FMCSA Hours of Service For Truck Drivers

What Are the Hours-of-Service Regulations?

As the driver of a large, heavy truck, you have a lot of responsibility as you drive down the road. The biggest concern is safety. That brings us to the main reason for the hours-of-service regulations — to keep fatigued drivers off the public roadways. These regulations put limits in place for when and how long you may drive, with the idea that these limits will help make sure that you stay awake and alert while driving.
The hours-of-service regulations are found in Part 395 of the Federal Motor Carrier Safety Regulations. These regulations are developed and enforced by the Federal Motor Carrier Safety Administration, which is part of the United States Department of Transportation. (States may have identical or similar regulations, as we will explain later.)

Who Must Comply With the Hours-of-Service Regulations?

You must follow the hours-of-service regulations if you drive a commercial motor vehicle. Just what is a commercial motor vehicle?
In general it is a truck, or truck-tractor with a trailer, that:

• Is involved in interstate commerce and weighs (including any load) 10,001 pounds (4,536 kg) or more.
• Is involved in interstate commerce and has a gross vehicle weight rating or gross combination weight rating of 10,001 pounds (4,536 kg) or more.
• Is involved in interstate or intrastate commerce and is transporting hazardous materials in a quantity requiring placards.

We will describe these terms in greater detail in the next sections of this document.

**NOTE** There are exceptions to certain hours-of-service requirements for some operations. These will be covered later in this section.
**NOTE** Be aware that we are only talking here about the hours-of-service regulations. For other areas of regulation, the definition of commercial motor vehicle will vary, for example drug and alcohol regulations and commercial driver’s license (CDL) requirements.

Interstate/Intrastate Commerce
To help you understand the definition of a commercial motor vehicle, let’s talk about the meanings of interstate commerce and intrastate commerce. Commerce deals with buying and selling goods and services. It also deals with moving those goods from place to place or going somewhere to perform the service. Basically any work done in support of a business is considered to be commerce.

Interstate commerce means the goods have traveled into or through another State or country or someone has gone into another State or country to perform the service. Even if your truck does not leave your State, but the goods have or will, the transportation is usually considered to be in interstate commerce. Interstate commerce means the goods have left their home State or the person performing a service has left his or her home State.

If you operate in interstate commerce once in a while, you are not required to comply with the Federal hours-of-service regulations all of the time. You must follow the Federal hours-of-service regulations while you are operating in interstate commerce. At the point you start driving in interstate commerce you must have logs with you for your last 7 days (unless you were not required to log).
You must also follow the Federal hours-of-service regulations for a short period of time after you finish operating in interstate commerce. If you were using the 60-hour/7-day schedule, you must follow the Federal hours-of-service regulations for the next 7 days after you finish operating in interstate commerce. If you were using the 70-hour/8-day schedule, you must follow the Federal hours-of-service regulations for the next 8 days after you finish operating in interstate commerce.

Intrastate commerce means the goods and services stay within a single State. The goods and services
do not leave their State.
If you are operating in intrastate commerce only and are not hauling hazardous materials requiring
a placard, the Federal regulations do not apply to you. However, most States have regulations that are similar or identical to the Federal Regulations. To determine what State safety requirements
you must follow, you should contact the appropriate state agency. This is usually the State police, highway patrol, or an office within the State’s department of transportation.
Sometimes your truck may be empty. In these cases your truck is still considered to be in commerce
because it is being used to support a business. Even if it is empty, you are considered to be operating in interstate commerce, if you go outside of your State. If the truck is empty and you are operating inside your State, you are operating in intrastate commerce.

Personal Use of a Commercial Motor Vehicle
It is possible that occasionally you may not use a truck in commerce at all. You may be moving your personal belongings to a new house or, as a hobby you may be taking your horses to a horse show. As long as the activity is not in support of a business, you are not operating in commerce.
If you are not operating your truck in commerce, you are not subject to the hours-of-service regulations.

Weight Ratings
A vehicle can be a commercial motor vehicle based on what it actually weighs or on what its weight rating is, whichever is greater. To find the gross vehicle weight rating of a truck or tractor, open the driver’s door and look for a plate on the door frame. In some models, the plate might be inside the glove box. To find the gross weight rating of a towed unit, look for a plate on the front of the trailer. If the trailer has a tongue, the plate might be on the tongue of the trailer. Your truck may have a gross combination weight rating posted in the same manner as the gross vehicle weight rating. If it does not, to figure the gross combination weight rating add the gross vehicle weight rating of the truck or tractor and the actual weight of the trailer and its load.

