Truck drivers are governed by Hours of Service regulations. First published in 1937, driver hours of service have been through many changes, challenges and Congressional rulemaking changes over the course of time. The latest rule updates, effective September 29, 2020, are in response to experience gained from the mandated use of Electronic Logging Devices, as well as intended to help drivers through the pandemic.
If you haul interstate commerce, defined as any cargo that is shipped with the intention of delivery to another state or country, you fall under federal Hours of Service regulations, even if you only drive within a single state.
If you only haul intrastate commerce, which is cargo shipped from an address in one state to another address in that same state, you fall under that state’s regulations.
Here we will break down the federal Hours of Service requirements, and changes from the previous rule, as they apply to property-carrying drivers. These are often, though not always, identical to state law.
There are three maximum duty limits: the 14-hour limit, the 11-hour driving limit, and the 60-hour/7-day and 70-hour/8-day duty limits.
What is a Trucker's driving window?
14-Hour Limit
The driving window is the maximum number of clock hours during which you may drive before taking a rest period. Under federal regulations, the driving window is 14 hours, followed by a mandatory 10-hour rest break. This means that if your last 10-hour break ended at 8 a.m., your 14-hour driving window would end at 10 p.m. that same night. You are allowed to do other work after that, but may not drive again until after a 10-hour rest period.
11-Hour Driving Limit
Although you have a 14-hour window during which you may drive, you are not allowed to drive continuously for that time. You may only drive for 11 total hours within that 14-hour window, after a 10-hour rest period.
Rolling Weekly Duty Limit
The 60-hour/7-day or 70-hour/8-day rolling schedule can be confusing. It refers to the total number of hours that a truck driver can work within a set period of time. Companies that do not operate trucks every day must follow the 60/7 schedule, while those that do can choose either schedule.
Once you hit your hour limit, you may do other work, but you may not drive again until you are completely off duty for enough days for your schedule to roll over. For example, if you work 5 14-hour days in a row, even if you are not driving, you will hit the 70-hour limit for an 8-day schedule. You may not drive again until you drop below a total of 70 hours worked within 8 days.
However, the regulations do allow trucking companies to offer you a 34-hour restart. That means that if you are entirely off duty for 34 hours straight, your rolling limit will reset to zero, and you can start driving again.
Hours Of Service Changes
30-minute Driving Break
After driving for a period of 8 cumulative hours, drivers must take a 30 minute break. In contrast to the previous rule, the driver may satisfy the break requirement with any non-driving consecutive 30-minute rest period, including on-duty but not driving.
This change will add flexibility for drivers to incorporate routine workday activities, for instance, a stop to fuel the truck, secure a load, or stretch your legs and use the restroom.
Sleeper Berth Provision
The previous rule allowed drivers to split their 10-hour off duty time, 8/2, provided they were spending at least 8 consecutive hours in the sleeping berth, but the 2 hours did count against the 14-hour driving window.
With this rule change, drivrs are afforded more flexibility and may split their 10-hour off duty period, provided they spent at least 7 consecutive hours in the sleeper berth. The time in and out of the bunk must total 10 hours and neither time period counts against the 14-hour driving window.
Adverse Driving Conditions
The new rule allocates an additional two hours to the driver's on-duty window when a he or she encouters adverse driving conditions. The rolling weekly duty limit remains unchanged when the adverse conditions exemption is in force.
The FMCSA defines adverse driving conditions as: “snow, sleet, fog, other adverse weather conditions, a highway covered with snow or ice, or unusual road and traffic conditions, none of which were apparent on the basis of information known to the person dispatching the run at the time it was begun.”
For example, typical rush hour traffic would not meet the definition, while a serious accident shutting down a freeway could trigger the provision. Drivers should make appropriate notations in the ELD when using this new rule.
Short-Haul Exemptions
The new rule expands the short-haul exception from 100 to 150 air miles and allows a 14-hour work shift to take place as part of the exception, an increase from the previous 12-hour limit. The change provides local drivers greater flexibility without having to maintain records of duty status.
Hours of Service regulations are quite complex, and there are several exceptions and rules that you must be familiar with. The above is a general guide, but it is important to study the regulations in detail to make sure you don’t run afoul of the law.
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