49 Cfr 395.8

§ 395.5

49 CFR Ch. III (10–1–13 Edition)

employing motor carrier operates commercial motor vehicles every day of
the week.
(c)(1) Through June 30, 2013, any period of 7 consecutive days may end
with the beginning of an off-duty period of 34 or more consecutive hours.
After June 30, 2013, any period of 7 consecutive days may end with the beginning of an off-duty period of 34 or more
consecutive hours that includes two periods from 1 a.m. to 5 a.m.
(2) Through June 30, 2013, any period
of 8 consecutive days may end with the
beginning of an off-duty period of 34 or
more consecutive hours. After June 30,
2013, any period of 8 consecutive days
may end with the beginning of an offduty period of 34 or more consecutive
hours that includes two periods from 1
a.m. to 5 a.m.
(d) A driver may not take an off-duty
period allowed by paragraph (c) of this
section to restart the calculation of 60
hours in 7 consecutive days or 70 hours
in 8 consecutive days—or, in the case of
drivers in Alaska, 70 hours in 7 consecutive days or 80 hours in 8 consecutive days—until 168 or more consecutive hours have passed since the beginning of the last such off-duty period.
When a driver takes more than one offduty period of 34 or more consecutive
hours within a period of 168 consecutive hours, he or she must indicate in
the Remarks section of the record of
duty status which such off-duty period
is being used to restart the calculation
of 60 hours in 7 consecutive days or 70
hours in 8 consecutive days—or, in the
case of drivers in Alaska, 70 hours in 7
consecutive days or 80 hours in 8 consecutive days.
[76 FR 81188, Dec. 27, 2011, as amended at 78
FR 58485, Sept. 24, 2013]

§ 395.5 Maximum driving time for passenger-carrying vehicles.
Subject to the exceptions and exemptions in § 395.1:
(a) No motor carrier shall permit or
require any driver used by it to drive a
passenger-carrying commercial motor
vehicle, nor shall any such driver drive
a
passenger-carrying
commercial
motor vehicle:
(1) More than 10 hours following 8
consecutive hours off duty; or

(2) For any period after having been
on duty 15 hours following 8 consecutive hours off duty.
(b) No motor carrier shall permit or
require a driver of a passenger-carrying
commercial motor vehicle to drive, nor
shall any driver drive a passenger-carrying commercial motor vehicle, regardless of the number of motor carriers using the driver’s services, for
any period after—
(1) Having been on duty 60 hours in
any 7 consecutive days if the employing motor carrier does not operate
commercial motor vehicles every day
of the week; or
(2) Having been on duty 70 hours in
any period of 8 consecutive days if the
employing motor carrier operates commercial motor vehicles every day of
the week.
[70 FR 50073, Aug. 25, 2005]

§ 395.7

[Reserved]

§ 395.8 Driver’s record of duty status.
(a) Except for a private motor carrier
of passengers (nonbusiness), every
motor carrier shall require every driver
used by the motor carrier to record his/
her duty status for each 24 hour period
using the methods prescribed in either
paragraph (a)(1) or (2) of this section.
(1) Every driver who operates a commercial motor vehicle shall record his/
her duty status, in duplicate, for each
24-hour period. The duty status time
shall be recorded on a specified grid, as
shown in paragraph (g) of this section.
The grid and the requirements of paragraph (d) of this section may be combined with any company forms.
(2) Every driver who operates a commercial motor vehicle shall record his/
her duty status by using an automatic
on-board recording device that meets
the requirements of § 395.15 of this part.
The requirements of this section shall
not apply, except paragraphs (e) and
(k)(1) and (2) of this section.
(b) The duty status shall be recorded
as follows:
(1) ‘‘Off duty’’ or ‘‘OFF.’’
(2) ‘‘Sleeper berth’’ or ‘‘SB’’ (only if a
sleeper berth used).
(3) ‘‘Driving’’ or ‘‘D.’’
(4) ‘‘On-duty not driving’’ or ‘‘ON.’’
(c) For each change of duty status
(e.g., the place of reporting for work,

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Federal Motor Carrier Safety Administration, DOT
starting to drive, on-duty not driving
and where released from work), the
name of the city, town, or village, with
State abbreviation, shall be recorded.
NOTE: If a change of duty status occurs at
a location other than a city, town, or village,
show one of the following: (1) The highway
number and nearest milepost followed by the
name of the nearest city, town, or village
and State abbreviation, (2) the highway
number and the name of the service plaza
followed by the name of the nearest city,
town, or village and State abbreviation, or
(3) the highway numbers of the nearest two
intersecting roadways followed by the name
of the nearest city, town, or village and
State abbreviation.

