General HOS Questions
May the driver of a property-carrying vehicle be on duty for more than 14 hours?
Yes. A driver can continue to work beyond the end of the 14th hour of the day, but may not drive a commercial motor vehicle unless eligible to use a special exception. The additional on-duty time will reduce on-duty time available under the 60/70-hour time limit.
Do mechanics and other "occasional" drivers fall under the hours-of-service rules?
Yes, every driver of a commercial motor vehicle must comply with the hours-of-service rules. A driver is anyone who gets behind the wheel of a "commercial motor vehicle" as defined in 49 CFR §390.5 (or as defined in state regulations governing intrastate commerce). Drivers do not necessarily need a record of duty status (log) if they can claim a short-haul (150 air-mile) exception as described in 49 CFR §395.1(e).
What are "property-carrying" and "passenger-carrying" vehicles?
Under the federal hours-of-service regulations, any commercial motor vehicle (CMV) as defined in 49 CFR §390.5 that is not a "passenger-carrying" vehicle will be considered a "property-carrying" vehicle. If a driver is operating a CMV "designed or used to transport more than 8 passengers (including the driver) for compensation," or "designed or used to transport more than 15 passengers, including the driver, and is not used to transport passengers for compensation," then the driver would be considered to be "passenger-carrying" under the hours of service regulations - regardless of whether there were actually any passengers on the vehicle. This would include, for example, new buses being driven from manufacturer to dealer. If passengers (more than 8 or 15 depending on the circumstances) were being carried in the back of a straight truck, that truck would be "passenger-carrying" at that time.
If we cross a state line, can we still use the 150-air-mile radius exception?
Yes. Since the Federal Motor Carrier Safety Regulations apply to interstate commerce, crossing a state line does not affect the use of the 150 air-mile radius exceptions in §395.1(e). Keep in mind that if you are operating in intrastate commerce and following state-specific hours-of-service regulations, crossing the state line places you under federal regulations.
How should "waiting" time be logged?
"Waiting" time at a terminal, plant, or port may be recorded as off duty, sleeper berth, or on duty/not driving, depending on the circumstances. For "waiting" time to be off duty, the following conditions must be met:
- The driver must be relieved of all duty and responsibility for the care and custody of the vehicle, its accessories, and any cargo or passengers it may be carrying.
- During the stop, and for the duration of the stop, the driver must be at liberty to pursue activities of his/her own choosing.
If circumstances allow a driver to use a valid sleeper berth without being disturbed for a specific period of waiting time, that time in the sleeper berth may be recorded as "sleeper berth" time. In most other circumstances, such as when the driver is required to remain with the vehicle to move it when necessary, the waiting time should be recorded as "on duty/not driving."
If a driver takes a second job with a non-motor carrier, do those hours affect compliance with the hours-of-service rules?
Yes. Under 49 CFR §395.8(a), drivers must record their duty status for each 24-hour period, including all on-duty time. The definition of "on-duty time" in §395.2 includes "performing any compensated work for a person who is not a motor carrier." Therefore, all compensated work, whether for a motor carrier or not, must be included on the log as on-duty time and counted against the driver's available hours.
What are the penalties for violating the hours-of-service rules?
Drivers or carriers who violate the hours-of-service rules face serious penalties:
- Drivers may be placed out of service (shut down) at roadside until the driver has accumulated enough off-duty time to be back in compliance;
- State and local enforcement officials may assess fines;
- The driver's and carrier's scores under the Compliance, Safety, Accountability (CSA) enforcement program can take a hit, which could result in a variety of enforcement actions;
- The Federal Motor Carrier Safety Administration may levy civil penalties on the driver or carrier, ranging from several hundred dollars to many thousands of dollars per violation, depending on the severity;
- The carrier's safety rating can be downgraded for a pattern of violations; and
- Federal criminal penalties can be brought against carriers who knowingly and willfully allow or require hours-of-service violations.
Do fuel stops and tire checks need to be shown on the log? If so, how?