Air Miles and Statute Miles
In the short-haul exceptions to the hours-of-service regulations, you will see the term “air miles.” This is a different measurement of a mile than what is used for statute miles on a roadmap.

An air mile is longer than a statute mile. There are 6,076 feet in an air mile and 5,280 feet in a statute mile. One-hundred air miles is equal to 115.08 statute miles.
Therefore, a 100 air-mile radius from your work reporting location can be figured as 115.08 statute,
or “roadmap,” miles (185.2 km) from your work reporting location. A 150 air-mile radius from your work reporting location can be figured as 172.6 statute miles (277.8 km).

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 duty limit, 11-hour driving limit, and 60/70-hour duty limit.

14-Hour Duty Limit
This limit 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 of duty time after being off duty for 10 or more consecutive hours. The 14-consecutive-hour duty period 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.

You driving is limited to the 14-consecutive-hour duty 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.

This regulation is found in Section 395.3(a)(2).

11-Hour Driving Limit
During the 14-consecutive-hour duty period explained above, you are only allowed to drive your truck for up to 11 total hours. There is no limit on how many of those hours you are allowed to drive at one time — you may drive for as little as a few minutes or as much as 11 hours in a row. Once you have driven a total of 11 hours, you have reached the driving limit and must be off duty for another 10 consecutive hours before driving your truck again.

This regulation is found in Section 395.3(a)(1).

60/70-Hour Duty Limit
In addition to the first two limits, which are explained above, is the 60/70-hour limit. This limit is based on a 7-day or 8-day period, starting at the time specified by your motor carrier for the start of a 24-hour period. This limit is sometimes thought of as a “weekly” limit. However, this limit is not based on a “set” week, such as Sunday through Saturday. The limit is based on a “rolling” or “floating” 7-day or 8-day period. The oldest day’s hours drop off at the end of each day when you calculate the total on-duty time for the past 7 or 8 days. For example, if you operate on a 70-hour/8-day schedule, the current day would be the newest day of your 8-day period and the hours you worked nine days ago would drop out of the calculation.

You are required to follow one of these two “weekly” limits:

• If your company does not operate vehicles every day of the week, you are not allowed to drive 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 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.
• 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 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 8consecutive-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 regulations allow you to “restart” your 60 or 70-hour clock calculations after having at least 34 consecutive hours off duty. In other words, after you have taken at least 34 hours off duty in a row, you have the full 60 or 70 hours available again. You would then begin counting hours on the day of the restart and not go back the full 7 or 8 days

What Is On-Duty Time?

The 60/70-hour limit is 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:

• All time at a plant, terminal, or other facility of a motor carrier or shipper, unless you have been relieved from duty by the motor carrier;
• All time inspecting or servicing your truck, including fueling it and washing it;
• All driving time;
• All other time in a truck unless you are resting in a sleeper berth;
• All time loading, unloading, supervising, or attending to your truck; or handling paperwork for shipments;
• All time taking care of your truck when it is broken down;
• All time spent providing a breath, saliva, or urine sample for drug/alcohol testing, including travel to and from the collection site;
• All time spent doing any other work for a motor carrier, including giving or receiving training and driving a company car; and
• 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.

The definition of on-duty time is found in Section 395.2.

Travel Time
“Travel time” refers to you being transported to a new location as part of your job, but you are not performing any of the 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

The regulation on travel time is found in Section 395.1(j).

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 and be able to leave the place where your vehicle is parked. 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 I s the Adverse Driving Conditions Exception?

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 dr ive 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.

This regulation is found in Section 395.1(b).

What Is the Non-CDL Short-Haul Exception?

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-consecutive-hour duty period 2 days in a 7-consecutive-day period or after any 34-hour restart.
You can only use this exception if you:

• Drive a truck that does not require a CDL, and
• Work within a 150 air-mile radius (see p. 2 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:

• You must not drive for more than 11 hours following 10 consecutive hours off duty;
• You must not drive past the 14th hour after coming on duty 5 days in any period of 7 consecutive days; and
• You must not drive past the 16th hour after coming on duty 2 days in any period of 7 consecutive days.
• 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).

Under this exception you are not required to keep a log book, but your company must keep a time record for 6 months showing the times your duty period began and ended and your total hours on duty for the day.

