60-hour/7-day limit

Scope

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

Regulatory citations

• 49 CFR 395.3(b)(1) — Maximum driving time for property-carrying vehicles
• 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;
  • 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.

• On-duty time: All time from the time drivers begin work or are required to be in readiness to work until the time they are relieved from all work and responsibility for performing work. See On-duty time.

Summary of requirements

Drivers:

• Cannot drive a CMV after having been on duty for 60 hours in any 7 consecutive days.
• Can do non-driving work after reaching the limit and not be in violation, but those hours must be added to the total.

Companies:

• That do not operate CMVs every day of the week must use the 60-hour/7-day schedule.
• That operate CMVs every day of the week may use the 60-hour/7-day schedule, or assign some or all of their drivers to a 70-hour/8-day schedule.

“Seven consecutive days” does not mean a calendar week (e.g., Sunday through Saturday); it means any seven-consecutive-day period. A driver doesn’t really “start over” when counting total hours. The oldest day’s hours drop out of consideration as each new day’s hours are added.

Drivers of property-carrying CMVs may reset the 60- or 70-hour limit by having 34 consecutive hours off.

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

• Driver-salesperson. The 60-hour/7-day limit does not apply to a driver-salesperson whose total driving time does not exceed 40 hours in any period of 7 consecutive days.
• Driver in Alaska. A driver operating a CMV in Alaska may not drive after being on duty 70 hours in any period of 7 consecutive days, if the motor carrier does not operate every day of the week.