Driver FAQ's

THE REVISED HOURS-OF-SERVICE (HOS) REGULATIONS

The HOS Regulations as set down by the Federal Motor Carrier Safety Administration (FMCSA) and can be found in the Federal Motor Carrier Safety Regulations, Title 49, Part 395.

The following summary of HOS regulations were taken from the FMCSRs.

Duty Status Line 1
FMCSA Sections: 395.8

• Relieved of duty
• Relieved from all responsibility for your vehicle

Other Details/Examples:

• Rest breaks taken outside of the sleeper berth, including meal breaks
• Doing laundry
• Home time, including going home for a 34-hour restart

Duty Status Line 2
FMCSA Sections: 395.1

• Time spent in the sleeper berth

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.

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

Duty Status Line 3
FMCSA Sections: 395.2, 395.3

Other Details/Examples:

• Means all time spent at the driving controls of a commercial motor vehicle in operation
• When the ELD detects motion, the computer log shows this movement as driving time

Duty Status Line 4
FMCSA Sections: 395.8

All time:

• Means all time from the time a driver begins to work or is requried to be in readiness to work until the time the driver is relieved from work and all responsibility for performing work.
• Does not include up to two 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.

Other Details/Examples:

• 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
• Werner’s HOS application requires you to send the appropriate message to indicate that you are On Duty-Not Driving

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.

See the Full List of HOS Regulations Here