A. LATEST REVISIONS
A-1. When are carriers
and drivers required to comply with the latest
revisions of the HOS rule?
A-2. How does the 2005
HOS rule differ from the former HOS rule?
A-3. Are previous
interpretations and guidance regarding HOS still
valid?
A-4. Where can I obtain
more details about the 2005 revisions of the HOS
rules?
B. GENERAL PROVISIONS
B-1. Do these HOS
regulations apply to intrastate
commerce?
B-2. What are the
penalties for violating the HOS rules?
B-3. Are drivers of
passenger-carrying commercial motor
vehicles (CMV) required to comply with the same
HOS rule as property-carrying drivers?
B-4. What happens if a
driver operates both a bus and truck for part of
each day or each week?
B-5. If a State has an
8 hours off-duty requirement for intrastate
operations, may a driver who takes 8 hours off
duty after completing an intrastate trip begin
driving on an interstate trip?
B-6. How would "waiting
time" at a terminal, plant, or port be logged?
B-7. May a driver be
called after 8 hours off-duty to report to work
2 hours later?
B-8. How does the
hours-of-service rule apply to Mexican and
Canadian drivers? Are Canadian and Mexican
military or other government employees exempt?
B-9. How are
property-carrying and passenger-carrying drivers
determined as the terms are used in the HOS
rule?
C. SHORT-HAUL OPERATIONS
C-1. What is a
"short-haul" operation?
C-2. What is an
"air-mile"?
C-3. What are the
recordkeeping requirements for a driver who is
utilizing either the 100 or non-CDL 150 air-mile
radius provisions?
C-4. May drivers who
work "split shifts" take advantage of the
short-haul operations provisions found in Part §
395.1(e)?
C-5. How does a driver
comply if during a 7-day period the driver
operates some days under the 100 air-mile
exception, some days under the "non-CDL 150
air-mile radious" provision, and some days under
neither?
C-6. How would you
summarize the 100 air-mile radius HOS provision
in Part § 395.1(e)(1)?
C-7. May a "100
air-mile radius" driver utilize the "16-hour
duty period" exception in § 395.1(o)?
C-8. What drivers are
covered by the non-CDL 150 air-mile radius
provision?
C-9. How would you
summarize the non-CDL 150 air mile radius
provision in Part
§ 395.1(e)(2)?
D. 14-HOUR DUTY PERIOD
D-1. May a driver be on
duty for more than 14 consecutive hours?
D-2. If a carrier
allows a driver to log mealtime or similar
activities as off-duty time, does that permit a
driver to extend the 14-hour duty period?
E. 16-HOUR EXCEPTION
E-1. What is a "duty
tour" as the term is used in Part § 395.1(o)?
E-2. If a driver is "on
duty, not driving" during the 15th and 16th hour
of his duty tour and does not drive after that,
has he used the 16-hour exception in Part §
395.1(o)?
E-3. May a driver
having more than one work reporting location use
the § 395.1(o) "16 hr exception"?
E-4. May a driver
utilize the adverse driving rule, which extends
the driving time by two additional hours, in
conjunction with the 16-hour exception.?
E-5. When the "16 hour
exception" is used, may sleeper berth periods or
extended off-duty periods be included in the
"duty tour?" How does this affect team drivers?
F. 34-HOUR RESTART
F-1. Does ant 34
consecutive hours off-duty automatically restart
the calculation of the 60/70-hour on-duty
period?
F-2. If a driver works
at another job, unrelated to trucking, during
his 34-hour off-duty restart period, and then
begins a duty shift for the trucking company,
does the 34-hour restart provision apply?
F-3. If a driver is
on-call, but has not been called for 34 hours,
may those 34 hours be counted as a 34-hour
restart?
F-4. If a driver takes
the 34-hour restart in Canada just before
entering the U.S., will it be recognized as such
in the U.S.?
F-5. How should the
"recap" section of the logbook page be completed
when using a 34-hour restart to begin a new
60/70 hour period?
G. SLEEPER BERTHS
G-1. May a driver spend
part of his or her 34 hours of consecutive
off-duty time in a sleeper berth?
