In this article:
- What are hours of service, and who do they cover?
- The DOT hours of service limits for truck drivers
- A worked example: one property-carrying shift
- The exceptions, with their conditions
- How hours of service are recorded: ELDs and paper logs
- What's changing, and what isn't
- Common HOS mistakes that become violations
- Where fleet programs fit
Hours of service (HOS) rules are the federal limits on how long a commercial driver may drive and work. As of October 2026, 49 CFR 395.3 lets a property-carrying driver drive 11 hours, only within a 14-hour window that starts after 10 hours off duty, with a 30-minute break after 8 hours of driving and a 60-hour/7-day or 70-hour/8-day cap.
The limits at a glance (property carriers):
- 10 consecutive hours off duty before driving
- No driving after the 14th consecutive hour after coming on duty
- 11 hours of driving inside that window
- A 30-minute break after 8 hours of driving
- 60 hours on duty in 7 days, or 70 in 8, with a 34-hour restart
The sections below cover each limit, the exceptions with their conditions, a worked example day, and what is and isn't changing.
What are hours of service, and who do they cover?
The DOT hours of service rules sit in Part 395 of the Federal Motor Carrier Safety Regulations. They apply to motor carriers and drivers of commercial motor vehicles (CMVs), except where 395.1 makes an exception (49 CFR 395.1(a)). The limits bind both sides: the regulation says no motor carrier shall "permit or require" a driver to break them, and no driver shall drive past them (49 CFR 395.3).
Drivers record time in four duty statuses: off duty, sleeper berth, driving, and on-duty not driving (49 CFR 395.8). Two definitions in 49 CFR 395.2 decide most disputes:
- Driving time is "all time spent at the driving controls of a commercial motor vehicle in operation."
- On-duty time runs from when a driver begins work, or must be ready to work, until the driver is relieved of all work. It includes waiting to be dispatched at a carrier or shipper facility, and "all time inspecting, servicing, or conditioning any commercial motor vehicle at any time." Pre-trip and post-trip inspections are on duty.
The DOT hours of service limits for truck drivers
All of these are in force as of October 2026. The current text of 395.3 was last amended at 85 FR 33452 (June 1, 2020).
| Limit | Property-carrying driver (395.3) | Passenger-carrying driver (395.5) |
|---|---|---|
| Off duty before driving | 10 consecutive hours | 8 consecutive hours |
| Driving limit | 11 hours in the 14-hour window | 10 hours after 8 off |
| Duty window / on-duty limit | No driving after 14 consecutive hours after coming on duty | No driving after 15 hours on duty |
| Break | 30 consecutive minutes after 8 hours of driving | Not in 395.5 |
| Weekly | 60 h / 7 days or 70 h / 8 days | 60 h / 7 days or 70 h / 8 days |
| Restart | 34 consecutive hours off resets the 7/8-day period | Not in 395.5 |
The 14-hour window is a clock, not a bank. It runs straight through on-duty time, off-duty time and breaks. For most drivers, only qualifying sleeper berth periods (below) pause it.
The 30-minute break can be spent off duty, in the sleeper berth, or on-duty not driving, or a mix of these, as long as it's 30 consecutive minutes out of driving status (395.3(a)(3)(ii)). Fueling or waiting at a dock can count.
60 or 70? A carrier that does not run CMVs every day of the week uses 60/7. A carrier that runs every day uses 70/8.
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A worked example: one property-carrying shift
Illustration only. A driver comes on duty at 6:00 a.m. after 10 hours off.
| Time | Status | What the clocks say |
|---|---|---|
| 6:00–6:30 | On-duty not driving (pre-trip inspection) | 14-hour window started at 6:00; it closes at 8:00 p.m. |
| 6:30–2:30 | Driving | 8 hours of driving. A 30-minute break is now required before more driving |
| 2:30–3:00 | On-duty not driving (fueling) | Break satisfied: 30 consecutive minutes not driving |
| 3:00–6:00 | Driving | 11 hours of driving used. No more driving today, even though the window runs to 8:00 |
| 6:00–6:30 | On-duty not driving (post-trip, paperwork) | On-duty work after the driving limit is allowed |
| 6:30 p.m. | Off duty | Earliest next driving: 4:30 a.m., after 10 consecutive hours off |
That day used 12.5 hours of on-duty time. On a 70-hour/8-day schedule, five days like it total 62.5 hours, so the driver would reach 70 hours 7.5 hours into a sixth day, unless a 34-hour restart came first.
