Introduction

Listed below are 10 examples of the Federal hours-of-service rules in action (For additional Examples Click Here). Each example includes:

• One or two completed grids from a driver's Record of Duty Status (log) (where there are two consecutive logs, the labels "Day 1" and "Day 2" are used to tell the two days apart);
• A brief description of any violations that may exist;
• An in-depth explanation of the hours-of-service rules as they apply to the sample log(s); and
• For some of the examples, a discussion of what the driver could have done differently to avoid the violation(s).

Each blue horizontal line drawn within each log grid is labeled with the number of consecutive hours the driver spent in that duty status:

A red "flag," labeled with a particular hours-of-service rule, is used to indicate the point at which the driver went into violation of that rule. The violation continues until the driver stops driving a commercial motor vehicle (CMV):

Finally, an arrow labeled "CP" is used to indicate various "Calculation Points," such as "CP#1," "CP#2," etc. A calculation point is the time of day at which a driver of a property-carrying CMV would begin to count his or her driving and/or on-duty time so as to calculate compliance with the driving and/or on-duty limits. A calculation point would normally appear after a 10-hour break or equivalent:

When reviewing the following examples, you can assume that the driver had at least 10 consecutive hours off duty before the start of each "Day 1" or standalone log.

The examples are divided into two sets: some for drivers of property-carrying vehicles and some for drivers of passenger-carrying vehicles.

For more information on the hours-of-service rules or how to complete a log, refer to the Interstate Truck Driver's Guide to Hours of Service or the Interstate Motorcoach Driver's Guide to Hours of Service.

NOTE: The following log examples focus on the 11- and 14-hour rules for drivers of property-carrying CMVs and the 10- and 15-hour rules for drivers of passenger-carrying CMVs. They do not address any exceptions or special circumstances that may affect how those rules are applied. Except for one, the examples also do not address violations of the 60- or 70-hour limits, which require drivers to stop driving a CMV upon accumulating 60 or 70 on-duty hours over a period of 7 or 8 consecutive days, respectively. You must take these rules into consideration when reviewing actual logs.

Logging Example #1

Violations: There are no violations.

Explanation - 11-Hour Limit: After 10 consecutive hours off duty, the driver was eligible to drive for up to 11 hours beginning at 4:00 a.m. (CP#1). The driver drove only 6 hours, within the limit.

Explanation - 14-Hour Limit: After 10 consecutive hours off duty, the driver had 14 hours available beginning at 4:00 a.m. (CP#1). The driver stopped driving a commercial motor vehicle (CMV) upon reaching the 14-hour limit at 6:00 p.m., so there are no violations.

NOTE: You may continue to work and/or drive a non-commercial motor vehicle after reaching the 14-hour limit, as long as you do not drive a CMV. After 6:00 p.m., this driver would need 10 consecutive hours off duty before again driving a CMV.

Logging Example #2

Violations: There are no violations.

Explanation - 11-Hour Limit: After 10 consecutive hours off duty, the driver was eligible to drive for up to 11 hours beginning at midnight (CP#1). The driver drove for 5 hours before obtaining 10 consecutive hours off duty (using a combination of consecutive off-duty and sleeper-berth time). This 10-hour break moves the calculation point to 3:00 p.m. (CP#2), at which point the driver had another 11 hours available. Because the driver then drove for only 9 hours, there are no violations.

NOTE: A driver may accumulate 10 consecutive hours of rest using any combination of sleeper-berth and off-duty time, as long as all the time is consecutive.

Explanation - 14-Hour Limit: After 10 consecutive hours off duty, the driver had 14 hours available beginning at midnight (CP#1). The driver accumulated just 5 on-duty hours before going off duty for another 10 consecutive hours. The calculation point then moves to 3:00 p.m. (CP#2), and after that point the driver accumulated 9 hours on duty, within the limits.

NOTE: A driver may accumulate 10 consecutive hours of rest using any combination of sleeper-berth and off-duty time, as long as all the time is consecutive.

Logging Example #3

Violations: There is a 14-hour rule violation from 9:00 p.m. - 10:00 p.m.

Explanation - 11-Hour Limit: After 10 consecutive hours off duty, the driver was eligible to drive for up to 11 hours beginning at 2:00 a.m. (CP#1). The driver drove for just 1 hour.