G-2. If a team driver
goes directly from 10 consecutive hours off-duty
to the sleeper berth at the start of his duty
period, can the sleeper-berth period be excluded
from calculation of the 14-hour limit?
G-3. How does a driver
who is utilizing the sleeper berth provision
calculate his or her compliance with the 14-hour
rule?
H. OILFIELD OPERATIONS
H-1. Are drivers of
vehicles that are specially constructed to
service oil wells required to log waiting time
as on-duty time under the new rule?
H-2. Is off-duty time
at a yard for oil-field equipment excluded from
the 14-hour calculation?
H-3. May "oilfield"
drivers take advantage of the 16-hour exception
provided for property-carrying drivers under
Part § 395.1(o)?
H-4. Mechanics are
often dispatched with oilfield service crews.
Some of the mechanic's service vehicles meet the
definition of a CMV. Can these mechanics use the
oilfield operations exceptions found in Part §
395.1(d)?
I. DRIVER-SALESPERSONS
I-1. What HOS
exceptions are available to
"driver-salespersons"?
J. EXEMPTIONS
J-1. Are there other
hours-of-service exemptions not included in this
regulation?
Carrier and drivers are required to comply with
the latest revisions of the HOS rule on October 1,
2005, the effective date of the rule. Carriers and
drivers will not be allowed to operate under the HOS
rule prior to its effective date.
Important changes were made in three areas.
(1) Sleeper Berth: To use any of the HOS
provisions regarding sleeper berths, a driver must
now have one of the following:
Continuous Sleeper Berth Provision : At
least 10 consecutive and uninterrupted hours in the
sleeper berth.
Sleeper Berth Provision: The equivalent
of at least 10 consecutive hours off-duty
(equivalent means at least 8 hours but less than 10
consecutive hours in a sleeper berth and a separate
period of at least 2 hours but less than 10
consecutive hours either in the sleeper berth or off
duty, or any combination of both).
Continuous Off-Duty and Sleeper Berth
Provision: At least 10 consecutive hours
sleeper berth and off-duty time combined and
uninterrupted. Further details are on the internet
at
www.fmcsa.dot.gov/documents/rulesregs/hos/logbook-examples.pdf
.
(2) Operators of property-carrying commercial
motor vehicles not requiring a commercial driver's
license: Drivers of non-commercial driver's license
(CDL) vehicles (those vehicles not requiring a CDL
to operate) who are operating within a 150 air-mile
radius of their normal work reporting location and
return to their normal work reporting location at
the end of their duty tour are now covered by a
separate HOS provision. Drivers meeting these
conditions are not eligible for the existing 100
air-mile radius provision in
§ 395.1(e) or the current 16-hour exception in §
395.1(o), since those conflict with this new "Non-CDL,
150 Air-Mile Radius" provision. These drivers are
required to comply with the following:
(a) The 11 hours driving, minimum 10 hours
off-duty, 14 consecutive hour duty period, 60/70
hours in 7/8 days, 34-hour restart all apply.
(b) On any 2 days of every 7 consecutive days,
the driver may extend the 14-hour duty period to 16
hours.
(c) There is no requirement that the driver be
released from duty at the end of the 14- or 16-hour
duty periods. The driver may continue to perform
non-driving duties, which would be counted against
the 60/70 hour weekly limitation.
(d) Time records may be used in lieu of records
of duty status (RODS).
(3) 34-Hour Restart: Previously, a driver was
required to be in compliance with the "60/70 on-duty
hours in 7/8 days" limitation before the driver
could start counting a 34-hour restart period. Now
the 34-hour restart period may begin at the start of
any consecutive 34-hour off-duty period.
The Federal Motor Carrier Safety Administration (FMCSA)
will be updating and revising its regulatory
guidance to Part 395 of the Federal Motor Carrier
Safety Regulations (FMCSRs) to provide additional
guidance concerning the application of HOS
regulations. All prior interpretations and
regulatory guidance relating to Part § 395 of the
FMCSRs, as well as FMCSA and Federal Highway
Administration memoranda and letters concerning Part
395, may no longer be relied upon as authoritative
to the extent they are inconsistent with the current
rule. All interpretations and guidance for Parts
other than Part 395 remain valid.
