§FMCSR.com
Historical textIn force on Oct. 1, 2012Source: annual CFR edition 2012

§ 395.3 Maximum driving time for property-carrying vehicles.

Wording in the annual edition revised as of Oct. 1, 2012, superseded by the 2013 annual edition.

govinfo, 2012 edition ↗
Before Jan. 1, 2017 the record is one snapshot per annual CFR edition, revised as of October 1. This is the 2012 edition's wording. An amendment that took effect between Oct. 1, 2012 and Oct. 1, 2012 would not appear until the next edition, so check the citations below and the Federal Register for exact effective dates.
What changedOct. 1, 2008 wording → Oct. 1, 2012 wording+338 added−59 removedHide

Subject(a) toExcept theas exceptionsotherwise andprovided exemptions in § 395.1:
(a)
, Nono motor carrier shall permit or require any driver used by it to drive a property-carrying commercial motor vehicle, nor shall any such driver drive a property-carrying commercial motor vehicle, regardless of the number of motor carriers using the driver's services, unless the driver complies with the following requirements:
(1) MoreStart thanof 11work cumulativeshift. hoursA followingdriver may not drive without first taking 10 consecutive hours off- duty;
(2) For14-hour any period. afterA thedriver endmay drive only during a period of the14 14thconsecutive hourhours after coming on duty following 10 consecutive hours off duty,. exceptThe whendriver amay property-carryingnot driverdrive compliesafter with the provisionsend of §the 39514-consecutive-hour period without first taking 10 consecutive hours off duty.1
(o3) orDriving §time 395and rest breaks.1 (ei) Driving time. A driver may drive a total of 11 hours during the 14-hour period specified in paragraph (a)(2) of this section.
(ii) Rest breaks. After June 30, 2013, driving is not permitted if more than 8 hours have passed since the end of the driver's last off-duty or sleeper-berth period of at least 30 minutes.
(
b) No motor carrier shall permit or require a driver of a property-carrying commercial motor vehicle to drive, nor shall any driver drive a property-carrying commercial motor vehicle, regardless of the number of motor carriers using the driver's services, for any period after—
(1) Having been on duty 60 hours in any period of 7 consecutive days if the employing motor carrier does not operate commercial motor vehicles every day of the week; or
(2) Having been on duty 70 hours in any period of 8 consecutive days if the employing motor carrier operates commercial motor vehicles every day of the week.
(c)(1) AnyThrough June 30, 2013, any period of 7 consecutive days may end with the beginning of anyan off-duty period of 34 or more consecutive hours;. After June 30, 2013, any period of 7 consecutive days may end with the beginning of an off-duty period of 34 or more consecutive hours that includes two periods from 1 a.m. to 5 a.m.
(2) AnyThrough June 30, 2013, any period of 8 consecutive days may end with the beginning of an off-duty period of 34 or more consecutive hours. After June 30, 2013, any period of 8 consecutive days may end with the beginning of an off-duty period of 34 or more consecutive hours that includes two periods from 1 a.m. to 5 a.m.
[70(d) FRAfter 50073June 30, Aug2013, a driver may not take an off-duty period allowed by paragraph (c) of this section to restart the calculation of 60 hours in 7 consecutive days or 70 hours in 8 consecutive days until 168 or more consecutive hours have passed since the beginning of the last such off-duty period. 25,When 2005a driver takes more than one off-duty period of 34 or more consecutive hours within a period of 168 consecutive hours, ashe amendedor atshe 72must indicate in the Remarks section of the record of duty status which such off-duty period is being used to restart the calculation of 60 hours in 7 consecutive days or 70 hours in 8 consecutive days.
[76
FR 7127081188, Dec. 1727, 20072011]

(a) Except as otherwise provided in § 395.1, no motor carrier shall permit or require any driver used by it to drive a property-carrying commercial motor vehicle, nor shall any such driver drive a property-carrying commercial motor vehicle, regardless of the number of motor carriers using the driver's services, unless the driver complies with the following requirements:

(1) Start of work shift. A driver may not drive without first taking 10 consecutive hours off duty;

(2) 14-hour period. A driver may drive only during a period of 14 consecutive hours after coming on duty following 10 consecutive hours off duty. The driver may not drive after the end of the 14-consecutive-hour period without first taking 10 consecutive hours off duty.

