49 CFR 395: DOT Hours of Service Rules

Regulatory citation: 49 CFR Part 395, Hours of Service of Drivers (Federal Motor Carrier Safety Administration), including Subpart B, Electronic Logging Devices

What Are the FMCSA Hours of Service Rules?

The hours of service (HOS) rules limit how long drivers of commercial motor vehicles (CMVs) may drive and work before they must rest, and they set how that time is recorded. They apply to drivers in interstate commerce who operate a vehicle with a gross vehicle weight rating or gross combination weight rating of 10,001 pounds or more, a vehicle designed or used to carry 16 or more people including the driver (or 9 or more for compensation), or any vehicle carrying hazardous materials in a quantity that requires placards. Most states adopt the same or similar limits for intrastate drivers.

Part 395 places duties on both the driver and the motor carrier. No carrier may permit or require a driver to exceed the limits, and no driver may drive beyond them. Subpart B requires most drivers who must keep records of duty status (RODS) to use an electronic logging device (ELD) registered with FMCSA.

Why Hours of Service Rules Matter

Fatigue slows reaction time and impairs judgment in much the same way as alcohol. Long, irregular schedules, night driving and pressure to meet delivery windows all raise the risk. HOS limits, enforced through ELD data at roadside and during audits, are the main federal control on driver fatigue. HOS violations are among the most frequently cited roadside violations, and serious ones can place a driver out of service on the spot.

Core Obligations

1. Respect the 11-Hour Driving Limit for Property Carriers (395.3(a)(3))

A driver of a property-carrying CMV may drive a maximum of 11 hours after 10 consecutive hours off duty. Once the limit is reached, the driver may still do non-driving work but may not drive again until they take another 10 consecutive hours off duty or an equivalent qualifying sleeper berth split.

2. Stay Inside the 14-Hour Window (395.3(a)(2))

A property-carrying driver may not drive beyond the 14th consecutive hour after coming on duty following 10 consecutive hours off duty. Off-duty time, such as a lunch break or waiting at a shipper, does not extend the 14-hour window. The only ways to pause it are a qualifying sleeper berth period or a limited exception such as adverse driving conditions.

3. Take a 30-Minute Break (395.3(a)(3)(ii))

Driving is not permitted if 8 hours of cumulative driving time have passed without at least a 30-minute consecutive interruption. The break can be satisfied by any non-driving period of at least 30 consecutive minutes, including on-duty not driving time such as fueling or loading, off-duty time or sleeper berth time.

4. Track the 60/70-Hour Limit and Restart (395.3(b) and (c))

A driver may not drive after 60 hours on duty in any 7 consecutive days if the carrier does not operate every day of the week, or after 70 hours on duty in any 8 consecutive days if it does. The limit counts on-duty time, not just driving time. A driver may restart the 7- or 8-day period by taking 34 or more consecutive hours off duty.

5. Use the Sleeper Berth Provision Correctly (395.1(g))

Property-carrying drivers may meet the 10-hour off-duty requirement by splitting it into two periods. One must be at least 7 consecutive hours in the sleeper berth. The other must be at least 2 consecutive hours, either off duty or in the sleeper berth, and the two must total at least 10 hours. Common combinations are 8/2 and 7/3. When done correctly, neither qualifying period counts against the 14-hour window.

6. Apply the Passenger-Carrying Limits (395.5)

Drivers of passenger-carrying CMVs, such as motorcoaches, follow different limits. They may drive a maximum of 10 hours after 8 consecutive hours off duty, and may not drive after being on duty 15 hours following 8 consecutive hours off duty. The 60/70-hour limits also apply. Passenger-carrying drivers using a sleeper berth must take at least 8 hours in total, which may be split into two periods of at least 2 hours each.

7. Know the Exceptions (395.1)

Under adverse driving conditions, such as unexpected snow or a road closure that was not known at dispatch, drivers may extend the driving limit and the 14-hour window by up to 2 hours (395.1(b)). The short-haul exception in 395.1(e)(1) applies to drivers who stay within a 150 air-mile radius of their normal work reporting location, return there within 14 hours, and are released from work. Those drivers do not need to keep RODS or an ELD, but the carrier must keep time records showing start and end times and total hours each day for 6 months. A property-carrying driver who returns to the work reporting location and is released each day may also extend the 14-hour window to 16 hours once every 7 or 8 days, if the driver has been released within 14 hours on the previous 5 duty tours (395.1(o)).

