Do the U.S. hours-of-service rules apply to Mexican and Canadian drivers and carriers?

Yes. Mexican and Canadian drivers operating in the United States must comply with the FMCSA’s hours-of-service (HOS) regulations. Although compliance with the HOS regulations is checked by looking backward in time and activity occurring outside the U.S. may be taken into account, state and federal officials may only impose penalties for violations that occurred in the United States.

For example, upon entering this country, Canadian and Mexican drivers must show a current record of duty status (RODS) for the previous 7 consecutive days. U.S. officials cannot penalize a driver for actions that occurred abroad, but failure to have the previous 7 days of RODS while in the U.S. is a violation of 395.8(k)(2). Additionally, Mexican and Canadian drivers of property-carrying commercial motor vehicles may not drive in the U.S. unless their last off-duty period (either here or abroad) amounted to 10 consecutive hours (or an authorized sleeper-berth equivalent). If such a driver took only 8 consecutive hours off duty in Mexico or Canada just before starting a trip into the U.S., he/she would be required to take 10 consecutive hours off duty immediately after entering this country.

Canadian and Mexican military and other government employees are NOT exempt from the HOS regulations. The general exemption in 390.3(f) applies only to U.S. federal, state, and local governments.