What Are the Hours-of-Service Limits?

The hours-of-service regulations focus on when and how long you are allowed to drive by placing specific limits on the amount of time you drive your truck and how many total hours you can work before you are no longer permitted to drive a commercial motor vehicle. You must follow three maximum duty limits at all times. They are the 14-hour “driving window” limit, 11-hour driving limit, and 60-hour/7-day and 70-hour/8-day duty limits.

14-Hour Driving Window (This regulation is found in Section 395.3(a)(2)):

  This window is usually thought of as a “daily” limit even though it is not based on a 24-hour period. You are allowed a period of 14 consecutive hours in which to drive up to 11 hours after being off duty for 10 or more consecutive hours. The 14-consecutive-hour driving window begins when you start any kind of work. Once you have reached the end of this 14-consecutive-hour period, you cannot drive again until you have been off duty for another 10 consecutive hours, or the equivalent of at least 10 consecutive hours off duty.

   Your driving is limited to the 14-consecutive-hour period even if you take some off-duty time, such as a lunch break or a nap, during those 14 hours.

**NOTE**

If you have a sleeper berth in your vehicle, you may be able to use it to get the required rest and to extend the 14-hour limit. Sleeper-berth provisions will be discussed later in this section.

Example:

You have had 10 continuous hours off and you come to work at 6:00 a.m. You must not drive your truck after 8:00 p.m. that evening, which is 14 hours later. You may do other work after 8:00 p.m., but you cannot do any more driving until you have taken another 10 consecutive hours off, or the equivalent of at least 10 consecutive hours off duty.

11-Hour Driving Limit ( This regulation is found in Section 395.3(a)(3) ):

During the 14-consecutive-hour period explained above, you are only allowed to drive your truck for up to 11 total hours. Once you have driven a total of 11 hours, you have reached the driving limit and must be off duty for 10 consecutive hours (or equivalent) before driving your truck again. 

Example:

You have had 10 consecutive hours off. You come to work at 6:00 a.m. and drive from 7:00 a.m. until 2:00 p.m. (7 hours driving). You take a 30-minute break as required, and then can drive for another 4 hours until 6:30 p.m. You must not drive again until you have at least 10 consecutive hours off duty. You may do other work after 6:30 p.m., but you cannot do any more driving of a commercial motor vehicle on a public road.

Thirty-Minute Rest Break :

The hours-of-service regulations require that if more than 8 consecutive hours have passed since the last off-duty (or sleeper-berth) period of at least half an hour, a driver must take an off-duty break of at least 30 minutes before driving.

FMCSA does not enforce the 30-minute rest break provision [49 CFR 395.3(a)(3)(ii)] against any driver who qualifiesfor either of the “short haul operations” exceptions outlined in 49 CFR 395.1(e) (1) or (2). Specifically, the following drivers are not subject to the 30-minute break requirement:

(1) All drivers (CDL and non-CDL) who operate within 100 air-miles of their normal work reporting location and satisfy the time limitations and recordkeeping requirements of 395.1(e)(1).

This exception (395.1(e)(1)) applies for any day in which a driver:

     => Drives within a 100 air-mile radius of his/her normal work reporting location;

     => Returns to his/her work reporting location and is released within 12 consecutive hours; and 

     => Follows the 10-hour off-duty and 11-hour driving requirements for property-carrying CMVs.

(2) Non-CDL drivers who operate within a 150 air-mile radius of the location where the driver reports for duty and satisfy the time limitations and recordkeeping requirements of 395.1(e)(2) are also exempt from the 30-minute rest break. 

60/70-Hour Duty Limit :

 An addition to the limits that are explained above is the 60/70-hour limit. This limit is based on a 7 or 8-day period, starting at the time specified by your motor carrier for the start of a 24-hour period. 

You are required to follow one of these two limits:

1. If your company does not operate vehicles every day of the week, you are not allowed to drive a commercial motor vehicle after you’ve been on duty 60 hours during any 7 consecutive days. Once you reach the 60-hour limit, you will not be able to drive a commercial motor vehicle again until you have dropped below 60 hours for a 7-consecutive-day period. You may do other work, but you cannot do any more driving until you are off duty enough days to get below the limit. Any other hours you work, whether they are for a motor carrier or someone else, must be added to the total.

