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● Updated April 2026 · 49 CFR Part 395 · 2020 Rule Changes Included
FMCSA Hours of Service Rules Explained (2026)11-Hr, 14-Hr, 30-Min Break, 60/70-Hr — Full Guide
Every FMCSA hours of service rule explained with real-world examples, pass/fail scenarios, violation penalties, CSA point impact, and every exemption — including the 2020 rule changes to the sleeper berth split, 30-minute break, and 34-hour restart.
📖 24 min read⚠️ All 2020 changes included📅 Verified April 2026
✓ Written by former FMCSA investigator✓ Based on 49 CFR Part 395✓ 2020 HOS rule changes included
11 hrsmax daily driving
14 hrson-duty window
30 minbreak after 8 hrs
70 hrsweekly on-duty cap
34 hrsweekly restart
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HOS Quick Cheat Sheet — Print This
Core property-carrying driver rules at a glance
11-Hour Rule
Max 11 hours driving after 10 hrs off
10 consecutive off-duty hours
14-Hour Window
All driving must occur within 14 hrs of on-duty start
Cannot be extended by breaks
30-Min Break
Required after 8 cumulative hours driving
Must be off-duty or sleeper berth
60/70-Hr Week
Max 60 hrs/7 days or 70 hrs/8 days on-duty
34-hour consecutive off-duty restart
10-Hr Off Duty
Required before starting new on-duty period
Must be consecutive
What Are FMCSA Hours of Service Rules?
FMCSA Hours of Service (HOS) regulations are federal rules that govern how long commercial motor vehicle (CMV) drivers may drive and be on duty. They are codified in 49 CFR Part 395 and enforced by FMCSA and state law enforcement at roadside inspections.
The rules exist to prevent driver fatigue — which FMCSA data identifies as a factor in approximately 13% of CMV crashes. Violating HOS rules carries civil penalties up to $16,000 per violation, CSA points that affect carrier safety scores, and can result in out-of-service orders that immobilize a driver at the roadside.
The most recent significant update to HOS rules took effect September 29, 2020. That update made four changes: modified the 30-minute break requirement, expanded the sleeper berth split options, extended the adverse driving conditions exception, and removed the 1–5 AM restriction on the 34-hour restart. This guide reflects those current rules.
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Who must follow HOS rules
All commercial drivers operating CMVs in interstate commerce: vehicles ≥10,001 lbs GVWR, passenger vehicles with 9+ passengers for compensation, or vehicles transporting placarded hazardous materials.
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How HOS is tracked
Electronic Logging Devices (ELDs) are required for most CMV drivers since December 2017. ELDs automatically record driving time, on-duty status, and location. Paper logs are still permitted for certain exemptions.
ℹ️ Property-carrying vs. passenger-carrying drivers
This guide covers property-carrying driver rules (the most common). Passenger-carrying drivers (buses, charter services) have different limits: 10 hours driving, 15-hour on-duty window, 60/70-hour weekly limit. The core structure is similar but the numbers differ — see FMCSA HOS FAQs.
The 4 Core HOS Rules Explained
Property-carrying commercial drivers must simultaneously comply with all four of the following rules on every on-duty period. They are not independent — they interact with each other, and hitting any single limit stops a driver from continuing.
11hrs
11-Hour Driving Limit
Maximum driving after 10 consecutive off-duty hours
49 CFR §395.3(a)(3)
A driver may drive a maximum of 11 hours after taking 10 consecutive hours off duty. This is the hard cap on actual time behind the wheel — not including time loading, unloading, fueling, or performing pre-trip inspections. Once 11 hours of driving are consumed, the driver must go off duty for another 10 consecutive hours before driving again.
⚡ KEY FACT: Driving only. Off-duty time resets this clock.