Extensive information and downloadable HOS
documents are available on the Internet at
www.fmcsa.dot.gov/rules-regulations/topics/hos/HOS-2005.htm
.
No. Intrastate commercial motor vehicle
regulations are under the jurisdiction of each
State. The HOS regulations apply directly only to
interstate commerce. However, most States
have adopted intrastate regulations which are
identical or very similar to the Federal
hours-of-service regulations. A driver involved
exclusively in intrastate operations should
contact the State agency handling commercial vehicle
enforcement in the driver's home State with any
questions. Usually this is the state police or
highway patrol, although in some States, the
function is handled by the department of motor
vehicles, department of public safety, or public
service commission.
Drivers or carriers who violate the HOS rules
face serious penalties:
- Drivers may be placed out-of-service (shut
down) at roadside until the driver has
accumulated enough off-duty time to be back in
compliance;
- State and local enforcement officials may
assess fines;
- FMCSA may levy civil penalties on driver or
carrier, ranging from $1,000 to $11,000 per
violation depending on severity;
- The carrier's safety rating can be
downgraded for a pattern of violations; and
- Federal criminal penalties can be brought
against carriers who knowingly and willfully
allow or require HOS violations, or drivers who
knowingly and willfully violate the HOS
regulations.
No. Motorcoach operators and drivers will
continue to operate under the HOS rules as specified
in § 395.5
A driver will be subject to the limits on driving
time applicable to the CMV the driver is driving (11
hours for a property-carrying CMV, 10 hours for a
passenger CMV), and will be required to meet the
off-duty requirements applicable to the type of CMV
the driver will drive immediately after that
off-duty period (10 hours if the next assignment is
in a property-carrying CMV, 8 hours if it is in a
passenger CMV). For example, if a bus driver
completes 8 hours off-duty for the motorcoach
company, the driver must remain off-duty for another
2 hours before driving for the trucking company.
After completing 10 consecutive hours off-duty, the
driver may drive for 11 hours for the trucking
company. Following 8 consecutive hours off-duty, the
driver may then drive for the bus company.
No. The driver of a property carrying vehicle
must take an additional 2 consecutive hours
off-duty, for a total of 10 consecutive hours,
before beginning an interstate trip.
"Waiting time" at a terminal, plant, or port may
be recorded as off-duty, sleeper berth, or on
duty/not driving, depending on specific
circumstances.
For "waiting time" to be off-duty, the following
off-duty conditions must be met:
- The driver must be relieved of all duty and
responsibility for the care and custody of the
vehicle, its accessories, and any cargo or
passengers it may be carrying.
- During the stop, and for the duration of the
stop, the driver must be at liberty to pursue
activities of his/her own choosing and to leave
the premises where the vehicle is situated.
If circumstances permit a driver to utilize a
valid sleeper berth without being disturbed for a
specific period of "waiting time," that time in the
sleeper berth may be recorded as "sleeper berth"
time. However, a driver must take eight consecutive
hours in a sleeper berth, plus another two
consecutive hours off duty or in a sleeper berth, in
order to meet the requirement for the equivalent of
10 consecutive hours off duty. In most other
circumstances, such as when the driver is required
to remain with the vehicle to move it when
necessary, the "waiting time" should be recorded as
"on duty/not driving."
These provisions should not be confused with
waiting time of drivers of vehicles that are
specially constructed to service oil wells.
Yes. The HOS rule does not control communication
between the driver and the motor carrier during the
driver's off-duty time, so the call may occur.
However, the driver cannot be required to do any
work for the motor carrier during the 10 hours of
off-duty time.
B-8. How does the HOS rule apply to Mexican and
Canadian drivers? Are Canadian and Mexican military
or other government employees exempt?
Mexican and Canadian drivers operating in the
United States must comply with FMCSA's HOS
regulations. Although compliance with the HOS
regulations is checked by looking backward in time,
and activity occurring outside the U.S. may be taken
into account, State and Federal officials may only
impose penalties for violations that occurred in
this country.
For example, upon entering this country, Canadian
and Mexican drivers must show a current RODS for the
previous 7 consecutive days. U.S. officials cannot
penalize a driver for actions that occurred abroad,
but failure to have the previous 7 days of RODS
while in the U.S. is a violation of § 395.8(k)(2).
