What It Means
For drivers of property-carrying trucks, 49 CFR 395.3 says a driver:
- Must take 10 consecutive hours off duty before starting a shift.
- May not drive after the 14th consecutive hour after coming on duty.
- May drive a total of 11 hours within that 14-hour window.
- Must take at least a 30-minute break after 8 hours of driving time (short-haul drivers who qualify are excepted).
- May not drive after 60 hours on duty in 7 consecutive days, or 70 hours in 8 days, depending on the carrier’s schedule.
Drivers who use a sleeper berth can split the required 10 hours into two periods, as long as one is at least 7 consecutive hours in the berth, neither is shorter than 2 hours, and together they total at least 10 hours (49 CFR 395.1(g)). Drivers who run into unexpected adverse driving conditions may drive up to two extra hours (49 CFR 395.1(b)). Bus drivers follow separate limits: no more than 10 hours of driving after 8 consecutive hours off duty (49 CFR 395.5).
Why It Matters in a Truck Accident Case
HOS rules exist to fight driver fatigue, which slows reaction times, impairs judgment, and can lead to falling asleep at the wheel. A driver who broke these limits may have been negligent. Evidence may also show that the trucking company pressured the driver to exceed them, which can make the company responsible too.