14hrs
14-Hour On-Duty Window
The clock that cannot be paused
49 CFR §395.3(a)(2)
The 14-hour rule is the most misunderstood HOS rule. Once a driver comes on duty after 10 consecutive off-duty hours, they have a 14-hour window in which ALL driving must occur. This window cannot be extended by taking breaks — a 30-minute rest stop does not pause the 14-hour clock. Once 14 hours from the start of your duty period have elapsed, you may not drive — even if you've only used 6 of your 11 driving hours.
⚡ KEY FACT: This clock does NOT pause for breaks. Ever.
30min
30-Minute Break Requirement
Required after 8 cumulative hours of driving
49 CFR §395.3(a)(3)(ii)
After driving for 8 cumulative hours without at least a 30-minute break, a driver must take a break of at least 30 minutes before continuing to drive. The break must be spent off duty or in the sleeper berth — on-duty non-driving time (such as loading) does NOT satisfy this requirement. Note: the 2020 HOS rule change made this more flexible — the break can be taken any time during the first 8 hours of driving, not just at the 8-hour mark.
⚡ KEY FACT: Must be off-duty or sleeper berth. Loading doesn't count.
60/70hrs
60/70-Hour Weekly Limit
Cumulative on-duty hours over 7 or 8 consecutive days
49 CFR §395.3(b)
Carriers operating every day of the week use the 70-hour/8-day limit. Carriers that don't operate every day may use the 60-hour/7-day limit. A driver may not drive after accumulating 60 on-duty hours in 7 consecutive days, or 70 on-duty hours in 8 consecutive days. The 34-hour restart provision allows drivers to reset this weekly clock by taking at least 34 consecutive hours off duty.
⚡ KEY FACT: 34-hour restart resets the weekly clock completely.
JC
Expert Insight
James Calloway
Former FMCSA Safety Investigator · DOT Compliance Consultant · 19 years
“The 14-hour rule is where I see the most genuine confusion — and the most violations. Drivers understand the 11-hour driving limit intuitively. But the 14-hour window catches drivers who take a 3-hour break mid-shift thinking it 'resets' something. It doesn't. The clock runs from first on-duty to last drive. I've seen drivers with only 7 hours of driving get placed out of service because their 14-hour window expired. Know both clocks simultaneously.”
Real-World HOS Scenario: A Full Driver Day
Rules explained in isolation are easier to understand than rules applied together. The following scenario walks through a complete 14-hour driver day, showing exactly when each limit is hit and what the driver must do at each critical point.
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Real-World HOS Timeline
Property-carrying driver, 6 AM start. Click any row for detail.
14-Hour Window (6 AM → 8 PM)
6 AM8 AM10 AM12 PM2 PM4 PM6 PM8 PM
⚠️ The Most Critical Insight from This Scenario
Notice that at 8:00 PM the 14-hour window expires — even though the driver still theoretically had driving time available. In real inspections, enforcement checks BOTH the driving hours used AND the 14-hour window elapsed. Exceeding either is a violation. Many experienced drivers focus only on their driving hours and fail to track the window.
⏱
Free HOS Calculator — Know Your Hours Before You Drive
Input your start time, breaks, and driving hours. Get an instant compliance check: legal, approaching limit, or violation risk.
HOS Violations: Penalties, CSA Points & Out-of-Service Rules
HOS violations are tracked through the FMCSA's Compliance, Safety, Accountability (CSA) system under the Hours-of-Service Compliance BASIC. Points accumulate on the carrier's record and are weighted by recency. Carriers above the intervention threshold face targeted audits.
Operating ELD-exempt when not eligibleserious5 pts$1,000–$11,000—
Failure to retain HOS records (8 days)moderate1 pts$500–$5,000—
Inaccurate driver record of duty status (RODS)serious5 pts$1,000–$11,000—
Civil fine ranges per 49 CFR §395.13. CSA point values per FMCSA Safety Measurement System (SMS) methodology. Out-of-service criteria per CVSA North American Standard Out-of-Service Criteria.