Additionally, Mexican and Canadian drivers of
property-carrying commercial motor vehicles may not
drive in the U.S. unless their last off-duty period
(either here or abroad) amounted to 10 consecutive
hours (or an authorized sleeper-berth equivalent).
If such a driver took only 8 consecutive hours
off-duty in Mexico or Canada just before starting a
trip into the U.S., he/she would be required to take
10 consecutive hours off-duty immediately after
entering this country.
Canadian and Mexican military and other
government employees are NOT exempt from the HOS
regulations. The general exemption in § 390.3(f)(2)
applies only to U.S. Federal, State, and local
governments.
It is easiest to determine passenger-carrying,
with any other CMV drivers to be considered
property-carrying. The definition of a CMV in §
390.5 should be used to determine
passenger-carrying. If a driver is operating a CMV
"designed or used to transport more than 8
passengers (including the driver) for compensation;
or designed or used to transport more than 15
passengers, including the driver, and is not used to
transport passengers for compensation," the driver
would be considered to be passenger-carrying
regardless of whether there were actually any
passengers on the vehicle. This would include, for
example, new buses being delivered (driven) from
manufacturer to dealer.
Back
General Questions
The HOS regulations do not specifically define or
use the term "short haul" except as a caption for §
395.1(e), which includes requirements for drivers
using the 100 air-mile radius exception and those
covered by the "non-CDL, as defined in Part 383, 150
air-mile radius" provision.
The term "air-mile" is internationally defined as
a "nautical mile" which is equivalent to 6,076 feet.
Thus, the 100 air-miles are equivalent to 115.08
statute miles, and 150 air-miles are equivalent to
172.6 statute miles.
Under both provisions, a driver may use time
records in lieu of RODS.
For property-drivers, the concept of "split
shifts" is no longer relevant due to the limitations
of the 14-hour rule. The provisions in § 395.1(e)
only provide an exception to the RODS requirements.
Generally, they do not exempt the driver from any
requirements of the HOS rules.
100 air-mile radius driver - A driver may go on-
and off-duty multiple times during a duty tour,
after completing at least 10 hours off duty, but the
total of all on- and off-duty time accumulates
toward their 12 hours. Once a driver is on duty more
than 12 hours they no longer meet the 100 air-mile
radius exemption.
Operators of property-carrying commercial motor
vehicles not requiring a commercial driver's license
- A driver may go on- and off-duty multiple times
during a duty tour, but the total of all on- and
off-duty time accumulates towards the 14- or 16-hour
time limit, whichever is applicable at the time,
until the driver has a period of 10 or more
consecutive hours off-duty.
Prior Regulatory Guidance (§ 395.1 Question 19)
on this subject no longer applies to
property-carrying drivers.
The driver complies with the provisions of the
100 air-mile radius exception or the non-CDL, as
defined by Part 383, 150 air-mile radius provision
if either of those are applicable for the entire
duty period (usually one day). For example, if a
driver operates within the 100 air-mile radius for
part of the day and then travels outside the radius
during the same duty period, the exception would not
apply. The driver must remain under the conditions
of the exception for the entire duty period.
Compliance may vary from one duty period to the
next, depending on operating circumstances. A driver
operating under the 100 air-mile radius exception
for one day and then outside the radius for the
second day would only be required to make a RODS for
the second day.
100 Air-Mile Radius Provision
§ 395.1(e)(1)?
The 100 air-mile radius exception in Part §
395.1(e)(1) is an option to use time
records in lieu of RODS on days when the driver
meets the conditions of the exception, which are:
- The driver operates within a 100 air-mile (
115 statute miles) radius of the normal work
reporting location, and
- The driver returns to the work reporting
location and be released from duty
within 12 consecutive hours, and
- The driver maintains time records as
specified in the rule, and
- The driver is not covered by the "non-CDL
150 air-mile radius" provision.
Yes. A driver normally operating under the 100
air-mile radius exception in
§ 395.1(e) may also meet the requirements in §
395.1(o) enabling the driver to have one period of
16 hours on-duty each week (or after a 34-hour
restart). However, on the day in which the 16-hour
exception is utilized, the driver would not meet the
12-hour duty-period requirement of the 100 air-mile
radius exception and would therefore be required to
make a RODS for that day.
