FMCSA Hours of Service Regulations: Complete Guide for Commercial Motor Carriers

By CarrierLens Compliance Team • Last updated: 2026-05-01

FMCSA's Hours of Service (HOS) regulations limit how many hours CDL drivers may drive and be on duty in a day and week. HOS violations are among the most common findings during roadside inspections and compliance reviews — contributing to the HOS Compliance BASIC and carrying civil penalties of up to $16,000 per violation. This guide covers every rule, every exception, and how to document compliance.

Core HOS Rules for Property-Carrying Drivers (49 CFR Part 395)

Rule	Limit	Reset Condition
11-Hour Driving Limit	11 hours driving after 10 consecutive hours off duty	10 hours consecutive off duty
14-Hour On-Duty Limit	Cannot drive past the 14th hour after coming on duty	10 hours consecutive off duty
30-Minute Rest Break	Required after 8 hours of driving without a qualifying break	30 minutes off duty (or SB) during the 8-hour window
60-Hour/7-Day Limit	60 hours on duty in any 7 consecutive days	34-hour restart or time off to drop below limit
70-Hour/8-Day Limit	70 hours on duty in any 8 consecutive days (if operating every day)	34-hour restart or time off

The 14-Hour Rule: The Most Misunderstood HOS Limit

The 14-hour on-duty window begins when the driver first comes on duty and cannot be extended by off-duty time taken during the work period (with limited sleeper berth exceptions). Once the 14th hour passes from the driver's first on-duty time, driving is prohibited — regardless of how many driving hours remain. A driver who takes a 3-hour delivery break is still constrained by the 14-hour clock. This is the rule most often misapplied on paper logs.

The 34-Hour Restart

The 34-hour restart under 49 CFR §395.3(c) allows drivers to restart their weekly on-duty cycle by taking at least 34 consecutive hours off duty. After the 34 hours, the driver begins a fresh 60/70-hour cycle. The restart can only be used once per 168 hours (7 days). There is no 1:00–5:00 AM requirement for the restart (that provision was suspended).

Sleeper Berth Provisions

Drivers using sleeper berths can split their off-duty time. The split sleeper berth rule (as revised in 2020) allows:

A required period of at least 7 hours in the sleeper berth, plus
A separate period of at least 2 hours (either sleeper berth or off duty)
The two periods together must equal at least 10 hours
The "short break" of 2+ hours pauses the 14-hour window without counting against driving time

Short-Haul Exemption (150 Air-Mile Exemption)

Drivers who operate within a 150 air-mile radius of their normal work reporting location and return to that location within 14 hours are exempt from the 11-hour and 30-minute break requirements — and are not required to use an ELD. Conditions:

✓Stays within 150 air miles of normal work reporting location
✓Returns to normal reporting location within 14 hours (not 14 hours from first driving)
✓Does not qualify on more than 8 days in any 30-day period
✓Employer keeps time records for 6 months

ELD Requirements and HOS Documentation

Since the FMCSA ELD Mandate took full effect in December 2019, most property-carrying drivers must use a registered ELD to record their hours. ELD exceptions include:

Drivers using short-haul exemption (return within 14 hours, within 150 air miles)
Drivers of vehicles manufactured before model year 2000
Driveaway-towaway drivers using paper logs for no more than 8 days in a 30-day period

HOS Violations and Penalties

Violation	Consequence
Driving past 11 hours	Driver OOS until rested; civil penalty up to $16,000
Driving past 14-hour window	Driver OOS; civil penalty up to $16,000
Falsifying HOS records	Civil penalty up to $27,500; potential criminal liability
Operating without ELD (when required)	Driver OOS until ELD is available
Exceeding 60/70-hour limit	OOS condition; civil penalty

Frequently Asked Questions

What are FMCSA's hours of service rules for property-carrying drivers?

Under 49 CFR Part 395, property-carrying CDL drivers in interstate commerce are subject to: (1) 11-hour driving limit — a driver may not drive more than 11 hours after 10 consecutive hours off duty; (2) 14-hour on-duty limit — the driver may not drive after the 14th consecutive hour from the start of their work period; (3) 30-minute rest break — required after 8 hours of driving without an interruption of at least 30 minutes off duty (only if the driver is past 8 hours from their last off-duty or sleeper berth period of at least 30 minutes); (4) 60/70-hour limit — a driver may not drive after being on duty for 60 hours in any 7 consecutive days, or 70 hours in any 8 consecutive days.

What is the 34-hour restart rule for HOS?

The 34-hour restart under 49 CFR §395.3(c) allows drivers to restart their 60-hour/7-day or 70-hour/8-day cycle by taking at least 34 consecutive hours off duty. After the restart is complete, the driver begins a fresh 60 or 70-hour cycle. The restart can only be used once per 168 hours (7 days). There is no limit to how many times a driver can use the restart in a year — but they can only use it once in any rolling 168-hour window. The restart does not affect the driver's daily 10-hour off-duty requirement.

Are ELDs required for all commercial motor vehicle drivers?

Under the FMCSA ELD mandate (49 CFR Part 395 Subpart B), ELDs are required for all CMV drivers who are required to maintain records of duty status (RODS), with these exceptions: drivers who operate under the short-haul exemption (150 air-mile, return to base within 14 hours); drivers operating vehicles manufactured before model year 2000; drivers using paper logs for no more than 8 days in a 30-day period for driveaway-towaway operations; and drivers operating under the agricultural commodity exemption when the exemption applies. All ELDs must be registered with FMCSA and appear on the FMCSA Registered ELD List.

What are the penalties for HOS violations?

HOS violations carry civil penalties of up to $16,000 per violation, per day for carriers. For egregious violations — including falsification of HOS records — penalties can reach $27,500 per violation. Roadside HOS violations result in OOS orders: a driver placed out of service for an HOS violation cannot drive until the required off-duty period is satisfied. The carrier's CSA HOS Compliance BASIC score is affected by every HOS OOS event discovered at roadside inspection, raising the carrier's percentile score and increasing the likelihood of a compliance review.

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