49 Cfr 395.1

§ 393.209

49 CFR Ch. III (10–1–13 Edition)

period when the vehicle’s air pressure
gauge shows normal operating pressure.
(g) Air suspension exhaust controls.
The air suspension exhaust controls
must not have the capability to exhaust air from the suspension system
of one axle of a two-axle air suspension
trailer unless the controls are either
located on the trailer, or the power
unit and trailer combination are not
capable of traveling at a speed greater
than 10 miles per hour while the air is
exhausted from the suspension system.
This paragraph shall not be construed
to prohibit—
Steering wheel diameter
406
457
483
508
533
559

mm
mm
mm
mm
mm
mm

(1) Devices that could exhaust air
from both axle systems simultaneously; or
(2) Lift axles on multi-axle units.
[53 FR 49402, Dec. 7, 1988, as amended at 70
FR 48055, Aug. 15, 2005]

§ 393.209

Steering wheel systems.

(a) The steering wheel shall be secured and must not have any spokes
cracked through or missing.
(b) Steering wheel lash. (1) The steering wheel lash shall not exceed the following parameters:

Manual steering system

or less (16 inches or less) ..........
(18 inches) ..................................
(19 inches) ..................................
(20 inches) ..................................
(21 inches) ..................................
(22 inches) ..................................

51
57
60
64
67
70

mm
mm
mm
mm
mm
mm

Power steering system

(2 inches) ....................................
(21⁄4 inches) ................................
(23⁄8 inches) ................................
(21⁄2 inches) ................................
(25⁄8 inches) ................................
(23⁄4 inches) ................................

(2) For steering wheel diameters not
listed in paragraph (b)(1) of this section
the steering wheel lash shall not exceed 14 degrees angular rotation for
manual steering systems, and 30 degrees angular rotation for power steering systems.
(c) Steering column. The steering column must be securely fastened.
(d) Steering system. Universal joints
and ball-and-socket joints shall not be
worn, faulty or repaired by welding.
The steering gear box shall not have
loose or missing mounting bolts or
cracks in the gear box or mounting
brackets. The pitman arm on the steering gear output shaft shall not be
loose. Steering wheels shall turn freely
through the limit of travel in both directions.
(e) Power steering systems. All components of the power system must be in
operating condition. No parts shall be
loose or broken. Belts shall not be
frayed, cracked or slipping. The system
shall not leak. The power steering system shall have sufficient fluid in the
reservoir.
[53 FR 49402, Dec. 7, 1988, as amended at 70
FR 48055, Aug. 15, 2005]

PART 394 [RESERVED]

108
121
127
133
140
146

mm
mm
mm
mm
mm
mm

(41⁄4 inches).
(43⁄4 inches).
(5 inches).
(51⁄4 inches).
(51⁄2 inches).
(53⁄4 inches).

PART 395—HOURS OF SERVICE OF
DRIVERS
Sec.
395.1 Scope of rules in this part.
395.2 Definitions.
395.3 Maximum driving time for propertycarrying vehicles.
395.5 Maximum driving time for passengercarrying vehicles.
395.7 [Reserved]
395.8 Driver’s record of duty status.
395.10—395.12 [Reserved]
395.13 Drivers declared out of service.
395.15 Automatic on-board recording devices.
AUTHORITY: 49 U.S.C. 504, 31133, 31136, 31137,
and 31502; sec. 113, Pub. L. 103–311, 108 Stat.
1673, 1676; sec. 229, Pub. L. 106–159 (as transferred by sec. 4115 and amended by secs. 4130–
4132, Pub. L. 109–59, 119 Stat. 1144, 1726, 1743,
1744); sec. 4133, Pub. L. 109–59, 119 Stat. 1144,
1744; sec. 108, Pub. L. 110–432, 122 Stat. 4860–
4866; sec. 32934, Pub. L. 112–141, 126 Stat. 405,
830; and 49 CFR 1.87.
SOURCE: 33 FR 19758, Dec. 25, 1968, unless
otherwise noted.
EDITORIAL NOTE: Nomenclature changes to
part 395 appear at 66 FR 49874, Oct. 1, 2001.

§ 395.1 Scope of rules in this part.
(a) General. (1) The rules in this part
apply to all motor carriers and drivers,
except as provided in paragraphs (b)
through (r) of this section.

