What does 49 CFR 395.8 (Driver's record of duty status) require?

Short answer

49 CFR 395.8 requires a motor carrier to have each driver record their duty status for each 24-hour period, including all duty time, the name of each motor carrier served, and the beginning and finishing time worked for each carrier. The driver must also retain a copy of each record of duty status for the previous 7 consecutive days.

The rule says

"A motor carrier subject to the requirements of this part must require each driver used by the motor carrier to record the driver's duty status for each 24-hour period using the method prescribed in paragraphs (a)(1)(i) through (iii) of this section, as applicable." (49 CFR 395.8(a)(1))

"The record shall include: (i) All duty time for the entire 24-hour period; (ii) The name of each motor carrier served by the driver during that period; and (iii) The beginning and finishing time, including a.m. or p.m., worked for each carrier." (49 CFR 395.8(a)(1))

"A motor carrier shall retain records of duty status and supporting documents required under this part for each of its drivers for a period of not less than 6 months from the date of receipt." (49 CFR 395.8(k)(1))

In plain English

This regulation is about keeping track of a driver's work hours and activities over a 24-hour period. The driver must record all their duty time, including driving, loading, and other work-related tasks, as well as their personal time, like breaks and sleep. The motor carrier must also keep these records for at least 6 months. During an audit or inspection, the motor carrier will need to produce these records to show compliance with hours-of-service regulations.

What to do

• Ensure each driver has a method to record their duty status, such as an electronic logging device (ELD) or paper logs.
• Verify that drivers are recording all duty time, including driving, loading, and other work-related tasks.
• Retain records of duty status and supporting documents for at least 6 months.
• Conduct regular audits to ensure compliance with hours-of-service regulations and accuracy of records.