Mandatory break

Scope

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

Regulatory citations

• 49 CFR 395.3(a)(3)(ii) — Interruption of driving time

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 transporting hazardous materials of a type or quantity which requires placarding.

Summary of requirements

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

This interruption in driving status must be at least 30 consecutive minutes long and can be satisfied with either off-duty, sleeper-berth, or on-duty (not driving) time or any combination of those. 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 intent is to get drivers out from behind the wheel before they exceed 8 hours of (nearly uninterrupted) driving.

Keep in mind:

• The break counts against the driver’s 14-hour limit.
• 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 limit 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.

Exceptions: There are exceptions to this requirement for certain industries and operations.

• Short-haul provisions. Drivers who qualify for either of the short-haul exceptions in 395.1(e) are not required to comply with the mandatory break provision.
• Commercial bee transport. Drivers engaged in interstate transportation of bees by CMV are not required to comply with the mandatory break provision when bees are on the vehicle.
• Livestock transport. Drivers engaged in interstate transportation of livestock by CMV are not required to comply with the mandatory break provision when livestock are on the vehicle.