What Triggers an Out-of-Service Order
Not every HOS violation results in OOS — but critical violations do. A driver will be placed out of service at roadside for: driving more than 3 hours beyond the 11-hour limit, driving after the 14-hour window has expired, or operating after exceeding the 60/70-hour weekly limit. OOS means the driver cannot operate the CMV until the violation condition is resolved — meaning they must take the required off-duty time at the location where they were placed OOS.
⚠️ False Log Entries Carry the Highest CSA Penalty
Falsifying an ELD record or paper log carries 10 CSA points — more than an actual driving violation. ELD tampering is also a separate federal criminal matter under 49 U.S.C. §521. Carriers have been fined over $100,000 for systematic log falsification. The risk of falsification always exceeds the risk of a standard HOS violation.
How HOS Violations Affect Carriers
Beyond individual driver fines, HOS violations accumulate as CSA scores against the carrier. CSA scores are public — shippers and brokers review them. A carrier with poor HOS BASIC scores faces: higher insurance premiums, load rejection by shippers requiring CSA score verification, increased likelihood of targeted compliance reviews, and in severe cases, FMCSA-issued conditional or unsatisfactory safety ratings.
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Full DOT Compliance Checklist (2026)
40+ compliance items for small fleets — HOS, medical cards, DQ files, vehicle inspection.
HOS Exceptions & Exemptions: When the Rules Change
FMCSA provides several exemptions that modify the standard HOS rules for qualifying drivers and situations. Misapplying an exemption you don't qualify for is itself a violation — sometimes a more severe one. Each exemption below includes eligibility, what changes, what stays the same, and the most common mistake drivers make.
Eligibility
Driver returns to work reporting location within 14 consecutive hours AND stays within 150 air-miles of the reporting location.
What Changes
No 30-minute break required. No ELD required (paper logs or timecards). No requirement to track 11-hour driving limit separately (still limited by 14-hour window).
What Stays the Same
14-hour on-duty window still applies. 60/70-hour weekly limit still applies. Must still take 10 consecutive hours off duty before next shift.
⚠ Common Gotcha
The moment you exceed 150 air-miles from your reporting location, you lose short-haul status for that entire day. Many drivers don't realize the radius is air-miles, not road miles.
Eligibility
Vehicle must be equipped with a sleeper berth meeting 49 CFR Part 393 specifications. Two split options available post-2020 rule change.
What Changes
Option 1 (8/2 split): At least 8 consecutive hours in sleeper berth + at least 2 consecutive hours off duty or in sleeper. Option 2 (7/3 split): At least 7 consecutive hours in sleeper berth + at least 3 consecutive hours off duty or in sleeper. Neither period counts against the 14-hour window.
What Stays the Same
The 11-hour driving limit still applies across the combined window. Total time in both periods must be at least 10 hours.
⚠ Common Gotcha
The 14-hour clock is 'paused' during the qualifying sleeper berth period, but resumes from where it left off. This is complex — model it in an HOS calculator before assuming you're compliant.
Eligibility
Conditions encountered after the trip begins that were not foreseeable at dispatch time: snow, ice, fog, unusual traffic, road closure.
What Changes
Allows 2 additional hours of driving beyond normal limits (up to 13 hours driving, up to 16-hour window). Can only be invoked once per on-duty period.
What Stays the Same
Weekly limits (60/70-hour) still apply. 34-hour restart rules unchanged. Cannot be used if conditions were knowable before dispatch.
⚠ Common Gotcha
Traffic jams do NOT qualify unless caused by an accident or emergency that occurred after you were dispatched. Pre-planned holiday traffic is not adverse driving conditions.
Eligibility
Driver using CMV for personal use when released from all duty by the carrier. Must be authorized by carrier. Vehicle must not be loaded.
What Changes
Time recorded as off-duty even though moving. Does not count against 11-hour driving or 14-hour window. No distance limit per FMCSA guidance (but must be reasonable).
