70-hour/8-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)(2) — 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 who are assigned to the 70-hour/8-day limit:

• Cannot drive a CMV after having been on duty for 70 hours in any 8 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.

The 70-hour/8-day limit is only an option for companies that operate CMVs every day of the week. Otherwise, the 60-hour/7-day limit must be followed. A motor carrier with one or more CMVs operating every day of the week may assign some or all of its drivers to the 70-hour/8-day limit, or may assign some or all drivers to the 60-hour/7-day limit.

“Eight consecutive days” does not mean a calendar week (e.g., Sunday through Saturday); it means any eight-consecutive-day period. A driver doesn’t really “start over” 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 70-hour limit by taking 34 consecutive hours off.

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

• Driver-salesperson. The 70-hour/8-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 80 hours in any period of 8 days, if the motor carrier operates every day of the week.