Hours of Service

Hours of service is one of the more complex DOT Regulations. Found under 49 CFR Part 395, this will highlight answers to the most common questions.

Duty Statuses

Driving

Driving time means all time spent at the driving controls of a commercial motor vehicle in operation.

Explanation:  Driving is only to be used for commercial motor vehicles - this means not typical sedans or SUVs.

On Duty Time

On-duty time means all time from the time a driver begins to work or is required to be in readiness to work until the time the driver is relieved from work and all responsibility for performing work.

On-duty time shall include: 

(1) All time at a plant, terminal, facility, or other property of a motor carrier or shipper, or on any public property, waiting to be dispatched, unless the driver has been relieved from duty by the motor carrier; 

(2) All time inspecting, servicing, or conditioning any commercial motor vehicle at any time; 

(3) All driving time as defined in the term driving time; 

(4) All time in or on a commercial motor vehicle, other than: 

(i) Time spent resting in or on a parked vehicle, except as otherwise provided in § 397.5 of this subchapter; 

(ii) Time spent resting in a sleeper berth; or 

(iii) Up to 3 hours riding in the passenger seat of a property-carrying vehicle moving on the highway immediately before or after a period of at least 7 consecutive hours in the sleeper berth; 

(5) All time loading or unloading a commercial motor vehicle, supervising, or assisting in the loading or unloading, attending a commercial motor vehicle being loaded or unloaded, remaining in readiness to operate the commercial motor vehicle, or in giving or receiving receipts for shipments loaded or unloaded; 

(6) All time repairing, obtaining assistance, or remaining in attendance upon a disabled commercial motor vehicle; 

(7) All time spent providing a breath sample or urine specimen, including travel time to and from the collection site, to comply with the random, reasonable suspicion, post-crash, or follow-up testing required by part 382 of this subchapter when directed by a motor carrier; 

(8) Performing any other work in the capacity, employ, or service of, a motor carrier; and 

(9) Performing any compensated work for a person who is not a motor carrier.

Explanation:  The big take-away is "ANY COMPENSATED WORK."  If you are performing work (other than outlined above) but not being compensated, or if you are being compensated but not performing work, then this time is generally not on duty.

Sleeper Berth

Sleeper berth  means a berth conforming to the requirements of § 393.76 of this chapter.

Explanation:  Only time spent in a true Sleeper Berth as defined, should use this status.

Off Duty

Off duty is not defined in 49 CFR 392 but is reserved for time not spent in other defined statuses.

Common Questions

Can I be off duty while I'm being paid?

The fact that a driver is paid for a period of time does not always establish that the driver was on-duty for the purposes of part 395 during that period of time. A driver may be relieved of duty under certain conditions and still be paid.

Can I go off duty during breaks?
A driver has been given written permission by his/her employer to record meal and other routine stops made during a tour of duty as off-duty time. Is the driver required to record such time as off-duty, or is it the driver’s decision whether such time is recorded as off-duty?

Drivers may record meal and other routine stops as off-duty time provided:

The driver is relieved of all duty and responsibility for the care and custody of the vehicle, its accessories, and any cargo or passengers it may be carrying.  During the stop, and for the duration of the stop, the driver must be at liberty to pursue activities of his/her own choosing.

It is the employer’s choice whether the driver shall record stops made during a tour of duty as off-duty time. However, employers may permit drivers to make the decision as to how the time will be recorded.

When can I use the Adverse Driving Exception?

Adverse driving conditions   means snow, ice, sleet, fog, or other adverse weather conditions or unusual road or traffic conditions that were not known, or could not reasonably be known, to a driver immediately prior to beginning the duty day or immediately before beginning driving after a qualifying rest break or sleeper berth period, or to a motor carrier immediately prior to dispatching the driver.

It is important to note that weather or traffic conditions that could have been expected DO NOT qualify.  If you use the adverse driving exception, note it on your log and provide the company with any available documentation showing what occurred.  This could be news articles, pictures, etc.