What Stays the Same
Must be genuinely off duty — no cargo, no dispatch authority. Driver is personally liable (not carrier) if incident occurs during PC. State laws may have different rules.
⚠ Common Gotcha
Driving home from a truck stop to your house = potentially valid PC. Repositioning an empty trailer to a shipper for tomorrow's load = NOT valid PC. The distinction matters enormously.
Eligibility
Any property-carrying driver who wants to reset their 60/70-hour weekly cumulative clock.
What Changes
After 34 or more consecutive hours off duty, the driver's 60/70-hour clock resets to zero. Allows drivers who have burned through their weekly hours to return to full availability.
What Stays the Same
The 2020 rule change removed the previous requirement for two 1–5 AM periods during the restart. As of current rules, only 34 consecutive off-duty hours are required — no specific time window restrictions.
⚠ Common Gotcha
The restart does NOT apply to the daily limits (11-hour or 14-hour). You still need 10 consecutive hours off before driving each day regardless of whether a 34-hour restart is in progress.
⚠️ Exemptions Must Be Properly Annotated on Your Log
When using the adverse driving conditions exception or personal conveyance, the driver must annotate their ELD log with a note explaining why the exemption was invoked. An unannotated log during an inspection will not be recognized as a valid exemption use — it will appear as a straight violation.
ELD Compliance: How Hours of Service Are Tracked
Since the ELD mandate took effect in December 2017, most commercial drivers subject to HOS rules are required to use an Electronic Logging Device. ELDs automatically record driving time when the vehicle moves, eliminating the ability to manually misrepresent hours.
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Who needs an ELD
All drivers required to maintain Records of Duty Status (RODS), with exceptions for short-haul drivers, vehicles manufactured before 2000, drive-away/tow-away operations, and drivers using paper logs for ≤8 days in a 30-day period.
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How ELDs work
ELDs connect to the vehicle's ECM (engine control module) to automatically record engine hours, vehicle movement, miles driven, and engine on/off events. Driving status is automatically activated when the vehicle moves ≥5 mph.
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ELD inspections
At roadside inspections, officers can view ELD data directly on the device screen or via Bluetooth/USB transfer. Officers check the previous 7 days of logs. Non-compliant or missing ELD data triggers violations and potentially OOS.
ELD providers must be registered with FMCSA. The FMCSA ELD registered devices list is the only authoritative source for verified compliant devices. Using an unregistered device is equivalent to using no ELD — a direct violation.
✅
FMCSA Out-of-Service Criteria Risk Assessment
Check your fleet's ELD compliance posture and OOS risk factors before a roadside inspection finds them first.
James spent 19 years as an FMCSA safety investigator before founding his DOT compliance consulting practice. He has conducted over 400 carrier compliance investigations and audits. His work has been cited in FMCSA training materials on HOS enforcement. This guide is informational only — always verify current regulations at FMCSA.dot.gov.
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Frequently Asked Questions: FMCSA Hours of Service Rules
10 of the most-searched HOS questions — answered with real-world applicability, not just rule citations.
The 11-hour driving rule (49 CFR §395.3(a)(3)) limits property-carrying commercial drivers to 11 hours of actual driving time after taking 10 consecutive hours off duty. 'Driving' means any time the vehicle is in motion — it does not include time spent loading, unloading, fueling, or doing paperwork. Once 11 hours of driving are logged, the driver must stop and take 10 consecutive hours off duty before they can drive again. There is no exception to this limit except the adverse driving conditions rule (2 extra hours) or the sleeper berth split provision.
The 14-hour rule means that once a driver comes on duty after 10 consecutive hours off, they have a 14-hour 'window' in which all driving must occur. The critical distinction: this window does NOT pause for any reason. Taking a 2-hour break for lunch does not extend the window. If a driver starts at 6 AM, their 14-hour window closes at 8 PM — even if they only drove 5 hours. The 14-hour window and the 11-hour driving limit work simultaneously; you hit whichever limit first and must stop.
