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Frequently Asked Question

What Are the FMCSA Hours-of-Service Limits for Property-Carrying Drivers?

FMCSA hours-of-service rules limit how long a driver of a property-carrying commercial motor vehicle may drive and stay on duty. The limits apply to the motor carrier and the driver alike: a carrier may not permit or require a driver to exceed them, and a driver may not drive beyond them, regardless of how many carriers use the driver's services (49 CFR 395.3(a)). Which operations are covered is explained in understanding DOT regulated and what is a DOT-regulated employer.

The daily limits (49 CFR 395.3(a)).

  • 10 hours off duty. A driver may not drive without first taking 10 consecutive hours off duty.
  • 14-hour window. A driver may not drive after 14 consecutive hours following that off-duty period. Off-duty breaks inside the window do not extend it, except qualifying sleeper berth periods under 49 CFR 395.1(g) and the 16-hour short-haul exception, usable once every 7 consecutive days, under 49 CFR 395.1(o).
  • 11 hours of driving. A driver may drive a total of 11 hours within the 14-hour window.
  • 30-minute break. Driving is not permitted once 8 hours of driving time have passed without at least a consecutive 30-minute interruption. Off-duty, sleeper berth or on-duty not driving time, or a combination, satisfies the break. Drivers who qualify for a short-haul exception in 395.1(e)(1) or (2) are not subject to this break rule.

The weekly limits (49 CFR 395.3(b) and (c)).

  • A carrier that does not operate commercial motor vehicles seven days a week uses a limit of 60 hours on duty in any 7 consecutive days.
  • A carrier that operates seven days a week uses a limit of 70 hours on duty in any 8 consecutive days.
  • Either period may restart with an off-duty period of 34 or more consecutive hours.

Common exceptions in 49 CFR 395.1.

  • Adverse driving conditions. A driver who encounters adverse driving conditions, as defined in 395.2, and cannot safely complete the run within the limits may drive up to two additional hours beyond the maximums in 395.3(a) to complete the run or reach a safe place (49 CFR 395.1(b)(1)).
  • Sleeper berth. A driver using a sleeper berth may meet the 10-hour off-duty requirement with two periods, if neither is shorter than 2 consecutive hours, one is at least 7 consecutive hours in the sleeper berth, and the two total at least 10 hours (49 CFR 395.1(g)(1)).
  • Short haul. A driver operating within a 150 air-mile radius of the normal work reporting location who returns and is released within 14 consecutive hours, with at least 10 hours off duty between shifts for property carriers, is exempt from records of duty status under 395.8 and 395.11. The carrier keeps time records for 6 months (49 CFR 395.1(e)(1)).

Related duties. Hours-of-service compliance sits alongside other daily driver tasks, such as the inspections covered in FMCSA pre-trip and post-trip inspections. Passenger-carrying vehicles follow different limits in 49 CFR 395.5.

We are not a law firm. The information on this website is for informational purposes only and may not be up to date. Always consult a licensed attorney for personalized legal advice.

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