Hours of Service for Property-Carrying Drivers are the FMCSA rules in 49 CFR Part 395 that limit how long truck drivers may drive and stay on duty before they must rest. They set daily driving and duty windows, required breaks, weekly limits and the records drivers must keep to prove compliance. The goal is to keep fatigued drivers off the road and protect drivers and the public from fatigue-related crashes.
Hours of service (HOS) violations are a frequent roadside inspection finding and can put a driver out of service on the spot. Motor carriers share responsibility: a carrier may not require or permit a driver to drive in violation of the limits, and it must keep and review drivers' records.
What Is 49 CFR Part 395?
49 CFR Part 395, Hours of Service of Drivers, has two subparts. Subpart A sets the limits, exceptions and recordkeeping duties. Subpart B sets the technical standards for electronic logging devices (ELDs), covered separately in our page on electronic logging devices. The property-carrying limits are in 395.3. Passenger-carrying drivers follow different limits in 395.5.
Key definitions (395.2)
- Driving time: all time spent at the driving controls of a commercial motor vehicle in operation.
- On-duty time: all time from when a driver begins work, or must be ready to work, until relieved of all responsibility. It includes driving, waiting to be dispatched at a carrier facility, inspecting and servicing the vehicle, loading and unloading, and paid work for any other employer.
The current property-carrying rules reflect the last major HOS revisions, which FMCSA published in June 2020 and which took effect September 29, 2020.
Who Must Comply?
Part 395 applies to drivers of commercial motor vehicles in interstate commerce, and to their motor carriers. That includes vehicles rated at 10,001 pounds or more, so many non-CDL drivers are covered. Intrastate drivers follow their state's HOS rules, which are often based on the federal rules but may allow longer hours.
Notable exceptions (395.1)
- 150 air-mile short-haul: drivers who stay within 150 air miles (172.6 statute miles) of their normal work reporting location and are released within 14 consecutive hours are exempt from keeping logs. The carrier must keep time records for 6 months instead.
- Non-CDL short-haul: drivers of vehicles that do not require a CDL, operating within 150 air miles and returning each day, may drive until the 14th hour on 5 days and the 16th hour on 2 days of any 7 consecutive days.
- Agricultural operations: during state-defined planting and harvest periods, Part 395 does not apply within 150 air miles of the source of agricultural commodities and some farm supplies.
- Other exceptions: driver-salespersons, oilfield operations, retail store holiday deliveries from December 10 to 25 within 100 air miles, and emergency relief under an emergency declaration.
Key Requirements
The daily limits (395.3(a))
- 10 hours off before starting: a driver may not drive without first taking 10 consecutive hours off duty.
- 14-hour window: a driver may not drive after the 14th consecutive hour after coming on duty following 10 hours off. Off-duty breaks during the day do not extend the window.
- 11-hour driving limit: a driver may drive a total of 11 hours within the 14-hour window.
- 30-minute break: a driver may not drive after 8 cumulative hours of driving without at least a 30-minute consecutive interruption. Off duty, sleeper berth or on-duty not driving time all count.
The weekly limits (395.3(b) and (c))
A driver may not drive after 60 hours on duty in 7 consecutive days if the carrier does not operate every day, or after 70 hours on duty in 8 consecutive days if it does. A driver may restart the 7- or 8-day period by taking 34 or more consecutive hours off duty.
Sleeper berth provision (395.1(g))
Drivers using a sleeper berth may split the 10-hour off-duty period into two periods, one of at least 7 consecutive hours in the sleeper berth and the other at least 2 hours off duty or in the berth, totaling at least 10 hours. When paired this way, neither period counts against the 14-hour window. The common splits are 7/3 and 8/2.
Adverse driving conditions (395.1(b))
When a driver meets unexpected adverse conditions such as snow, fog or an unforeseen road closure, the 11-hour driving limit and the 14-hour window may each be extended by up to 2 hours.
16-hour short-haul exception (395.1(o))
Once every 7 days, or after a 34-hour restart, a driver who has returned to the work reporting location and been released at the end of the previous 5 duty tours may extend the 14-hour window to 16 hours on a day the driver returns to the same location.
