§395.1 Scope of rules in this part.
(a) General.
(1) The rules in this part apply to all
motor carriers and drivers, except as provided in paragraphs (b) through (q) of
this section.
(a)(2) The exceptions from Federal
requirements contained in paragraphs (l) and (m) of this section do not preempt
State laws and regulations governing the safe operation of commercial motor
vehicles.
(b) Adverse driving conditions.
(1) Except as provided in paragraph
(h)(2) of this section, a driver who encounters adverse driving conditions, as
defined in §395.2, and cannot, because of those conditions, safely complete the
run within the maximum driving time permitted by §§395.3(a) or 395.5(a) may
drive and be permitted or required to drive a commercial motor vehicle for not
more than 2 additional hours in order to complete that run or to reach a place
offering safety for the occupants of the commercial motor vehicle and security
for the commercial motor vehicle and its cargo. However, that driver may not
drive or be permitted to drive—
(b)(1)(i) For more than 13 hours in the
aggregate following 10 consecutive hours off duty for drivers of
property-carrying commercial motor vehicles;
(b)(1)(ii) After the end of the 14th hour
since coming on duty following 10 consecutive hours off duty for drivers of
property-carrying commercial motor vehicles;
(b)(1)(iii) For more than 12 hours in the
aggregate following 8 consecutive hours off duty for drivers of
passenger-carrying commercial motor vehicles; or
(b)(1)(iv) After he/she has been on duty 15
hours following 8 consecutive hours off duty for drivers of passenger-carrying
commercial motor vehicles.
(b)
(2)
Emergency conditions.
In case of any emergency, a driver may complete his/her run without being in
violation of the provisions of the regulations in this part, if such run
reasonably could have been completed absent the emergency.
(c) Driver-salesperson. The
provisions of §395.3(b) shall not apply to any driver-salesperson whose total
driving time does not exceed 40 hours in any period of 7 consecutive
days.
(d) Oilfield operations.
(1) In the instance of drivers of
commercial motor vehicles used exclusively in the transportation of oilfield
equipment, including the stringing and picking up of pipe used in pipelines,
and servicing of the field operations of the natural gas and oil industry, any
period of 8 consecutive days may end with the beginning of any off-duty period
of 24 or more successive hours.
(d)(2) In the case of specially trained
drivers of commercial motor vehicles which are specially constructed to service
oil wells, on-duty time shall not include waiting time at a natural gas or oil
well site;
provided,
that all such time shall be fully and accurately accounted for in records to be
maintained by the motor carrier. Such records shall be made available upon
request of the Federal Motor Carrier Safety Administration.
(e) Short-haul operations
(e)(1)
100 air-mile radius driver.
A driver is exempt from the requirements of Section 395.8 if:
(e)(1)(i) The driver operates within a 100
air-mile radius of the normal work reporting location;
(e)(1)(ii) The driver, except a
driver-salesperson, returns to the work reporting location and is released from
work within 12 consecutive hours;
(e)(1)(iii)(A) A property-carrying
commercial motor vehicle driver has at least 10 consecutive hours off duty
separating each 12 hours on duty;
(e)(1)(iii)(B) A passenger-carrying
commercial motor vehicle driver has at least 8 consecutive hours off duty
separating each 12 hours on duty;
(e)(1)(iv)(A) A property-carrying
commercial motor vehicle driver does not exceed 11 hours maximum driving time
following 10 consecutive hours off duty; or
(e)(1)(iv)(B) A passenger-carrying commercial
motor vehicle driver does not exceed 10 hours maximum driving time following 8
consecutive hours off duty; and
(e)(1)(v) The motor carrier that employs the
driver maintains and retains for a period of 6 months accurate and true time
records showing:
(e)(1)(v)(A) The time the driver reports for
duty each day;
(e)(1)(v)(B) The total number of hours the
driver is on duty each day;
(e)(1)(v)(C) The time the driver is released
from duty each day; and
(e)(1)(v)(D) The total time for the preceding
7 days in accordance with §395.8(j)(2) for drivers used for the first time or
intermittently.
