§395.3 Maximum driving and on-duty time

Question 1: May a motor carrier switch from a 60-hour/7-day limit to a 70-hour/8-day limit or vice versa?

Guidance: Yes. The only restriction regarding the use of the 70-hour/8-day rule is that the motor carrier must have commercial motor vehicle (CMVs) operating every day of the week. The 70-hour/8-day rule is a permissive provision in that a motor carrier with vehicles operating every day of the week is not required to use the 70-hour/8-day rules for calculating its drivers’ hours of service. The motor carrier may, however, assign some or all of its drivers to operate under the 70-hour/8-day rule if it so chooses. The assignment of individual drivers to the 60-hour/7-day or the 70-hour/8-day time rule is left to the discretion of the motor carrier.

Question 2: Does a driver, employed full time by one motor carrier using the 60-hours in 7-days rule, and part-time by another motor carrier using the 70-hours in 8-days rule, have the option of using either rule in computing his hours of service?

Guidance: No. The motor carrier that employs the driver on a full-time basis determines which rule it will use to comply with §395.3(b). The driver does not have the option to select the rule he/she wishes to use.

Question 3: If a driver’s record of duty status is not signed, may enforcement action be taken on the current day’s record if it contains false information? 

Guidance: Enforcement action can be taken against the driver even though that record may not be signed. The regulations require the driver to keep the record of duty status current to the time of last change of duty status (whether or not the record has been signed). Also, §395.8(e) states that making false reports shall make the driver and/or the carrier liable to prosecution.

Question 4: A Canadian driver is subjected to a log-book inspection in the U.S. The driver has logged one or more 13-hour driving periods while in Canada during the previous 7 days, but has complied with all the Federal Motor Carrier Safety Regulations (FMCSRs) while operating in the U.S. Has the driver violated the 11-hour driving requirement in the U.S.?

Guidance: No. Canadian drivers are required to comply with the Federal Motor Carrier Safety Regulations (FMCSRs) only when operating in the U.S.

Question 5: May a driver domiciled in the United States comply with the Canadian hours of service regulations while driving in Canada? If so, would the driving and on-duty time accumulated in Canada be counted toward compliance with one or more of the limits imposed by Part 395 when the driver re-enters the United States?

Guidance: A driver domiciled in the United States may comply with the Canadian hours of service regulations while driving in Canada. Upon re-entering the United States, however, the driver is subject to all of the requirements of Part 395, including the 11- and 14-hour rules (for drivers of property-carrying vehicles) or the 10- and 15-hour rules (for drivers of passenger-carrying vehicles), and the 60-or 70-hour rules applicable to the previous 7 or 8 consecutive days.

In other words, a driver who takes full advantage of Canadian law may have to stop driving for a time immediately after returning to the U.S. in order to restore compliance with Part 395. Despite its possible effect on decisions a U.S. driver must make while in Canada, this interpretation does not involve an exercise of extraterritorial jurisdiction.

Question 6: If a motor carrier operates under the 70-hour/8-day rule, does any aspect of the 60-hour rule apply to its operations? If a motor carrier operates under the 60-hour/7-day rule, does any part of the 70-hour rule apply to its operations?

Guidance: If a motor carrier operates 7 days per week and chooses to require all of its drivers to comply with the 70-hour/8-day rule, the 60-hour/7-day rule would not be applicable to these drivers. If this carrier chooses to assign some or all of its drivers to the 60-hour/7-day rule, the 70-hour rule would not be applicable to these drivers. Conversely, if a motor carrier does not operate 7 days per week, it must operate under the 60-hour/7-day rule and the 70-hour rule would not apply to its operations.

Question 7: What is the liability of a motor carrier for hours of service violations?

Guidance: The carrier is liable for violations of the hours of service regulations if it had or should have had the means by which to detect the violations. Liability under the Federal Motor Carrier Safety Regulations (FMCSRs) does not depend upon actual knowledge of the violations.

Question 8: Are carriers liable for the actions of their employees even though the carrier contends that it did not require or permit the violations to occur?

Guidance: Yes. Carriers are liable for the actions of their employees. Neither intent to commit, nor actual knowledge of, a violation is a necessary element of that liability. Carriers “permit” violations of the hours of service regulations by their employees if they fail to have in place management systems that effectively prevent such violations.

Question 9: May time spent in resting or sleeping in motor homes being delivered be recorded as off-duty time?

