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FMCSA Regulations
Truck Driver Hours-of-Service Rules: What the FMCSA Requires and Why It Matters After a Crash
Quick Answer
Federal hours-of-service rules (49 CFR part 395) let a truck driver drive 11 hours within a 14-hour window after 10 hours off, with breaks and weekly caps; violations can be key evidence of fatigue.
- 11 hours of driving, 14-hour window (49 CFR 395.3(a)): after 10 consecutive hours off duty, a property-carrying driver may drive up to 11 hours and may not drive after the 14th hour on duty.
- 30-minute break (49 CFR 395.3(a)(3)(ii)): a driver may not drive once 8 hours of driving have passed without a 30-minute interruption, unless a short-haul exception applies.
- Weekly limits (49 CFR 395.3(b)–(c)): no driving after 60 hours on duty in 7 days or 70 hours in 8 days; 34 consecutive hours off can restart the count.
- Bus drivers follow different limits (49 CFR 395.5): 10 hours of driving after 8 hours off, and no driving after 15 hours on duty.
- The proof is in the records: ELD data, supporting documents such as bills of lading and dispatch records, and receipts can show whether a driver broke the limits. Carriers only have to keep most of these records for 6 months (49 CFR 395.8(k)).
Truck drivers work long, tedious hours, often sleep in the sleeper berth of their cab, and park at busy rest stops. Those conditions can lead to sleep deprivation and fatigue, and a fatigued driver reacts more slowly, makes poorer decisions, misjudges speed and distance, and can fall asleep at the wheel. The federal hours-of-service (HOS) rules are the main safeguard against that risk.
Our glossary entry on hours of service gives the short definition. This page goes further: it walks through each limit with its current citation, explains the exceptions that trucking companies rely on, and shows how we use the rules when we investigate a crash. Our FMCSA regulations overview covers the other federal safety rules.
We reviewed every rule on this page against the current text of the Electronic Code of Federal Regulations (eCFR). This is general information, not legal advice, and every case depends on its own facts.
The rule at a glance
| Requirement | 49 CFR citation | Summary |
|---|---|---|
| Off duty before driving | 395.3(a)(1) | 10 consecutive hours off duty before driving |
| 14-hour window | 395.3(a)(2) | No driving after 14 consecutive hours after coming on duty |
| Daily driving limit | 395.3(a)(3)(i) | 11 hours of driving within the 14-hour window |
| 30-minute break | 395.3(a)(3)(ii) | Required once 8 hours of driving have passed; on-duty-not-driving time counts |
| Weekly on-duty limit | 395.3(b) | 60 hours in 7 days, or 70 hours in 8 days if the carrier operates every day |
| 34-hour restart | 395.3(c) | The 7- or 8-day period may restart after 34+ consecutive hours off |
| Sleeper-berth split | 395.1(g)(1) | Two rest periods: one of 7+ hours in the berth, neither under 2 hours, 10+ hours total |
| Adverse driving conditions | 395.1(b)(1) | Up to 2 extra hours when unexpected conditions arise |
| 150 air-mile short haul | 395.1(e)(1) | No logs or ELD if within 150 air miles and released within 14 hours; carrier keeps time records 6 months |
| Bus and passenger drivers | 395.5 | 10 hours of driving after 8 hours off; no driving after 15 hours on duty; 60/70-hour weekly limits |
| Ill or fatigued driver | 392.3 | No driving while fatigue or illness makes it unsafe, even within the hour limits |
| Coercion | 390.6 | Carriers, shippers, receivers, and brokers may not pressure a driver to break these rules |
What the rule requires
Who is covered. The limits apply to both the driver and the motor carrier. Under 49 CFR 395.3, no carrier may “permit or require” a driver to break them, “regardless of the number of motor carriers using the driver’s services.” A driver cannot reset the clock by switching to a second company for the same day.
