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ez Explanations

8-hour off-duty rule

RegSenseezExplanationFleet Safety8-hour off-duty ruleFederal Motor Carrier Safety Administration (FMCSA), DOTHours of ServiceTransportationBest ResultsEnglishFocus AreaUSA

The purpose of the hours-of-service regulations, including the 8-hour off-duty rule, is to keep fatigued drivers off the road.

Scope

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

Regulatory citations

  • 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; 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.
  • Off duty: Any time that is not defined as driving time, on-duty time, or sleeper-berth time under 395.2.

Summary of requirements

The driver of a passenger-carrying CMV must have 8 consecutive hours away from work before first getting behind the wheel of a CMV. Getting these 8 hours of rest makes the driver eligible to drive for a full 10 hours within a 15-hour on-duty period.

There are four ways to obtain the required rest:

  1. Spend 8 consecutive hours off duty.
  2. Spend 8 consecutive hours in a sleeper berth that complies with 49 CFR 393.76.
  3. Spend 8 consecutive hours combining off-duty and sleeper-berth time.
  4. Spend 8 non-consecutive hours of time in a sleeper berth, in two separate periods of time totaling at least 8 hours, with neither period being less than 2 hours long.

When a driver gets 8 consecutive hours of rest, the driver is eligible to drive for up to 10 hours within a 15-hour on-duty period, provided the driver has time available under the 60-hour or 70-hour limit.

When using a sleeper berth in two non-consecutive periods of time to accumulate the required 8 hours off:

  • The driving time in the period immediately before and after each of the two rest periods, when added together, cannot exceed 10 hours; and
  • The on-duty time in the period immediately before and after each rest period, when added together, cannot include any driving time after the 15th hour.
['Hours of Service']
['8-hour off-duty rule']
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