Driver rest breaks

Scope

The requirement for 30-minute breaks applies to drivers of property-carrying commercial motor vehicles (CMVs). Drivers of passenger-carrying CMVs are exempt.

Regulatory citations

• 49 CFR 395.1 - Scope of rules in this part
• 49 CFR 395.3 - Maximum driving time for property-carrying vehicles

Key definitions

Commercial Motor Vehicle A self-propelled or towed vehicle used on a highway in interstate commerce when the vehicle:

• 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 that requires placarding.

Driving Time All time spent at the driving controls of a commercial motor vehicle in operation.

Summary of requirements

Drivers of property-carrying commercial motor vehicles (CMVs) are prohibited from driving for more than 8 hours without taking a 30-minute break from driving.

The break requirement, found in 395.3(a)(3)(ii), says that CMV driving is not permitted if more than 8 hours of driving time have passed without at least a consecutive 30-minute interruption in driving status.

This 30-minute interruption may consist of off-duty time, sleeper-berth time, on-duty/not-driving time, or any combination of the three. As long as the driver is not driving for 30 consecutive minutes, it will satisfy the break requirement. For example, a driver who stops for 15 minutes to fuel the truck (on duty/not driving) and then spends 15 minutes getting lunch (off duty) has met the requirement for a break.

The 8 hours are not consecutive but cumulative, and start accumulating as soon as a driver starts driving after having 10 hours off. Whenever a driver has 30 consecutive minutes away from driving, the break requirement has been satisfied. Once a driver accumulates 8 hours of driving time without such a break, a 30-minute break is required before there can do any more CMV driving.

For example: A driver goes on duty after having 10 hours off. He or she drives for one hour, is “on duty/not driving” for 2 hours, drives for 4 hours, takes 15 minutes off, and drives for another 4 hours. At that point, the driver has driven for exactly 8 hours without a 30-minute interruption, so a break is required before there can be any more driving. The 8-hour “clock” began with the first hour of driving but was then reset with 2 hours away from driving. Then, the driver drove for 8 hours with only a 15-minute interruption.

Keep in mind:

• A break is only required of drivers who drive a CMV for more than 8 hours without having at least 30 consecutive minutes away from driving.
• The break must be at least 30 consecutive minutes but can be spent performing any activity other than driving, including work activities.
• A 30-minute break will not stop the 14-hour clock.
• Drivers do not have to wait until 8 hours of driving are complete before taking the break. Whenever a driver has at least 30 minutes away from driving, the 8-hour rule is reset.
• Drivers are not required to enter any special notes on their logs to specify when they took a break from driving, even if they have multiple 30-minute breaks.
• Part or all of the break may be spent driving a CMV in an off-highway area (i.e., a “yard move”) or for purposes of personal conveyance (“personal use”), since neither of those is recorded as “driving” time. The intent of the rule, however, is to take drivers away from the driving task as a way to reduce fatigue.

Exceptions

The 30-minute break requirement does not apply to:

• Drivers who are eligible for either of the short-haul exceptions in 395.1(e).
• Drivers transporting livestock or bees (but the exemption no longer applies once the livestock or bees are unloaded).
• Drivers of specialized oversize loads moving in interstate commerce that require a government-issued permit.
• Drivers operating mobile cranes with a rated lifting capacity of greater than 30 tons.