Explanation - 14-Hour Limit: After 10 consecutive hours off duty, the driver had 14 hours available beginning at 2:00 a.m. (CP#1). Because the 14-hour calculation includes all off-duty time of less than 10 consecutive hours, all of this driverÕs time between 2:00 a.m. and 10:00 p.m. is included in the calculation. The driver reached the 14-hour limit at 4:00 p.m. and violated the 14-hour rule at 9:00 p.m. by driving a CMV past the 14-hour duty limit.

NOTE: Even though this driver had 10 hours off duty during the day and only drove for 1 hour, that hour of driving was done in violation of the 14-hour rule. The driver did not obtain another 10 consecutive hours off duty, so the calculation point does not change and the 9-hour break must be included in the calculation of the 14-hour limit. After 10:00 p.m., the driver must be off duty for at least 10 consecutive hours, or in a sleeper berth for at least 8 consecutive hours, before driving again.

To remain in compliance: The driver should not have driven after 4:00 p.m., the 14-hour limit. If he or she had gone into a sleeper berth for the 9-hour break, that break would have been excluded from the 14-hour calculation and the driver would have remained in compliance.

Logging Example #4

Violations: There is a 14-hour rule violation from 5:00 p.m. - 10:00 p.m.

Explanation - 11-Hour Limit: After 10 consecutive hours off duty, the driver had 11 hours of driving time available at 2:00 a.m. (CP#1). The driver completed 11 hours of driving by 10:00 p.m. and went off duty, so there were no violations of the 11-hour rule.

Explanation - 14-Hour Limit: After 10 consecutive hours off duty, the driver had 14 hours available at 2:00 a.m. (CP#1). The driver reached the 14-hour limit at 4:00 p.m. and violated the rules by driving an additional 5 hours without first obtaining either:

• 10 consecutive hours off duty; or
• 8 consecutive hours in a sleeper berth.

To remain in compliance: The driver should have either:

• Obtained one additional hour off duty or in the sleeper berth in the middle of the day (for a total of 10 consecutive hours off duty), or
• Remained in the sleeper berth for 8 consecutive hours, rather than only 7.

Had the driver remained in the sleeper for 8 consecutive hours, that 8-hour sleeper period would have been excluded from the 14-hour calculation and the driver would have remained in compliance.

Logging Example #5

Violations: There is a 14-hour rule violation from 5:00 a.m. Ð 8:00 a.m. on Day 2.

Explanation - 11-Hour Limit: After 10 consecutive hours off duty, the driver was eligible to drive for up to 11 hours at 5:00 a.m. on Day 1 (CP#1). Before obtaining another 10-consecutive-hour break (beginning at 9:00 a.m. on Day 2), he or she drove for only 7 hours, well within the limit.

Explanation - 14-Hour Limit: After 10 consecutive hours off duty, the driver had 14 hours available at 5:00 a.m. on Day 1 (CP#1).

The 14-hour calculation includes:

• All off-duty time of less than 10 consecutive hours;
• All sleeper-berth time of less than 8 hours; and
• All on-duty and driving time.

Therefore, the driver reached the 14-hour limit at 7:00 p.m. on Day 1, and the violation began when the driver drove a CMV at 5:00 a.m. on Day 2.

NOTE: Although this driver had 15-1/2 hours off duty between 9:00 a.m. on Day 1 and 1:00 a.m. on Day 2, that off-duty time was interrupted by a period of 30 minutes on duty (3:00 p.m. on Day 1). Therefore, both the 6-hour sleeper-berth period and the 9-1/2 hour off-duty period are included in the 14-hour calculation (the calculation point does not change from CP#1). In addition, note that the driver can legally work after reaching the 14-hour limit, but cannot drive a commercial motor vehicle.

To remain in compliance: The driver should not have gone on duty from 3:00 p.m. - 3:30 p.m. on Day 1, or should have remained off duty from 1:00 a.m. - 1:30 a.m. on Day 2, in order to get 10 consecutive hours of off-duty time.

Logging Example #6

Violations: There is an 11-hour rule violation on Day 2 from 11:00 p.m. until midnight.

