying CMV:
  • Has at least 10 consecutive hours off duty separating each 14 duty hours, and
  • Does not drive more than 11 hours following at least 10 consecutive hours off duty;
• The driver of a passenger-carrying CMV:
  • Has at least 8 consecutive hours off duty separate each 14 hours on duty, and
  • Does not drive more than 10 hours following at least 8 consecutive hours off duty; and
• The motor carrier maintains the driver’s time records for six months showing:
  • The time the driver reports for duty each day,
  • The time the driver is released from duty each day,
  • The total number of hours the driver is on duty each day, and
  • The total time on duty for the preceding seven days for drivers used for the first time or intermittently.

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:

• Are not required to be released from work after they return to the work reporting location (that is, they may continue to perform non-driving work); and
• May exceed the 14-hour limit by up to two hours, up to twice per seven days. Specifically, these drivers must not drive a CMV:
  • After the 14th consecutive hour after coming on duty on at least five days in any period of seven consecutive days; or
  • After the 16th consecutive hour after coming on duty on up to two days in any period of seven consecutive days.

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)).

The 14/15-day rule

• When an intrastate driver operates in interstate commerce, the driver must be fully compliant with federal HOS rules before and during the interstate trip.
• The driver must continue to comply with federal HOS rules for the seven or eight days after returning to intrastate operations.

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.

Utility service vehicle HOS exemption

• Drivers of utility service vehicles are exempt from the HOS regulations if used in the repair, operation, or maintenance of utility infrastructure.

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:

1. Used in the furtherance of repairing, maintaining, or operating any structures or any other physical facilities necessary for the delivery of public utility services, including the furnishing of electric, gas, water, sanitary sewer, telephone, and television cable or community antenna service;
2. While engaged in any activity necessarily related to the ultimate delivery of such public utility services to consumers, including travel or movement to, from, upon, or between activity sites (including occasional travel or movement outside the service area necessitated by any utility emergency as determined by the utility provider); and
3. Except for any occasional emergency use, operated primarily within the service area of a utility’s subscribers or consumers, without regard to whether the vehicle is owned, leased, or rented by the utility.

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.

Covered farm vehicle HOS exemption

• A “covered farm vehicle” with a GVWR, GCWR, GVW, or GCW of 26,001 pounds or less may use the hours-of-service (HOS) exemption anywhere in the United States.
• A covered farm vehicle with a GVWR, GCWR, GVW, or GCW of more than 26,001 pounds may use the HOS exemption anywhere in the state of registration or across state lines within 150 air miles of the farm or ranch from which the vehicle is operated.

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:

• Commercial driver’s licenses (CDLs) (Part 383)
• Drug and alcohol testing (Part 382)
• Medical cards and medical exams (Part 391, Subpart E)
• Hours of service (Part 395)
• Vehicle inspection and maintenance (Part 396)

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:

• Registered in a state with a license plate or other designation issued by the state of registration that allows law enforcement officials to identify it as a farm vehicle;
• Operated by the owner or operator of a farm or ranch, or an employee or family member of an owner or operator of a farm or ranch;
• Used to transport agricultural commodities, livestock, machinery or supplies to or from a farm or ranch; and
• Not used in for-hire motor carrier operations; however, for-hire motor carrier operations do not include the operation of a vehicle meeting the requirements above by a tenant pursuant to a crop share farm lease agreement to transport the landlord’s portion of the crops under that agreement.

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:

Agricultural operations HOS exemption

• An exemption from the federal HOS rules is available to drivers who transport “agricultural commodities” or “farm supplies for agricultural purposes” within a 150 air-mile radius of the product’s source, distribution point, or wholesale distribution point during state-defined planting and harvesting seasons.

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:

• “Agricultural commodities” from the source of the agricultural commodities to a location within a 150 air-mile radius of the source;
• “Farm supplies for agricultural purposes” from a wholesale or retail distribution point of the farm supplies to a farm or other location where the farm supplies are intended to be used within a 150 air-mile radius from the distribution point; or
• “Farm supplies for agricultural purposes” from a wholesale distribution point of the farm supplies to a retail distribution point of the farm supplies within a 150 air-mile radius from the wholesale distribution point. (395.1(k)).