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Federal Motor Carrier Safety Administration, DOT
(2) The exceptions from Federal requirements contained in paragraphs (l)
and (m) of this section do not preempt
State laws and regulations governing
the safe operation of commercial
motor vehicles.
(b) Driving conditions—(1) Adverse
driving conditions. Except as provided in
paragraph (h)(2) of this section, a driver who encounters adverse driving conditions, as defined in § 395.2, and cannot, because of those conditions, safely
complete the run within the maximum
driving time permitted by §§ 395.3(a) or
395.5(a) may drive and be permitted or
required to drive a commercial motor
vehicle for not more than 2 additional
hours beyond the maximum time allowed under §§ 395.3(a) or 395.5(a) to
complete that run or to reach a place
offering safety for the occupants of the
commercial motor vehicle and security
for the commercial motor vehicle and
its cargo.
(2) Emergency conditions. In case of
any emergency, a driver may complete
his/her run without being in violation
of the provisions of the regulations in
this part, if such run reasonably could
have been completed absent the emergency.
(c) Driver-salesperson. The provisions
of § 395.3(b) shall not apply to any driver-salesperson whose total driving time
does not exceed 40 hours in any period
of 7 consecutive days.
(d) Oilfield operations. (1) In the instance of drivers of commercial motor
vehicles used exclusively in the transportation of oilfield equipment, including the stringing and picking up of pipe
used in pipelines, and servicing of the
field operations of the natural gas and
oil industry, any period of 8 consecutive days may end with the beginning
of any off-duty period of 24 or more
successive hours.
(2) In the case of specially trained
drivers of commercial motor vehicles
that are specially constructed to service oil wells, on-duty time shall not include waiting time at a natural gas or
oil well site. Such waiting time shall
be recorded as ‘‘off duty’’ for purposes
of §§ 395.8 and 395.15, with remarks or
annotations to indicate the specific offduty periods that are waiting time, or
on a separate ‘‘waiting time’’ line on
the record of duty status to show that

§ 395.1

off-duty time is also waiting time.
Waiting time shall not be included in
calculating the 14-hour period in
§ 395.3(a)(2). Specially trained drivers of
such commercial motor vehicles are
not eligible to use the provisions of
§ 395.1(e)(1).
(e) Short-haul operations—(1) 100 airmile radius driver. A driver is exempt
from the requirements of § 395.8 if:
(i) The driver operates within a 100
air-mile radius of the normal work reporting location;
(ii) The driver, except a driver-salesperson, returns to the work reporting
location and is released from work
within 12 consecutive hours;
(iii)(A) A property-carrying commercial motor vehicle driver has at least 10
consecutive hours off duty separating
each 12 hours on duty;
(B) A passenger-carrying commercial
motor vehicle driver has at least 8 consecutive hours off duty separating each
12 hours on duty;
(iv)(A) A property-carrying commercial motor vehicle driver does not exceed the maximum driving time specified in § 395.3(a)(3) following 10 consecutive hours off duty; or
(B) A passenger-carrying commercial
motor vehicle driver does not exceed 10
hours maximum driving time following
8 consecutive hours off duty; and
(v) The motor carrier that employs
the driver maintains and retains for a
period of 6 months accurate and true
time records showing:
(A) The time the driver reports for
duty each day;
(B) The total number of hours the
driver is on duty each day;
(C) The time the driver is released
from duty each day; and
(D) The total time for the preceding
7 days in accordance with § 395.8(j)(2)
for drivers used for the first time or
intermittently.
(2) Operators of property-carrying commercial motor vehicles not requiring a
commercial driver’s license. Except as
provided in this paragraph, a driver is
exempt from the requirements of
§ 395.3(a)(2) and § 395.8 and ineligible to
use the provisions of § 395.1(e)(1), (g),
and (o) if:
(i) The driver operates a propertycarrying commercial motor vehicle for
which a commercial driver’s license is

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§ 395.1

49 CFR Ch. III (10–1–13 Edition)

not required under part 383 of this subchapter;
(ii) The driver operates within a 150
air-mile radius of the location where
the driver reports to and is released
from work, i.e., the normal work reporting location;
(iii) The driver returns to the normal
work reporting location at the end of
each duty tour;
(iv) The driver does not drive:
(A) After the 14th hour after coming
on duty on 5 days of any period of 7
consecutive days; and
(B) After the 16th hour after coming
on duty on 2 days of any period of 7
consecutive days;
(v) The motor carrier that employs
the driver maintains and retains for a
period of 6 months accurate and true
time records showing:
(A) The time the driver reports for
duty each day;
(B) The total number of hours the
driver is on duty each day;
(C) The time the driver is released
from duty each day;
(D) The total time for the preceding
7 days in accordance with § 395.8(j)(2)
for drivers used for the first time or
intermittently.
(f) Retail store deliveries. The provisions of § 395.3 (a) and (b) shall not
apply with respect to drivers of commercial motor vehicles engaged solely
in making local deliveries from retail
stores and/or retail catalog businesses
to the ultimate consumer, when driving solely within a 100-air mile radius
of the driver’s work-reporting location,
during the period from December 10 to
December 25, both inclusive, of each
year.
(g) Sleeper berths—(1) Property-carrying commercial motor vehicle—(i) In
general. A driver who operates a property-carrying commercial motor vehicle equipped with a sleeper berth, as
defined in §§ 395.2 and 393.76 of this subchapter,
(A) Must, before driving, accumulate
(1) At least 10 consecutive hours off
duty;
(2) At least 10 consecutive hours of
sleeper-berth time;
(3) A combination of consecutive
sleeper-berth
and
off-duty
time
amounting to at least 10 hours; or