Explanation - 11-Hour Limit: After 10 consecutive hours off duty using a combination of off-duty and sleeper-berth time, the driver was eligible to drive for up to 11 hours beginning at 10:00 a.m. on Day 1 (CP#1). By 11:00 p.m., the driver had no more driving hours available, but continued to work for 3 hours. On Day 2, the driver got another 10 consecutive hours off duty, moving the calculation point to noon on Day 2 (CP#2). At CP#2, the driver had 11 hours of driving time available. The driver violated the 11-hour rule by driving one hour beyond the 11-hour limit at 11:00 p.m.

Explanation - 14-Hour Limit: After 10 consecutive hours off duty, the driver had 14 hours available at 10:00 a.m. on Day 1 (CP#1). The driver reached the 14-hour limit at midnight (note that the 2-hour sleeper-berth period is included in the 14-hour calculation). Though the driver was not eligible to drive a CMV after midnight, he or she was able to continue working without violation. Then, after getting 10 consecutive hours off-duty on Day 2, the 14-hour calculation point moved to noon on Day 2 (CP#2), at which point the driver had 14 hours available again.

NOTE: The 8-hour sleeper-berth period that begins at 2:00 a.m. on Day 1 is part of a longer break of at least 10 consecutive hours, so it does not enable the driver to use the sleeper-berth provision.

Logging Example #7

Violations: On Day 2, there is an 11-hour rule violation from 11:00 p.m. - midnight and a 14-hour rule violation from 1:00 a.m. - 2:00 a.m.

Explanation - 11-Hour Limit: After 10 consecutive hours off duty using a combination of off-duty and sleeper-berth time, the driver was eligible to drive for up to 11 hours at 10:00 a.m. on Day 1 (CP#1). By 2:00 a.m. on Day 2, the driver had driven 9 hours. By obtaining 10 consecutive hours off duty on Day 2, the 11-hour calculation point moved to noon on Day 2 (CP#2), at which point the driver had 11 hours of driving time available again. The driver violated the 11-hour rule by driving beyond the 11-hour limit at 11:00 p.m.

Explanation - 14-Hour Limit: After 10 consecutive hours off duty, the driver had 14 hours available at 10:00 a.m. on Day 1 (CP#1). The driver reached the 14-hour limit at midnight (the 5-hour sleeper-berth period is included in the 14-hour calculation because it was less than 8 hours). Though the driver was not eligible to drive a CMV after midnight, he or she was able to continue working (on-duty (not driving)) without violation, which was done for 1 hour. The driver violated the 14-hour rule by driving a CMV at 1:00 a.m. Then, after 10 consecutive hours off duty, the 14-hour calculation point moved to noon on Day 2 (CP#2), at which point the driver had 14 hours available to work again.

NOTE: The 8-hour sleeper-berth period that begins at 2:00 a.m. on Day 1 is part of a longer break of at least 10 consecutive hours, so it does not affect use of the sleeper-berth provision.

Logging Example #8

Violations: There is an 11-hour rule violation from 5:00 a.m. - 6:00 a.m. on Day 2.

Explanation - 11-Hour Limit: After 10 hours off, the driver had 11 hours of driving time available at 10:00 a.m. (CP#1) on Day 1. At the end of the day, the driver had 2 hours remaining and, without a valid 10-hour break, the driver violated the 11-hour limit by driving an additional 1 hour, at 5 a.m. on Day 2.

NOTE: The driver had 8 consecutive hours in the sleeper berth, but that break does not give the driver any extra driving time (that is, it does not change the calculation point). In addition, the driver cannot use the sleeper-berth provision because he or she did not obtain the equivalent of 10 hours of rest by getting a combination of at least 8 (but less than 10) consecutive hours in a sleeper berth and another break of at least 2 (but less than 10) consecutive hours.

Explanation - 14-Hour Limit: Calculation of the 14-hour limit begins at 10:00 a.m. on Day 1 (CP#1). The driver used 9 of 14 hours on Day 1. Because the driver then got at least 8 consecutive hours in a sleeper berth, that rest break is not included in the 14-hour calculation. The 14-hour calculation continues into Day 2, and at 6:00 a.m. the driver has accumulated 12 hours and has not driven a CMV past the 14-hour duty limit.

NOTE: The driver had 8 consecutive hours in the sleeper berth, but that does not change the 14-hour calculation point because the driver did not obtain a second break of at least 2 (but less than 10) consecutive hours.

Logging Example #9

Violations: There is a 14-hour rule violation from 10:00 p.m. - 11:00 p.m.