(3) Driving time and rest breaks. (i) Driving time. A driver may drive a total of 11 hours during the 14-hour period specified in paragraph (a)(2) of this section.

(ii) Rest breaks. After June 30, 2013, driving is not permitted if more than 8 hours have passed since the end of the driver's last off-duty or sleeper-berth period of at least 30 minutes.

(b) No motor carrier shall permit or require a driver of a property-carrying commercial motor vehicle to drive, nor shall any driver drive a property-carrying commercial motor vehicle, regardless of the number of motor carriers using the driver's services, for any period after—

(1) Having been on duty 60 hours in any period of 7 consecutive days if the employing motor carrier does not operate commercial motor vehicles every day of the week; or

(2) Having been on duty 70 hours in any period of 8 consecutive days if the employing motor carrier operates commercial motor vehicles every day of the week.

(c)(1) Through June 30, 2013, any period of 7 consecutive days may end with the beginning of an off-duty period of 34 or more consecutive hours. After June 30, 2013, any period of 7 consecutive days may end with the beginning of an off-duty period of 34 or more consecutive hours that includes two periods from 1 a.m. to 5 a.m.

(2) Through June 30, 2013, any period of 8 consecutive days may end with the beginning of an off-duty period of 34 or more consecutive hours. After June 30, 2013, any period of 8 consecutive days may end with the beginning of an off-duty period of 34 or more consecutive hours that includes two periods from 1 a.m. to 5 a.m.

(d) After June 30, 2013, a driver may not take an off-duty period allowed by paragraph (c) of this section to restart the calculation of 60 hours in 7 consecutive days or 70 hours in 8 consecutive days until 168 or more consecutive hours have passed since the beginning of the last such off-duty period. When a driver takes more than one off-duty period of 34 or more consecutive hours within a period of 168 consecutive hours, he or she must indicate in the Remarks section of the record of duty status which such off-duty period is being used to restart the calculation of 60 hours in 7 consecutive days or 70 hours in 8 consecutive days.

[76 FR 81188, Dec. 27, 2011]

Amendment history

11 distinct wordings on file since Oct. 1, 1996
  1. [76 FR 81188, Dec. 27, 2011, as amended at 78 FR 58485, Sept. 24, 2013; 78 FR 64181, Oct. 28, 2013; 84 FR 48081, Sept. 12, 2019; 85 FR 33452, June 1, 2020]
  2. [76 FR 81188, Dec. 27, 2011, as amended at 78 FR 58485, Sept. 24, 2013; 78 FR 64181, Oct. 28, 2013; 84 FR 48081, Sept. 12, 2019]
  3. [76 FR 81188, Dec. 27, 2011, as amended at 78 FR 58485, Sept. 24, 2013; 78 FR 64181, Oct. 28, 2013; 84 FR 48081, Sept. 12, 2019]
  4. [76 FR 81188, Dec. 27, 2011, as amended at 78 FR 58485, Sept. 24, 2013; 78 FR 64181, Oct. 28, 2013]
  5. [76 FR 81188, Dec. 27, 2011, as amended at 78 FR 58485, Sept. 24, 2013]
  6. [76 FR 81188, Dec. 27, 2011]
  7. [70 FR 50073, Aug. 25, 2005, as amended at 72 FR 71270, Dec. 17, 2007]
  8. [70 FR 50073, Aug. 25, 2005]
  9. [68 FR 22516, Apr. 28, 2003]
  10. [57 FR 33649, July 30, 1992, as amended at 60 FR 38748, July 28, 1995]
  11. Oct. 1, 1996 → Oct. 1, 2001annual editions 1996–2000
    [57 FR 33649, July 30, 1992, as amended at 60 FR 38748, July 28, 1995]

A new entry appears whenever the regulatory words change between government snapshots. Day-precise from the eCFR (2017 onward); before that, one snapshot per annual CFR edition (revised as of October 1). Bracketed citations are the Federal Register history printed with the section.