What does 49 CFR 395.3 (Maximum driving time for property-carrying vehicles) require?

Short answer

49 CFR 395.3 requires that a driver of a property-carrying commercial motor vehicle take 10 consecutive hours off duty before driving, drive no more than 11 hours within a 14-hour consecutive window after coming on duty, take a 30-minute break after 8 hours of driving time, and not exceed 60/70 on-duty hours in 7/8 consecutive days.

The rule says

"A driver may not drive without first taking 10 consecutive hours off duty" (49 CFR 395.3(a)(1))

"A driver may not drive after a period of 14 consecutive hours after coming on-duty following 10 consecutive hours off-duty." (49 CFR 395.3(a)(2))

"A driver may drive a total of 11 hours during the period specified in paragraph (a)(2) of this section." (49 CFR 395.3(a)(3)(i))

"Except for drivers who qualify for either of the short-haul exceptions in 395.1(e)(1) or (2), driving is not permitted if more than 8 hours of driving time have passed without at least a consecutive 30-minute interruption in driving status." (49 CFR 395.3(a)(3)(ii))

In plain English

The Hours of Service (HOS) rules in 49 CFR 395.3 are designed to prevent driver fatigue by limiting the number of hours a driver can drive and requiring regular breaks. The rules apply to drivers of property-carrying commercial motor vehicles and are enforced by the Federal Motor Carrier Safety Administration (FMCSA). Drivers must take a 10-hour break before starting a new shift, drive no more than 11 hours in a 14-hour window, and take a 30-minute break after 8 hours of driving. These rules help ensure that drivers are well-rested and alert while driving, reducing the risk of accidents.

What to do

• Track each driver's off-duty and on-duty time to ensure compliance with the 10-hour break requirement.
• Monitor schedules to prevent drivers from exceeding the 11-hour driving limit or 14-hour on-duty window.
• Require accurate logs or electronic records to track driving time and breaks.
• Train drivers and dispatchers on the HOS rules and the importance of taking regular breaks.
• Audit time records regularly to enforce fatigue policies and prevent violations.