Hours of Service

The Revised Hours-Of-Service (HOS) Regulations

In July 2013, the Federal Motor Carrier Safety Administration (FMCSA) issued a significant revision to the HOS regulations. These regulations only apply to property carriers and drivers.

The following summary of HOS regulations duty status lines apply to federal FMCSA regulations.

Below is a brief summary of the hours-of-service regulations:

HOS DUTY STATUS DEFINITIONS

DUTY STATUS LINE

FMCSA SECTIONS

DEFINITION

OTHER DETAILS/EXAMPLES
(Not an inclusive list)

Line 1

395.8

Off Duty

  • Relieved of duty
  • Relieved from all responsibility for your vehicle
  • Rest breaks taken outside of the sleeper berth, including meal breaks
  • Doing laundry
  • Home time, including going home for a 34-hour restart

Line 2

395.1

Sleeper Berth

  • Time spent in the sleeper berth

Line 3

395.2,
395.3

Driving

  • All time spent operating at the driving controls of a commercial motor vehicle in operation
  • When the computer detects motion
  • The computer log shows this movement as drive time

Line 4

395.2,
395.3

On Duty - Not Driving

  • All time:
    • From the time you begin to work or are required to be ready to work until the time you are relieved from work
    • And all responsibility for performing work
  • Parked CMV: Does not include any time resting in a parked commercial motor vehicle
  • Moving CMV: In a moving commercial motor vehicle, does not include up to two hours in the passenger seat immediately before or after an eight-hour consecutive break in the sleeper berth
  • Work performed for the Company
  • Pre-trip inspection and other inspections
  • Quarterly safety training
  • When you physically load or unload or help load or unload a trailer
  • Giving or receiving receipts or paperwork at a customer
  • Time spent providing a breath sample or urine specimen, including travel time to and from a collection site
  • Performing any compensated work for the Company
  • You must send the appropriate message to indicate that you are on duty, not driving

PDFHours of Service Regulations

If a driver exceeds any of the 11-, 14-, 70-hour or rest break rule limits, a log violation record is created and the driver will be required to find a safe haven and stop driving. The driver may resume driving once they have taken a break and regained legal hours to drive.

How To Split Break

Split breaks are not always the easiest part of logging, especially with the 14-hour rule. Please utilize this split break tool to help plan trips if split breaks are needed:

PDFHow To Split Break

Simply Stated

Drivers may drive up to 11 hours instead of 10 hours, but are limited to 14 hours in a duty period. The 14-hour duty period may not be extended with off-duty time for meal and fuel stops, etc. Only the use of an eight-hour or more sleeper berth break can stop the 14-hour clock.

Each duty period must begin with at least 10 hours off duty, rather than eight.

The 70 hours on duty in eight consecutive days remains the same, but drivers can “restart” the eight-day period by taking at least 34 consecutive hours off duty.

Sleeper Berth Exception

Drivers may split on-duty time by using split breaks. To fulfill the requirements of the split break, a driver must have:

  • One period equal at least eight hours or more in the sleeper berth.
  • A separate period of a minimum of two or more hours, which may be off duty, sleeper berth or a combination of the two.

Example:

Break #1: Two hours (off duty)

Drive #1: Four hours

Break #2: Eight hours (sleeper)

Drive #2: Driver would find his two periods that satisfy the split break requirements. In this example, this would be the two hours off duty and the eight hours in the sleeper. Driver would start calculating time towards the 14-hour rule at the end of the first rest period.

Driver would take the four hours of driving between the breaks:

  • 11 hr rule: 11 - 4 = 7 hours available on the 11-hour rule.
  • 14 hr rule: 14 - 4 = 10 hours available on the 14-hour rule.

The lapsed time in the period immediately before and after each period when added together does not include any driving after the 14th hour. Actions like unloading and fueling still will be allowed after the 14th hour (driver must have an uninterrupted 10-hour break before driving again).

The only way to stop the 14-hour clock now is an eight-hour sleeper berth break.

34-Hour Restart

A driver who obtains 34 consecutive hours off duty and/or in a sleeper berth may reset his/her 70-hour clock.

A qualifying restart must include two periods from 1- 5 a.m. Central Time and may only begin once 168 hours (seven days) have passed since the beginning of the driver’s last restart.

The 34 hours must be consecutive and not broken by on duty or driving activities.

Depending on when the driver begins a restart, it may be necessary to remain off duty longer than 34 hours to include two periods from 1-5 a.m. Central Time.

14-Hour Rule

A driver may not drive beyond the 14th hour after coming on duty following 10 hours off duty. This means, once the driver begins an on-duty period of any kind, the 14-hour clock begins.

Example:

If a driver starts an on-duty status at 06:00, the driver would have to stop driving at 20:00 (14 hours later).

The only way to stop the clock is a minimum sleeper berth break of eight hours or more. This means all time spent waiting for trailers, paperwork and parking will limit a driver’s available hours.

Example:

Driver starts an on-duty status at 06:00, which means the 14-hour clock is up at 20:00. During the 14-hour period, the driver also takes an eight-hour sleeper berth break. This now means the driver has until 04:00 the next morning to get his driving in.

Once the 14 hours are reached, the driver may no longer drive but can continue to work. The driver must take a 10-hour consecutive break before resuming driving if they work beyond their 14th hour.

Rest Break Rule

A driver cannot drive if more than eight hours have passed since the end of the driver’s last off-duty or sleeper berth period of at least 30 minutes.

A driver may work beyond the eighth hour, but CANNOT drive before taking at least 30 consecutive minutes off duty.

The required break must be at least 30 minutes and can be taken at any time during the first eight hours on duty. The driver may not perform any on-duty tasks during this break.

This break is counted toward the 14-hour limit. It does not extend a driver’s workday.

Thank You for Contacting Werner Enterprises.