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The purpose of the hours-of-service regulations, including the 10-hour driving rule, is to keep fatigued drivers off the road.

Scope

This requirement applies to drivers and motor carriers operating passenger-carrying commercial motor vehicles (CMVs) in interstate commerce.

Regulatory citations

  • 49 CFR 395.5 — Maximum driving time for passenger-carrying vehicles

Key definitions

  • 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.
  • Driving time: All time spent at the controls of a commercial motor vehicle in operation.

Summary of requirements

The driver of a passenger-carrying CMV cannot drive for more than 10 hours following 8 consecutive hours off duty.

Once a driver has 8 hours off, the driver may drive for up to 10 hours no matter when the calendar day falls. This makes it possible to drive a CMV for more than 10 hours per calendar day.

A driver who reaches the 10-hour limit can remain on duty and continue to perform other work but may not continue to drive a CMV.

Exceptions. The regulations include several exceptions for certain types of situations and/or operations:

  • Drivers in Alaska. The driver of a passenger-carrying CMV in Alaska may not drive for more than 15 hours following 8 consecutive hours off duty.
  • Adverse driving conditions. The driver of a passenger-carrying CMV who encounters adverse conditions, on a run that could normally be completed within 10 hours, is allowed an additional 2 hours of driving to complete the run or reach a place offering safety. However, the driver must not drive:
    • For more than 12 hours following 8 consecutive hours off duty, or
    • After 17 hours of on-duty time following 8 consecutive hours off duty.
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