HOS Regulations
SUMMARY OF HOURS OF SERVICE (HOS) REGULATIONS AS OF JULY 2013
Changes Compared to Current Rule
| PROVISION | CURRENT RULE | FINAL 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 | CURRENT RULE | FINAL 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 HOURS-OF-SERVICE (HOS) FINAL REGULATIONS
The following table summarizes the HOS regulations for property-carrying and passenger-carrying CMV drivers.
| PROPERTY-CARRYINg CMV DRIVERS (Valid as of July 1, 2013) |
| 11-Hour Driving LimitMay drive a maximum of 11 hours after 10 consecutive hours off duty. |
| 14-Hour LimitMay not drive beyond the 14th consecutive hour after coming on duty, following10 consecutive hours off duty. Off-duty time does not extend the 14-hour period. |
| Rest BreaksMay 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 On-Duty LimitMay 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 ProvisionDrivers 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. |
| PASSENGER-CARRYINg CMV DRIVERS |
| 10-Hour Driving LimitMay drive a maximum of 10 hours after 8 consecutive hours off duty. |
| 15-Hour On-Duty LimitMay 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. |
| 60/70-Hour On-Duty LimitMay not drive after 60/70 hours on duty in 7/8 consecutive days. |
| Sleeper Berth ProvisionDrivers 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. |