FMCSA's Hours of Service Regulations
The Federal Motor Carrier Safety Administration (FMCSA) sets out the hours of service regulations for commercial motor vehicle drivers. These regulations are intended to ensure the safe and efficient operation of commercial motor vehicles through certain hours of service limitations. The FMCSA sets a series of hours limits governing when commercial driver's license (CDL) holders can drive certain kinds of vehicles, including tank trucks, buses, and tractor-trailers.
Hours of Service: An Overview
You will find a basic introduction to Hours of Service standards in the United States in this guide to Hours of Service (HOS) for commercial vehicle drivers. Additionally, this article will provide an overview of HOS rulesets and driving limitations.
What are DOT's Hours of Service?
Hours of Service regulations limit how long truck drivers can drive and work to improve road safety. HOS standards control maximum driving hours, break and off times, and duty cycles.
Part 395 of the Federal Motor Carrier Safety Regulations covers driver service hours. 2011's Hours of Service Final Rule was published. FMCSA oversees interstate regulations and mandates adjustments.
Australia, Brazil, and Canada have HOS restrictions. This article discusses driving regulations in the US and how HOS is managed and regulated.
Who has to follow Hours of Service rules?
Hours of Service rules apply to all drivers who operate a commercial motor vehicle (CMV) in the U.S., whether from the U.S. or a Canadian or Mexican international motor carrier. A CMV is a car or truck, with or without a trailer, which meets any of the following requirements:
Has a gross vehicle weight rating or gross combination weight rating of at least 10,001 lbs.
Transports hazardous materials in quantity requiring placards
Made on purpose or used to carry 16 people, including the driver, without paying for it.
Made on purpose or used to carry nine or more people, including the driver, for pay.
Where do rules about hours of service apply?
Many countries have hours-of-service regulations. Interstate and intrastate hours-of-service regulations exist in the U.S.
Misconception: Interstate commerce is automobiles or drivers crossing state borders.
Interstate trade involves the cross-state transfer of products, services, and passengers. Drivers who aren't always active in interstate commerce must follow FMCSA Hours of Service (HOS) laws for 7 or 8 days after they stop.
Intrastate commerce involves moving products, services, and travelers within a state. Intrastate drivers are exempt from Hours of Service (HOS) requirements. Each state has its own HOS requirements for intrastate drivers, such as the Texas Transportation Code.
Large-volume hazardous material transporters must comply with FMCSA Hours of Service (HOS) standards, not intrastate restrictions.
Property-carrying and passenger-carrying drivers
A company like a moving company or one that delivers packaged food is an example of a property carrier. People get from one place to another on a passenger carrier, like a city bus or tour bus. There are different sets of rules that both property carriers and passenger carriers must follow. There are also different exceptions to these sets of rules.
11 Hour driving limit
Property-carrying drivers can only drive their trucks for a maximum of 11 hours in a 14-hour workday. This is after they have been off-duty for 10 hours in a row. This means they can't drive for more than 11 hours in a single day without taking a long break.
14 Hour Limit (Property-carrying drivers)
The 14-hour workday limit means that after 10 hours off-duty, a driver cannot drive for more than 14 hours.
This workday limit is designed to prevent driver fatigue. Driving, rest limits, and OFF-DUTY breaks are included. This 14-hour driving window doesn't change if the driver goes off-duty to nap.
60/70-Hour Limit
The 70-hour in 8 days rule (or 60 in 7) limits driving and on-duty time to 70 hours in any 8-day period (or 60 hours in any 7-day period). Drivers have a limited ON-DUTY time per cycle (week).
Add today's Driving and ON-Duty time to the previous 7 days. This can't exceed 70 hours. After 60/70 hours ON-DUTY in 7/8 days, drivers can't drive.
When the oldest day in a driver's 8-day window slips out of range, he gains time at midnight. Resetting a 70-hour clock takes 34 hours.
Sleeper Berth Provision
The "sleeper berth" truck cab has a bed, desk, TV, and refrigerator. Drivers can use sleeper berth time for mandatory rest or OFF-DUTY time.
If drivers have a 10-hour OFF-DUTY time, they can spend all 10 hours in the sleeper berth or do 8 hours of OFF-DUTY, then some driving, then 2 hours of OFF-DUTY time.
What is the passenger-carrying duty limit?
Instead of a workday limit, passenger-carrying vehicles have a 15-hour limit. The duty Limit is non-consecutive; thus, time off duty or in the sleeper berth doesn't count. Passenger carriers and some intrastate property carriers use a 15-hour duty limit to let drivers complete non-driving chores. Long gaps are allowed between freight pickup and delivery.
Restart after 34 hours
A driver's limit is 60 hours in 7 days (or 70 in 8 days). To work again, they must be off-duty for 34 hours. 34-hour reset or restart.
Drivers must have non-working/off hours within a 24-hour period to rest from driving and other tasks. Drivers can spend their off-duty time in the sleeper berth, at a hotel, or at home. When the driver is no longer transporting goods, services, or passengers, they are OFF-DUTY. They can drive OFF-DUTY, but not to fuel or service the vehicle.
Previously, a 34-hour restart restriction required two OFF-Duty periods from 1 to 5 a.m. and once per week. Based on a DOT study of truckers conducted by the FMCSA and Virginia Tech, the requirements were struck down.
