Trucker Tools
Hours of Service Rules and ELD Exemptions
Federal hours of service for property-carrying drivers: 10 hours off, then up to 11 hours of driving inside a 14-hour window, a 30-minute break after 8 hours of driving, and no driving after 60 hours on duty in 7 days or 70 in 8. A 34-hour restart resets the 7 or 8 days. The rules are in 49 CFR 395.3, and ELD rules are in part 395 subpart B.
The limits
| Rule | Limit | Source |
|---|---|---|
| Off duty before driving | 10 consecutive hours | 395.3(a)(1) |
| 14-hour window | No driving after the 14th consecutive hour after coming on duty following 10 hours off | 395.3(a)(2) |
| Driving | 11 hours within the 14-hour window | 395.3(a)(3)(i) |
| 30-minute break | Needed after 8 hours of driving. Off duty, sleeper berth or on duty not driving all count | 395.3(a)(3)(ii) |
| 60/70 hours | No driving after 60 hours on duty in 7 days, or 70 hours in 8 days if the carrier runs every day of the week | 395.3(b) |
| 34-hour restart | 34 or more consecutive hours off starts a new 7- or 8-day period | 395.3(c) |
ELD rules (49 CFR 395 subpart B)
Carriers must install an electronic logging device and require drivers to use it to record hours of service, unless an exception applies (395.8(a)(1)(i)). The ELD rules are in part 395 subpart B, sections 395.20 to 395.38:
- The ELD has to be on FMCSA's list of registered devices (395.22).
- Duty statuses are off duty, sleeper berth, driving and on duty not driving (395.24).
- The driver reviews, corrects and certifies each 24-hour record, and every edit or addition must be annotated (395.30).
- On a malfunction, give the carrier written notice within 24 hours, rebuild the current 24 hours and the previous 7 days on paper logs unless the records can be pulled from the ELD, and keep paper logs until it is fixed (395.34).
- The carrier keeps records for 6 months. The driver keeps the records for the previous 7 consecutive days on hand while on duty (395.8(k)).
ELD exemptions
These drivers may use paper records of duty status instead of an ELD (395.8(a)(1)(ii)(A)):
- Drivers who need a log 8 days or fewer in any 30-day period.
- Driveaway-towaway operations where the vehicle driven is part of the shipment, or where the vehicle moved is a motor home or recreation vehicle trailer.
- Vehicles manufactured before model year 2000, as shown by the VIN on the registration.
Short-haul drivers under 395.1(e) do not keep logs at all: the carrier keeps time records instead.
Sleeper berth splits
The 10 hours off can be split into two periods if one is at least 7 consecutive hours in the sleeper berth, neither is shorter than 2 hours, and the two add up to at least 10 (395.1(g)(1)(ii)). Qualifying periods do not count against the 14-hour window. Driving before and after each rest period still has to fit within the 11 and 14 hour limits, counted again from the end of the first rest period.
Short-haul exceptions
- 150 air-mile radius (172.6 statute miles) from the normal work reporting location, back and released within 14 consecutive hours, with at least 10 hours off between each 14 on duty. No logs or ELD; the carrier keeps time records for 6 months (395.1(e)(1)).
- Drivers who do not need a CDL have a separate short-haul option within 150 air miles, with a 14-hour day on 5 days and a 16-hour day on 2 days in any 7 (395.1(e)(2)).
Adverse driving conditions
If snow, ice, sleet, fog, other bad weather, or unusual road or traffic conditions come up that were not known when you started (395.2), and you cannot safely finish within the normal limits, you may drive up to 2 extra hours beyond the 395.3(a) limits to finish the run or reach a safe place for the truck and cargo (395.1(b)(1)).
Passenger-carrying drivers have different limits in 49 CFR 395.5. This page covers property carriers.
Self-employed and under these limits? Meals on the road are 80% deductible: see the per diem calculator.
FAQ
What are the hours of service rules for truck drivers?
Property-carrying drivers may drive 11 hours after 10 consecutive hours off, and not past the 14th hour after coming on duty. A 30-minute break is needed after 8 hours of driving. No driving after 60 hours on duty in 7 days, or 70 in 8 days. All of this is in 49 CFR 395.3.
How does the 34-hour restart work?
Taking 34 or more consecutive hours off duty lets your 7- or 8-day period end, so your 60 or 70 hour count starts again from zero (49 CFR 395.3(c)). The old period ends when the 34 hours off begin. Without a restart, hours only drop off as each old day rolls out of the 7 or 8 days you are counting.
Who is exempt from the ELD rule?
Under 49 CFR 395.8(a), drivers may use paper logs instead of an ELD if they need logs 8 days or fewer in any 30-day period, do driveaway-towaway work, or drive a vehicle made before model year 2000. Drivers using the short-haul exception keep time records instead of logs. Check with your carrier first.
What is the 150 air-mile short-haul exception?
Drivers who stay within a 150 air-mile radius of their normal work reporting location, which is 172.6 statute miles, and are released within 14 consecutive hours, do not need logs or an ELD. The carrier keeps time records for 6 months instead, and these drivers skip the 30-minute break (49 CFR 395.1(e)(1)).
How does the sleeper berth split work?
You can split the 10 hours off into two periods, as long as one is at least 7 consecutive hours in the sleeper berth, neither is shorter than 2 hours, and together they add up to at least 10. Qualifying periods do not count against the 14-hour window (49 CFR 395.1(g)). Splits such as 7/3 and 8/2 work.
What should I do if my ELD malfunctions?
Note the malfunction and give your carrier written notice within 24 hours. Rebuild your record of duty status for the current 24 hours and the previous 7 days on paper logs, unless you can get the records from the ELD, and keep using paper until it is fixed (49 CFR 395.34).
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Sources
- 49 CFR 395.3, Maximum driving time (eCFR)
- 49 CFR 395.1, Scope of rules (exceptions, short haul, sleeper berth) (eCFR)
- 49 CFR 395.2, Definitions (eCFR)
- 49 CFR 395.8, Driver's record of duty status (eCFR)
- 49 CFR 395 subpart B, Electronic logging devices (eCFR)
- 49 CFR 395.34, ELD malfunctions and data diagnostic events (eCFR)
Disclaimer: For general information. The hours checker is a planning aid, not a record of duty status or a legal log. Your ELD and your carrier's policy govern; check 49 CFR 395 before you rely on a number. Not legal advice.
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