Any change in duty status must be logged on the driver’s record of duty status, including fuels stops, tire checks, and en-route inspections. These are all 'on-duty" activities. When using paper logs, short stops of less than 15 minutes can be "flagged" by drawing a line from the appropriate on-duty line to the Remarks section with the location and amount of time indicated. Federal hours-of-service regulations say that drivers have to indicate the location of each change in duty status, but there is no requirement to note what they were doing at that location. Many carriers require (through company policy) that their drivers note load checks ("LC") and/or tire checks ("TC") on their logs, as well a fuel stops.
Are drivers able to split their sleeper-berth time?
Yes, drivers may split their required off-duty time by using a sleeper-berth. Specifically, drivers of property-carrying commercial motor vehicles may accumulate the equivalent of 10 consecutive hours off duty by taking two separate periods of rest, provided that:
- One of the periods is at least 7 consecutive hours in a sleeper berth;
- The other period is at least 2 hours (taken either before or after the 7-hour period) spent either off duty, in a sleeper berth, or using any combination of the two;
- The two periods together add up to at least 10 hours.
- Driving time in the period immediately before and after each rest period, when added together, does not exceed 11 hours; and
- There is no driving after the 14-hour limit when considering all time before and after each qualifying break (that is, each qualifying break will “pause” the 14-hour clock)
Drivers of passenger-carrying vehicles may split their required 8-hour rest period into two separate periods, provided that:
- The two rest periods are spent entirely in a sleeper berth;
- Neither period is less than 2 hours;
- Driving time in the period immediately before and after each rest period, when added together, does not exceed 10 hours; and
- The on-duty time in the period immediately before and after each rest period, when added together, does not include any driving after the 15th hour.
How much driving can be done in one day?
The federal hours-of-service rules do not specifically limit the distance that can be driven in one day, but they do limit the number of hours that can be spent driving, as follows:
- Drivers of property-carrying commercial motor vehicles (CMVs) are limited to 11 hours of driving after having 10 consecutive hours off duty. However, this is not a "daily" limit. Under this provision, a driver could hypothetically drive for 11 hours, take 10 hours off, and drive for another 3 hours before the end of the 24-hour day.
- Drivers of passenger-carrying CMVs are limited to 10 hours of driving after having 8 consecutive hours off duty. In one 24-hour period, these drivers could hypothetically drive for 10 hours, take 8 hours off, and drive for another 6 hours.
Drivers using a 150 air-mile radius short-haul exception in 49 CFR §395.1(e) are not limited to driving 150 miles in one work shift. Rather, these exceptions limit the area in which driving may be done, but not the amount of driving that can be done within that area as long as there is no more than 10/11 hours of driving.
Finally, speed limits affect the distance that can be driven, and evidence that a driver has driven excessive distances can lead to a speeding violation. DOT hours of service guidelines state that, on average, drivers should be able to travel about 10 miles per hour below the speed limit over a 10-hour period. For example, if the speed limit is 65 mph, drivers should be able to travel about 550 miles in a 10-hour period, so a trip of 600 miles or more may open the driver to charges of speeding or log falsification. A review of the distance traveled and elapsed time between two points as recorded by an electronic logging device (ELD) can also be an indicator of speeding.
How does "personal use" of a commercial motor vehicle need to be recorded?
If a commercial motor vehicle (CMV) driver uses a CMV for personal conveyance, the time may be recorded as "off duty" if certain conditions are met. In particular, the driver must be relieved from work and all responsibility for performing work. Drivers may use personal conveyance to commute to and from work, for example, or to travel to local restaurants, shops, etc., if authorized by the motor carrier. A driver placed out of service for violating the hours-of-service regulations may not drive a CMV to any location to obtain rest.
Are drivers from Canada or Mexico affected by the U.S. Hours of Service rules?
Yes, if they operate in the United States. Drivers from Canada and Mexico who drive in the U.S. need to be in full compliance with the U.S. hours-of-service rules upon crossing the border, just like any U.S. driver. This includes needing an electronic logging device when required.
30-Minute Break
Does a truck driver need a 30-minute break every 8 hours of driving?
The 30-minute break provision says that a driver may not drive more than 8 hours without having a break from driving of at least 30 consecutive minutes. This interruption to driving may be spent off duty, in a sleeper berth, on duty, or using any combination of the three.
If a driver won’t be driving more than 8 hours in a day, does he or she need a break?
