WasteWatcher-Driver's Hours of Service

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

Table of Contents | log books

Federal and state safety regulations limit a driver to the number of hours he/she can work. this means, once a driver has worked a prescribed number of hours, he/she is no longer eligible to drive until he/she has met the off-duty requirements established in the regulations. Accurate time records (for each driver) must be maintained at the employers's principal place of business for a period of at least six months and employers must ensure that driver compliance is met.

Applicability

The hours of service rules apply to any person who operates any commercial motor vehicle as defined in FMCSR, Part 390. Some drivers may be partially or totally exempt from these requirements.

Duty Status

Driving
All time spent at the driving controls of a commercial motor vehicle in operation

On-duty
All time from the time a driver begins to work or is required to be in readiness for work until he or she is relived from all the responsibilities for performing work.

On-duty includes:

Driving
Performing any and all other duties required by the carrier
Time spent traveling to, from and during the course of providing breath and/o0r alcohol specimens for drug and alcohol tests required under federal regulations
Performing any compensated work for any non-motor carrier entity (part-time jobs)

Off-duty
When relieved of all responsibility for performing work by the employer and not performing any other compensated work

Sleeper berth
A sleeping compartment conforming with Federal Motor Carrier Safety Regulations (393.76)

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.

Maximum during & on-duty rules
Beginning October 1, 2005, new regulations went into effect. Highlights of the new rules include:

Short Haul Provision :

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 (short haul) of their normal work reporting location and return totheir 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).

The new rules do not apply to passenger transportation. (Only carriers operating trucks 7 days a week may use the 70-hour rule)

Hours of Service Training

Need help with the hours of service? Need help getting your paperwork in order? if so, the Center has management specialists available at no charge to assist you with record keeping and answer you questions. We also offer seminars around the state, covering hours of service and other record keeping topics.

For more information concerning these changes, contact MCTS at (800) 682-4682.

Table of Contents

Due to frequent changes in the federal and state regulations, the Michigan Center for Truck Safety cannot ensure the accuracy of the material contained in the guidebook beyond the date of publication. For current information, contact the Center at (800) 682-4682. This document is not intended for legal purposes.