Truck Driver's Guidebook
Driver's Hours of Service
Federal Motor Carrier Safety Regulations, Part 395
Home Table of Contents

Logbook requirements

• The daily log is an accurate and complete record of a driver's activities for each 24-hour period
• Unless exempt (see exemptions below), all drivers must record their duty status using the daily logbook
• All entries in the logbook shall be accurate, legible and in the driver's own handwriting
• Employers must retain the daily logs at their principal place of business (previous six months)
• Employers must maintain supporting documents to verify the logs are true and accurate

Employers must retain accurate and true time records (time card/time sheets) for each driver meeting this exemption. the employer must always have the previous six months' records on file. These records must indicate:

• Driver's name
• Time the driver reports for duty each day
• Time the driver is released from duty each day
• Total on-duty hours each day

Michigan offers additional exceptions and exclusions from hours of service regulations for certain motor carriers operating in intrastate commerce. Contact MCTS for further information.

Logbook short haul exemptions

Note: Although some drivers may not need to complete the logbook, they still must comply with the 60- or 70-hour rule and the 10-hour driving rule.

Drivers that hold a CDL are excluded under state and federal regulations from having to complete the daily logbook, provided they meet certain requirements. These exempt drivers must:

• Operate within a 100 air-mile radius of their normal work reporting location, and
• Leave and return to the work reporting location and be released from duty within 12 consecutive hours, and

Obtain at least 10 consecutive hours off duty between each 12 consecutive hours on duty, and

• Not drive more than 11 hours during any 12 consecutive hours on duty

Note: A driver who would normally meet these requirements, but occasionally would not, needs to complete a daily log just on the days he/she is unable to meet the requirements. The driver would not need the previous seven days' logs in this situation.

Non-CDL operation exemptions

Note: Although some drivers may not need to complete the logbook, they still must comply with the 60- or 70-hour rule and the 10-hour driving rule.

(2) Operators of property-carrying commercial motor vehicles not requiring a commercial driver's license: Drivers of non-commercial driver's license (CDL) vehicles (those vehicles not requiring a CDL to operate) who are operating within a 150 air-mile radius of their normal work reporting location and return to their normal work reporting location at the end of their duty tour are now covered by a separate HOS provision. Drivers meeting these conditions are not eligible for the existing 100 air-mile radius provision in

§ 395.1(e) or the current 16-hour exception in § 395.1(o), since those conflict with this new "Non-CDL, 150 Air-Mile Radius" provision. These drivers are required to comply with the following:

(a) The 11 hours driving, minimum 10 hours off-duty, 14 consecutive hour duty period, 60/70 hours in 7/8 days, 34-hour restart all apply.

(b) On any 2 days of every 7 consecutive days, the driver may extend the 14-hour duty period to 16 hours.

(c) There is no requirement that the driver be released from duty at the end of the 14- or 16-hour duty periods. The driver may continue to perform non-driving duties, which would be counted against the 60/70 hour weekly limitation.

(d) Time records may be used in lieu of records of duty status (RODS).

(3) 34-Hour Restart: Previously, a driver was required to be in compliance with the "60/70 on-duty hours in 7/8 days" limitation before the driver could start counting a 34-hour restart period. Now the 34-hour restart period may begin at the start of any consecutive 34-hour off-duty period.

Q: What are the penalties for violating the hours-of-service rules?

A: Drivers or carriers who violate the hours-of-service rules face serious penalties:

• Drivers may be placed out-of-service (shut down) at roadside until the driver has accumulated enough off-duty time to be back in compliance;
• State and local enforcement officials may assess fines;
• FMCSA may levy civil penalties on the driver or carrier, ranging from $550 to $11,000 per violation depending on severity;
• The carrier's safety rating can be down-graded for a pattern of violations; and
• Federal criminal penalties can be brought against carriers who knowingly and willfully allow or require hours-of-service violations

For more frequently asked questions go to FAQ on this site