Hours of Service (FMCSR Part 395)

General Information
< Previous Section Next Section >

As an owner of commercial motor vehicles, you have a lot of responsibility as you or your drivers drive down the road. The biggest concern is safety.  This brings us to the main reason for the hours-of-service regulations – to keep fatigued drivers off the public roadways.  These regulations put limits in place for when and how long drivers may drive, to ensure that they stay awake and alert while driving, to prevent the possibility of accidents caused by driver fatigue.

A driver must have and maintain a logbook, or have detailed time records such as time cards maintained at the principle place of business.  This rule also applies to owner-operators.

Property Carrier HOS Rules:

Any driver operating a property-carrying commercial motor vehicle may not:

  1. Accumulate more than 11 cumulative hours of driving time, following 10 consecutive hours off-duty and,  
  2. May not drive after having been on duty for 14 hours.

No motor carrier shall permit any driver to operate a property-carrying commercial motor vehicle after:

  1. Having been on-duty 60 hours in any period of 7 consecutive days  or,
  2. Having been on-duty 70 hours in any period of 8 consecutive days

The Short-Haul Operation exempts drivers of commercial motor vehicles from the requirement to maintain a logbook provided that they:

  1. operate within a 100 air-mile radius of the normal work reporting location (click here to find the radius from your location),
  2. return to the work reporting location and are released from work within 12 consecutive hours, and
  3. have at least 10 consecutive hours off-duty separating each 12 hours on duty.

The Short-Haul Operation exempts drivers of commercial motor vehicles which do not require a CDL to operate from the requirement to maintain a logbook provided that they:

  1. ​operate within a 150 air mile radius of their normal work reporting location (click here to find the radius from your location),
  2. drive a maximum of 11 hours after coming on-duty following 10 or more consecutive hours off-duty,
  3. do not drive after the 14th hour after coming on-duty 5 days a week or,
  4. do not drive after the 16th hour after coming on duty 2 days a week.

To claim either short haul exemption, employers must retain accurate time records for a period of six months showing the time the duty period began, ended and total hours on-duty each day in place of logbooks.

Passenger Carrier HOS Rules:

Drivers of passenger-carrying commercial motor vehicles, may not drive:

  1. more than 10 hours following 8 consecutive hours off duty or,
  2. After having been on duty for 15 hours

No motor carrier shall permit any driver to operate a passenger-carrying commercial motor vehicle after:

  1. Having been on-duty 60 hours in any period of 7 consecutive days  or,
  2. Having been on-duty 70 hours in any period of 8 consecutive days

Related Federal Regulations

The hours of service rules apply to all driver's of commercial motor vehicles. However, many exemptions from all or part of this regulation exist and are outlned in Part 395.1 of the FMCSRs.

Log Book Requirements and Retention (FMCSR Part 395.8)

Property Carrier Hours of Service Rules (FMCSR Part 395.3)

Passenger Carrier Hours of Service Rules (FMCSR Part 395.5)

Intrastate Commerce Exemptions

Colorado Adoptions (42-4-235(4)(a) C.R.S.)
Applys only to carriers operating within Colorado (intrastate commerce)

Part 395 has been adopted for intrastate carriers with the following modifications:

  1. Public transit agency carriers and their drivers operating in intrastate commerce may also meet the requirement in 395.1 (e) (1) (ii) if the driver is released from work within 12 consecutive hours.
  2. 395.3 or 395.5 shall not apply to drivers of either Colorado governmental or tow trucks working an emergency, as defined in 390.
  3. 395.3 shall not apply to tow drivers who are towing a vehicle from public roadway at the request of a police officer or other law enforcement purpose.
  4. Drivers transporting livestock, poultry, slaughtered animals or the grain, corn, feed, hay etc. used to feed animals are eligible to use the agricultural operations exception in 395.1 (k).
  5. 395.1 (k) - the planting and harvesting seasons are from January 1 to December 31.”

Related Forms and Publications

 

Quick Links to Other Pages

Introduction

General Regulations

Insurance Requirements

Driver Qualifications

Commercial Driver's License

Controlled Substance and Alcohol Testing

Hours of Service

Driving of Commercial Motor Vehicles

Vehicle Maintenance