Non-CDL 150 Air-Mile Radius Provision
Operators of property-carrying commercial motor
vehicles not requiring a CDL, as defined in Part
383, may be covered by the Non-CDL 150 air-mile
radius provision. Note that the applicability
depends on the type of vehicle being driven, not
whether the operator possesses a CDL.
Drivers of non-CDL vehicles (those vehicles not
requiring a CDL, as defined in Part 383 to operate)
who are operating within a 150 air-mile radius of
their normal work reporting location and return to
their normal work reporting location at the end of
their duty tour are now covered by separate HOS
provisions. Drivers meeting these conditions are not
eligible for the existing 100 air-mile radius
provision in § 395.1(e)(1) or the current 16-hour
exception in § 395.1(o), since those conflict with
this new Non-CDL 150 air-mile radius provision.
These drivers are required to comply with the
following:
(a) The 11 hours driving, minimum 10 hours
off-duty, 14 consecutive hour duty period, 60/70
hours in 7/8 days, 34-hour restart all apply.
(b) On any 2 days of every 7 consecutive days,
the driver may extend the 14-hour duty period to 16
hours.
(c) There is no requirement that the driver be
released from duty at the end of the 14- or 16-hour
duty periods . The driver may continue to perform
non-driving duties, which would be counted against
the 60/70 hour weekly limitation.
(d) Time records may be used in lieu of records
of duty status.
Back
Yes. A driver may remain on duty for more than 14
hours; however, the driver of a property-carrying
CMV cannot drive after the 14th hour after
coming on duty. Also, the additional on-duty time
will be counted toward the 60/70-hour on-duty limit.
No. Off-duty breaks during the day do not extend
the workday to permit a driver to drive after the
14th consecutive hour on duty. However, time logged
as off duty is not counted in calculating a
driver's 60/70-hour on-duty limit.
The 16-hour exemption in § 395.1(o) is designed
for one-day "duty tours." The duty tour is the
interval between the time a driver comes on-duty and
is released from duty on a daily basis. This period
begins and ends at the driver's normal work
reporting location and may only be used following 10
or more consecutive hours off-duty, 10 or more
consecutive hours in the sleeper berth, or a
combination of 10 or more consecutive hours off-duty
and sleeper berth time.
No. Example: If a driver
was on duty 16 hours on Wednesday, but didn't drive
after being on duty 14 hours, could the driver use
the 16 hour extension on Friday and be allowed to
drive after the 14th hour as long as all other
conditions and regulations
(11-, 16-, and 60/70- hour rules) were met?
In this scenario, the driver may choose to use
the 16-hour extension on Friday as long as the
driver meets all of the requirements for the 16-hour
exception outlined in Part § 395.1(o) and also
remains in compliance with Part § 395.3(a)(1) and
Part § 395.3(b). Although the 16 hours on-duty on
Wednesday will count toward the driver's 60/70
calculations, the driver has not utilized the
16-hour exception unless the driver has actually
driven after the 14 th hour.
As stated in § 395.1(o) and current § 395.1
Interpretation Question 15, a driver having more
than one work reporting location could use the §
395.1(o) 16-hour exception; however, its
availability would be limited by the requirement of
§ 395.1(o)(1) that the "carrier released the
driver from duty at that location for the previous
five duty tours the driver has worked..." A driver
alternating between two normal work locations on a
weekly basis would not be able to utilize the
exception unless he worked six days per week, and
then the exception could only be used on the sixth
day.
No. A driver may not use the exception for
adverse driving conditions while also using the
16-hour exception for property-carrying drivers.
Section 395.1(b)(1)(ii) of the adverse driving
conditions exception specifically states that a
property-carrying driver may not drive or be
permitted to drive after he/she has been on-duty
after the end of the 14 th hour after coming on-duty
following 10 consecutive hours off-duty.