(4) The equivalent of at least 10 consecutive hours off duty if the driver
does not comply with paragraph
(g)(1)(i)(A)(1), (2), or (3) of this section;
(B) May not drive more than the
driving limit specified in § 395.3(a)(3)(i),
or, in the case of drivers in Alaska, the
driving limit specified in § 395.1(h)(1)(i)–
(ii), following one of the 10-hour offduty periods specified in paragraph
(g)(1)(i)(A)(1) through (4) of this section. However, driving is permitted
only if 8 hours or fewer have passed
since the end of the driver’s last offduty break or sleeper-berth period of at
least 30 minutes; and
(C) May not drive for more than the
period specified in § 395.3(a)(2), or in the
case of drivers in Alaska, the period
specified in § 395.1(h)(1)(ii), after coming on duty following one of the 10hour off-duty periods specified in paragraph (g)(1)(i)(A)(1)–(4) of this section;
and
(D) Must exclude from the calculation of the 14-hour period in § 395.3(a)(2)
any sleeper-berth period of at least 8
but less than 10 consecutive hours.
(ii) Specific requirements. The following rules apply in determining compliance with paragraph (g)(1)(i) of this
section:
(A) The term ‘‘equivalent of at least
10 consecutive hours off duty’’ means a
period of
(1) At least 8 but less than 10 consecutive hours in a sleeper berth, and
(2) A separate period of at least 2 but
less than 10 consecutive hours either in
the sleeper berth or off duty, or any
combination thereof.
(B) Calculation of the driving limit
includes all driving time; compliance
must be re-calculated from the end of
the first of the two periods used to
comply with paragraph (g)(1)(ii)(A) of
this section.
(C) Calculation of the 14-hour period
in § 395.3(a)(2) includes all time—or, for
calculation of the 20-hour period in
§ 395.1(h)(1)(ii) for drivers in Alaska, all
on-duty time—except any sleeper-berth
period of at least 8 but less than 10 consecutive hours and up to 2 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 but less than 10 consecutive
hours in the sleeper berth; compliance

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Federal Motor Carrier Safety Administration, DOT
must be recalculated from the end of
the first of the two periods used to
comply with the requirements of paragraph (g)(1)(ii)(A) of this section.
(2) Specially trained driver of a specially constructed oil well servicing commercial motor vehicle at a natural gas or
oil well location. A specially trained
driver who operates a commercial
motor vehicle specially constructed to
service natural gas or oil wells that is
equipped with a sleeper berth, as defined in §§ 395.2 and 393.76 of this subchapter, or who is off duty at a natural
gas or oil well location, may accumulate the equivalent of 10 consecutive
hours off duty time by taking a combination of at least 10 consecutive
hours of off-duty time, sleeper-berth
time, or time in other sleeping accommodations at a natural gas or oil well
location; or by taking two periods of
rest in a sleeper berth, or other sleeping accommodation at a natural gas or
oil well location, providing:
(i) Neither rest period is shorter than
2 hours;
(ii) The driving time in the period
immediately before and after each rest
period, when added together, does not
exceed
the
limit
specified
in
§ 395.3(a)(3);
(iii) The driver does not drive after
the 14th hour after coming on duty following 10 hours off duty, where the 14th
hour is calculated:
(A) By excluding any sleeper berth or
other sleeping accommodation period
of at least 2 hours which, when added
to a subsequent sleeper berth or other
sleeping accommodation period, totals
at least 10 hours, and
(B) By including all on-duty time, all
off-duty time not spent in the sleeper
berth or other sleeping accommodations, all such periods of less than 2
hours, and any period not described in
paragraph (g)(2)(iii)(A) of this section;
and
(iv) The driver may not return to
driving subject to the normal limits
under § 395.3 without taking at least 10
consecutive hours off duty, at least 10
consecutive hours in the sleeper berth
or other sleeping accommodations, or a
combination of at least 10 consecutive
hours off duty, sleeper berth time, or
time in other sleeping accommodations.

