Hours of Service (HoS) Rules And Regulations (2024 Guide)

The FMCSA has a robust set of rules concerning Hours of Service (HoS) for commercial drivers and their vehicles. These rules go hand-in-hand with electronic logging devices (ELDs), which are a primary way in which hours and vehicle operations are logged.

HoS Law Basics

“Hours of service” which is more commonly referred to as, “HoS” is the number of hours a driver is allowed to be on duty during a given time. This period includes the total length of time, the total driving time, the number of rests, and the length of those rest periods. These rules are in place to ensure that drivers are alert and driving safely during their working hours, despite any pressure to driver further, faster, or longer.

HoS rules are federal laws and are housed in the Code of Federal Regulations (CFR) Title 49 CFR 395, “Hours of Service Drivers”.

Importantly, there are two types of situations: drivers who carry property (stuff) and drivers who carry people.

How Are Hours Recorded?

While commercial vehicles can be outfitted with recording devices — ELDs — such electronic devices will not be able to record, say, the driver’s sleeping hours. Most states have guidelines for how these logs can be recorded, for example New Jersey stipulates that a driver’s log must be written in their own handwriting and done alongside their signature. These logs have to include driving hours, on-duty non-driving time, time in the sleeper berth, and other activities related to both driving and non-driving activities.

Paper logs are required in some areas, but also can be important if an ELD is to break or in someway malfunction.

Rules For Driving Property

The FMCSA rules that apply to property carriers include:

• 11-Hour Driving Limit
  • A driver may drive a maximum of 11 hours after 10 consecutive hours off-duty.
• 14-Hour Limit
  • A driver may not drive beyond 14th consecutive hours after coming on duty, following 10 consecutive hours off-duty. Off-duty time does not extend the 14-hour period.
• 30-Minute Driving Break
  • Drivers must take a 30-minute break after driving for 8 cumulative hours (without at least a 30-minute interruption). The break period must be 30 consecutive minutes without driving (i.e., on-duty not driving, off-duty, sleeper berth).
• 60/70-Hour Limit
  • A driver may not drive after 60/70 hours on duty in 7/8 consecutive days. A driver may restart a 7/8 consecutive day period after taking 34 or more consecutive hours off from driving.
• Sleeper Berth Provision
  • Drivers may split their required 10-hour off-duty period, as long as one off-duty period (whether in or out of the sleeper berth) is at least 2 hours long and the other involves at least 7 consecutive hours spent in the sleeper berth. All sleeper berth pairings must add up to at least 10 hours. When used together, neither time period counts against the maximum 14- hour driving window.
• Adverse Driving Conditions
  • Drivers are allowed to extend the 11-hour maximum driving limit and 14-hour driving window by up to 2 hours when adverse driving conditions are encountered.
• Short-Haul Exception
  • A driver is exempt from the requirements of §395.8 and §395.11 if:
    • the driver operates within a 150 air-mile radius of the normal work reporting location, and the driver does not exceed a maximum duty period of 14 hours.
    • Drivers using the short-haul exception in §395.1(e)(1) must report and return to the normal work reporting location within 14 consecutive hours, and stay within a 150 air-mile radius of the work reporting location.

Rules For Driving People

The rules that apply to people carriers include:

• 10-Hour Driving Limit
  • A driver may drive a maximum of 10 hours after 8 consecutive hours off-duty.
• 15-Hour Limit
  • A driver may not drive after having been on duty for 15 hours, following 8 consecutive hours off-duty. Off-duty time is not included in the 15-hour period.
• 60/70-Hour Limit
  • A driver may not drive after 60/70 hours on duty in 7/8 consecutive days.
• Sleeper Berth Provision
  • Drivers who use a sleep berth must take at least 8 hours in the berth, and may split the sleeper berth time into two periods provided neither is less than 2 hours.
  • All sleeper berth pairings MUST add up to at least 8 hours.
• Adverse Driving Conditions
  • Drivers are allowed to extend the 10-hour maximum driving time and 15-hour on-duty limit by up to 2 hours when adverse driving conditions are encountered.
• Short-Haul Exception
  • A driver is exempt from the requirements of §395.8 and §395.11 if: the driver operates within a 150 air-mile radius of the normal work reporting location, and the driver does not exceed a maximum duty period of 14 hours. Drivers using the short-haul exception in §395.1(e)(1) must report and return to the normal work reporting location within 14 consecutive hours, and stay within a 150 air-mile radius of the work reporting location.

Keep in mind that these aren’t simply the ELD rules, these are the rules for commercial driving, which apply whether an ELD is used or paper logs are used! The ELD is simply a tool that will accurately record and remind drivers about their adherence to these rules.