8. Record Duty Status on an ELD (395.8 and Subpart B)

Drivers who must keep RODS must use a registered ELD, with some exceptions: drivers who keep RODS for no more than 8 days in any 30-day period, drivers in driveaway-towaway operations where the vehicle driven is part of the shipment, and drivers of vehicles with engines older than model year 2000. Drivers must be able to show the current day and the previous 7 days at roadside, transfer data electronically when an officer asks, and annotate edits. Since July 22, 2026, carriers no longer need to keep a copy of the ELD user's manual in the vehicle, but drivers must still carry an instruction sheet on malfunction reporting and enough blank paper logs for at least 8 days.

9. Handle ELD Malfunctions (395.34)

When an ELD malfunctions, the driver must note it, give the carrier written notice within 24 hours, and reconstruct RODS for the current 24-hour period and the previous 7 days on paper or in another approved format unless the records can be retrieved. The driver keeps paper RODS until the ELD is repaired. The carrier must repair or replace the ELD within 8 days of discovery or of the driver's notice, unless FMCSA grants an extension.

10. Keep Records and Supporting Documents (395.8(k) and 395.11)

Carriers must keep each driver's RODS and supporting documents for 6 months. Supporting documents include items such as bills of lading, dispatch records, expense receipts, fleet management system communications and payroll records. Carriers need to keep up to 8 supporting documents for each 24-hour period, and they must be able to verify the driver's on-duty start and end times and locations.

Common Compliance Approaches

Plan Loads Around Available Hours

Dispatchers should check each driver's remaining 11-, 14- and 60/70-hour time before assigning a load. Building realistic schedules that account for detention at shippers is the best way to prevent violations and the pressure that leads to falsified logs.

Audit ELD Data Every Week

Review unassigned driving time, edits, form and manner errors, and personal conveyance and yard move use. Unassigned driving events must be accepted by the right driver or explained with an annotation.

Write a Personal Conveyance Policy

FMCSA guidance lets drivers use a CMV for personal transportation while off duty, but only when the movement does not advance the load or serve the carrier's business. A clear written policy, with examples, reduces misuse.

Treat Fatigue as More Than a Number

The rules set maximums, not targets. Train drivers to recognize fatigue, encourage them to stop when tired, and make it clear they will not be penalized for refusing to drive while fatigued.

Example: Hours of Service in Practice

A refrigerated carrier dispatches a driver who comes on duty at 6:00 a.m. after a full 10-hour break. She is held for 3 hours at the shipper and logs that time as on duty not driving, which also satisfies her 30-minute break. By late afternoon she has driven 8 hours and her 14-hour window will close at 8:00 p.m., with about 2 hours of the trip left. Instead of pushing on, she parks at 7:30 p.m. and takes 7 hours in the sleeper berth. After she drives a short leg in the morning, she takes 3 hours off duty at the receiver to complete a 7/3 split. Her ELD records each status change, and the safety manager's weekly audit confirms both periods qualify and that the shipper's detention time is noted for billing.

Related regulations: DOT driver qualification files, DOT drug and alcohol testing, DOT vehicle inspection and maintenance.

Note: This summary covers federal FMCSA hours of service rules for interstate commerce. States may set different limits for intrastate drivers, and some industries, such as agriculture, oilfield operations and utility service, have specific exemptions. FMCSA ran pre-tests in 2026 for a Flexible Sleeper Berth pilot program and a Split Duty Period pilot program and plans wider pilots in 2027, but the pilots apply only to enrolled drivers and do not change the general rules. Always check the current regulation text and FMCSA guidance.

Frequently Asked Questions

Does a lunch break extend the 14-hour window?

No. Off-duty time during the day does not pause the 14-hour window for property-carrying drivers. Only a qualifying sleeper berth period, the adverse driving conditions exception or the once-weekly 16-hour short-haul extension can change it.

Can loading time count as the 30-minute break?

Yes. Any non-driving period of at least 30 consecutive minutes counts, including on-duty not driving time such as loading, unloading or fueling.

Who is exempt from using an ELD?

Drivers using the short-haul exception, drivers required to keep RODS for no more than 8 days in any 30-day period, certain driveaway-towaway drivers, and drivers of vehicles with engines older than model year 2000. Exempt drivers must still meet the HOS limits and keep the records their exemption requires.

How long must carriers keep logs?

Records of duty status and supporting documents must be kept for 6 months. Time records for drivers using the short-haul exception are also kept for 6 months.