If you come under this exception you are not eligible for the 100 air-mile radius exception, 16hour short-haul exception, or the split sleeper berth provision.

This regulation is found in Section 395.1(e)(2).

What Is the 16-Hour Short-Haul Exception?

• 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 duty period once every 7 consecutive days. In order to use this exception, you must do the following:
• 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.
• 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).

You may not use this exception if you qualify for the “Non-CDL Short Haul Exception” explained earlier.

This regulation is found in Section 395.1(o).

How Does the Sleeper Berth Provision Work?

If you drive a truck that has a sleeper berth that meets the requirements of the safety regulations, you may use it to get the required off-duty time in three ways:

1. You may spend time in your sleeper berth to get some of, or all of, the 10 consecutive hours of off-duty time. When getting your 10 consecutive hours of off-duty time, what is most important is that you do not go on duty or drive during those 10 hours. At the end of the 10 consecutive hours of combined sleeper and/or off-duty time, your 11-hour driving and 14-hour duty-period limits would completely restart.
2. You may also use the sleeper berth to extend the 14-hour limit. Any period in the sleeper berth of at least 8 consecutive hours will not count as part of the 14 hours, and, therefore, would allow you to extend the time during which you could use your maximum 11 hours of driving.
3. You may also use the sleeper berth in a different way to get the “equivalent of at least 10 consecutive hours off duty.” To do this, two rest periods are required. You must spend at least one of the two required rest periods in your sleeper berth. The required rest period in the sleeper berth must be at least 8 consecutive hours (but less than 10 consecutive hours). This rest period will not count as part of the 14 hours. The other, separate, rest period must be at least 2 consecutive hours (but less than 10 consecutive hours). This rest period may be spent in the sleeper berth, off duty, or sleeper berth and off duty combined. It will count as part of the 14 hours (unless you spend at least 8 consecutive hours in the sleeper berth). It does not matter which rest period you take first. After you complete your second required rest period, you will have a new point on the clock from which to calculate your hours available. This new “calculation point” will be at the time you completed your first required rest period.

Remember that you are allowed to do non-driving work after the 14-hour limit is reached, just no more truck driving (but the additional time would count toward your weekly 60- or 70-hour limit).

Each time you take one of the two required rest periods, you will need to recalculate the on-duty and driving hours available. You could continue using the sleeper berth regulation and recalculating your hours available until you have 10 consecutive hours off duty. After 10 consecutive hours off duty, you have 11 hours of driving time and 14 consecutive hours of duty time available again.

This regulation is found in Section 395.1(g).

What Is a “Driver’s Daily Log”?

Now that we have finished talking about the hours of service limits, it’s time to talk about what you must do to keep track of your time. This is done in written form, unless your time is being recorded electronically using an automatic on-board recording device, which we will explain later.

The written form you must fill out as you do your work is called the “record of duty status.” Common names for this form are the driver’s daily log, log, or logbook. You do not have to fill out a log if you come under an exception. Logbook exceptions will be discussed later.

Everything you write on the log must be true and correct. You must make all of your own entries (unless something has been preprinted on the log). You must fill out an original and one copy of your log.

You must account for every day on your log, even days off, unless you are covered by a logbook exception on any of the days. The log must cover all 24 hours of every day. (Each 24-hour page of your logbook does not have to have a grid starting at midnight; there are provisions for your employer to designate a different starting time for each 24-hour period.)

Authorized government inspectors may check your logs at any time. You must have a log for each day of the last 8 days that you were required to log (you might have been under an exception on some of those days). The current day’s log must be current to your last change of duty status. Inspectors check your logs to see if you have violated the hours-of-service regulations. Violations of the hours-of-service regulations can result in being fined and/or placed out of service.

This regulation is found in Section 395.8.

Who Must Complete a Log?

Any person who is subject to the safety regulations and drives a commercial motor vehicle (CMV) must complete a logbook page for any day that includes CMV driving and for the prior 7 days (unless under an exception on some of those days). There are two general exceptions, as described below.

100 Air-Mile Radius

You are not required to fill out a log with a graph grid if you come under the 100 air-mile radius exception (see p. 2 for explanation of “air miles”). The 100 air-mile radius exception applies for any day in which you:

• Drive within a 100 air-mile radius of your normal work reporting location,
• Return to your work reporting location and are released within 12 consecutive hours, and
• Follow the 10-hour off-duty and 11-hour driving requirements.

