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HOSRegulations
FMCSR
Part 395
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, to
ensure that you stay awake and alert while
driving, and on a continuing basis to help reduce
the possibility of driver fatigue.
What are the Hours-of-Service
Regulations?
Weighs
(including
any load)
10,001
pounds
(4,536 kg)
or more, or
You must follow
the hours-of-
service regulations
if you drive a
commercial motor
vehicle (CMV). In
general it is a truck,
or truck-tractor
with a trailer, that
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, or
Is
transporting
hazardous
materials in a
quantity
requiring
placards.
Who Must Comply with the Hours-of-
Service Regulations?
11-hour driving limit
60-hour/7-day limit and
70-hour / 8-day limit
14-hour “driving window” limit
THREE (3) HOS LIMITS
14 hour “Driving Window” limit
 May not drive after the 14th consecutive
hour after coming on duty
 Must have 10 consecutive hours of rest
 Off-duty time does not extend the clock
Time considered “on-duty” (Part 1)
 All time at a plant, terminal, facility or other property
waiting to be dispatched.
 All time inspecting, servicing or conditioning any truck,
including fueling it and washing it at any time.
 All time loading, unloading, supervising, or attending your
truck; or handling paperwork.
 All time taking care of your truck when your truck is broken
down.
Time considered “on-duty” (Part 2)
 All driving time, as defined in the term
driving time.
 All time providing samples for alcohol and
drug 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.
 All time spent doing paid work for anyone
who is not a motor carrier, such as a part-
time job at a local restaurant.
Time considered “on-duty” (Part 3)
 All other time in or on a commercial motor vehicle other
than: (i) Time spent resting in or on a parked vehicle,
except as otherwise provided in Section 397.5 of the
FMCSR; (ii) Time spend resting in a sleeper berth; (iii) Up to
2 hours riding in the passenger seat of a property-carrying
vehicle moving on the highway immediately before or after
a period of at least 8 consecutive hours in the sleeper
berth.
11 hour “Driving Window” limit
 Any and all time behind the wheel is driving
time.
 After 11 hours, you must have 10
consecutive hours off duty.
30 – minute break
 No driving allowed if more than 8
consecutive hours have passed since the
end of the last 30-minute break.
 Break may be spent off duty an/or in a
sleeper berth.
 Counts against the 14-hour limit
 May do non-driving work after 8 hours
without a break, but must take a break
before driving again.
Weekly Limits
• 60-hour / 7 day
• A driver cannot drive after having been on
duty for 60 hours in any 7 consecutive days
• 70-hour / 8-day
• A driver cannot drive after having been on
duty for 70 hours in any 8 consecutive days.
34 – Hour Restart
 Allows you to “restart” your 60- or 70-
hour clock after having at least 34
consecutive hours off duty.
Note: As of 04/21/16 – 34 hour restart provision requiring two periods of 1:00 am until 5:00
am is currently suspended until the final report to the Office of the Secretary that was
submitted in December 2015 is certified and released.
Note: As of 04/21/16 – 34 hour restart provision requiring two periods of
1:00 am until 5:00 am is currently suspended until the final report to the
Office of the Secretary that was submitted in December 2015 is certified and
released.
.
Exceptions From the Hours-of-Service Regulations
(Most Common)
Category Type of Exception Conditions That Must Be Met 49 CFR
Section
100 air-mile
radius driver
• Logbook not required • Report and return to work reporting location
within 12 consecutive hours
• Stay within 100 air-mile radius of work reporting
location
• Keep time records showing time in, time out, and
total number of hours
395.1 (e)
(1)
150 air-mile
radius driver
• 16 hour driving
windows allowed twice
per 7 day period, or
after any 34-hour
restart (that meets new
conditions after 7/1/13)
• Logbook not required.
• Vehicle does not require CDL
• Report and return to normal work reporting
location every day
• Stay within 150 air-mile radius of work reporting
location
• Keep time records showing time in, time out, and
total number of hours.
395.1 (e)
(2)
Adverse driving
conditions
• Up to 2 additional hours
of driving time
• Additional driving time must fall within 14-hour
driving window
• Weather or traffic condition must be unknown at
start of run
395.1 (b)
(1)
395.2
Exceptions From the Hours-of-Service Regulations
cont…. (Most Common)
Category Type of
Exception
Conditions That Must Be Met 49 CFR
Section
School bus –
contractor -
operated
• All hours-of-
service
regulations
• Transportation of school children and/or school
personnel from home to school and from school to
home
395.1 (f)
School bus
government-
operated
• All hours-of-
service
regulations
• None*
* Intrastate exceptions may be different. Check with State
enforcement for details
390.3 (f)
(2)
Fire and rescue,
emergency
operation (non
government)
• All hours-of-
service
regulations
• None 395.3 (f)
(5)
Short-haul
exception (16-
hour) – Also see
“100 air-mile
radius driver”
and “150 air-
mile radius
driver” entries
• 16-hour duty
period allowed
once per 7 day
period, or after
any 34 hour
restart
• Return to work reporting location that day and for last
5 duty tours
• Be released from duty within 16 consecutive hours
• Use one every 7 consecutive days or after a 34-hour
restart
• Does not apply if driver is eligible for 150 air-mile
radius exception.