No, not under the federal HOS rules. No break is required for someone who does not drive more than 8 hours. The rules prohibit more driving for someone who has driven for 8 hours without having at least 30 consecutive minutes away from driving.
How do you log the 30-minute break?
To be counted as a valid break (for compliance with the 8-hour/30-minute rule), the 30-minute period may be spent "off duty," in a "sleeper berth," or "on duty/not driving." The key is that the driver must not be "driving" for at least 30 consecutive minutes.
Do short-haul drivers who are exempt from logging need the 30-minute break?
No. Drivers who qualify for one of the (150 air-mile) provisions in section 395.1(e) are NOT required to take the minimum 30-minute break.
Do oilfield drivers need the 30-minute break?
Yes. Drivers using either of the oilfield exceptions in Sec. 395.1(d) are required to comply with the 30-minute break requirement. Drivers eligible for the 24-hour restart provision in Sec. 395.1(d)(1) who also qualify for the 150 air-mile radius short-haul exception in Sec. 395.1(e) are not subject to the break requirement.
Do hazmat drivers need to take the mandatory break 30-minute break from driving?
Yes, unless they qualify for the short-haul exception in Sec. 395.1(e)(1). Note that the break may be spent “on duty,” so drivers hauling hazardous materials may attend to the load while getting their mandatory interruption to driving.
Does the 30-minute break apply to drivers of passenger-carrying vehicles?
No. The 30-minute break requirement only applies to property-carrying CMV drivers.
34-Hour Restart
Is the 34-hour restart provision optional?
Yes, the restart provision is optional. For example, a driver who works 8 hours per day, 7 days per week, would never need to use the restart provision because he/she would never reach the 60- or 70-hour limit. Drivers may continue to keep a running total or “recap” of their hours over the past 7 or 8 days and “do the math” each day to determine when they may need time off before driving again. In some cases, getting a restart will be the quickest way to get back on the road.
Does the 34-hour restart break have to be taken at the driver’s home?
No. The break can be taken in any location but it must be logged based on the time standard in effect at the driver’s home terminal.
How can truck drivers get a “restart” on their 60/70-hour limit?
Drivers of property-carrying commercial motor vehicles have the option to reset their accumulated on-duty time back to zero by getting a rest break of at least 34 consecutive hours. The break must be spent “off duty” and/or in a sleeper berth. Drivers may get a restart at any time, as often as they wish.
Can bus drivers “restart” their accumulated on-duty time under the 60/70-hour rule?
No. Under the hours of service regulations, drivers of passenger-carrying vehicles do not have the option for a restart.
FAQs
What is the 16 hour rule for Fmcsa HOS? ›
It is your “workday,” the time between your off-duty periods of at least 10 consecutive hours. You must be released from duty within 16 hours after coming on duty. 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).
What is the Fmcsa final rule for hours of service? ›60/70-Hour Limit
May not drive after 60/70 hours on duty in 7/8 consecutive days. A driver may restart a 7/8 consecutive day period after taking 34 or more consecutive hours off duty.
11-HOUR DRIVING LIMIT May drive a maximum of 11 hours after 10 consecutive hours off-duty. 14-HOUR DRIVING WINDOW May not drive beyond the 14th consecutive hour after coming on-duty, following 10 consecutive hours off-duty. Off-duty time does not extend the 14-hour period.
What are the most common hours of service violations? ›- Operating past allowed hours of on-duty driving limits. ...
- Operating past allowed hours of duty on-duty limits. ...
- Driving more than 60 hours in 7 days or 70 hours in 8 days. ...
- Inaccurate record of duty statuses. ...
- Falsifying logs.
Once the driver has reached the end of this 14-consecutive-hour threshold period, they cannot drive again until they have been off duty for another 10 consecutive hours, or the equivalent of at least 10 consecutive hours off duty.
How would you define the 16 hour rule? ›The DOT 16-Hour Rule: When and How Does It Apply? The 16-hour rule is a special exemption that allows certain drivers to remain on-duty for 16 hours instead of 14, but without extending the allowed 11 hours per day of driving.
What is the new 30 minute break rule FMCSA? ›When must a driver take a 30-minute break? Q: When must a driver take a 30-minute break? A: After 8-cumulative hours of driving without at least a 30-minute break.