The exceptions, with their conditions
Each exception has conditions. Miss one and the standard limits apply. All are in 49 CFR 395.1 as of October 2026.
| Exception | What it allows | Conditions |
|---|---|---|
| Adverse driving conditions, 395.1(b)(1) | Up to 2 extra hours beyond the 395.3(a) or 395.5(a) maximums | Snow, ice, sleet, fog, other adverse weather, or unusual road or traffic conditions not known (or not reasonably knowable) before the duty day or dispatch (395.2 definition). Only to finish the run or reach a safe place |
| Emergency conditions, 395.1(b)(2) | Complete the run | Only if the run reasonably could have been completed absent the emergency |
| Short-haul, 150 air-mile, 395.1(e)(1) | Exempt from records of duty status, including the ELD requirement (395.8), and supporting documents (395.11). Also exempt from the 30-minute break (395.3(a)(3)(ii)) | Stays within 150 air miles (172.6 statute miles) of the normal work reporting location; returns and is released within 14 consecutive hours; 10 hours off between shifts (8 for passenger); carrier keeps time records for 6 months |
| Non-CDL short-haul, 395.1(e)(2) | Exempt from the 14-hour rule, 395.8, 395.11 and the 30-minute break; can't also use the 150 air-mile, sleeper berth or 16-hour exceptions | Vehicle doesn't require a CDL; 150 air-mile radius; returns each day; no driving after the 14th hour on 5 days of any 7, or after the 16th hour on 2 days of any 7; 6 months of time records |
| 16-hour property exception, 395.1(o) | Release within 16 hours instead of 14, once | Driver was released at the normal work reporting location for the previous 5 duty tours; is released there within 16 hours; hasn't used it in the previous 6 consecutive days unless after a 34-hour restart |
| Sleeper berth split, 395.1(g)(1) | Split the 10-hour off-duty period in two | Neither period under 2 hours; one at least 7 consecutive hours in the sleeper berth; total at least 10 hours. Qualifying periods don't count against the 14-hour window |
| Agricultural, 395.1(k) | Part 395 doesn't apply | During planting and harvesting periods set by each State, within the 150 air-mile radii defined for agricultural commodities, farm supplies and livestock |
The sleeper berth rule also allows up to 3 hours riding in the passenger seat of a moving truck, right before or after at least 7 consecutive sleeper berth hours, to make up 10 hours (395.1(g)(1)(i)(D)). For the full comparison, see our guide to off duty vs sleeper berth.
Other exceptions in 395.1 cover narrower groups, including oilfield operations, driver-salespersons, retail deliveries December 10–25, Alaska, Hawaii, construction, ground water well drilling, utility service vehicles, motion picture production, bees and livestock (30-minute break only), hi-rail vehicles and pipeline welding trucks. Read the paragraph that applies to you in full.
Personal conveyance is guidance, not a 395.1 exception. FMCSA's 2018 guidance lets a driver log personal use of a CMV as off duty when relieved of all work (83 FR 26377). The full list of allowed and disallowed moves is in our personal conveyance guide.
How hours of service are recorded: ELDs and paper logs
As of October 2026, 49 CFR 395.8(a)(1) requires carriers to have drivers use an electronic logging device (ELD). Paper records of duty status remain allowed for drivers who need a record on no more than 8 days in any 30-day period, for certain driveaway-towaway operations, and for vehicles made before model year 2000 (395.8).
Other recordkeeping points, all from 395.8 and 395.22:
- Drivers submit records of duty status within 13 days.
- Carriers keep records of duty status and supporting documents for 6 months.
- Drivers keep a copy of their records for the previous 7 consecutive days in their possession while on duty.
- Since July 22, 2026, the ELD user's manual no longer has to be in the cab. The data-transfer instruction sheet, the malfunction instruction sheet and 8 days of blank paper graph-grids still do (91 FR 37050; 395.22).
HOS is one of the most cited driver out-of-service reasons at the roadside. In CVSA's 2026 International Roadcheck (May 12–14, 2026), hours of service accounted for 929 driver out-of-service violations, 23.4% of the total, second only to not having a medical card (CVSA, Aug. 25, 2026).
What's changing, and what isn't
| Item | Status as of October 2026 | Source |
|---|---|---|
| The 11/14/30-minute/60-70 limits | In force, unchanged since the 2020 rule | 395.3; 85 FR 33452 |
| Pilot to pause the 14-hour window for 30 minutes to 3 hours | Proposed pilot, about 256 drivers, property carriers only. Data-collection notice published Oct. 6, 2026; no launch notice found | 90 FR 44872; 91 FR 63640 |
| Pilot for more flexible sleeper berth splits | Proposed pilot, about 256 drivers | 90 FR 44790 |
| ELD user's manual in the cab | Final rule, effective July 22, 2026 | 91 FR 37050 |
There is no "new 14-hour rule" in force. Our post on the new 14-hour rule for truck drivers tracks the pilot.
Common HOS mistakes that become violations
- Treating the 14 hours as on-duty hours. Off-duty time inside the window still burns the clock unless it is a qualifying sleeper berth split.
- Logging inspection time as off duty. Inspecting, servicing or conditioning a CMV is on-duty time by definition (395.2).
- Using personal conveyance to pass up available rest spots and get closer to the next load. FMCSA's guidance says that doesn't qualify.
- Dispatching loads that only work if the driver breaks the limits. A carrier may not "permit or require" it (395.3), and 49 CFR 390.6 bars coercing a driver to violate the HOS rules.
Where fleet programs fit
The regulation sets the floor. Some fleets also recognize drivers who treat compliance as part of the job.
Off Duty Not Driving Rewards is a rewards program for trucking fleets. Contact our team to learn more.
This article is general information, not legal advice. Confirm requirements against the current regulation text and with your compliance counsel.
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