What counts as on duty. The 14-hour window and the weekly limits count on-duty time, not just driving. Under 49 CFR 395.2, on-duty time includes waiting to be dispatched, inspecting or servicing the truck, loading and unloading or supervising it, attending a disabled vehicle, and any other work for the carrier. A driver who spent four hours waiting at a dock has used four hours of the 14-hour window.
The daily limits. A driver must first take 10 consecutive hours off duty. The driver may then drive up to 11 hours but may not drive after the 14th consecutive hour after coming on duty. Once 8 hours of driving have passed, the driver needs a consecutive 30-minute interruption, which can be off-duty, sleeper-berth, or on-duty-not-driving time.
The weekly limits. A driver may not drive after 60 hours on duty in any 7 consecutive days, or 70 hours in any 8 consecutive days if the carrier operates every day of the week. Taking 34 or more consecutive hours off duty starts a new 7- or 8-day period.
The sleeper-berth split. A driver can meet the 10-hour rest requirement with two periods, if one is at least 7 consecutive hours in the sleeper berth, neither is shorter than 2 hours, and together they total at least 10 hours. The driving time before and after each rest period still cannot exceed 11 hours, and the qualifying rest periods do not count toward the 14-hour window (49 CFR 395.1(g)(1)).
Exceptions companies rely on.
- Adverse driving conditions (49 CFR 395.1(b)(1)). Up to 2 extra hours to finish the run or reach a safe place. Under 49 CFR 395.2, the conditions (snow, ice, sleet, fog, or unusual road or traffic conditions) must not have been known, or reasonably knowable, before the duty day or dispatch.
- 150 air-mile short haul (49 CFR 395.1(e)(1)). A driver who stays within 150 air miles of the normal work reporting location, returns, and is released within 14 hours needs no record of duty status. The employer must keep accurate time records for 6 months.
- Non-CDL short haul (49 CFR 395.1(e)(2)). Drivers of property-carrying vehicles that do not require a CDL may drive until the 14th hour on 5 days, and the 16th hour on 2 days, of any 7-day period.
- 16-hour exception (49 CFR 395.1(o)). A property-carrying driver who was released at the normal work reporting location for the previous five duty tours may be released within 16 hours instead of 14, once in any 6 consecutive days unless a 34-hour restart intervenes.
- Emergencies (49 CFR 390.23). During declared emergencies, carriers providing direct emergency assistance can be temporarily relieved of the hour limits. That is why some limits were waived for COVID-19 relief loads in 2020. Those waivers were temporary and are not part of the permanent rules on this page.
Passenger carriers. Bus and motorcoach drivers may not drive more than 10 hours after 8 consecutive hours off duty, or after 15 hours on duty following 8 hours off (49 CFR 395.5). They have their own sleeper-berth rule in 49 CFR 395.1(g)(3).
Why it matters after a crash
These limits exist to fight driver fatigue. A separate rule, 49 CFR 392.3, bars driving while fatigue or illness makes it unsafe, so a log that looks legal does not end the question.
When records show a driver was past the 11-hour or 14-hour limit, skipped a required break, or never took 10 hours off, that can be strong evidence that fatigue contributed to the crash. It can also point beyond the driver. If dispatch messages, delivery deadlines, or pay practices show the company pushed the driver past the limits, the company may be responsible too, and 49 CFR 390.6 separately prohibits coercing a driver to break the rules.
In our firm’s view, the 2020 changes to these rules (85 FR 33452, June 1, 2020), which added the 7/3 sleeper-berth split, moved the 30-minute break to 8 hours of driving time, and expanded the short-haul and adverse-conditions provisions, give unsafe companies more room to push tired drivers. More options also mean more ways to get the math wrong.
Common violations
- Driving past the 11-hour limit or after the 14th hour on duty.
- Starting a shift without 10 consecutive hours off.
- Skipping the 30-minute break after 8 hours of driving.