Do local truck drivers have to keep a logbook? ›Do local drivers need a logbook? As a local driver, you will need a completed logbook for each day you drive within a bigger than 100 miles radius.
What is the difference between 24 hour restart and 34 hour restart? ›The 24 Hour Restart allows Drivers that haul in oil and gas field operations to get a restart after 24 hours instead of 34 hours. Motive Driver App allows Drivers to choose between 34 Hour Restart and 24 Hour Restart exception.
Does going off duty stop your 70 hour clock? ›The HOS regulations allow a driver to reset a 60-hour/70-hour clock after 34 or more consecutive hours off-duty. This period can be taken as off-duty, in sleeper berth, or a combination of both.
How does the 7 3 split work? ›
The 7/3 sleeper berth split: In a 7/3 split, you start with 7 consecutive hours off in sleeper berth status and then complete your required break by taking your next 3 hours later in the day. Similar to the 2/8 split, you can take a 3/7 sleeper berth as well.
Does 10 hours in sleeper berth reset your 14? ›At the end of the 10 consecutive hours of combined sleeper and/or off-duty time, a driver's 11-hour driving and 14- hour duty-period limits would completely restart. A driver may also use the sleeper berth to extend the 14-hour limit.
What is the most common violation with the dot? ›Speeding: This is a top ten DOT violation and one of the most common traffic infractions for all drivers.
What are the most common dot out of service violations? ›Improper Vehicle Maintenance: Something as simple as an oil leak could cause your vehicle to get movement-restricted with a DOT out of service order until corrections are made. Lights, brakes, and tires are the three most common violations in this area.
What is the hours of service compliance BASICs? ›The Hours-of-Service Compliance BASIC is one of seven categories that the FMCSA use to rank carriers in terms of Compliance, Safety and Accountability (CSA). This BASIC looks at regulations and related violations associated with HOS rules and records of duty status (RODS).
Does going off duty stop your clock? ›The break must be spent off duty or in a sleeper berth (or using a combination of the two). The time before and after the break cannot include any driving after the 11th hour of driving or after the 14th hour of time. The break itself can be excluded from the 14-hour calculation (i.e., it “pauses” the clock).
What is the 3 and 7 rule? ›Essentially for a 7/3 split, a driver has to stay in the sleeper berth for seven hours, and then spend another three hours relaxing somehow, or even going back into the berth.
How far back can dot check logs? ›How far back can the DOT check ELD logs? Depending on the type of document, DOT requires records to be anywhere from 12 months to three years.
How many hours can a local CDL driver drive? ›The maximum duty period is 12 hours. May drive the entire 12 hours.
What is the 16-hour log exception? ›The 16-hour rule is a special exemption that allows specific drivers to remain on-duty for 16 hours instead of 14, but without extending the allowed 11 hours per day of driving. This exemption applies to drivers that have started and stopped their workdays at the same location for the previous five workdays.
What is the 14 hour dot clock? ›
What is the 14-Hour Rule? The DOT 14-hour rule is a law that dictates how long a driver can work in a 24-hour time period. According to the rule, a driver must fit all of their drive time for the day into a 14-hour shift.
What is the 3 break rule? ›If you work over 10 hours, you are entitled to a third rest break. Rest breaks must to the extent possible be in the middle of each work period. If you work 8 hours or so, you should have a separate rest break both before and after your meal break.
Does yard move count toward 30-minute break? ›Does a Yard Move count toward my drive time? No, but it does count as on-duty not driving time. If a Yard Move is used mid rest-period, it will affect the off-duty break.
Does the 30-minute break count against the 14 hour clock? ›The 30-minute break does not extend the 14-hour driving window. These 30 minutes are deducted from your available 14-hour window. If you take your 30-minute break early, you may need to take more than one of these breaks during the day.
Can I use a paper log while waiting on ELD? ›ELD Rule Exceptions
As specified in the ELD rule, the following are not required to use ELDs (but carriers may choose to use ELDs even if they are not required): Drivers who use paper logs no more than 8 days during any 30-day period.
Guidance: A driver should only use paper logs, electronic logging software, or other electronic means to record their hours of service if the ELD malfunction hinders the accurate recording of the driver's hours of service data (i.e., 10/11, 14/15, 60/70 hours; or 30 minute).