(e)(2)
Operators of property-carrying commercial motor vehicles not requiring a
commercial driver’s license.
Except as provided in this paragraph, a driver is exempt from the requirements
of §395.3 and §395.8 and ineligible to use the provisions of §395.1(e)(1), (g)
and (o) if:
(e)(2)(i) The driver operates a
property-carrying commercial motor vehicle for which a commercial driver’s
license is not required under part 383 of this subchapter;
(e)(2)(ii) The driver operates within a 150
air-mile radius of the location where the driver reports to and is released
from work, i.e., the normal work reporting location;
(e)(2)(iii) The driver returns to the
normal work reporting location at the end of each duty tour;
(e)(2)(iv) The driver has at least 10
consecutive hours off duty separating each on-duty period;
(e)(2)(v) The driver does not drive more
than 11 hours following at least 10 consecutive hours off duty;
(e)(2)(vi) The driver does not
drive:
(e)(2)(vi)(A) After the 14th hour after
coming on duty on 5 days of any period of 7 consecutive days; and
(e)(2)(vi)(B) After the 16th hour after
coming on duty on 2 days of any period of 7 consecutive days;
(e)(2)(vii) The driver does not
drive:
(e)(2)(vii)(A) After having been on duty for
60 hours in 7 consecutive days if the employing motor carrier does not operate
commercial motor vehicles every day of the week;
(e)(2)(vii)(B) After having been on duty for
70 hours in 8 consecutive days if the employing motor carrier operates
commercial motor vehicles every day of the week;
(e)(2)(viii) Any period of 7 or 8
consecutive days may end with the beginning of any off-duty period of 34 or
more consecutive hours.
(e)(2)(ix) The motor carrier that employs
the driver maintains and retains for a period of 6 months accurate and true
time records showing:
(e)(2)(ix)(A) The time the driver reports for
duty each day;
(e)(2)(ix)(B) The total number of hours the
driver is on duty each day;
(e)(2)(ix)(C) The time the driver is released
from duty each day;
(e)(2)(ix)(D) The total time for the
preceding 7 days in accordance with §395.8(j)(2) for drivers used for the first
time or intermittently.
(f)
Retail store deliveries.
The provisions of §395.3 (a) and (b) shall not apply with respect to drivers of
commercial motor vehicles engaged solely in making local deliveries from retail
stores and/or retail catalog businesses to the ultimate consumer, when driving
solely within a 100-air mile radius of the driver’s work-reporting location,
during the period from December 10 to December 25, both inclusive, of each
year.
(g) Sleeper berths. (1)
Property-carrying commercial motor vehicle.— (i)
In General. A driver who operates a property-carrying commercial motor vehicle equipped
with a sleeper berth, as defined in §§395.2 and 393.76 of this
subchapter,
(g)(1)(i)(A) Must, before driving,
accumulate
(1)
At least 10 consecutive hours off duty;
(2)
At least 10 consecutive hours of sleeper-berth time;
(3)
A combination of consecutive sleeper-berth and off-duty time amounting to at
least 10 hours; or
(4)
The equivalent of at least 10 consecutive hours off duty if the driver does not
comply with paragraph (g)(1)(i)(A)(1), (2),
or
(3)
of this section;
(g)(1)(i)(B) May not drive more than 11 hours
following one of the 10-hour off-duty periods specified in paragraph
(g)(1)(i)(A)(1) through (4)
of this section; and
(g)(1)(i)(C) May not drive after the 14th
hour after coming on duty following one of the 10-hour off-duty periods
specified in paragraph (g)(1)(i)(A)(1)–(4)
of this section; and
(g)(1)(i)(D) Must exclude from the
calculation of the 14-hour limit any sleeper berth period of at least 8 but
less than 10 consecutive hours.
(g)(1)(ii)
Specific requirements.— The following rules apply in determining
compliance with paragraph (g)(1)(i) of this section:
(g)(1)(ii)(A) The term “equivalent of at
least 10 consecutive hours off duty” means a period of
(1)
At least 8 but less than 10 consecutive hours in a sleeper berth, and
(2)
A separate period of at least 2 but less than 10 consecutive hours either in
the sleeper berth or off duty, or any combination thereof.
