InstituteOn-duty time - Motor CarrierFleet SafetyHours of ServiceHours of ServiceIn Depth Sub Topics (Level 4)Focus AreaEnglishAnalysisTransportationUSA
On or off duty: Common areas of confusion
['Hours of Service']
- 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.
| 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:
Driving time that “enhances the operational readiness of a motor carrier” or that otherwise furthers a business purpose must be recorded as “driving.” |
| 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.” |