How long can you run a paper logbook? ›Use paper logs for 8 days or less during any 30 day period.
Can I PC on my 34 hour reset? ›Can you use personal conveyance during your 34 hour reset? Yes, since a driver is “Off-Duty” while taking their 34 hour reset.
What is the minimum restart period? ›The FMCSA found that 34 hours provides the right amount of time for drivers to rest while still retaining flexibility for trucking companies. In their studies , the FMCSA found that 34-hours is the optimal amount of time to reduce fatigue-related fatalities and accidents due to exhaustion.
Can I use PC during a 34 hour reset? ›Understanding the FMCSA 34 Hour Reset Regulations
During this reset period, you can't perform any work or drive your truck, and the entire period must be spent in a sleeper berth or other location where you can get adequate rest.
What is the 8 and 2 split rule? ›
According to the new HOS rules, the 8/2 split states that a driver may drive for up to six hours, and then take a two-hour off-duty break before driving another five hours.
What is the Hos split break rule? ›The mechanics of split sleeper berth. Section 395.1(g) of the federal hours of service rules says that drivers whose trucks are equipped with a sleeper berth can obtain the “equivalent of a 10 hour off duty break” by taking 2 separate non-consecutive breaks that together equal at least 10 hours.
Is the 60 70 hour limit based on a rolling or floating 7 day or 8 day period? ›The 60/70-hour on-duty limit is based on a 7- or 8-day period, depending on your motor carrier's operation, starting at the time specified by your motor carrier for the start of a 24-hour period.
What is 7 3 and 8 2 split rule? ›A driver may use a 7/3-split (sleeper berth for 7 hours, 3 hours off-duty) or an 8/2 split (sleeper berth for 8 hours, off-duty for 2 hours). Commodity drivers are still prohibited from driving more than 11 hours inside the 14 hour window.
Does the 7 3 split have to be in the sleeper berth? ›According to the changes made in the hours-of-service rules, a driver must stay in the sleeper berth for seven consecutive hours, and then spend another three consecutive hours off duty (sleeping, eating, etc.) to fulfill the requirements of the sleeper berth.
What are the changes in the Fmcsa in 2023? ›The FMCSA Drug and Alcohol Clearinghouse will have accumulated three years of data in January 2023. That means motor carriers will no longer need to check with prior employers about driver applicants – the clearinghouse will hold the three years of data required by law.
Can you split sleeper berth 5 and 5? ›Recently, the Federal Motor Carrier Safety Administration (FMCSA) modified the hours-of-service regulations to allow two periods of sleeper berth time: either an 8/2 or 7/3 split.
Can you mix sleeper berth and off duty? ›Guidance: No. The 11 hours of driving time between the first and second sleeper berth periods must be considered in determining the amount of time that the driver may drive after the second sleeper berth period. Sleeper berths are intended to be used between periods of on-duty time.
Can a driver go off duty while being unloaded? ›The only time you're supposed to be allowed to not be on duty while waiting is if you've disconnected from your trailer and are free to leave the customer's property. That said, nobody does that, and most DOT inspectors will give you a pass for logging your time at the dock in the sleeper.
Is a missing quarter fender a dot violation? ›Quarter fenders are not required by DOT. So you can wait until you get to a terminal and have them change it. Just make sure and let someone know that it will need to be replaced.
What does Dvir stand for in trucking? ›
Subscribe. A DVIR is a Driver Vehicle Inspection Report, which needs to be completed daily by drivers for any commercial vehicle they operate, as specified by Federal Law 49 CFR 396.11 and 396.13 and enforced by the United States Department of Transportation (DOT) and Federal Motor Carrier Safety Administration (FMCSA) ...
What is the most common DOT inspection? ›Level I inspections are the most common and most thorough level of DOT inspections. During these checks, the DOT inspector looks at important documents, such as: the vehicle operator's commercial driver's license (CDL);
What are the two most common hours of service violations? ›- Operating past allowed hours of on-duty driving limits. ...
- Operating past allowed hours of duty on-duty limits. ...
- Driving more than 60 hours in 7 days or 70 hours in 8 days. ...
- Inaccurate record of duty statuses. ...
