Hours of Service (HOS) — 49 CFR 395

Property-carrying driver — Standard rules

11-hour driving limit: May drive up to 11 hours after 10 consecutive hours off duty.

14-hour on-duty window: May NOT drive after the 14th consecutive hour after coming on duty. The 14 hours is a wall clock — off-duty time within it does NOT extend the window. Only a fresh 10-hour off-duty break resets it.

30-minute break: A driver must take a 30-minute break (any non-driving status — off duty, sleeper berth, or on-duty-not-driving) after 8 cumulative hours of DRIVING time without a 30-minute interruption.

10-hour off-duty reset: 10 consecutive hours off duty resets both the 11-hour driving limit and the 14-hour window.

60-hour / 7-day OR 70-hour / 8-day rule: A driver may not drive after 60 hours on duty in 7 consecutive days (for carriers who don't operate every day) OR 70 hours on duty in 8 consecutive days (for carriers who operate every day). Carrier picks one schedule.

34-hour restart: Optional. 34 consecutive hours off duty resets the 60/70-hour clock to zero. Restart is optional, not required.

Sleeper berth provisions (49 CFR 395.1(g))

A driver using a sleeper berth may split the required 10-hour off-duty period:

• 8/2 split: 8 hours in sleeper berth (consecutive) + 2 hours off-duty OR sleeper berth (consecutive). The 8-hour sleeper berth period and the 2-hour off-duty period together count as 10 hours of off-duty time. Neither period counts against the 14-hour window.
• 7/3 split: 7 hours in sleeper berth (consecutive) + 3 hours off-duty OR sleeper berth (consecutive). Same effect as 8/2.

The longer of the two periods (at least 7) must be in the sleeper berth.

Adverse driving conditions (395.1(b)(1))

A driver may extend the 11-hour driving limit by up to 2 hours (so 13 hours max) and the 14-hour window by up to 2 hours (so 16 hours max) when:

• Snow, sleet, fog, OTHER conditions that the driver did not know about and could not have anticipated at the time of dispatch, AND
• Conditions were severe enough to make the driver unable to safely complete the run within the normal HOS limits.

Traffic congestion alone does NOT qualify. Weather forecast on the news before the trip does NOT qualify.

Short-haul exemption (395.1(e)(1)) — 150-air-mile

A driver is EXEMPT from the standard 14-hour window if all of:

1. Operates within a 150-air-mile radius of the normal work-reporting location.
2. Returns to the work-reporting location and is released from work within 14 hours.
3. Has at least 10 consecutive hours off-duty between shifts.
4. Carrier maintains time records (start, stop, total hours) for 6 months.

Short-haul drivers operating under this exemption are NOT required to maintain ELD records. They use simpler "time records" (a simple log of start/end times each day).

Note: As of 2020 FMCSA changes, the radius is 150 air-miles (up from 100) and the daily window is 14 hours (up from 12). Short-haul still doesn't need an ELD.

Passenger-carrying drivers (different limits)

Passenger drivers (school bus, motor coach, etc.) follow different limits:

• 10-hour driving limit after 8 hours off duty (note: 8, not 10).
• 15-hour on-duty limit in any 1 work period.
• 60/7 or 70/8 cumulative same as property.
• No 34-hour restart for passenger.
• Sleeper berth: 8-hour minimum if used, can be split with 2 hours off-duty.

ELD requirements

Most CMV drivers must use an ELD per 49 CFR 395.20. Exemptions:

• Short-haul drivers under 395.1(e)(1) or 395.1(e)(2)
• Drivers operating vehicles manufactured before MY 2000 (the engine being pre-2000 is sometimes interpreted)
• Drivers who use paper logs for 8 days or less in any 30-day period (the "8-day exception" — common for occasional drivers)
• Driveaway-towaway operations where the vehicle being driven is the commodity

ELD malfunction: A driver must (1) note the malfunction on the log, (2) reconstruct the previous 7 days on paper, (3) keep paper logs until the ELD is repaired (up to 8 days; carrier has 8 days to repair OR submit malfunction notice to FMCSA per 395.34).

Personal conveyance vs yard moves (Special driving categories)

• Personal conveyance (PC): Off-duty driving for personal reasons. Vehicle moved with no advance of the trip. Doesn't count against driving time or the 14-hour window. Examples: driving to a restaurant from a truck stop, commuting home from terminal in a company truck. NOT permitted: deadheading, repositioning for next load, moving to a closer truck stop to begin tomorrow's run.
• Yard moves (YM): On-duty (not driving) status while moving the vehicle within a yard or terminal at speeds under 20mph. Counts against the 14-hour window but NOT the 11-hour driving limit.

A carrier must authorize each PC/YM use in writing; the driver shouldn't unilaterally claim them.

Agricultural exemption (395.1(k))

During state-declared planting/harvest seasons, drivers transporting agricultural commodities within a 150-air-mile radius of the source are exempt from ALL HOS rules. State agriculture departments declare seasons.

Driving after declaring imminent hazard (395.13)

A driver may NOT continue driving if they've been declared an imminent hazard (e.g., positive drug test, alcohol violation, OOS for medical issues). Carrier must remove from safety-sensitive function.

34-hour restart fine-print (39 CFR 395.3(c))

A 34-hour restart resets the 60/70-hour clock. There's no requirement that it span two 1AM-5AM periods (that requirement was repealed in 2014).

Cumulative-limit math examples

Example: Driver started Monday at 6am, drove 8 hours, took 30-min break, drove 3 more hours (= 11 hrs driving), then 10 hours off-duty. At 5am Tuesday they're cleared to drive 11 hours again, but their 60-hour cumulative clock now shows 11 of 60.

Example: Driver has been on duty 13 hours since 5am. Even if they took 4 hours off-duty in the middle, they cannot drive after 7pm because of the 14-hour wall clock. Only a 10-hour OFF break re-opens the window.

What "on duty" includes (49 CFR 395.2)

• All time in or on a CMV (except sleeper berth or personal conveyance)
• Time loading/unloading
• Inspecting the vehicle (pre-trip, post-trip)
• Performing any other work
• Time spent at a terminal waiting (even if not actively working)
• Time being paid (wages from any source while on duty)

Critical: Hold time at a shipper/receiver is ON DUTY even if the driver isn't physically working. This is why "detention" is HOS-relevant.

When this skill fires

If the user asks about driver duty status questions, log violations, what to do when an ELD is malfunctioning, whether a particular maneuver counts as personal conveyance, sleeper berth math, or whether they qualify for short-haul — use this skill and cite the specific subsection.

If the user describes a violation that has already happened (driver drove past the 11-hour limit), DO NOT advise them to falsify the log. Recommend: (1) update the log with the actual hours, (2) document corrective action in the driver's file, (3) consult their DOT compliance attorney if penalty exposure is significant.

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