Explanation - 11-Hour Limit: After 10 consecutive hours off duty, the driver had 11 hours of driving time available at midnight (CP#1). The driver completed 9 hours of driving by 11:00 p.m. and went off duty, so there are no violations of the 11-hour rule.

Explanation - 14-Hour Limit: After 10 consecutive hours off duty, the driver had 14 hours available at midnight (CP#1). The driver used 10 of those hours by 10:00 a.m. before entering the sleeper berth for 8 consecutive hours.

The 8-hour sleeper-berth period is excluded from the 14-hour calculation, but the 1-hour off-duty period connected to that sleeper-berth period is not. So the 14-hour limit was reached at 10:00 p.m., 4 hours after the end of the sleeper-berth period, and the driver violated the rule by continuing to drive for another hour.

NOTE: If the off-duty period from 6:00 p.m. - 7:00 p.m. had been spent in a sleeper berth, it would have been excluded from the 14-hour calculation.

To remain in compliance: The driver should have either:

• Stopped driving at 10:00 p.m., or
• Remained in the sleeper berth from 6:00 p.m. - 7:00 p.m.

Logging Example #10

Violations: There are no violations.

Explanation - 11-Hour Limit: After 10 consecutive hours off duty, the driver was eligible to drive for up to 11 hours beginning at 10:00 a.m. on Day 1 (CP#1), but only drove 9 hours before entering the sleeper berth. With only 8 hours in the sleeper berth, the calculation point does not change, so the driver had 2 hours remaining to drive at 3:00 a.m. on Day 2. After reaching the 11-hour limit at 5:00 a.m. on Day 2, the driver went off duty for at least 2 consecutive hours, making him or her eligible for the sleeper-berth provision in 395.1(g)(1) - the driver accumulated at least 10 hours of rest using a combination of at least 8 consecutive hours in the sleeper berth and another off-duty break of at least 2 consecutive hours. This moves the calculation point to the end of the first of the two periods of rest, or 3:00 a.m. (CP#2). With 2 hours spent driving after 3:00 a.m., the driver had 9 remaining hours by 7:00 a.m. and used only another 8 hours.

NOTE: An 8-hour sleeper-berth period, by itself, does not provide additional driving time, but it is always excluded from the 14-hour calculation (see below).

Explanation - 14-Hour Limit: After 10 consecutive hours off duty, the driver had 14 hours available at 10:00 a.m. on Day 1 (CP#1). By 7:00 p.m. on Day 1, the driver had 5 hours remaining (but only 2 hours of driving available). At 3:00 a.m. on Day 2, the driver still had 5 hours remaining, because any sleeper-berth period of at least 8 but less than 10 consecutive hours is excluded from the 14-hour calculation. By 7:00 a.m. on Day 2, the driver had taken 8 consecutive hours in a sleeper berth plus another 2 consecutive hours off duty, making him or her eligible to use the sleeper-berth provision. This moves the 14-hour calculation point to 3:00 a.m. (CP#2). Therefore, at 7:00 a.m. on Day 2, the driver had 10 hours of time remaining (14 - 2 - 2 = 10) and used 9 hours before the end of Day 2.

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No. Intrastate commercial motor vehicle regulations are under the jurisdiction of each State. The HOS regulations apply directly only to interstate commerce. However, most States have adopted intrastate regulations which are identical or very similar to the Federal hours-of-service regulations. A driver involved exclusively in intrastate operations should contact the State agency handling commercial vehicle enforcement in the driver's home State with any questions. Usually this is the state police or highway patrol, although in some States, the function is handled by the department of motor vehicles, department of public safety, or public service commission.

Drivers or carriers who violate the HOS rules face serious penalties:

• Drivers may be placed out-of-service (shut down) at roadside until the driver has accumulated enough off-duty time to be back in compliance;
• State and local enforcement officials may assess fines;
• FMCSA may levy civil penalties on driver or carrier, ranging from $1,000 to $11,000 per violation depending on severity;
• The carrier's safety rating can be downgraded for a pattern of violations; and
• Federal criminal penalties can be brought against carriers who knowingly and willfully allow or require HOS violations, or drivers who knowingly and willfully violate the HOS regulations

No. Motorcoach operators and drivers will continue to operate under the HOS rules as specified in 395.5

A driver will be subject to the limits on driving time applicable to the CMV the driver is driving (11 hours for a property-carrying CMV, 10 hours for a passenger CMV), and will be required to meet the off-duty requirements applicable to the type of CMV the driver will drive immediately after that off-duty period (10 hours if the next assignment is in a property-carrying CMV, 8 hours if it is in a passenger CMV). For example, if a bus driver completes 8 hours off-duty for the motorcoach company, the driver must remain off-duty for another 2 hours before driving for the trucking company. After completing 10 consecutive hours off-duty, the driver may drive for 11 hours for the trucking company. Following 8 consecutive hours off-duty, the driver may then drive for the bus company.

