On-duty time

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 395.2 — Definitions

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 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 a driver begins work or is required to be in readiness to work until the time the driver is relieved from all work and responsibility for performing work.

Summary of requirements

On-duty time includes the following:

• All time at a plant, terminal, facility, or other property of a motor carrier or shipper, or on any public property, waiting to be dispatched, unless the driver has been relieved from duty by the motor carrier;
• All time inspecting, servicing, or conditioning any CMV at any time;
• All driving time (defined as all time spent at the controls of a CMV in operation);
• All time, other than driving time, in or upon any CMV except:
  • Time spent resting in or on a parked vehicle (except when attending to a CMV containing a Division 1.1, 1.2, or 1.3 (explosive) material),
  • Time spent resting in a sleeper berth, or
  • Up to three hours riding in the passenger seat of a property-carrying CMV moving on a highway immediately before or after a sleeper-berth period of at least seven consecutive hours;
• All time loading or unloading a CMV, supervising or assisting in the loading or unloading, attending a CMV being loaded or unloaded, remaining in readiness to operate the CMV, or in giving or receiving receipts for shipments loaded or unloaded;
• All time repairing, obtaining assistance, or remaining in attendance upon a disabled CMV;
• Performing any other work in the capacity, employ, or service of a motor carrier;
• All time spent providing a breath sample or urine specimen, including travel time to and from the collection site, in order to comply with drug and alcohol testing requirements in Part 382 when directed by a motor carrier; and
• Performing any compensated work for any non-motor carrier entity.