§ 395.1

(3)
Passenger-carrying
commercial
motor vehicles. A driver who is driving a
passenger-carrying commercial motor
vehicle that is equipped with a sleeper
berth, as defined in §§ 395.2 and 393.76 of
this subchapter, may accumulate the
equivalent of 8 consecutive hours of
off-duty time by taking a combination
of at least 8 consecutive hours off-duty
and sleeper berth time; or by taking
two periods of rest in the sleeper berth,
providing:
(i) Neither rest period is shorter than
two hours;
(ii) The driving time in the period
immediately before and after each rest
period, when added together, does not
exceed 10 hours;
(iii) The on-duty time in the period
immediately before and after each rest
period, when added together, does not
include any driving time after the 15th
hour; and
(iv) The driver may not return to
driving subject to the normal limits
under § 395.5 without taking at least 8
consecutive hours off duty, at least 8
consecutive hours in the sleeper berth,
or a combination of at least 8 consecutive hours off duty and sleeper berth
time.
(h) State of Alaska—(1) Property-carrying commercial motor vehicle. The provisions of § 395.3(a) and (b) do not apply
to any driver who is driving a commercial motor vehicle in the State of Alaska. A driver who is driving a propertycarrying commercial motor vehicle in
the State of Alaska must not drive or
be required or permitted to drive—
(i) More than 15 hours following 10
consecutive hours off duty; or
(ii) After being on duty for 20 hours
or more following 10 consecutive hours
off duty.
(iii) After having been on duty for 70
hours in any period of 7 consecutive
days, if the motor carrier for which the
driver drives does not operate every
day in the week; or
(iv) After having been on duty for 80
hours in any period of 8 consecutive
days, if the motor carrier for which the
driver drives operates every day in the
week.
(2)
Passenger-carrying
commercial
motor vehicle. The provisions of § 395.5
do not apply to any driver who is driving a passenger-carrying commercial

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§ 395.1

49 CFR Ch. III (10–1–13 Edition)

motor vehicle in the State of Alaska. A
driver who is driving a passenger-carrying commercial motor vehicle in the
State of Alaska must not drive or be
required or permitted to drive—
(i) More than 15 hours following 8
consecutive hours off duty;
(ii) After being on duty for 20 hours
or more following 8 consecutive hours
off duty;
(iii) After having been on duty for 70
hours in any period of 7 consecutive
days, if the motor carrier for which the
driver drives does not operate every
day in the week; or
(iv) After having been on duty for 80
hours in any period of 8 consecutive
days, if the motor carrier for which the
driver drives operates every day in the
week.
(3) A driver who is driving a commercial motor vehicle in the State of Alaska and who encounters adverse driving
conditions (as defined in § 395.2) may
drive and be permitted or required to
drive a commercial motor vehicle for
the period of time needed to complete
the run.
(i) After a property-carrying commercial motor vehicle driver completes
the run, that driver must be off duty
for at least 10 consecutive hours before
he/she drives again; and
(ii) After a passenger-carrying commercial motor vehicle driver completes
the run, that driver must be off duty
for at least 8 consecutive hours before
he/she drives again.
(i) State of Hawaii. The rules in § 395.8
do not apply to a driver who drives a
commercial motor vehicle in the State
of Hawaii, if the motor carrier who employs the driver maintains and retains
for a period of 6 months accurate and
true records showing—
(1) The total number of hours the
driver is on duty each day; and
(2) The time at which the driver reports for, and is released from, duty
each day.
(j) Travel time—(1) When a propertycarrying commercial motor vehicle
driver at the direction of the motor
carrier is traveling, but not driving or
assuming any other responsibility to
the carrier, such time must be counted
as on-duty time unless the driver is afforded at least 10 consecutive hours off
duty when arriving at destination, in

which case he/she must be considered
off duty for the entire period.
(2) When a passenger-carrying commercial motor vehicle driver at the direction of the motor carrier is traveling, but not driving or assuming any
other responsibility to the carrier,
such time must be counted as on-duty
time unless the driver is afforded at
least 8 consecutive hours off duty when
arriving at destination, in which case
he/she must be considered off duty for
the entire period.
(k) Agricultural operations. The provisions of this part shall not apply during planting and harvesting periods, as
determined by each State, to drivers
transporting
(1) Agricultural commodities from
the source of the agricultural commodities to a location within a 150 air-mile
radius from the source;
(2) Farm supplies for agricultural
purposes from a wholesale or retail distribution point of the farm supplies to
a farm or other location where the
farm supplies are intended to be used
within a 150 air-mile radius from the
distribution point; or
(3) Farm supplies for agricultural
purposes from a wholesale distribution
point of the farm supplies to a retail
distribution point of the farm supplies
within a 150 air-mile radius from the
wholesale distribution point.
(l) Ground water well drilling operations. In the instance of a driver of a
commercial motor vehicle who is used
primarily in the transportation and operations of a ground water well drilling
rig, any period of 7 or 8 consecutive
days may end with the beginning of
any off-duty period of 24 or more successive hours.
(m) Construction materials and equipment. In the instance of a driver of a
commercial motor vehicle who is used
primarily in the transportation of construction materials and equipment,
any period of 7 or 8 consecutive days
may end with the beginning of any offduty period of 24 or more successive
hours.
(n) Utility service vehicles. The provisions of this part shall not apply to a
driver of a utility service vehicle as defined in § 395.2.