(g)(1)(ii)(B) Calculation of the 11-hour
driving limit includes all driving time; compliance must be re-calculated from
the end of the first of the two periods used to comply with paragraph
(g)(1)(ii)(A) of this section.
(g)(1)(ii)(C) Calculation of the 14-hour
limit includes all time except any sleeper-berth period of at least 8 but less
than 10 consecutive hours; compliance must be re-calculated from the end of the
first of the two periods used to comply with the requirements of paragraph
(g)(1)(ii)(A) of this section.
(g)(2)
Specially trained driver of a specially constructed oil well servicing
commercial motor vehicle at a natural gas or oil well location.
A specially trained driver who operates a commercial motor vehicle specially
constructed to service natural gas or oil wells that is equipped with a sleeper
berth, as defined in §§395.2 and 393.76 of this subchapter, or who is off duty
at a natural gas or oil well location, may accumulate the equivalent of 10
consecutive hours off duty time by taking a combination of at least 10
consecutive hours of off-duty time, sleeper-berth time, or time in other
sleeping accommodations at a natural gas or oil well location; or by taking two
periods of rest in a sleeper berth, or other sleeping accommodation at a
natural gas or oil well location, providing:
(g)(2)(i) Neither rest period is shorter
than 2 hours;
(g)(2)(ii) The driving time in the period
immediately before and after each rest period, when added together, does not
exceed 11 hours;
(g)(2)(iii) The driver does not drive
after the 14th hour after coming on duty following 10 hours off duty, where the
14th hour is calculated:
(g)(2)(iii)(A) by excluding any sleeper berth
or other sleeping accommodation period of at least 2 hours which, when added to
a subsequent sleeper berth or other sleeping accommodation period, totals at
least 10 hours, and
(g)(2)(iii)(B) by including all on-duty time,
all off-duty time not spent in the sleeper berth or other sleeping
accommodations, all such periods of less than 2 hours, and any period not
described in paragraph (g)(2)(iii)(A) of this section; and
(g)(2)(iv) The driver may not return to
driving subject to the normal limits under §395.3 without taking at least 10
consecutive hours off duty, at least 10 consecutive hours in the sleeper berth
or other sleeping accommodations, or a combination of at least 10 consecutive
hours off duty, sleeper berth time, or time in other sleeping
accommodations.
(g)(3)
Passenger-carrying commercial motor vehicles.
A driver who is driving a passenger-carrying commercial motor vehicle that is
equipped with a sleeper berth, as defined in §§395.2 and 393.76 of this
subchapter, may accumulate the equivalent of 8 consecutive hours of off-duty
time by taking a combination of at least 8 consecutive hours off-duty and
sleeper berth time; or by taking two periods of rest in the sleeper berth,
providing:
(g)(3)(i) Neither rest period is shorter than two hours;
(g)(3)(ii) The driving time in the period immediately before and
after each rest period, when added together, does not exceed 10 hours;
(g)(3)(iii) The on-duty time in the period immediately before and
after each rest period, when added together, does not include any driving time
after the 15th hour; and
(g)(3)(iv) The driver may not return to driving subject to the
normal limits under § 395.5 without taking at least 8 consecutive hours off
duty, at least 8 consecutive hours in the sleeper berth, or a combination of at
least 8 consecutive hours off duty and sleeper berth time.
(h) State of Alaska. (1)
Property-carrying commercial motor vehicle. The provisions of
§395.3(a) and (b) do not apply to any driver who is driving a commercial motor
vehicle in the State of Alaska. A driver who is driving a property-carrying
commercial motor vehicle in the State of Alaska must not drive or be required
or permitted to drive—
(h)(1)(i) More than 15 hours following 10
consecutive hours off duty; or
(h)(1)(ii) After being on duty for 20 hours
or more following 10 consecutive hours off duty.
(h)(1)(iii) After having been on duty for
70 hours in any period of 7 consecutive days, if the motor carrier for which
the driver drives does not operate every day in the week; or
(h)(1)(iv) After having been on duty for 80
hours in any period of 8 consecutive days, if the motor carrier for which the
driver drives operates every day in the week.