395.1 (o)
Sleeper-berth option
10-hour break may be taken in two separate qualifying rest
periods:
One period must be at least 8 consecutive hours in a
sleeper berth (this is excluded from the 14 hour calculation)
The remaining 2 or more hours can be off duty, sleeper berth, or
any combination of the two (this is included in 14 hour
calculation)
After the second qualifying rest period, to calculate
available hours count forward from the end of the first rest period
and:
Subtract driving time from 11 hours
Subtract all time from 14 (except any 8-hour sleeper
periods)
Sleeper-berth option - example
Your log must include:
• Date
• Total Miles driving today
• Truck or tractor and trailer
number
• Name of Carrier
• Main Office Address
• Your signature
• Name of co-driver
• Time base to be used
• Remarks
• Total hours
• Shipping document(s), or
name of shipper and
commodity.
Correctly Completed Log
ELDs – Electronic Logging Devices vs.
AOBRs – Automatic On-Board
Recording Devices
ELD – Electronic Logging Devices
14 hour on
duty limit
11 hour
driving limit
Weekly Limit
30 minute
break
34 hour restart
HOURS-OF-SERVICE RECAP
CONCLUSION

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HOS Regulations Explained

  • 2. 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, to ensure that you stay awake and alert while driving, and on a continuing basis to help reduce the possibility of driver fatigue. What are the Hours-of-Service Regulations?
  • 3. Weighs (including any load) 10,001 pounds (4,536 kg) or more, or You must follow the hours-of- service regulations if you drive a commercial motor vehicle (CMV). In general it is a truck, or truck-tractor with a trailer, that 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, or Is transporting hazardous materials in a quantity requiring placards. Who Must Comply with the Hours-of- Service Regulations?
  • 4. 11-hour driving limit 60-hour/7-day limit and 70-hour / 8-day limit 14-hour “driving window” limit THREE (3) HOS LIMITS
  • 5. 14 hour “Driving Window” limit  May not drive after the 14th consecutive hour after coming on duty  Must have 10 consecutive hours of rest  Off-duty time does not extend the clock
  • 6. Time considered “on-duty” (Part 1)  All time at a plant, terminal, facility or other property waiting to be dispatched.  All time inspecting, servicing or conditioning any truck, including fueling it and washing it at any time.  All time loading, unloading, supervising, or attending your truck; or handling paperwork.  All time taking care of your truck when your truck is broken down.
  • 7. Time considered “on-duty” (Part 2)  All driving time, as defined in the term driving time.  All time providing samples for alcohol and drug 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.  All time spent doing paid work for anyone who is not a motor carrier, such as a part- time job at a local restaurant.
  • 8. Time considered “on-duty” (Part 3)  All other time in or on a commercial motor vehicle other than: (i) Time spent resting in or on a parked vehicle, except as otherwise provided in Section 397.5 of the FMCSR; (ii) Time spend resting in a sleeper berth; (iii) Up to 2 hours riding in the passenger seat of a property-carrying vehicle moving on the highway immediately before or after a period of at least 8 consecutive hours in the sleeper berth.
  • 9. 11 hour “Driving Window” limit  Any and all time behind the wheel is driving time.  After 11 hours, you must have 10 consecutive hours off duty.
  • 10. 30 – minute break  No driving allowed if more than 8 consecutive hours have passed since the end of the last 30-minute break.  Break may be spent off duty an/or in a sleeper berth.  Counts against the 14-hour limit  May do non-driving work after 8 hours without a break, but must take a break before driving again.
  • 11. Weekly Limits • 60-hour / 7 day • A driver cannot drive after having been on duty for 60 hours in any 7 consecutive days • 70-hour / 8-day • A driver cannot drive after having been on duty for 70 hours in any 8 consecutive days.
  • 12. 34 – Hour Restart  Allows you to “restart” your 60- or 70- hour clock after having at least 34 consecutive hours off duty. Note: As of 04/21/16 – 34 hour restart provision requiring two periods of 1:00 am until 5:00 am is currently suspended until the final report to the Office of the Secretary that was submitted in December 2015 is certified and released. Note: As of 04/21/16 – 34 hour restart provision requiring two periods of 1:00 am until 5:00 am is currently suspended until the final report to the Office of the Secretary that was submitted in December 2015 is certified and released. .
