Updated! FMCSA – “Summary of Hours-of-Service (HOS) Regulations”

Who Must Comply

HOS Final Rule

Most drivers must follow the HOS Regulations if they drive a commercial motor vehicle, or CMV.

In general, a CMV is a vehicle that is used as part of a business and is involved in interstate commerce and fits any of these descriptions:

Weighs 10,001 pounds or more
Has a gross vehicle weight rating or gross combination weight rating of 10,001 pounds or more
Is designed or used to transport 16 or more passengers (including the driver) not for compensation
Is designed or used to transport 9 or more passengers (including the driver) for compensation
Is transporting hazardous materials in a quantity requiring placards

The Hours of Service of Drivers Final Rule [Download PDF Version] was published in the Federal Register on December 27, 2011. The effective date of the Final Rule was February 27, 2012, and the compliance date of remaining provisions was July 1, 2013. The links below provide more details regarding the HOS Final Rule:

Download HOS Reference Materials

National Ready Mixed Concrete Association Application for Exemption (PDF) New!
U.S. Department of Defense (DOD) Application for Exemption (PDF) New!
National Pork Producers Council Application for Exemption (PDF) New!
Regulatory Guidance for Oilfield Exception (PDF) New!
Updated HOS 30-Minute Break Enforcement Policy for Short-Haul Drivers (PDF) New!
Regulatory Guidance Concerning Off-Duty Time (PDF)
HOS Limited 90-Day Waiver for Livestock Transportation
HOS Visor Card for Truck Drivers
News Release (July 1, 2013)
Question and Answers
Interstate Truck Driver’s Guide to Hours of Service (PDF)
Logbook Examples (PDF)
HOS Regulations – Part 395
Final Rule (PDF)
Regulatory Impact Analysis (PDF)
- Appendices A-E (PDF)
Environmental Assessment (PDF)
- Appendices A-E (PDF)
Petitions for Reconsideration and Replies (PDF)

Hours-of-Service (HOS) Regulations – Comparison

Comparison to Prior Rule. [Download PDF Version]

PROVISION	PRIOR RULE	UPDATED RULE – COMPLIANCE DATE JULY 1, 2013
Limitations on minimum “34-hour restarts”	None	(1) Must include two periods from 1 a.m. to 5 a.m., home terminal time. (2) May only be used once per week, 168 hours, measured from the beginning of the previous restart.
Rest breaks	None except as limited by other rule provisions.	May drive only if 8 hours or less have passed since end of driver’s last off-duty or sleeper-berth period of at least 30 minutes. [49 CFR 397.5 mandatory “in attendance” time for hazardous materials may be included in break if no other duties performed]
PROVISION	PRIOR RULE	UPDATED RULE – COMPLIANCE DATE FEBRUARY 27, 2012
On-duty time	Includes any time in CMV except sleeper-berth.	Does not include any time resting in a parked vehicle (also applies to passenger- carrying drivers). In a moving property-carrying CMV, does not include up to 2 hours in passenger seat immediately before or after 8 consecutive hours in sleeper-berth.
Penalties	“Egregious” hours of service violations not specifically defined.	Driving (or allowing a driver to drive) more than 3 hours beyond the driving-time limit may be considered an egregious violation and subject to the maximum civil penalties. Also applies to passenger-carrying drivers.
Oilfield exemption	“Waiting time” for certain drivers at oilfields (which is off-duty but does extend 14-hour duty period) must be recorded and available to FMCSA, but no method or details are specified for the recordkeeping.	“Waiting time” for certain drivers at oilfields must be shown on logbook or electronic equivalent as off-duty and identified by annotations in “remarks” or a separate line added to “grid.”

Summary of HOS Regulations as of July 1, 2013

The following table summarizes the HOS regulations for property-carrying and passenger-carrying drivers.
[Download PDF Version]

HOURS-OF-SERVICE RULES
PROPERTY-CARRYING DRIVERS	PASSENGER-CARRYING DRIVERS
11-Hour Driving Limit May drive a maximum of 11 hours after 10 consecutive hours off duty.	10-Hour Driving Limit May drive a maximum of 10 hours after 8 consecutive hours off duty.
14-Hour Limit May not drive beyond the 14th consecutive hour after coming on duty, following 10 consecutive hours off duty. Off-duty time does not extend the 14-hour period.	15-Hour Limit May not drive after having been on duty for 15 hours, following 8 consecutive hours off duty. Off-duty time is not included in the 15-hour period.
Rest Breaks May drive only if 8 hours or less have passed since end of driver’s last off-duty or sleeper-berth period of at least 30 minutes. [49 CFR 397.5 mandatory “in attendance” time may be included in break if no other duties performed]	60/70-Hour Limit May not drive after 60/70 hours on duty in 7/8 consecutive days.
60/70-Hour Limit May not drive after 60/70 hours on duty in 7/8 consecutive days. A driver may restart a 7/8 consecutive day period after taking 34 or more consecutive hours off duty. Must include two periods from 1 a.m. to 5 a.m. home terminal time, and may only be used once per week, or 168 hours, measured from the beginning of the previous restart.	Sleeper Berth Provision Drivers using a sleeper berth must take at least 8 hours in the sleeper berth, and may split the sleeper-berth time into two periods provided neither is less than 2 hours.
Sleeper Berth Provision Drivers using the sleeper berth provision must take at least 8 consecutive hours in the sleeper berth, plus a separate 2 consecutive hours either in the sleeper berth, off duty, or any combination of the two.