2. If your company does operate vehicles every day of the week, your employer may assign you to the 70-hour/8-day schedule. This means that you are not allowed to drive a commercial motor vehicle after you’ve been on duty 70 hours in any 8 consecutive days. Once you reach the 70-hour limit, you will not be able to drive again until you have dropped below 70 hours for an 8-consecutive-day period. You may do other work, but you cannot do any more driving until you get below the limit. Any other hours you work, whether they are for a motor carrier or someone else, must be added to the total.

34-Hour Restart :

            The hours-of-service regulations allow you to “restart” your 60- or 70-hour clock calculations by taking 34 or more consecutive hours off duty (or in the sleeper berth) or some combination of both. After you have taken at least 34 consecutive hours off duty, you have the full 60 or 70 hours available again. The use of a “valid” 34-hour restart resets a driver’s “weekly” hours back to zero. In addition, an individual may perform other on-duty tasks, such as loading or unloading and paperwork, after reaching the 60/7 or 70/8 hour limits. They simply may not legally drive a commercial motor vehicle (CMV) on a public road when the limit has been reached. The 34-hour restart is an optional, not a mandatory regulatory provision. 

What Is On-Duty Time?  ( The definition of on-duty time is found in Section 395.2 )

            The 60-hour/7-day limit and 70-hour/8-day limit are based on how many hours you work over a period of days. Just what kind of work is included in on-duty time? It includes all time you are working or are required to be ready to work, for any employer. It includes the following activities:

1.  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 you have been relieved from duty by the motor carrier;
2.  All time inspecting, servicing, or conditioning any truck, including fueling it and washing it at any time;
3.  All driving time, as defined in the term driving time;
4.  All other time in or on a commercial motor vehicle other than: (i) Time spent resting in or on a parked vehicle, except as otherwise provided in Section 397.5 of the Federal Motor Carrier Safety Regulations; (ii) Time spent resting in a sleeper berth; (iii) Up to 2 hours riding in the passenger seat of a property-carrying vehicle moving on the highway immediately before or after a period of at least 8 consecutive hours in the sleeper berth;
5.  All time loading, unloading, supervising, or attending your truck; or handling paperwork for shipments;
6.  All time taking care of your truck when it is broken down;
7.  All time spent providing a breath,saliva, or urine sample for drug/ alcohol testing, including travel to and from the collection site;
8.  All time spent doing any other work for a motor carrier, including giving or receiving training and driving a company car; and
9.  All time spent doing paid work for anyone who is not a motor carrier, such as a part-time job at a local restaurant. The bottom line is that on-duty time includes all time you are working for a motor carrier, whether paid or not, and all time you are doing paid work for anyone else.

What Is Off-Duty Time?

            By understanding the definition of on-duty time, you will get a good idea of what is considered off-duty time. In order for time to be considered off-duty, you must be relieved of all duty and responsibility for performing work. You must be free to pursue activities of your own choosing.

If you are not doing any work (paid or unpaid) for a motor carrier, and you are not doing any paid work for anyone else, you may record the time as off-duty time.

On-Duty Time In a Commercial Motor Vehicle :

            The Federal Motor Carrier Safety Administration (FMCSA) excludes from the definition of on-duty time any time resting in a parked commercial motor vehicle. Also excluded is up to 2 hours in the passenger seat of a moving commercial motor vehicle, immediately before or after 8 consecutive hours in the sleeper berth. This rule continues to require drivers to take 8 consecutive hours in the sleeper berth, and allows them to take an additional 2 hours in the passenger seat when the vehicle is moving, without artificially confining them to the sleeper berth for the entire 10-hour period. This provides team drivers an opportunity to “keep the truck moving” by having driver A drive for 10 hours (not consecutively with a 30-minute break required at the 8th hour) while driver B obtains a full daily rest period without having to stay in the sleeper berth for 10 straight hours. Driver B can take 8 hours in the sleeper berth and 2 hours in the passenger seat to accomplish the required off-duty period. Then the drivers may change positions and keep the truck moving. This reversal pattern could continue until either driver reaches the maximum limit of 60 or 70 hours on duty in any 7 or 8 day period. It bears noting that only the first 2 hours in the passenger seat of the commercial motor vehicle can be combined with the 8 hours in the sleeper berth to get the required 10 consecutive hours off-duty. Any hours spent in the passenger seat after these 2 hours count – and are properly logged as – on-duty (not driving) time. 

