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['Hours of Service']
['Hours of Service']
12/07/2023
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Learning the difference between on- and off-duty work
Scenario 1: An employee driving a CMV with cargo on board who is commuting between his or her personal residence and the terminal where the driver normally reports for duty. The commuting distance is about 10 miles.
Scenario 2: A driver who is taking a lunch break in their vehicle while filling out reports, taking calls, and doing a quick walk-around inspection of the CMV.
Scenario 3: A driver sitting in a parked CMV to rest but who has been asked to remain in the vehicle for the next two hours while waiting to get last-minute instructions from a carrier.
Based on these scenarios, is the employee on duty?
Click below to see answers.
Learning the difference between on- and off-duty work: Answers
Answer, Scenario 1: No. Time spent driving a CMV to move the driver from place to place for personal reasons, including commuting to work, can be considered off-duty time for personal conveyance 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. A loaded vehicle may be used for personal conveyance.
Answer, Scenario 2: Yes. Since the driver is still performing work duties during the lunch break, this driver is still considered “on duty.”
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:
- The driver is relieved of all duty and responsibility for the care and custody of the vehicle, its accessories, and any cargo or passengers it may be carrying; and
- During the stop, and for the duration of the stop, the driver is at liberty to pursue activities of the driver’s own choosing.
Answer, Scenario 3: Yes. 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 personal activities. If the driver is required to remain in the vehicle or is otherwise under obligation to the employer, vehicle, passengers, or cargo, then the driver is “on duty.”
hours-of-service
Hours of Service
hours-of-service
Hours of Service
Learning the difference between on- and off-duty work
Scenario 1: An employee driving a CMV with cargo on board who is commuting between his or her personal residence and the terminal where the driver normally reports for duty. The commuting distance is about 10 miles.
Scenario 2: A driver who is taking a lunch break in their vehicle while filling out reports, taking calls, and doing a quick walk-around inspection of the CMV.
Scenario 3: A driver sitting in a parked CMV to rest but who has been asked to remain in the vehicle for the next two hours while waiting to get last-minute instructions from a carrier.
Based on these scenarios, is the employee on duty?
Click below to see answers.
Learning the difference between on- and off-duty work: Answers
Answer, Scenario 1: No. Time spent driving a CMV to move the driver from place to place for personal reasons, including commuting to work, can be considered off-duty time for personal conveyance 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. A loaded vehicle may be used for personal conveyance.
Answer, Scenario 2: Yes. Since the driver is still performing work duties during the lunch break, this driver is still considered “on duty.”
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:
- The driver is relieved of all duty and responsibility for the care and custody of the vehicle, its accessories, and any cargo or passengers it may be carrying; and
- During the stop, and for the duration of the stop, the driver is at liberty to pursue activities of the driver’s own choosing.
Answer, Scenario 3: Yes. 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 personal activities. If the driver is required to remain in the vehicle or is otherwise under obligation to the employer, vehicle, passengers, or cargo, then the driver is “on duty.”
Scenario 1: An employee driving a CMV with cargo on board who is commuting between his or her personal residence and the terminal where the driver normally reports for duty. The commuting distance is about 10 miles.
Scenario 2: A driver who is taking a lunch break in their vehicle while filling out reports, taking calls, and doing a quick walk-around inspection of the CMV.
Scenario 3: A driver sitting in a parked CMV to rest but who has been asked to remain in the vehicle for the next two hours while waiting to get last-minute instructions from a carrier.
Based on these scenarios, is the employee on duty?
Click below to see answers.
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Answer
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Copyright 2026 J. J. Keller & Associate, Inc. For re-use options please contact copyright@jjkeller.com or call 800-558-5011.