Guidance: The FMCSA believes the time drivers spend resting or sleeping in the motor homes while stopped or parked (e.g., at a rest area or parking lot) could be considered off-duty time. Drivers may take at least 10 consecutive hours off-duty for the purpose of obtaining restorative sleep. The driver may also take less than 10 hours off-duty and take a nap. This time would not count toward the required 10 consecutive hours off-duty. There are certain conditions which must be met in order for this time (less than 10 consecutive hours) to qualify as off-duty time.

1. The driver must have been 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.
2. The duration of the driver’s relief from duty must be a finite period of time which is of sufficient duration to ensure that the accumulated fatigue resulting from operating a commercial motor vehicle will be significantly reduced.
3. During the stop, and for the duration of the stop, the driver must be at liberty to pursue activities of his/her own choosing and to leave the premises where the vehicle is situated.

Question 10: Does the 30-minute break have to be consecutive?

Guidance: Yes. But, drivers may use different non-driving statuses (off-duty, sleeper berth, or on-duty not driving) to add up to the 30-consecutive minutes. For example, a driver could use 10 minutes of off-duty time, followed by 20 minutes to fuel the truck and fill out paperwork (on- duty, not driving time) to satisfy his or her 30-minute break, as long as the various duty periods are consecutive.

Question 11: Does the 30-minute break count against the 14-hour “driving window”?

Guidance: Yes.

Question 12: May a driver use on-duty not driving time during a roadside inspection to satisfy the 30-minute break?

Guidance: Yes. If the driver is stopped for at least 30-consecutive minutes for the roadside inspection, this time would be logged as on-duty, not driving, and it would satisfy the 30-minute break requirement.

Question 13: May a driver use yard moves to satisfy the 30-minute break requirement?

Guidance: Yes. If the yard move is part of a 30-consecutive minute break, because this time would also be on-duty, not driving.

Question 14: How may a driver using the sleeper berth provision obtain the off-duty time required by 395.3(a)(1)?

Guidance: A driver may obtain the required off-duty time by accumulating A) at least 10-consecutive hours off-duty; B) at least 10-consecutive hours of sleeper berth time; C) a combination of consecutive sleeper berth and off-duty time amounting to at least 10 hours; D) a combination of sleeper berth time of at least 7-consecutive hours and up to 3 hours riding in the passenger seat, amounting to at least 10-consecutive hours; and E) the equivalent of at least 10-consecutive hours off-duty using the split sleeper berth provision.

Question 15: Are there HOS regulations in the United States or Canada that allow a driver to reset a maximum duty time-period?

Guidance: In the United States, drivers transporting property may restart their 7 or 8-day duty period if they take 34 or more consecutive hours of off-duty. (49 CFR §395.3(d)) In Canada, a driver’s duty hours may be reset to zero if: they take 36-consecutive hours of off-duty if operating under Cycle 1 (SOR/2005-313 - Section 28 – Cycle Reset – Off-duty Time) or they take 72-consecutive hours of off-duty if operating under Cycle 2. (SOR/2005-313 - Section 28 – Cycle Reset – Off-duty Time)

Question 16: Are there HOS regulations in the United States or Mexico that allow a driver to reset a maximum duty time period?

Guidance: In the United States, drivers transporting property may restart their 7 or 8-day duty period if they take 34 or more consecutive hours of off-duty. (49 CFR §395.3(d)) In Mexico, currently there are no HOS reset provisions.

Question 17: For drivers transporting property, are there differences between Canadian and U.S. HOS regulations for driving after on-duty time?

Guidance: When operating in the United States, no on-duty driving may be done after 14-consecutive hours from the first on-duty activity after having taken 10-consecutive hours of off-duty. (49 CFR § 395.3(a)(2)) When operating in Canada, no driving may be done after 14-hours of on-duty time in a day or after 14-hours on-duty in a work-shift after having taken 8-consecutive hours off-duty. (SOR/2005-313 - Section 12: Daily Driving

Question 18: Do Canada and the United States have similar HOS regulations regarding 30-minute break periods?

Guidance: Yes. Rest breaks during 14-cosecutive hour duty period: When operating in the United States, driving is not permitted if more than 8 hours have passed since the end of the driver’s last off-duty or sleeper-berth period of at least 30 minutes. (49 CFR §395.3(a)(3)(ii)) When operating in Canada, off-duty time other than the mandatory 8 consecutive hours off may be distributed throughout the day in blocks of no less than 30 minutes each. (SOR/2005-313 – Section 14: Daily Off-duty Time)