Travel Time : ( The regulation on travel time is found in Section 395.1(j) )

“Travel time” refers to the time you are being transported to a new location as part of your job, while not performing any driving on the trip. Any travel time you do at the direction of your motor carrier is considered on-duty time. However, if you take at least 10 consecutive hours off duty once you get to your destination, you may count all of the time, including the travel time, as off-duty. 

What Is Off-Duty Time?

you must be relieved of all duty and responsibility for performing work. You must be free to pursue activities of your own choosing. If you are not doing any work (paid or unpaid) for a motor carrier, and you are not doing any paid work for anyone else, you may record the time as off-duty time. 

What Is the Adverse Driving Conditions Exception? ( This regulation is found in Section 395.1(b) )

            If unexpected adverse driving conditions slow you down, you may drive up to 2 extra hours to complete what could have been driven in normal conditions. This means you could drive for up to 13 hours, which is 2 hours more than allowed under normal conditions. Adverse driving conditions mean things that you did not know about when you started your run, like snow, fog, or a shut-down of traffic due to a crash. Adverse driving conditions do not include situations that you should have known about, such as congested traffic during typical “rush hour” periods. Even though you may drive 2 extra hours under this exception, you must not drive after the 14th consecutive hour after coming on duty, and you must comply with the minimum 30-minute rest break provisions. 

What Is the Non-CDL Short-Haul Exception? ( This regulation is found in Section 395.1(e)(2) )

            If you drive short distances in a truck that does not require a commercial driver’s license (CDL), you might be able to use the non-CDL short-haul exception. This short-haul exception allows you to extend the 14-hour driving window to 16 hours on 2 days in a 7-consecutive-day period or after any 34-hour restart and does not require you to keep a logbook. FMCSA does not enforce the 30-minute rest break provision [49 CFR 395.3 (a)(3)(ii)] against any driver who qualifies for this short-haul exception.

You can only use this exception if you:

1. Drive a truck that is a “commercial motor vehicle” but does not require a CDL, and
2. Work within a 150 air-mile radius (see p. 3 for explanation of “air miles”) of your normal work reporting location and return there each day.

If you meet the criteria for using the non-CDL short-haul exception:

1. You must not drive for more than 11 hours following 10 consecutive hours off duty;
2. You must not drive past the 14th hour after coming on duty 5 days in any period of 7 consecutive days; and
3. You must not drive past the 16th hour after coming on duty 2 days in any period of 7 consecutive days.
4. You must not drive after being on duty 60 hours in any 7 consecutive days or 70 hours in any 8 consecutive days (unless you took 34 consecutive hours off to restart a 7/8-day period that meets the conditions listed above).

Under this exception you are not required to keep a log book, but your company must keep accurate and true time records for 6 months showing: 1) the time the driver reports for duty each day; 2) the total number of hours the driver is on duty each day; 3) the time the driver is released from duty each day; and 4) the total time for the preceding 7 days in accordance with Section 395.8(j)(2) for drivers used for the first time or intermittently. If you come under this exception you are not eligible for the 100 air-mile radius exception, 16-hour short-haul exception, or the split sleeper-berth provision.

What Is the 16-Hour Short-Haul Exception? ( This regulation is found in Section 395.1(o) )

If you usually come back to your work-reporting location and go home at the end of your workday, you might be able to use the 16-hour short-haul exception. This exception allows you to extend the 14-consecutive-hour driving window to 16 hours once every 7 consecutive days. In order to use this exception, you must do the following:

1. You must return to your work reporting location that day, as well as for your last 5 duty tours. A duty tour is the period of time from when you come to work to when you leave work. It is your “workday,” the time between your off-duty periods of at least 10 consecutive hours.
2. You must be released from duty within 16 hours after coming on duty.
3. You must only use this exception once every 7 consecutive days (unless you took 34 consecutive hours off to restart a 7/8-day period). You may not use this exception if you qualify for the “Non-CDL Short Haul Exception” explained earlier.

Exceptions From the Hours-of-Service Regulations

 Note: Items in BOLD are complete HOS exemptions. Others are primarily from logbooks.