30 Minute Driving Break
Rest time is the break a CMV driver must take after driving for several hours. For example, a driver who transports goods must stop for 30 minutes if he or she drives for 8 hours straight without stopping.
This is not something the drivers can choose not to do. Instead, it is a break they have to take. Any status other than driving can be used to record breaks.
Who doesn't have to follow the Hours of Service?
There are a lot of exceptions and exemptions that change or add to the above categories. See below for a list of some of the most common exceptions to the Hours of Service rule.
List of common Hours of Service exemptions:
16-hour rule: Drivers can add two hours to their 14-hour workday under certain circumstances.
Adverse driving conditions: Increases the driving limit/ON-Duty limit by up to 2 hours if there are problems on the road. Bad driving conditions like snow, fog, or sudden traffic jams are covered, but more common problems like traffic jams during rush hour are not.
Oil transport: Allows drivers in the oil transportation industry to start a new work week after being off-duty for 24 hours straight.
Salesperson: The 60-hour/7-day limit and the 70-hour/8-day limit do not apply to drivers who are also salespeople.
Short-haul: After 8 hours on duty, drivers of "short-haul" vehicles don't have to take a half-hour break.
Wait-at-well: Drivers who transport oil wells can use the time they spend waiting at an oil well site as OFF-DUTY time or meet their 30-minute break requirement.
Most common Hours of Service violations
There are many ways to break the HOS rules, but these are the most common:
Operating for more than 14 hours
Over 60/70 hours on the road in 7/8 days
Driving for more than 11 hours
No Record of the Status of Duty
False logs
The wrong type of license
There are several ways to find out about a violation:
Your carrier will keep track of your hours and know if you are over or under the limit.
During a roadside check, the police can determine if someone has broken the law.
The DOT can catch you at a weigh station if your company gets audited.
If you have an accident while driving over the HOS limit.
What is the fine or penalty for breaking Hours of Service?
Hours of Service violations can lead to sanctions for the driver and carrier.
Drivers may be stopped at the roadside until they have enough off-duty time.
State and local police can impose fines.
The FMCSA may impose civil fines of $1,000 to $16,000 per infraction on a driver or carrier. The Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 adjusts this penalty for inflation.
Repeated infractions can increase a carrier's safety rating.
Federal criminal sanctions can be filed against carriers that enable or demand violations or drivers who breach the regulations. Fines, license suspension, and jail time are examples.
Additional Hours of Service terms
34-hour restart: The driver must be OFF-DUTY for 34 hours before he or she can go back to work.
DOT Officer: A Department of Transportation (DOT) hires an officer to ensure people follow the rules.
Drive’s logs: In a manner comparable to Record of Duty Status Logs
Drive status: The amount of time spent driving the car.
ELD (Electronic Logging Device): Automatically records a driver's driving time and other HOS records.
Fine: Violations of hours of service rules can result in fines or other penalties, such as being placed out of service or a reduction in the driver or carrier's safety rating, depending on the severity of the violation. When a driver violates HOS standards, they must pay a fee and stop driving.
FMCSA: The US Department of Transportation's FMCSA oversees motor carriers. They govern interstate and global CMVs.
Hazmat (Hazardous Material): Any materials deemed dangerous by the FMCSA, such as pressurized gasses or spontaneously combustible material, require a placard and specific training (per FMCSA regulations).
Hours of Service: Safety standards govern drivers' driving, on-duty, off-duty, and resting times.
Inspection: A DOT officer checks the driver's HOS and other trucking restrictions.
Interstate commerce: The movement of passengers, products, services, and merchandise across state lines.
Intrastate commerce: The movement of people, products, and services that do not cross into another state while transported.
Logbook: A form that monitors the status of a driver's Hours of Service for a period of twenty-four hours.
Motor carrier: A business or individual that offers transportation of passengers or cargo using commercial motor vehicles (CMVs).
OFF-Duty status: Time off for recreation or relaxation for a driver
ON-Duty status: It is not considered driving when a driver performs activities that would work in any other context.
Team drivers (co-drivers): Two or more drivers switch between passenger and driver seats. Moving trucks use time-sensitive deliveries.
Conclusion
If a commercial truck driver breaks the Hours of Service rules, the FMCSA could put them on shutdown at the side of the road until they get enough time off. It could also get the driver in trouble with the law. If a driver breaks FMCSA rules on purpose and with knowledge, they could be charged with a federal crime. State and local police can also give drivers fines for breaking the law.
Even though it can be annoying to follow Hours of Service (HOS) rules, your company will benefit greatly. By ensuring your drivers follow simple rules that keep them safe on the road, you can improve workflows and keep deliveries on time. With a complete record of what your employees do, you'll be ready for any audit, whether it's from the government or your own company.
We hope these guidelines help you keep your driver's license and avoid fines in the future. Remember that you don't need to do everything at once—read through them, then prioritize what you want to do first and go in order from there. And as we said, trucking companies can be very understanding if you make a mistake. But it's better to play it safe and act now before you get a ticket or run afoul of the FMCSA.
About Vallon Consulting LLC: Vallon Consulting is A Full-Service Trucking Consulting Company that tackles some of the most critical challenges and obstacles in the trucking industry. Our diverse global team is passionate about helping carriers and fleet managers meet their goals and ensure business stability. We do this by providing services, solutions, resources, and education.
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