Who Must Comply?
 

Most drivers must follow the HOS Regulations if they drive a commercial motor vehicle, or CMV.

In general, a CMV is a vehicle that is used as part of a business and is involved in interstate commerce and fits any of these descriptions:

  • Weighs 10,001 pounds or more
  • Has a gross vehicle weight rating or gross combination weight rating of 10,001 pounds or more
  • Is designed or used to transport 16 or more passengers (including the driver) not for compensation
  • Is designed or used to transport 9 or more passengers (including the driver) for compensation
  • Is transporting hazardous materials in a quantity requiring placards

Hours of Service

  • 11-Hour Driving Limit
    May drive a maximum of 11 hours after 10 consecutive hours off duty.
  • 14-Hour Limit
    May not drive beyond the 14th consecutive hour after coming on duty, following 10 consecutive hours off duty. Off-duty time does not extend the 14-hour period.
  • Rest Breaks
    May drive only if 8 hours or less have passed since end of driver’s last off-duty or sleeper berth period of at least 30 minutes. Does not apply to drivers using either of the short-haul exceptions in 395.1(e). [49 CFR 397.5 mandatory “in attendance” time may be included in break if no other duties performed]
  • 60/70-Hour Limit
    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 duty. 
  • Sleeper Berth Provision
    Drivers using the sleeper berth provision must take at least 8 consecutive hours in the sleeper berth, plus a separate 2 consecutive hours either in the sleeper berth, off duty, or any combination of the two.

What is Personal Conveyance?

Personal conveyance is the movement of a commercial motor vehicle (CMV) for personal use while off duty. A driver may record time operating a CMV for personal conveyance as off-duty only when the driver is relieved from work and all responsibility for performing work by the motor carrier.

Correct Usage of Personal Conveyance

  1. Time spent traveling from a driver’s en route lodging (such as a motel or truck stop) to restaurants and entertainment facilities.
  2. Commuting between the driver’s terminal and his or her residence, between trailer-drop lots and the driver’s residence, and between work sites and his or her residence. In these scenarios, the commuting distance combined with the release from work and start to work times must allow the driver enough time to obtain the required restorative rest as to ensure the driver is not fatigued. 
  3. Time spent traveling to a nearby, reasonable, safe location to obtain required rest after loading or unloading. The time driving under personal conveyance must allow the driver adequate time to obtain the required rest in accordance with minimum off-duty periods under 49 CFR 395.3(a)(1) (property-carrying vehicles) or 395.5(a) (passenger-carrying vehicles) before returning to on-duty driving, and the resting location must be the first such location reasonably available.
  4. Moving a CMV at the request of a safety official during the driver’s off-duty time
  5. Time spent traveling in a motorcoach without passengers to en route lodging (such as motel or truck stop), or to restaurants and entertainment facilities and back to the lodging. In this scenario, the driver of the motorcoach can claim personal conveyance provided the driver is off-duty. Other off-duty drivers may be on board the vehicle, and are not considered passengers.
  6. Time spent transporting personal property while off-duty.
  7. Authorized use of a CMV to travel home after working at an offsite location. 

Improper Usage of Personal Conveyance

  1. The movement of a CMV in order to enhance the operational readiness of a motor carrier. For example, bypassing available resting locations in order to get closer to the next loading or unloading point or other scheduled motor carrier destination.
  2. After delivering a towed unit, and the towing unit no longer meets the definition of a CMV, the driver returns to the point of origin under the direction of the motor carrier to pick up another towed unit.
  3. Continuation of a CMV trip in interstate commerce in order to fulfill a business purpose, including bobtailing or operating with an empty trailer in order to retrieve another load or repositioning a CMV (tractor or trailer) at the direction of the motor carrier.
  4. Time spent driving a passenger-carrying CMV while passenger(s) are on board. Off-duty drivers are not considered passengers when traveling to a common destination of their own choice within the scope of this guidance.  
  5. Time spent transporting a CMV to a facility to have vehicle maintenance performed.
  6. After being placed out of service for exceeding the maximum periods permitted under part 395, time spent driving to a location to obtain required rest, unless so directed by an enforcement officer at the scene.
  7. Time spent traveling to a motor carrier’s terminal after loading or unloading from a shipper or a receiver.
  8. Time spent operating a motorcoach when luggage is stowed, the passengers have disembarked and the driver has been directed to deliver the luggage.

How Do I Use Sleeper Berth?

1. The driver can spend their 10 consecutive hours of off-duty time in their sleeper berth.
The important thing here is that the driver does not go on duty or drive during any of these 10 hours. At the end of the 10 consecutive off-duty hours, the driver’s 11-hour driving and 14-hour on-duty limits completely restart.

2. The driver can use the sleeper berth to extend their 14-hour on-duty period.
As long as the driver spends at least 8 consecutive hours in the sleeper berth, this time does not count  towards their 14 hours of on-duty time. This ultimately allows the driver to extend the time in which they can use their 11 hours of driving time.

3. The driver can use the sleeper berth to get the equivalent of at least 10 consecutive hours off duty. This is also known as the ‘split sleeper berth’ provision.
To take advantage of this provision, a driver must spend at least 8 consecutive hours (but less than 10) in their sleeper berth. This rest period will not count as part of their 14 on-duty hours. The driver can then take a second, separate rest period of at least 2 consecutive hours (but less than 10). This period of time can be spent in the sleeper berth, off duty, or sleeper berth and off duty combined. This second break does count as part of the driver’s 14 on-duty hours. 

It doesn’t matter which rest period the driver takes first – the longer one or the shorter one. After the driver completes their second rest period, their 14 on-duty hours are calculated (starting from 0) from the end of the first break.

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