Hours of Service Overview (April 2022)

Hours of service refers to the maximum amount of time drivers are permitted to bon duty. This includes driving time and specifies the number and length of rest periods. The rules are meant to ensure that drivers are awake and alert. All carriers and drivers operating commercial motor vehicles must comply with Hours of Service (HOS) regulations found in 49 CFR 395.

Start of Work Shift:  A driver may not drive without first taking 10 consecutive hours off duty.

14 Hour Driving Window: A driver of a property-carrying commercial motor vehicle may not drive after a period of 14 consecutive hours after coming on-duty following 10 consecutive hours off-duty.

11 Hour Rule: Within the 14 hour workday, a driver of a property-carrying commercial motor vehicle may not exceed 11 hours of drive time.

Split Sleeper Berth: A driver may accumulate the equivalent of at least 10 consecutive hours off-duty by taking not more than two periods of either sleeper berth time or a combination of off-duty time and sleeper berth time if:

  • Neither rest period is shorter than 2 consecutive hours.
  • One rest period is at least 7 consecutive hours in the sleeper berth.
  • The total of the two periods is 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 does not violate the 14-hour duty-period limit.
  • The driving time limit and the 14-hour duty-period limit must be re-calculated from the end of the first of the two periods.
  • The 14-hour driving window does not include qualifying rest periods. Which means the 14-hour driving window pauses when the driver takes a qualifying break. 

Adverse Driving Conditions: Extends the 11 hour rule up to 2 hours due to unforeseen driving conditions. Adverse driving conditions covered include snow, fog or unexpected traffic shut-down, but do not cover more common occurrences such as traffic congestion in rush hour.

Emergency Conditions: In case of any emergency, a driver may complete his/her run without being in violation of the provisions of the regulations in this part, if such run reasonably could have been completed absent the emergency. Among other situations, this would include a civil disturbance causing reasonable fear for physical safety. Any driver who experiences crime or violence should immediately call the police.

60 hour 7 Day/70 hour 8 Day Rule: Drivers can’t exceed 60 on duty hours in a 7 day period or 70 on duty hours in an 8 day period.

34 Hour Reset: Drivers can reset the 60 hour 7 Day/70 hour 8 Day hours back to zero after taking 34 hours of consecutive time off duty. There is no limit to how many resets you can take.

30 Minute Break: Drivers must take a 30-minute break when they have driven for a period of 8 cumulative hours without at least a 30-minute interruption. A consecutive 30-minute interruption of driving status may be satisfied either by off-duty, sleeper berth or on-duty not driving time or by a combination of off-duty, sleeper berth and on-duty not driving time. Short Haul drivers are exempt from the 30-minute break rule.

Short Haul Exemption: A driver of a property-carrying commercial motor vehicle is exempt from Electronic Logging Devices (ELD) or logbooks if the driver operates within a 150 air-mile radius (172.6 statute miles) of the normal work reporting location and returns to the work reporting location and is released from work within 14 consecutive hours. The driver must have at least 10 consecutive hours off-duty separating each 14 hours on-duty. The driver of a property-carrying commercial motor vehicle can use the Adverse Driving Conditions rule. However, after your 14th hour of being on duty, the driver must fill out a log book for the total workday. Short haul drivers are exempt from the 30 minute break rule.

8 Day ELD Exemption: Drivers who use Records of Duty Status (RODS) for 8 days or less in any 30 day period are also exempt from using ELDs. However, carriers may choose to use ELDs anyway. The 30-day period is a rolling 30-days, which means the day you come on duty and the last 29-days.

The complete Hours of Service regulations can be found here:

https://www.ecfr.gov/current/title-49/subtitle-B/chapter-III/subchapter-B/part-395

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