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HOS Regulation

Hours of Service (HOS) Rules — Driver Hours, Breaks, and Rest Requirements

FMCSA · 49 CFR 395

Effective since 2003
Active regulation
Category
HOS
Agency
FMCSA
CFR reference
49 CFR 395
Effective since
Jan 2003

Regulation at a glance

Hours of Service (HOS) regulations limit how long commercial drivers can drive and work before they must take rest. The rules are designed to prevent fatigue-related crashes. HOS rules apply to drivers of commercial motor vehicles weighing 10,001+ lb GVWR (interstate) or 26,001+ lb GVWR (intrastate, in most states). The rules differ between property-carrying drivers (most truckers) and passenger-carrying drivers (bus drivers). HOS compliance is monitored via Electronic Logging Devices (ELDs) since 2017 — paper logs are largely a thing of the past.

Overview

Hours of Service (HOS) regulations limit how long commercial drivers can drive and work before they must take rest. The rules are designed to prevent fatigue-related crashes. HOS rules apply to drivers of commercial motor vehicles weighing 10,001+ lb GVWR (interstate) or 26,001+ lb GVWR (intrastate, in most states). The rules differ between property-carrying drivers (most truckers) and passenger-carrying drivers (bus drivers). HOS compliance is monitored via Electronic Logging Devices (ELDs) since 2017 — paper logs are largely a thing of the past.

Who must comply

Drivers of commercial motor vehicles weighing 10,001+ lb GVWR engaged in interstate commerce. Drivers of CMVs designed to carry 9+ passengers (including driver). Drivers of vehicles carrying placarded hazardous materials. Drivers operating across state lines or in interstate commerce — even if the trip doesn't cross state lines, transporting goods that are part of interstate commerce makes the rules apply.

Requirements in detail
PROPERTY-CARRYING DRIVERS (most truckers): 11-Hour Driving Limit: Maximum 11 hours of driving after 10 consecutive hours off duty. 14-Hour Window: All on-duty time (driving + non-driving work) must be completed within a 14-hour window after coming on duty. After the 14-hour window ends, no driving is permitted until another 10 hours off duty. 30-Minute Break: After 8 cumulative hours of driving time, a 30-minute break is required (can be off-duty, sleeper berth, or on-duty not driving). 60/70-Hour Limit: Maximum 60 hours on-duty in any 7 consecutive days (for carriers operating fewer than 7 days/week), OR 70 hours in 8 consecutive days (for carriers operating every day). 34-hour restart provision available: after 34+ consecutive hours off duty, the 7/8-day clock resets. Sleeper Berth Provision: Drivers can split their 10-hour off-duty time into two periods. One period must be at least 7 hours in the sleeper berth, the other must be at least 2 hours (off-duty or sleeper berth). The combined 10 hours pause the 14-hour window. PASSENGER-CARRYING DRIVERS: 10-Hour Driving Limit (vs 11 for property): maximum 10 hours driving after 8 consecutive hours off duty. 15-Hour Window (vs 14 for property): on-duty time within 15-hour window. 60/70-Hour Limit applies same as property.
Exceptions and exemptions

Short-haul exemption (150 air-mile): Drivers operating within 150 air-mile radius of their normal reporting location, returning to the same location within 14 hours, and not driving more than 8 hours, are exempt from logs and 30-minute break (must keep time records, not log books).
Adverse driving conditions: If weather or unforeseen conditions extend driving time, drivers can add up to 2 hours to the 11-hour limit and 14-hour window.
Oilfield exemption: Drivers servicing oil and gas wells in certain configurations get expanded HOS allowances and can use a 24-hour restart instead of 34-hour.
Agricultural exemption: Farm-to-market drivers within 150 air-miles of source/destination during harvest planting periods can have expanded HOS.

Penalties for non-compliance

HOS violations are assessed as a fine and CSA points. Driver/HOS violation fines: $1,000-$3,000 per violation (state-imposed). Carrier fines: up to $11,000 per violation. Operating after exceeding HOS limits: vehicle out-of-service, driver out-of-service for 10+ hours. Pattern of HOS violations: FMCSA CSA scores increase, leading to compliance reviews, potential out-of-service orders for the carrier. Falsifying logs (paper or electronic): criminal fraud charges possible, automatic CDL disqualification.