(d) The following information must
be included on the form in addition to
the grid:
(1) Date;
(2) Total miles driving today;
(3) Truck or tractor and trailer number;
(4) Name of carrier;
(5) Driver’s signature/certification;
(6) 24-hour period starting time (e.g.
midnight, 9:00 a.m., noon, 3:00 p.m.);
(7) Main office address;
(8) Remarks;
(9) Name of co-driver;
(10) Total hours (far right edge of
grid);
(11) Shipping document number(s), or
name of shipper and commodity;
(e) Failure to complete the record of
duty activities of this section or
§ 395.15, failure to preserve a record of
such duty activities, or making of false
reports in connection with such duty
activities shall make the driver and/or
the carrier liable for prosecution.
(f) The driver’s activities shall be recorded in accordance with the following provisions:
(1) Entries to be current. Drivers shall
keep their records of duty status current to the time shown for the last
change of duty status.
(2) Entries made by driver only. All entries relating to driver’s duty status
must be legible and in the driver’s own
handwriting.
(3) Date. The month, day and year for
the beginning of each 24-hour period
shall be shown on the form containing
the driver’s duty status record.
(4) Total miles driving today. Total
mileage driven during the 24-hour pe-

§ 395.8

riod shall be recorded on the form containing the driver’s duty status record.
(5) Commercial motor vehicle identification. The driver shall show the number
assigned by the motor carrier, or the
license number and licensing State of
each commercial motor vehicle operated during each 24-hour period on his/
her record of duty status. The driver of
an articulated (combination) commercial motor vehicle shall show the number assigned by the motor carrier, or
the license number and licensing State
of each motor vehicle used in each
commercial motor vehicle combination
operated during that 24-hour period on
his/her record of duty status.
(6) Name of motor carrier. The name(s)
of the motor carrier(s) for which work
is performed shall be shown on the
form containing the driver’s record of
duty status. When work is performed
for more than one motor carrier during
the same 24-hour period, the beginning
and finishing time, showing a.m. or
p.m., worked for each motor carrier
shall be shown after each motor carrier’s name. Drivers of leased commercial motor vehicles shall show the
name of the motor carrier performing
the transportation.
(7) Signature/certification. The driver
shall certify to the correctness of all
entries by signing the form containing
the driver’s duty status record with
his/her legal name or name of record.
The driver’s signature certifies that all
entries required by this section made
by the driver are true and correct.
(8) Time base to be used. (i) The driver’s duty status record shall be prepared, maintained, and submitted
using the time standard in effect at the
driver’s home terminal, for a 24-hour
period beginning with the time specified by the motor carrier for that driver’s home terminal.
(ii) The term ‘‘7 or 8 consecutive
days’’ means the 7 or 8 consecutive 24hour periods as designated by the carrier for the driver’s home terminal.
(iii) The 24-hour period starting time
must be identified on the driver’s duty
status record. One-hour increments
must appear on the graph, be identified, and preprinted. The words ‘‘Midnight’’ and ‘‘Noon’’ must appear above
or beside the appropriate one-hour increment.

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§ 395.8

49 CFR Ch. III (10–1–13 Edition)

(9) Main office address. The motor carrier’s main office address shall be
shown on the form containing the driver’s duty status record.
(10) Recording days off duty. Two or
more consecutive 24-hour periods off
duty may be recorded on one duty status record.
(11) Total hours. The total hours in
each duty status: off duty other than in
a sleeper berth; off duty in a sleeper
berth; driving, and on duty not driving,

shall be entered to the right of the
grid, the total of such entries shall
equal 24 hours.
(12) Shipping document number(s) or
name of shipper and commodity shall be
shown on the driver’s record of duty
status.
(g) Graph grid. The following graph
grid must be incorporated into a motor
carrier recordkeeping system which
must also contain the information required in paragraph (d) of this section.

(h) Graph grid preparation. The graph
grid may be used horizontally or

vertically and shall be completed as
follows:

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Federal Motor Carrier Safety Administration, DOT
(1) Off duty. Except for time spent
resting in a sleeper berth, a continuous
line shall be drawn between the appropriate time markers to record the period(s) of time when the driver is not
on duty, is not required to be in readiness to work, or is not under any responsibility for performing work.
(2) Sleeper berth. A continuous line
shall be drawn between the appropriate
time markers to record the period(s) of
time off duty resting in a sleeper berth,
as defined in § 395.2. (If a non-sleeper
berth operation, sleeper berth need not
be shown on the grid.)
(3) Driving. A continuous line shall be
drawn between the appropriate time
markers to record the period(s) of driving time, as defined in § 395.2.
(4) On duty not driving. A continuous
line shall be drawn between the appropriate time markers to record the period(s) of time on duty not driving
specified in § 395.2.
(5) Location—remarks. The name of
the city, town, or village, with State
abbreviation where each change of
duty status occurs shall be recorded.
NOTE: If a change of duty status occurs at
a location other than a city, town, or village,
show one of the following: (1) The highway
number and nearest milepost followed by the
name of the nearest city, town, or village
and State abbreviation, (2) the highway
number and the name of the service plaza
followed by the name of the nearest city,
town, or village and State abbreviation, or
(3) the highway numbers of the nearest two
intersecting roadways followed by the name
of the nearest city, town, or village and
State abbreviation.

