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Comparison of old and new Hours of Service Final Rules

Comparison to Prior Rule

Limitations on minimum "34-hour restarts"None(1) Must include two periods from 1 a.m. to 5 a.m., home terminal time.(2) May only be used once per week, 168 hours, measured from the beginning of the previous restart.
Rest breaksNone except as limited by other rule provisions.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 for hazardous materials may be included in break if no other duties performed]
On-duty timeIncludes any time in CMV except sleeper-berth.Does not include any time resting in a parked vehicle (also applies to passenger-carrying drivers). In a moving property-carrying CMV, does not include up to 2 hours in passenger seat immediately before or after 8 consecutive hours in sleeper berth.
Penalties"Egregious" hours of service violations not specifically defined.Driving (or allowing a driver to drive) more than 3 hours beyond the driving-time limit may be considered an egregious violation and subject to the maximum civil penalties. Also applies to passenger-carrying drivers.
Oilfield exemption"Waiting time" for certain drivers at oilfields (which is off-duty but does extend 14-hour duty period) must be recorded and available to FMCSA, but no method or details are specified for the recordkeeping.“Waiting time” for certain drivers at oilfields must be shown on logbook or electronic equivalent as off-duty and identified by annotations in “remarks” or a separate line added to “grid.”

FMCSA-ADO-13-006C Revised October 2013

Updated: Thursday, March 27, 2014