Practical tips and compliance advice

(1) Plan loads around HOS clocks — pickup and delivery times must respect 14-hour windows. (2) Use truck stops with showers and amenities for 10-hour off-duty breaks. (3) The 30-minute break can be the most strategic — eat, fuel, rest at hour 8 not hour 11 to maximize remaining drive time. (4) Sleeper berth split provision is underutilized — properly executing a 7+2 or 8+2 split can extend the same trip by half a day. (5) The 34-hour restart should be planned at home (or familiar location) to maximize quality rest. (6) Always check the ELD displaying the correct duty status — bouncing between off-duty and on-duty-not-driving while at a shipper costs significant time.

Recent changes and updates

2017: ELD mandate took effect — paper logs no longer permitted for most carriers. 2020: HOS reform included flexibility for 30-minute break placement, expanded short-haul exemption, and modified sleeper berth provision. 2024: Personal Conveyance rules clarified — drivers can move the truck for personal reasons (off-duty) within certain limits without affecting HOS clocks.

Related forms and documentation

ELD record (electronic logging device), DOT 100 Driver's Daily Log (legacy paper)

Related

Frequently Asked Questions

Where can I find the official text of Hours of Service (HOS) Rules — Driver Hours, Breaks, and Rest Requirements?
The official regulation is at 49 CFR 395 (Code of Federal Regulations). Access free at ecfr.gov or fmcsa.dot.gov. Our summary is informational — for legal compliance, refer to the official source. State-specific implementation may add requirements beyond the federal baseline; check your state DMV/state DOT website for state-specific rules.
How is Hours of Service (HOS) Rules — Driver Hours, Breaks, and Rest Requirements enforced?
Enforcement happens at roadside inspections (state troopers + DOT inspectors), facility audits (FMCSA compliance reviews at carrier locations), and through driver/carrier reporting requirements. Violations result in citations, fines, vehicle out-of-service orders, CSA score increases, and (for serious violations) carrier or driver disqualification. Repeat violations escalate quickly — a pattern of compliance issues can trigger an FMCSA compliance review and potential carrier shutdown.
What happens if I'm cited for a HOS violation?
Roadside violations typically include: (1) Immediate vehicle out-of-service (if serious), (2) Driver citation with state-level fine, (3) Recording in FMCSA's MCMIS database (your CSA scores), (4) Potential CDL disqualification depending on violation severity, (5) Insurance impact (premium increases on CSA score worsening). Always: read the citation carefully, document the circumstances, and consult an attorney if the violation is serious. Many violations can be contested if there are factual errors or procedural problems.
How often does Hours of Service (HOS) Rules — Driver Hours, Breaks, and Rest Requirements change?
The most recent significant changes: 2017: ELD mandate took effect — paper logs no longer permitted for most carriers. 2020: HOS reform included flexibility for 30-minute break placement, expanded short-haul exemption, and modified sleeper berth provision. 2024: Personal Conveyance rules clarified — drivers can move the truck for personal reasons (off-duty) within certain limits without affecting HOS clocks. Regulatory changes typically happen every 2-5 years. Subscribe to FMCSA Federal Register notifications for real-time updates.
Where can I get help with HOS compliance?
Resources: (1) FMCSA's Knowledge Center at fmcsa.dot.gov has free guides and FAQs. (2) Your state's DOT Commercial Vehicle Office helps with state-specific implementation. (3) Trucking trade associations (ATA — American Trucking Associations, OOIDA — Owner-Operator Independent Drivers Association) offer member resources. (4) Compliance consultants help carriers prepare for FMCSA audits. (5) For owner-operators, paid compliance services like J.J. Keller, DAT, and Truckers Bookkeeping Service offer ongoing support. (6) O Trucking's dispatch service helps owner-operators stay compliant alongside the loads we book.

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