(i) Filing driver’s record of duty status.
The driver shall submit or forward by
mail the original driver’s record of
duty status to the regular employing
motor carrier within 13 days following
the completion of the form.

§ 395.8

(j) Drivers used by more than one motor
carrier. (1) When the services of a driver
are used by more than one motor carrier during any 24-hour period in effect
at the driver’s home terminal, the driver shall submit a copy of the record of
duty status to each motor carrier. The
record shall include:
(i) All duty time for the entire 24hour period;
(ii) The name of each motor carrier
served by the driver during that period;
and
(iii) The beginning and finishing
time, including a.m. or p.m., worked
for each carrier.
(2) Motor carriers, when using a driver for the first time or intermittently,
shall obtain from the driver a signed
statement giving the total time on
duty during the immediately preceding
7 days and the time at which the driver
was last relieved from duty prior to beginning work for the motor carriers.
(k) Retention of driver’s record of duty
status. (1) Each motor carrier shall
maintain records of duty status and all
supporting documents for each driver
it employs for a period of six months
from the date of receipt.
(2) The driver shall retain a copy of
each record of duty status for the previous 7 consecutive days which shall be
in his/her possession and available for
inspection while on duty.
NOTE: Driver’s Record of Duty Status.
The graph grid, when incorporated as part
of any form used by a motor carrier, must be
of sufficient size to be legible.
The following executed specimen grid illustrates how a driver’s duty status should be
recorded for a trip from Richmond, Virginia,
to Newark, New Jersey. The grid reflects the
midnight to midnight 24 hour period.

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§§ 395.10–395.12

49 CFR Ch. III (10–1–13 Edition)

Graph Grid (Midnight to Midnight Operation)

§§ 395.10–395.12

The driver in this instance reported for
duty at the motor carrier’s terminal. The
driver reported for work at 6 a.m., helped
load, checked with dispatch, made a pretrip
inspection, and performed other duties until
7:30 a.m. when the driver began driving. At 9
a.m. the driver had a minor accident in Fredericksburg, Virginia, and spent one half hour
handling details with the local police. The
driver arrived at the company’s Baltimore,
Maryland, terminal at noon and went to
lunch while minor repairs were made to the
tractor. At 1 p.m. the driver resumed the trip
and made a delivery in Philadelphia, Pennsylvania, between 3 p.m. and 3:30 p.m. at
which time the driver started driving again.
Upon arrival at Cherry Hill, New Jersey, at
4 p.m., the driver entered the sleeper berth
for a rest break until 5:45 p.m. at which time
the driver resumed driving again. At 7 p.m.
the driver arrived at the company’s terminal
in Newark, New Jersey. Between 7 p.m. and
8 p.m. the driver prepared the required paperwork including completing the driver’s
record of duty status, driver vehicle inspection report, insurance report for the Fredericksburg, Virginia accident, checked for
the next day’s dispatch, etc. At 8 p.m., the
driver went off duty.
(Approved by the Office of Management and
Budget under control number 2125–0016)
[47 FR 53389, Nov. 26, 1982, as amended at 49
FR 38290, Sept. 28, 1984; 49 FR 46147, Nov. 23,
1984; 51 FR 12622, Apr. 14, 1986; 52 FR 41721,
Oct. 30, 1987; 53 FR 18058, May 19, 1988; 53 FR
38670, Sept. 30, 1988; 57 FR 33649, July 30, 1992;
58 FR 33777, June 21, 1993; 59 FR 8753, Feb. 23,
1994; 60 FR 38748, July 28, 1995; 62 FR 16709,
Apr. 8, 1997; 63 FR 33279, June 18, 1998; 75 FR
17245, Apr. 5, 2010; 77 FR 28451, 28454, May 14,
2012; 77 FR 59828, Oct. 1, 2012; 78 FR 58485,
Sept. 24, 2013]

§ 395.13
ice.

[Reserved]

Drivers declared out of serv-

(a) Authority to declare drivers out of
service. Every special agent of the Federal Motor Carrier Safety Administration (as defined in appendix B to this
subchapter) is authorized to declare a
driver out of service and to notify the
motor carrier of that declaration, upon
finding at the time and place of examination that the driver has violated the
out of service criteria as set forth in
paragraph (b) of this section.
(b) Out of service criteria. (1) No driver
shall drive after being on duty in excess of the maximum periods permitted
by this part.
(2) No driver required to maintain a
record of duty status under § 395.8 or
§ 395.15 of this part shall fail to have a
record of duty status current on the
day of examination and for the prior
seven consecutive days.
(3) Exception. A driver failing only to
have possession of a record of duty status current on the day of examination
and the prior day, but has completed
records of duty status up to that time
(previous 6 days), will be given the opportunity to make the duty status
record current.
(c) Responsibilities of motor carriers. (1)
No motor carrier shall:
(i) Require or permit a driver who
has been declared out of service to operate a commercial motor vehicle until
that driver may lawfully do so under
the rules in this part.

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