Records of Duty Status and Retention
Under 395.8, most drivers must record their duty status with an electronic logging device. Paper logs are allowed only for drivers who keep logs on no more than 8 days in any 30-day period, certain driveaway-towaway operations and vehicles manufactured before model year 2000. Key recordkeeping rules:
- Driver submission: drivers must submit records of duty status to the carrier within 13 days.
- Driver copies: drivers must have records for the current day and the previous 7 consecutive days available for inspection.
- Carrier retention: carriers must keep records of duty status and supporting documents for at least 6 months.
- Short-haul time records: carriers using the 150 air-mile exception must keep time records showing start time, release time and total hours for 6 months.
A driver who cannot produce current records at a roadside inspection may be placed out of service under 395.13.
Common Violations and Penalties
- Driving beyond the 11-hour limit or after the 14th hour
- Exceeding the 60- or 70-hour limit without a valid restart
- Missing the 30-minute break
- False or incomplete records of duty status, including unassigned driving time on an ELD
- Misusing the short-haul exception after a driver goes beyond 150 air miles or 14 hours
- Failing to keep supporting documents for 6 months
HOS violations can lead to out-of-service orders, civil penalties for drivers and carriers, and poor scores in FMCSA's Hours-of-Service Compliance BASIC under the CSA program. Penalty maximums are adjusted for inflation each year. See FMCSA's hours of service page for the agency's current guidance.
Pilot Programs and Proposed Changes
FMCSA is studying more flexibility through pilot programs, including a flexible sleeper berth program that would allow splits such as 6/4 or 5/5 and a split duty period program that would allow drivers to pause the 14-hour window. In October 2026, FMCSA requested comment on data collection for the sleeper berth pilot. These pilots apply only to approved participants and do not change the rules for other drivers. Treat the current 395.3 and 395.1 limits as the rules in force unless FMCSA publishes a final rule.
How to Comply: Step by Step
- Classify each driver. Decide whether the driver uses the standard limits, a short-haul exception or another exception, and document why.
- Set the 60- or 70-hour schedule. Choose the cycle that matches your operation and configure ELDs accordingly.
- Train drivers and dispatchers. Cover the 11-hour, 14-hour, 30-minute and weekly limits, sleeper berth rules and adverse conditions.
- Plan realistic dispatches. Build loading time, traffic and breaks into routes so drivers are not pushed past the limits.
- Review logs regularly. Check for violations, unassigned driving and form and manner errors, and compare logs with fuel receipts, bills of lading and other supporting documents.
- Correct and coach. Assign corrective actions when violations appear and track repeat issues by driver.
- Retain records for 6 months. Keep records of duty status, supporting documents and short-haul time records organized for audits.
How SMS360 Helps
The SMS360 DOT Compliance module gives fleet managers a central place to manage the policies, training records and reviews that support an HOS program. Teams can document driver training on the limits, record log audit findings, assign and track corrective actions and store supporting records for the 6-month retention period. Dashboards help spot recurring violations as a leading indicator of fatigue risk before they show up in roadside inspections or crashes.
Frequently Asked Questions
What is the 14-hour rule for truck drivers?
After coming on duty following 10 consecutive hours off, a property-carrying driver may not drive after the 14th consecutive hour. Breaks taken during the day do not extend the window, except qualifying sleeper berth periods. The driver may still do non-driving work after the 14th hour but may not drive until taking 10 hours off.
When is the 30-minute break required?
A driver must take at least 30 consecutive minutes away from driving after 8 cumulative hours of driving. The break can be off duty, in the sleeper berth or on duty not driving, such as fueling or loading. Drivers using the short-haul exceptions in 395.1(e) are not subject to the break requirement.
How does the 34-hour restart work?
A driver who takes 34 or more consecutive hours off duty may start a new 7- or 8-day period, resetting the 60- or 70-hour clock to zero. The restart is optional and can be used to recover available hours after a busy week.
How long must carriers keep HOS records?
Carriers must keep records of duty status and supporting documents for at least 6 months from receipt. Drivers must be able to show records for the current day and previous 7 days during inspections. Short-haul drivers' time records must also be kept for 6 months.