- Exceeding the 60-hour or 70-hour weekly limit, or claiming a 34-hour restart that never happened.
- Logging on-duty work, like loading or waiting at a dock, as off duty to stretch the window.
- Misusing the sleeper-berth split, the adverse-conditions extension, or a short-haul exception the driver did not actually qualify for.
- Falsifying a record of duty status, which 49 CFR 395.8(e) prohibits.
- A carrier dispatching a driver it knows is out of hours, or a driver who keeps driving after being ordered out of service (49 CFR 395.13).
- Driving fatigued or ill, even within the hour limits (49 CFR 392.3).
How violations are proven
Records of duty status.
Most interstate drivers must record their duty status on an electronic logging device, and the carrier must keep those records for at least 6 months (49 CFR 395.8(k)). The driver must also carry the records for the previous 7 days.
Supporting documents.
Under 49 CFR 395.11, carriers must keep documents that can verify the logs: bills of lading and itineraries, dispatch and trip records, expense receipts, fleet-management messages, and payroll or settlement records. Comparing them with the log can expose gaps.
Prior-employer time.
A carrier using a driver for the first time or intermittently must get a signed statement of the driver’s on-duty time for the previous 7 days (49 CFR 395.8(j)(2)). A missing statement can mean hours from another job were never counted.
Other evidence.
We also look at fuel and food receipts, cell phone records, credit card data, GPS and telematics data, and the truck’s event data recorder. Our evidence checklist lists what to gather.
Speed matters.
Because most records only have to be kept for 6 months, a preservation letter should go out quickly. See what to do after a truck accident.
If you were hurt in a crash with a truck or bus and suspect the driver was tired, call Seattle Truck Law at (866) 580-4878 or contact us online for a free consultation.
General information, not legal advice.
Frequently Asked Questions
Under 49 CFR 395.3, a property-carrying driver who has had 10 consecutive hours off duty may drive up to 11 hours, but may not drive after the 14th consecutive hour after coming on duty. Loading, waiting, and other work count toward that 14-hour window. The driver also needs a 30-minute break once 8 hours of driving have passed, unless a short-haul exception applies. Some exceptions, such as adverse driving conditions, can add time.
Yes. Under 49 CFR 395.2, on-duty time includes waiting to be dispatched, loading and unloading or supervising it, inspecting the truck, and other work for the carrier. That time counts toward the 14-hour window and the 60/70-hour weekly limits, even though it is not driving time. Logging this work as off duty to stretch a shift is a falsified record, which 49 CFR 395.8(e) prohibits.
It can be. The rules bar carriers from permitting or requiring a driver to exceed the limits (49 CFR 395.3), and 49 CFR 390.6 prohibits carriers, shippers, receivers, and brokers from coercing a driver to break them. Dispatch records, delivery deadlines, and messages can show whether a company pushed a driver. Whether a company is responsible in a particular case is a question to review with a lawyer.
Yes, with different limits. Under 49 CFR 395.5, a passenger-carrying driver may not drive more than 10 hours after 8 consecutive hours off duty, or after being on duty 15 hours following 8 hours off. The same 60-hour/7-day and 70-hour/8-day weekly limits apply. If you were hurt on or by a bus, our passenger bus accidents page explains how we investigate those crashes.
A clean log is not the end of the investigation. Under 49 CFR 392.3, no driver may operate while fatigue makes it unsafe, even within the hour limits. Logs can also be wrong. We compare them with supporting documents such as bills of lading, dispatch records, receipts, and payroll records, along with phone and GPS data, to check whether the recorded hours match what really happened.
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Contact the Seattle Truck Law Team Today
If you’ve been injured in a trucking accident, contact Seattle Truck Law at (866) 580-4878 or fill out our online form for a free consultation. You pay no fees or expenses unless we recover compensation on your behalf. Don’t wait—the sooner you contact us, the sooner our attorneys can preserve evidence, investigate your claim, and start building your case.