A property-carrying commercial driver can drive a maximum of 11 hours per day (after 10 hours off) — and all driving must occur within a 14-hour window from when they first came on duty. The practical answer for most drivers is 11 hours of driving within a 14-hour on-duty window, after which they need 10 consecutive hours off. The adverse driving conditions exception allows 2 additional hours (13 hours total) in specific qualifying circumstances.
Local drivers who operate within 150 air-miles of their home terminal and return to that terminal each shift may qualify for the short-haul exemption. Under this exemption: no 30-minute break is required, no ELD is required (paper logs or time cards), and they are not required to separately track the 11-hour driving limit. However, the 14-hour on-duty window still applies, and the 60/70-hour weekly limits still apply. The moment a driver leaves the 150-air-mile radius, they lose short-haul status for that entire 24-hour period.
The 70-hour/8-day rule caps a commercial driver's total on-duty hours at 70 hours over any 8 consecutive days. This is for carriers that operate vehicles every day of the week. Carriers that don't operate every day may use the 60-hour/7-day limit. To reset the weekly clock, a driver can take a 34-hour restart — 34 consecutive hours off duty — after which they begin accumulating hours fresh from zero. As of current FMCSA rules, no specific time-window restrictions apply to the 34-hour restart.
The five most common HOS violations in FMCSA data are: (1) driving beyond the 11-hour limit (7 CSA points), (2) operating after the 14-hour window expired (7 CSA points), (3) exceeding the 60/70-hour weekly limit (7 CSA points), (4) false logs or ELD tampering (up to 10 CSA points — the most severe), and (5) missing the 30-minute break after 8 cumulative hours of driving (3 CSA points). Critical violations — those worth 7+ CSA points — can trigger an out-of-service order at roadside inspection.
The sleeper berth split allows drivers with a compliant sleeper berth to split their required 10-hour off-duty period into two qualifying periods. Post-2020 FMCSA rule change, two options are available: Option 1 (8/2 split): 8+ hours in sleeper berth + 2+ hours off duty or in sleeper. Option 2 (7/3 split): 7+ hours in sleeper berth + 3+ hours off duty or in sleeper. The qualifying sleeper berth period 'pauses' the 14-hour clock rather than consuming it. The driving hours used before the sleeper period still count toward the 11-hour limit.
Personal conveyance (PC) allows a driver to use a commercial motor vehicle for personal use while off duty, recording the movement as off-duty time rather than driving time. PC does not count against the 11-hour driving limit or 14-hour window. To qualify: the carrier must authorize PC use, the driver must be genuinely released from all work duties, and the vehicle should not be loaded. FMCSA guidance states there is no specific distance limit but the use must be 'reasonable.' Repositioning an empty truck to a shipper location for tomorrow's load is NOT valid PC.
HOS violations are recorded in the FMCSA's Compliance, Safety, Accountability (CSA) system under the Hours-of-Service Compliance BASIC. Points range from 1 (minor record-keeping violations) to 10 (ELD falsification). Points from roadside violations are weighted by time: violations in the past 6 months carry 3x the weight; violations 7–12 months ago carry 2x weight; violations 13–24 months ago carry 1x weight. Carriers with CSA scores above the intervention threshold risk targeted audits, conditional ratings, and eventually operating authority revocation.
The 2020 FMCSA HOS rule changes (effective September 29, 2020) made four key modifications: (1) The 30-minute break rule was made more flexible — breaks can now be taken as off-duty time any time during the first 8 hours, not only after 8 continuous hours. (2) The sleeper berth split was expanded to allow a 7/3 split option in addition to the existing 8/2 split. (3) The adverse driving conditions exception was extended by 2 hours (from 2 to 2 additional hours beyond the normal limits). (4) The 34-hour restart provision had its 1–5 AM requirement removed — any 34 consecutive off-duty hours now qualifies.