No. The driver of a property carrying vehicle must take an additional 2 consecutive hours off- duty, for a total of 10 consecutive hours, before beginning an interstate trip.

"Waiting time" at a terminal, plant, or port may be recorded as off-duty, sleeper berth, or on duty/not driving, depending on specific circumstances.

For "waiting time" to be off-duty, the following off-duty conditions must be met:

1. The driver must be 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.
2. During the stop, and for the duration of the stop, the driver must be at liberty to pursue activities of his/her own choosing and to leave the premises where the vehicle is situated.

If circumstances permit a driver to utilize a valid sleeper berth without being disturbed for a specific period of "waiting time," that time in the sleeper berth may be recorded as "sleeper berth" time. However, a driver must take eight consecutive hours in a sleeper berth, plus another two consecutive hours off duty or in a sleeper berth, in order to meet the requirement for the equivalent of 10 consecutive hours off duty. In most other circumstances, such as when the driver is required to remain with the vehicle to move it when necessary, the "waiting time" should be recorded as "on duty/not driving."

These provisions should not be confused with waiting time of drivers of vehicles that are specially constructed to service oil wells.

Yes. The HOS rule does not control communication between the driver and the motor carrier during the driver's off-duty time, so the call may occur. However, the driver cannot be required to do any work for the motor carrier during the 10 hours of off-duty time.

Mexican and Canadian drivers operating in the United States must comply with FMCSA's HOS regulations. Although compliance with the HOS regulations is checked by looking backward in time, and activity occurring outside the U.S. may be taken into account, State and Federal officials may only impose penalties for violations that occurred in this country.

For example, upon entering this country, Canadian and Mexican drivers must show a current RODS for the previous 7 consecutive days. U.S. officials cannot penalize a driver for actions that occurred abroad, but failure to have the previous 7 days of RODS while in the U.S. is a violation of 395.8(k)(2). Additionally, Mexican and Canadian drivers of property-carrying commercial motor vehicles may not drive in the U.S. unless their last off-duty period (either here or abroad) amounted to 10 consecutive hours (or an authorized sleeper-berth equivalent). If such a driver took only 8 consecutive hours off-duty in Mexico or Canada just before starting a trip into the U.S., he/she would be required to take 10 consecutive hours off-duty immediately after entering this country.

Canadian and Mexican military and other government employees are NOT exempt from the HOS regulations. The general exemption in 390.3(f)(2) applies only to U.S. Federal, State, and local governments.

It is easiest to determine passenger-carrying, with any other CMV drivers to be considered property-carrying. The definition of a CMV in 390.5 should be used to determine passenger- carrying. If a driver is operating a CMV "designed or used to transport more than 8 passengers (including the driver) for compensation; or designed or used to transport more than 15 passengers, including the driver, and is not used to transport passengers for compensation," the driver would be considered to be passenger-carrying regardless of whether there were actually any passengers on the vehicle. This would include, for example, new buses being delivered (driven) from manufacturer to dealer.

The HOS regulations do not specifically define or use the term "short haul" except as a caption for 395.1(e), which includes requirements for drivers using the 100 air-mile radius exception and those covered by the "non-CDL, as defined in Part 383, 150 air-mile radius" provision.

The term "air-mile" is internationally defined as a "nautical mile" which is equivalent to 6,076 feet. Thus, the 100 air-miles are equivalent to 115.08 statute miles, and 150 air-miles are equivalent to 172.6 statute miles.

Under both provisions, a driver may use time records in lieu of RODS.

For property-drivers, the concept of "split shifts" is no longer relevant due to the limitations of the 14-hour rule. The provisions in 395.1(e) only provide an exception to the RODS requirements. Generally, they do not exempt the driver from any requirements of the HOS rules.