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

• The exception applies to the initial 150 air-miles from the source of the commodity, regardless of the distance to the destination.
• Once a driver operates beyond the 150 air-mile radius of the source, the driver is then subject to the limits under the HOS rules and must record those hours until the driver crosses back into the area within 150 air-miles of the original source of the commodities.
• Farm supplies for agricultural purposes may be shipped from a wholesale or retail distribution point to a farm or other location where they will be used, within a 150 air-mile radius from the distribution point; or from their wholesale distribution point to their retail distribution point within a 150 air-mile radius from the wholesale distribution point.
• The “source” or measuring point for the 150 air-mile radius of an exempt load that has additional stops, is the first place where the commodity was loaded onto an unladen trailer. The following points also apply when determining the source:
  • The source may be any intermediate storage or handling location away from the original source at the farm or field, provided the commodity retains its original form and is not significantly changed by any processing or packing.
  • When making multiple trips, the first trip, and the 150 air-mile exception around that source, terminates once all agricultural products are offloaded. A new source for a new trip may be identified, and the 150 air-mile radius will be from that source.
  • If commodities or livestock retain their original form and are “non-processed,” a new “source” may be identified.
• Drivers entering the U.S. from Canada or Mexico are also eligible to claim this exemption.

Pipeline welding trucks HOS exemption

• “Pipeline welding trucks” are exempt from many federal regulations related to CMVs, including the requirements related to the HOS of drivers, such as maximum driving and on-duty time.

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:

• Is owned by a welder;
• Is equipped with a welding rig used in the construction or maintenance of pipelines; and
• Has a gross vehicle weight rating, gross combination weight rating, and actual weight of 15,000 pounds or less. (390.38(b)).

The operator of a pipeline welding truck, including the driver and employer, are exempt from:

• Motor carrier registration requirements, including the requirement to obtain and display a Department of Transportation (DOT) number, in parts 365 and 390;
• Any requirement relating to driver qualifications in Part 391;
• Any requirement relating to driving of commercial motor vehicles (CMVs) in Part 392;
• Any requirement relating to parts and accessories and inspection, repair, and maintenance of CMVs in parts 393 and 396; and
• Any requirement relating to hours of service of drivers, including maximum driving and on-duty time, found in Part 395.

Railroad signal employee HOS exemption

• The HOS regulations do not apply to a railroad signal employee operating a CMV and working on signal systems on behalf of a railroad carrier regulated by the Federal Railroad Administration.

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)).

The ‘safe-haven’ rule: Myth or fact?

• The concept of “safe haven” applies only when drivers operating vehicles containing explosives are eligible to be off duty.
• 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.”
• There is no regulatory exception that says any driver can exceed the HOS limits to reach a “safe haven.”

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:

• The vehicle is located on the property of a motor carrier, on the property of a shipper or consignee of the explosives, in a “safe haven,” or, in the case of a vehicle containing 50 pounds or less of explosive material, on a construction or survey site; and
• The lawful bailee of the explosives is aware of the nature of the explosives the vehicle contains and has been instructed in the procedures which must be followed in emergencies; and
• The vehicle is within the bailee’s unobstructed field of view or is in a “safe haven.” (397.5(b)).

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.

On or off duty: Common areas of confusion

• Certain situations and topics have caused confusion in determining when a driver of a CMV is on or off duty, including paid time, personal conveyance, meals, routine stops, waiting time, safety meetings, being “on call,” sitting in a parked vehicle, and travel time.

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.

Personal conveyance: other considerations

• How the rules governing PC interact with other CMV requirements should be carefully considered by drivers and carriers.

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 10-hour break or 34-hour restart? Time spent using personal conveyance while off duty will count as part of a driver’s 10- or 34-consecutive-hour break, but the driver must obtain “restorative” rest.
• Moving for maintenance? Any movement that involves the maintenance or conditioning of the vehicle must be recorded as on-duty driving time, even if it’s during a 34-hour restart.
• Nearby, reasonable, and safe? Enforcement won’t likely question what a driver considers reasonable and safe. However, driving off duty past two or three truck stops before parking may be questioned.
• Authorization and liability? The Federal Motor Carrier Safety Administration does not require a written policy or authorization by the carrier, but it is advisable to have a PC policy. Carriers should also discuss liability coverage with their insurer.
• The ELD mandate and “personal use”? A motor carrier using electronic logging devices (ELDs) has the option to allow its drivers to use a built-in “personal use” status. When prompted by the ELD, each instance of personal use must be annotated.
• Using PC in Canada? The limit for personal use is 75 kilometers per day in Canada.