34-hour restart

Scope

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

Regulatory citations

• 49 CFR 395.1(d) — Oilfield operations
• 49 CFR 395.1(l) — Ground water well drilling operations
• 49 CFR 395.1(m) — Construction materials and equipment
• 49 CFR 395.3(c) — 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.

• Groundwater well drilling rig: Any vehicle, machine, tractor, trailer, semi-trailer, or specialized mobile equipment propelled or drawn by mechanical power and used on highways to transport water well field operating equipment, including water well drilling and pump service rigs equipped to access groundwater.

• Transportation of construction materials and equipment: The transportation of construction and pavement materials, construction equipment, and construction maintenance vehicles by a driver, to or from an active construction site within a 75 air-mile radius of the driver’s normal work-reporting location. This does not include vehicles transporting a placardable amount of hazardous materials.

Summary of requirements

Drivers of property-carrying CMVs have the option to “restart” their calculation of the 60-hour/7-day limit or 70-hour/8-day limit by taking at least 34 consecutive hours off. The time may be spent off duty, in a sleeper berth, or using any combination of the two.

Any 34 consecutive hours off, at any time or in any location, will serve to reset the clock. Once at least 34 hours of rest have been taken, a new 7- or 8-day period begins and the hours worked before the rest break began are no longer taken into consideration.

Exceptions. The following drivers are eligible to restart the 7- or 8-day period with just 24 consecutive hours off:

• Drivers who are used primarily in the transportation and operations of a groundwater well drilling rig.
• Drivers who are used primarily in the transportation of construction materials and equipment.
• Drivers of CMVs that are used exclusively in the transportation of oilfield equipment (including the stringing and picking up of pipe used in pipelines) and servicing of the field operations of the natural gas and oil industry, who are eligible to use the 70-hour/8-day limit.