100 air-mile radius driver - A driver may go on- and off-duty multiple times during a duty tour, after completing at least 10 hours off duty, but the total of all on- and off-duty time accumulates toward their 12 hours. Once a driver is on duty more than 12 hours they no longer meet the 100 air-mile radius exemption.

Operators of property-carrying commercial motor vehicles not requiring a commercial driver's license - A driver may go on- and off-duty multiple times during a duty tour, but the total of all on- and off-duty time accumulates towards the 14- or 16-hour time limit, whichever is applicable at the time, until the driver has a period of 10 or more consecutive hours off-duty.

Prior Regulatory Guidance ( 395.1 Question 19) on this subject no longer applies to property- carrying drivers.

The driver complies with the provisions of the 100 air-mile radius exception or the non-CDL, as defined by Part 383, 150 air-mile radius provision if either of those are applicable for the entire duty period (usually one day). For example, if a driver operates within the 100 air-mile radius for part of the day and then travels outside the radius during the same duty period, the exception would not apply. The driver must remain under the conditions of the exception for the entire duty period. Compliance may vary from one duty period to the next, depending on operating circumstances. A driver operating under the 100 air-mile radius exception for one day and then outside the radius for the second day would only be required to make a RODS for the second day.

The 100 air-mile radius exception in Part 395.1(e)(1) is an option to use time records in lieu of RODS on days when the driver meets the conditions of the exception, which are:

• The driver operates within a 100 air-mile ( 115 statute miles) radius of the normal work reporting location, and
• The driver returns to the work reporting location and be released from duty within 12 consecutive hours, and
• The driver maintains time records as specified in the rule, and
• The driver is not covered by the "non-CDL 150 air-mile radius" provision.

Yes. A driver normally operating under the 100 air-mile radius exception in 395.1(e) may also meet the requirements in 395.1(o) enabling the driver to have one period of 16 hours on-duty each week (or after a 34-hour restart). However, on the day in which the 16-hour exception is utilized, the driver would not meet the 12-hour duty-period requirement of the 100 air-mile radius exception and would therefore be required to make a RODS for that day.

Operators of property-carrying commercial motor vehicles not requiring a CDL, as defined in Part 383, may be covered by the Non-CDL 150 air-mile radius provision. Note that the applicability depends on the type of vehicle being driven, not whether the operator possesses a CDL.

Drivers of non-CDL vehicles (those vehicles not requiring a CDL, as defined in Part 383 to operate) who are operating within a 150 air-mile radius of their normal work reporting location and return to their normal work reporting location at the end of their duty tour are now covered by separate HOS provisions. Drivers meeting these conditions are not eligible for the existing 100 air-mile radius provision in 395.1(e)(1) or the current 16-hour exception in 395.1(o), since those conflict with this new Non-CDL 150 air-mile radius provision. These drivers are required to comply with the following:

1. The 11 hours driving, minimum 10 hours off-duty, 14 consecutive hour duty period, 60/70 hours in 7/8 days, 34-hour restart all apply.
2. On any 2 days of every 7 consecutive days, the driver may extend the 14-hour duty period to 16 hours.
3. There is no requirement that the driver be released from duty at the end of the 14- or 16- hour duty periods . The driver may continue to perform non-driving duties, which would be counted against the 60/70 hour weekly limitation.
4. Time records may be used in lieu of records of duty status.

Yes. A driver may remain on duty for more than 14 hours; however, the driver of a property- carrying CMV cannot drive after the 14th hour after coming on duty. Also, the additional on-duty time will be counted toward the 60/70-hour on-duty limit.

No. Off-duty breaks during the day do not extend the workday to permit a driver to drive after the 14th consecutive hour on duty. However, time logged as off duty is not counted in calculating a driver's 60/70-hour on-duty limit.

The 16-hour exemption in 395.1(o) is designed for one-day "duty tours." The duty tour is the interval between the time a driver comes on-duty and is released from duty on a daily basis. This period begins and ends at the driver's normal work reporting location and may only be used following 10 or more consecutive hours off-duty, 10 or more consecutive hours in the sleeper berth, or a combination of 10 or more consecutive hours off-duty and sleeper berth time.

No. Example: If a driver was on duty 16 hours on Wednesday, but didn't drive after being on duty 14 hours, could the driver use the 16 hour extension on Friday and be allowed to drive after the 14th hour as long as all other conditions and regulations

(11-, 16-, and 60/70- hour rules) were met?