- Falsifying logs.
When your ABS stops functioning, your foundation brakes don't break. They still work. However, it is a violation in the regulations if your ABS is not functioning, or if your ABS malfunction lamp comes on and stays on, or doesn't come on at all. Enforcement people are not trained to test ABS.
Is a leaking wheel seal a dot violation? ›(1) Is a leaking inner wheel seal, without evidence of wet contamination of the brake friction material, a violation? ANSWER: Yes, If there is fresh or active leakage from the inner wheel seal and there is evidence that further leaking will occur. b.
What is the 14 hour rule CFR? ݤ 395.3 Maximum driving time for property-carrying vehicles.
(2) 14-hour period. A driver may not drive after a period of 14 consecutive hours after coming on-duty following 10 consecutive hours off-duty.
For example, if a driver operates a CMV and falsifies his or her RODS to conceal hours driven, then he or she is not complying with the HOS Compliance BASIC. Drivers should understand the importance of keeping their RODS current, accurate, and complete.
What are the 7 core requirements of a compliance program? ›- Policies & Procedures.
- Chief Compliance Officer/Compliance Committee.
- Education & Training.
- Reporting.
- Monitoring & Auditing.
- Enforcement.
- Responding To Issues.
Conditions for the 16-hour short-haul exemption to apply
Drivers can use the 16-hour exemption if all of the following occur: The driver returns to their work reporting location for that day as well as their last 5 workdays. The driver is released from work after coming on duty within 16 hours.
The rule of seconds advises that if you're driving below 40 mph, you should maintain at least one second of distance for each 10 feet of vehicle length. Over 40 mph, add an extra second. For a truck driver cruising in a longer, heavier vehicle, more space and time is needed.
What is the new short haul exemption for Fmcsa? ›
In September 2020, the FMCSA changed the short haul exemption to allow Commercial motor vehicle drivers to extend their maximum on-duty period from 12 hours to 14 hours. Additionally, they extended the range of the exception from a 100 air mile radius to a 150 air mile radius.
How do you get through a 16-hour drive? ›- Get plenty of sleep before your drive. Think about exhaustion before you begin your journey, not after. ...
- Bring healthy road trip snacks. ...
- Stay hydrated. ...
- Plan your rest stops. ...
- Chew gum. ...
- Use energizing scents. ...
- Sit up straight. ...
- Keep passengers entertained.
As a general rule, it's safe to drive for no longer than eight hours a day, taking breaks of at least 15 minutes every two hours. This means you can safely drive for around 500 miles, not taking into account external factors such as slowing for tolls, traffic, travelling with children, and tiredness.
What is a 7 second rule? ›When you're in a business situation, it's very important to decide fast. If you think too much about it, someone else might take the opportunity. The 7-second rule is a rule that insists that you should decide within 7 seconds on whether you want to do something or not.
What is the 5th second rule? ›“The 5 Second Rule is simple. If you have an instinct to act on a goal, you must physically move within 5 seconds or your brain will kill it. The moment you feel an instinct or a desire to act on a goal or a commitment, use the Rule.
What is the 3 second rule? ›A general rule that helps many drivers maintain safe following distances is the “three-second rule.” It requires leaving three seconds of space between your vehicle and the vehicle driving in front of you.
How many hours needed for restart? ›The 34-hour restart rule, often referred to as the 34-hour reset rule, enables drivers to reset their 60-hour or 70-hour clocks after taking 34 consecutive hours off duty.
How many 34 hour restart can be taken in one week? ›A driver may restart a 7/8 consecutive day period after taking 34 or more consecutive hours off duty. The truck driver 34-hour reset is a way for drivers to reset their workweek and 60/70 hour clock by taking 34 consecutive hours off work, either spent off-duty or in the sleeper berth.
What is the most you can haul without a CDL? ›The federal requirement specifies that, when a vehicle has a GVWR of 26,000 pounds or less, the operator does not need a CDL license.
What are the new FMCSA regulations 2023? ›Drug & Alcohol Clearinghouse revelations.
The FMCSA Drug and Alcohol Clearinghouse will have accumulated three years of data in January 2023. That means motor carriers will no longer need to check with prior employers about driver applicants – the clearinghouse will hold the three years of data required by law.