Your motor carrier must keep time records of the times you report for and are released from work each day, and the total hours on duty each day. You do not have to have these records in your truck.

This exception is optional. For example, you and your employer may choose to use a logbook even though you are within the 100 air-mile radius, so that you do not have to be released from work within 12 hours that day.

This regulation is found in Section 395.1(e)(1).

Non-CDL Short-Haul

You are not required to fill out a log with a graph grid if you come under the non-CDL short-haul exception. The non-CDL short-haul exception applies on days when you:

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

Your motor carrier must keep time records of the times you report for and are released from work each day, and the total hours on duty each day.

This regulation is found in Section 395.1(e)(2).

What Must the Log Include?

The regulations do not say what the log form must look like. However, it must include a 24-hour graph grid, which is shown in the regulations, and the following information on each page:

Date. You must write down the month, day, and year for the beginning of each 24hour period. (Multiple consecutive days off duty may be combined on one log page, with an explanation in the “Remarks.”)

• Total miles driving today. You must write down the total number of miles you drove during the 24-hour period.
• Truck or tractor and trailer number. You must write down either the vehicle number(s) assigned by your company, or the license number and licensing state for each truck (and trailer, if any) you drove during the 24-hour period.
• Name of carrier. You must write down the name of the motor carrier(s) you are working for. If you work for more than one carrier in a 24-hour period, you must list the times you started and finished work for each carrier.
• Main office address. You must write down your carrier’s main office address.
• Your signature. You must certify that all of your entries are true and correct by signing your log with your legal name or name of record.
• Name of co-driver. You must write down the name of your co-driver, if you have one.
• Time base to be used. You must use the time zone in effect at your home terminal. Even if you cross other time zones, record time as it is at your terminal. All drivers operating out of your home terminal must use the same starting time for the 24-hour period, as designated by your employer.
• Remarks. This is the area where you must list the city, town, or village, and state abbreviation when a change of duty status occurs. You should also explain any unusual circumstances or log entries that may be unclear when reviewed later, such as encountering adverse driving conditions.
• Total hours. You must add and write down the total hours for each duty status at the right side of the grid. The total of the entries must equal 24 hours (unless you are using one page to reflect several consecutive days off duty).
• Shipping document number(s), or name of shipper and commodity. For each shipment, you must write down a shipping document number (such as a shipping manifest number) or the name of the shipper and what you are hauling.

The “Remarks”

Each time you change your duty status, you must write down the name of the city, town, or village,
and state abbreviation, in the Remarks section. If the change of duty status takes place at a location other than a city, town, or village, you must show one of the following:

• The highway number and the nearest milepost followed by the name of the nearest city, town, or village and state abbreviation,
• The highway number and the name of the service plaza followed by the name of the nearest city, town, or village and state abbreviation, or
• The highway numbers of the two nearest intersecting roadways followed by the name of the nearest city, town, or village, and state abbreviation.

You may write other things in the Remarks section, such as shipping information, a note about adverse driving conditions, or when you cross a state line.

What Is an Automatic On-Board Recording Device?

Many motor carriers have installed electronic devices in their trucks to help accurately record hours-of-service information. If such a device meets the requirements of Section 395.15 of the safety regulations, it is called an Automatic On-Board Recording Device (AOBRD), and may be used in place of a paper logbook.

Manufacturers of AOBRDs must certify that their devices meet the Section 395.15 requirements. This includes a requirement that an AOBRD must be mechanically or electronically connected to the truck to automatically record, at a minimum, engine use, road speed, miles driven, the date, and time of day. Drivers enter other information required to complete the hours-of-service records. You should discuss with your carrier whether any device on your truck used to record hours-of-service information has been certified to meet Section 395.15 requirements.

The AOBRD device must be capable of displaying or printing for enforcement officers the times of duty status changes and other required information. It must also store this information for the prior 7 days. You may review Section 395.15 for additional AOBRD requirements.

An AOBRD may be used without creating any paper copies of logs by transmitting the data electronically
to the carrier, or it may be used to print copies of the logs that would be signed by the driver and mailed to the carrier.

You may have heard about Electronic On-Board Recorders (EOBRs). The use of EOBRs to record hours-of-service information is not yet authorized by the safety regulations, but it has been formally proposed. An EOBR is more complex than an AOBRD and, if approved, may use new technologies such as Global Positioning Systems to automatically record additional hours-of-service information.