In this scenario, the driver may choose to use the 16-hour extension on Friday as long as the driver meets all of the requirements for the 16-hour exception outlined in Part 395.1(o) and also remains in compliance with Part 395.3(a)(1) and Part 395.3(b). Although the 16 hours on-duty on Wednesday will count toward the driver's 60/70 calculations, the driver has not utilized the 16-hour exception unless the driver has actually driven after the 14 th hour.

As stated in 395.1(o) and current 395.1 Interpretation Question 15, a driver having more than one work reporting location could use the 395.1(o) 16-hour exception; however, its availability would be limited by the requirement of 395.1(o)(1) that the "carrier released the driver from duty at that location for the previous five duty tours the driver has worked..." A driver alternating between two normal work locations on a weekly basis would not be able to utilize the exception unless he worked six days per week, and then the exception could only be used on the sixth day.

No. A driver may not use the exception for adverse driving conditions while also using the 16- hour exception for property-carrying drivers. Section 395.1(b)(1)(ii) of the adverse driving conditions exception specifically states that a property-carrying driver may not drive or be permitted to drive after he/she has been on-duty after the end of the 14 th hour after coming on-duty following 10 consecutive hours off-duty.

The 395.1(o) exception for property-carrying drivers is for drivers who return to the normal work reporting location and are released from duty at the end of each of the previous 5 duty tours. The use of 10 consecutive hours off duty or the equivalent (sleeper berth, off duty, or any allowable combination thereof) before returning to the work reporting location would interrupt the duty tour, and the driver would not be eligible to use the 16-hour exception that day or again until after 5 or more duty tours when the driver did return to the work reporting location.

Yes. Any period of 34 consecutive hours off-duty will restart the 60/70 hour calculation.

No. Performing compensated work for a person not a motor carrier is considered on-duty time, which would interrupt the 34-hour period.

Yes, provided the carrier has not required the driver to report for work until after the 34-hour period has ended.

Yes. Duty status changes and periods occurring in Canada or Mexico before entering the U.S. are included in HOS calculations while in the U.S.

The RODS pages printed by most commercial firms include a "recap" on each page for drivers to calculate compliance with the 60/70 hour limits and show "time remaining" within those limits. This "recap," however, is not required or addressed by the FMCSRs. Therefore, the "recap" may be completed in any manner desired.

Yes, provided the 34-hour period is consecutive and not broken by on-duty or driving activities.

Yes. It would be a "...combination of consecutive sleeper-berth and off-duty time amounting to at least 10 hours" per 395.1(g)(1). The driver would not be permitted to perform any duties, such as pre-trip inspections, prior to using the sleeper berth.

A sleeper-berth period of at least 8 consecutive hours is excluded from calculation of the 14- hour limitation. All other sleeper berth periods are included in the 14-hour calculation (unless part of a sleeper-berth/off-duty combination of 10 or more consecutive hours).

No. The new rule retains the current exception in 395.1(d)(2), which provides that drivers of vehicles that are specially constructed to service oil wells are not required to log time waiting at a natural gas or oil well site as "on-duty not driving" time. This specific group of drivers is allowed to extend, by the amount of their waiting time, the 14-hour period after coming on-duty during which driving is allowed.

No. Off-duty time at a yard for oil-field equipment is counted toward the calculation of the 14- hour rule. Only waiting time at a natural gas or oil well site may be excluded from on-duty time.

No. The exception in 395.1(o) is only available to drivers who otherwise strictly observe the 14-hour limit. Since 395.1(d)(2) allows drivers of commercial motor vehicles specially constructed to service oil wells to exclude waiting time at a natural gas or oil well site from on- duty time, these drivers do not strictly observe the 14-hour limit on a daily basis. An oilfield driver may choose to use the exception provided in either 395.1(d)(2) or 395.1(o), but not both.

Based on the language of 395.1(d)(1), dedicated oilfield mechanics operating CMVs are able to take advantage of the 24-hour restart provision since they a re servicing the vehicles/equipment associated with field operations. However, the mechanics may not take advantage of the provisions of 395.1(d)(2) to exclude waiting time at a natural gas or oil well site from on-duty time because the vehicle being operated is not specially constructed to service oil wells.