10-hour off-duty rule

Scope

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

Regulatory citations

• 49 CFR 395.3 — Maximum driving time for property-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 transporting hazardous materials of a type or quantity which requires placarding.
• Off duty: Any time that is not defined as driving time, on-duty time, or sleeper-berth time under 395.2.

Summary of requirements

The driver of a property-carrying CMV must have 10 consecutive hours away from work before first getting behind the wheel of a CMV. Getting these 10 hours of rest makes the driver eligible to drive for a full 11 hours within a 14-hour period.

There are four ways to obtain the required rest:

1. Spend 10 consecutive hours off duty.
2. Spend 10 consecutive hours in a sleeper berth that complies with 393.76.
3. Spend 10 consecutive hours combining off-duty and sleeper-berth time.
4. Spend 10 non-consecutive hours of rest in two separate periods, with one period being at least 7 consecutive hours in a sleeper berth and the other being at least 2 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. See the Sleeper berth topic for more information.

When a driver gets 10 consecutive hours of rest, the driver is eligible to drive for up to 11 hours within a 14-hour period, provided the driver has time available under the 60-hour or 70-hour limit.