The § 395.1(o) exception for property-carrying
drivers is for drivers who return to the normal work
reporting location and are released from duty at the
end of each of the previous 5 duty tours. The use of
10 consecutive hours off duty or the equivalent
(sleeper berth, off duty, or any allowable
combination thereof) before returning to the work
reporting location would interrupt the duty tour,
and the driver would not be eligible to use the
16-hour exception that day or again until after 5 or
more duty tours when the driver did return to the
work reporting location.
Back
Yes. Any period of 34 consecutive hours off-duty
will restart the 60/70 hour calculation.
No. Performing compensated work for a person not
a motor carrier is considered on-duty time, which
would interrupt the 34-hour period.
Yes, provided the carrier has not required the
driver to report for work until after the 34-hour
period has ended.
Yes. Duty status changes and periods occurring in
Canada or Mexico before entering the U.S. are
included in HOS calculations while in the U.S.
The RODS pages printed by most commercial firms
include a "recap" on each page for drivers to
calculate compliance with the 60/70 hour limits and
show "time remaining" within those limits. This
"recap," however, is not required or addressed by
the FMCSRs. Therefore, the "recap" may be completed
in any manner desired.
Back
Yes, provided the 34-hour period is consecutive
and not broken by on-duty or driving activities.
Yes. It would be a "...combination of consecutive
sleeper-berth and off-duty time amounting to at
least 10 hours" per § 395.1(g)(1). The driver would
not be permitted to perform any duties, such as
pre-trip inspections, prior to using the sleeper
berth.
A sleeper-berth period of at least 8 consecutive
hours is excluded from calculation of the 14-hour
limitation. All other sleeper berth periods are
included in the 14-hour calculation (unless part of
a sleeper-berth/off-duty combination of 10 or more
consecutive hours).
Back
No. The new rule retains the current exception in
§ 395.1(d)(2), which provides that drivers of
vehicles that are specially constructed to service
oil wells are not required to log time waiting at a
natural gas or oil well site as "on-duty not
driving" time. This specific group of drivers is
allowed to extend, by the amount of their waiting
time, the 14-hour period after coming on-duty during
which driving is allowed.
No. Off-duty time at a yard for oil-field
equipment is counted toward the calculation of the
14-hour rule. Only waiting time at a natural gas or
oil well site may be excluded from on-duty time.
No. The exception in § 395.1(o) is only available
to drivers who otherwise strictly observe the
14-hour limit. Since § 395.1(d)(2) allows drivers of
commercial motor vehicles specially constructed to
service oil wells to exclude waiting time at a
natural gas or oil well site from on-duty time,
these drivers do not strictly observe the 14-hour
limit on a daily basis. An oilfield driver may
choose to use the exception provided in either §
395.1(d)(2) or § 395.1(o), but not both.
Based on the language of § 395.1(d)(1), dedicated
oilfield mechanics operating CMVs are able to take
advantage of the 24-hour restart provision since
they a re servicing the vehicles/equipment
associated with field operations. However, the
mechanics may not take advantage of the provisions
of § 395.1(d)(2) to exclude waiting time at a
natural gas or oil well site from on-duty time
because the vehicle being operated is not specially
constructed to service oil wells.
Back
- Under § 395.1(c), a driver
meeting the "driver-salesperson" definition in
§ 395.2 (private carrier, solely
delivering and selling goods or services, 100
air-mile radius, no more than 50% of on-duty time is
driving) does not have to comply with the 60/70-hour
limitation if the driver does not exceed 40 hours
driving in any 7-consecutive-day period.
- A property-carrying
driver-salesperson may use the "no RODS"
provision of § 395.1(e)(1) if the
driver-salesperson meets the requirements of
operating within a 100-air-mile radius and has
at least 10 consecutive hours off-duty
separating each 12 hours on-duty. Although a
driver-salesperson is not required to return to
the work reporting location to be released from
work within 12 hours, the driver may not drive
after the 14 th hour after coming on duty.
Driver-salespersons using the 100-air-mile
radius exception must complete a RODS on days in
which they exceed 12 hours on duty.
- A driver-salesperson may be
eligible to use the 16-hour exception of
§ 395.1(o) if the driver meets all of the
requirements of that section.
- A property-carrying
driver-salesperson may use the 150-mile
exemption, if applicable.
Copy from FMCSA web site |