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Federal Motor Carrier Safety Administration, DOT
(o) Property-carrying driver. A property-carrying driver is exempt from the
requirements of § 395.3(a)(2) if:
(1) The driver has returned to the
driver’s normal work reporting location and the carrier released the driver
from duty at that location for the previous five duty tours the driver has
worked;
(2) The driver has returned to the
normal work reporting location and
the carrier releases the driver from
duty within 16 hours after coming on
duty following 10 consecutive hours off
duty; and
(3) The driver has not taken this exemption within the previous 6 consecutive days, except when the driver has
begun a new 7- or 8-consecutive day period with the beginning of any off-duty
period of 34 or more consecutive hours
as allowed by § 395.3(c).
(p) Commercial motor vehicle transportation to or from a motion picture production site. A driver of a commercial
motor vehicle providing transportation
of property or passengers to or from a
theatrical or television motion picture
production site is exempt from the requirements of § 395.3(a) if the driver operates within a 100 air-mile radius of
the location where the driver reports
to and is released from work, i.e., the
normal work-reporting location. With
respect to the maximum daily hours of
service, such a driver may not drive—
(1) More than 10 hours following 8
consecutive hours off duty;
(2) For any period after having been
on duty 15 hours following 8 consecutive hours off duty.
(3) If a driver of a commercial motor
vehicle providing transportation of
property or passengers to or from a
theatrical or television motion picture
production site operates beyond a 100
air-mile radius of the normal work-reporting location, the driver is subject
to § 395.3(a), and paragraphs (p)(1) and
(2) of this section do not apply.
(q) Attendance on commercial motor vehicles containing Division 1.1, 1.2, or 1.3
explosives. Operators who are required
by 49 CFR 397.5 to be in attendance on
commercial motor vehicles containing
Division 1.1, 1.2, or 1.3 explosives are on
duty at all times while performing attendance functions or any other work
for a motor carrier. Operators of com-

§ 395.2

mercial motor vehicles containing Division 1.1, 1.2, or 1.3 explosives subject
to the requirements for a 30-minute
rest break in § 395.3(a)(3)(ii) may use 30
minutes or more of attendance time to
meet the requirement for a rest break,
providing they perform no other work
during the break. Such drivers must
record the rest break as on-duty time
in their record of duty status with remarks or annotations to indicate the
specific on-duty periods that are used
to meet the requirement for break.
(r) Railroad signal employees. The provisions of this part shall not apply to a
signal employee, as defined in § 395.2,
who operates a commercial motor vehicle, is engaged in installing, repairing,
or maintaining signal systems, is employed by a railroad carrier or a contractor or subcontractor to a railroad
carrier, while regulated by the Federal
Railroad Administration.
(s) Covered farm vehicles. The rules in
this part do not apply to drivers of
‘‘covered farm vehicles,’’ as defined in
49 CFR 390.5.
[57 FR 33647, July 30, 1992]
EDITORIAL NOTE: For FEDERAL REGISTER citations affecting § 395.1, see the List of CFR
Sections Affected, which appears in the
Finding Aids section of the printed volume
and at www.fdsys.gov.

§ 395.2

Definitions.

As used in this part, the following
words and terms are construed to
mean:
Adverse driving conditions means
snow, sleet, fog, other adverse weather
conditions, a highway covered with
snow or ice, or unusual road and traffic
conditions, none of which were apparent on the basis of information known
to the person dispatching the run at
the time it was begun.
Agricultural commodity means any agricultural commodity, nonprocessed
food, feed, fiber, or livestock (including
livestock as defined in sec. 602 of the
Emergency Livestock Feed Assistance
Act of 1988 [7 U.S.C. 1471] and insects).
Automatic on-board recording device
means
an
electric,
electronic,
electromechanical, or mechanical device capable of recording driver’s duty
status information accurately and
automatically as required by § 395.15.

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