  • 13. Exceptions From the Hours-of-Service Regulations (Most Common) Category Type of Exception Conditions That Must Be Met 49 CFR Section 100 air-mile radius driver • Logbook not required • Report and return to work reporting location within 12 consecutive hours • Stay within 100 air-mile radius of work reporting location • Keep time records showing time in, time out, and total number of hours 395.1 (e) (1) 150 air-mile radius driver • 16 hour driving windows allowed twice per 7 day period, or after any 34-hour restart (that meets new conditions after 7/1/13) • Logbook not required. • Vehicle does not require CDL • Report and return to normal work reporting location every day • Stay within 150 air-mile radius of work reporting location • Keep time records showing time in, time out, and total number of hours. 395.1 (e) (2) Adverse driving conditions • Up to 2 additional hours of driving time • Additional driving time must fall within 14-hour driving window • Weather or traffic condition must be unknown at start of run 395.1 (b) (1) 395.2
  • 14. Exceptions From the Hours-of-Service Regulations cont…. (Most Common) Category Type of Exception Conditions That Must Be Met 49 CFR Section School bus – contractor - operated • All hours-of- service regulations • Transportation of school children and/or school personnel from home to school and from school to home 395.1 (f) School bus government- operated • All hours-of- service regulations • None* * Intrastate exceptions may be different. Check with State enforcement for details 390.3 (f) (2) Fire and rescue, emergency operation (non government) • All hours-of- service regulations • None 395.3 (f) (5) Short-haul exception (16- hour) – Also see “100 air-mile radius driver” and “150 air- mile radius driver” entries • 16-hour duty period allowed once per 7 day period, or after any 34 hour restart • Return to work reporting location that day and for last 5 duty tours • Be released from duty within 16 consecutive hours • Use one every 7 consecutive days or after a 34-hour restart • Does not apply if driver is eligible for 150 air-mile radius exception. 395.1 (o)
  • 15. Sleeper-berth option 10-hour break may be taken in two separate qualifying rest periods: One period must be at least 8 consecutive hours in a sleeper berth (this is excluded from the 14 hour calculation) The remaining 2 or more hours can be off duty, sleeper berth, or any combination of the two (this is included in 14 hour calculation) After the second qualifying rest period, to calculate available hours count forward from the end of the first rest period and: Subtract driving time from 11 hours Subtract all time from 14 (except any 8-hour sleeper periods)
  • 17. Your log must include: • Date • Total Miles driving today • Truck or tractor and trailer number • Name of Carrier • Main Office Address • Your signature • Name of co-driver • Time base to be used • Remarks • Total hours • Shipping document(s), or name of shipper and commodity.
  • 19. ELDs – Electronic Logging Devices vs. AOBRs – Automatic On-Board Recording Devices
  • 20. ELD – Electronic Logging Devices
  • 21. 14 hour on duty limit 11 hour driving limit Weekly Limit 30 minute break 34 hour restart HOURS-OF-SERVICE RECAP

Editor's Notes

  1. 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.)
  2. Hazardous materials in a quantity requiring placards: Any Quantity of HM: Explosives 1.1, 1.2, 1.3 Inhalation Hazard 2.3 (Toxic Gases) Water Reactive Substances 4.3 Organic Peroxide 5.2 Toxic Substances 6.1 (poisonous by inhalation) Radioactive Materials 7 1,001 pounds or more Explosives 1.4, 1.5, 1.6 Gases 2.1, 2.2 Flammable Liquids 3 Flammable Solids 4.1, 4.2 Oxidizing Substances and Organic Peroxides 5.1, 5.2 Toxic Substances and Infectious Substances 6.1 Corrosive Substances 8 Miscellaneous Hazardous Materials 9 Combined Liquids Combustible liquids more than 119 gallons See Emergency Response Guide (Orange Books)
  3. 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.
  4. Whether or not the 34 hour provision will change depends on if the periods from 1-5 prove to be safer according to the study.
  5. Date. You must write down the month, day and year for the beginning of each 24 hour 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 to 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 the main office address. The city and state are sufficient. 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. 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. Shipping document number (s), or name of shipper and commodity. For each shipment, you must write down the shipping document number (such as a shipping manifest number) or the name of the shipper and what you are hauling.
  6. Date. You must write down the month, day and year for the beginning of each 24 hour 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 to 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 the main office address. The city and state are sufficient. 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. 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. Shipping document number (s), or name of shipper and commodity. For each shipment, you must write down the shipping document number (such as a shipping manifest number) or the name of the shipper and what you are hauling.
  7. While the FMCSA’s use of different terminology may create confusion, the bottom line is that it’s not the name of the Electronic Logging Device that matters – it’s whether or not it’s in compliance with the FMCSA regulations. Legislation continues to evolve, and it’s up to the Owner Operator or Fleet Manager to ensure that the systems they use are in compliance with the most current regulations. That’s why it’s important to make certain the system you choose is able to accept updates, in order to stay in compliance when new regulations are introduced. ELD – Electronic Logging Device AOBR – Automatic On Board Recording Device EOBR – Electronic On Board Recording Device (now referred to as ELDs by FMCSA) Note: You must also carry a paper log book in your truck in case your ELD goes down. If your ELD goes down you are supposed to fill out a paper log until the ELD is up and working again.