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Regulations Section
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Home > Regulations > Parts > 395 > § 395.1 > Regulations Section
Part 395
HOURS OF SERVICE OF DRIVERS
Section
Guidance
§ 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.
(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) Driversalesperson. 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 offduty 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, onduty 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
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offduty periods that are waiting time, or on a separate “waiting time” line on the record
of duty status to show that offduty time is also waiting time. Waiting time shall not be
included in calculating the 14hour 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) Shorthaul operations —(1) 100 airmile radius driver . A driver is exempt from
the requirements of § 395.8 if:
(i) The driver operates within a 100 airmile radius of the normal work reporting location;
(ii) The driver, except a driversalesperson, returns to the work reporting location and is
released from work within 12 consecutive hours;
(iii)(A) A propertycarrying commercial motor vehicle driver has at least 10 consecutive
hours off duty separating each 12 hours on duty;
(B) A passengercarrying commercial motor vehicle driver has at least 8 consecutive
hours off duty separating each 12 hours on duty;
(iv)(A) A propertycarrying 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 passengercarrying 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 propertycarrying 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 not required under part 383 of this subchapter;
(ii) The driver operates within a 150 airmile 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:
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(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 100air mile radius of the driver's workreporting location,
during the period from December 10 to December 25, both inclusive, of each year.
(g) Sleeper berths —(1) Propertycarrying commercial motor vehicle —(i) In
general. A driver who operates a propertycarrying 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 sleeperberth time;
( 3 ) A combination of consecutive sleeperberth and offduty 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
10hour 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 sleeperberth 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 offduty periods specified in paragraph (g)(1)(i)(A)( 1 )( 4 ) of this
section; and
(D) Must exclude from the calculation of the 14hour period in § 395.3(a)(2) any
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sleeperberth 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 14hour period in § 395.3(a)(2) includes all time—or, for
calculation of the 20hour period in § 395.1(h)(1)(ii) for drivers in Alaska, all onduty
time—except any sleeperberth period of at least 8 but less than 10 consecutive hours
and up to 2 hours riding in the passenger seat of a propertycarrying 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 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.
(C) Calculation of the 14hour period in § 395.3(a)(2) includes all time except any
sleeperberth period of at least 8 but less than 10 consecutive hours and up to 2 hours
riding in the passenger seat of a propertycarrying 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 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 offduty time, sleeperberth 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
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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 onduty time, all offduty 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.
(3) Passengercarrying commercial motor vehicles. A driver who is driving a
passengercarrying 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 offduty time by taking a combination of at least 8 consecutive
hours offduty 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 onduty 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) Propertycarrying 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) Passengercarrying commercial motor vehicle. The provisions of § 395.5 do not
apply to any driver who is driving a passengercarrying commercial motor vehicle in the
State of Alaska. A driver who is driving a passengercarrying commercial motor vehicle
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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 propertycarrying 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 passengercarrying 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 onduty 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 passengercarrying 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 onduty 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 airmile radius from the source;
(2) Farm supplies for agricultural purposes from a wholesale or retail distribution point
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of the farm supplies to a farm or other location where the farm supplies are intended to
be used within a 150 airmile 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 airmile
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 offduty 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.
(o) Propertycarrying driver . A propertycarrying 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 8consecutive day period with the
beginning of any offduty 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
airmile radius of the location where the driver reports to and is released from work, i.e.,
the normal workreporting 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 airmile radius of the normal workreporting location, the driver is subject
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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 commercial motor vehicles containing Division 1.1, 1.2, or 1.3 explosives
subject to the requirements for a 30minute 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 onduty time in their record of duty status with remarks or annotations to indicate the
specific onduty 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.
Citation: [57 FR 33647, July 30, 1992, as amended at 58 FR 33777, June 21, 1993; 60 FR
38748, July 28, 1995; 61 FR 14679, Apr. 3, 1996; 63 FR 33279, June 18, 1998; 68 FR
22515, Apr. 28, 2003; 68 FR 56211, Sept. 30, 2003; 70 FR 50071, Aug. 25, 2005; 72 FR
36790, July 5, 2007; 72 FR 55703, Oct. 1, 2007; 72 FR 71269, Dec. 17, 2007; 76 FR 25590,
May 5, 2011; 76 FR 81186, Dec. 27, 2011; 77 FR 7544, Feb. 23, 2012; 78 FR 16195, Mar.
14, 2013; 78 FR 58484, Sept. 24, 2013]
Disclaimer:
Although we make every effort to assure that the information we provide is complete and
accurate, it is not intended to take the place of published agency regulations. Regulations
issued by the U.S. Department of Transportation and its Operating Administrations are
published in the Federal Register and compiled in the U.S. Code of Federal Regulations
(CFR). Copies of appropriate volumes of the CFR in book format may be purchased from the
Superintendent of Documents, U.S. Government Printing Office, or examined at many
libraries.
The CFR may also be viewed online at http://ECFR.gpoaccess.gov.
U.S. DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
1200 NEW JERSEY AVENUE, SE
WASHINGTON, DC 20590
8553684200
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File Modified | 2017-11-02 |
File Created | 2016-02-12 |