(h)(2)
Passenger-carrying commercial motor vehicle.
The provisions of §395.5 do not apply to any driver who is driving a
passenger-carrying commercial motor vehicle in the State of Alaska. A driver
who is driving a passenger-carrying commercial motor vehicle in the State of
Alaska must not drive or be required or permitted to drive—
(h)(2)(i) More than 15 hours following 8
consecutive hours off duty;
(h)(2)(ii) After being on duty for 20 hours
or more following 8 consecutive hours off duty;
(h)(2)(iii) After having been on duty for
70 hours in any period of 7 consecutive days, if the motor carrier for which
the driver drives does not operate every day in the week; or
(h)(2)(iv) After having been on duty for 80
hours in any period of 8 consecutive days, if the motor carrier for which the
driver drives operates every day in the week.
(h)(3) A driver who is driving a commercial
motor vehicle in the State of Alaska and who encounters adverse driving
conditions (as defined in §395.2) may drive and be permitted or required to
drive a commercial motor vehicle for the period of time needed to complete the
run.
(h)(3)(i) After a property-carrying
commercial motor vehicle driver completes the run, that driver must be off duty
for at least 10 consecutive hours before he/she drives again; and
(h)(3)(ii) After a passenger-carrying
commercial motor vehicle driver completes the run, that driver must be off duty
for at least 8 consecutive hours before he/she drives again.
(i) State of Hawaii. The rules in §395.8 do not apply to a driver
who drives a commercial motor vehicle in the State of Hawaii, if the motor
carrier who employs the driver maintains and retains for a period of 6 months
accurate and true records showing—
(i)(1) The total number of hours the driver
is on duty each day; and
(i)(2) The time at which the driver reports
for, and is released from, duty each day.
(j) Travel time. (1)
When a property-carrying commercial motor vehicle driver at the direction of
the motor carrier is traveling, but not driving or assuming any other
responsibility to the carrier, such time must be counted as on-duty time unless
the driver is afforded at least 10 consecutive hours off duty when arriving at
destination, in which case he/she must be considered off duty for the entire
period.
(j)(2) When a passenger-carrying commercial
motor vehicle driver at the direction of the motor carrier is traveling, but
not driving or assuming any other responsibility to the carrier, such time must
be counted as on-duty time unless the driver is afforded at least 8 consecutive
hours off duty when arriving at destination, in which case he/she must be
considered off duty for the entire period.
(k) Agricultural operations.
The provisions of this part shall not apply to drivers transporting
agricultural commodities or farm supplies for agricultural purposes in a State
if such transportation:
(k)(1) Is limited to an area within a 100
air-mile radius from the source of the commodities or the distribution point
for the farm supplies, and
(k)(2) Is conducted (except in the case of
livestock feed transporters) during the planting and harvesting seasons within
such State, as determined by the State.
(l) Ground water well drilling operations. In the instance of a driver of a commercial motor vehicle
who is used primarily in the transportation and operations of a ground water
well drilling rig, any period of 7 or 8 consecutive days may end with the
beginning of any off-duty period of 24 or more successive hours.
(m) Construction materials and equipment. In the instance of a driver of a commercial motor vehicle who
is used primarily in the transportation of construction materials and
equipment, any period of 7 or 8 consecutive days may end with the beginning of
any off-duty period of 24 or more successive hours.
(n) Utility service vehicles.
The provisions of this part shall not apply to a driver of a utility service
vehicle as defined in §395.2
(o) Property-carrying driver.
A property-carrying driver is exempt from the requirements of § 395.3(a)(2)
if:
(o)(1) The driver has returned to the
driver’s normal work reporting location and the carrier released the driver
from duty at that location for the previous five duty tours the driver has
worked;
(o)(2) The driver has returned to the
normal work reporting location and the carrier releases the driver from duty
within 16 hours after coming on duty following 10 consecutive hours off duty;
and
(o)(3) The driver has not taken this
exemption within the previous 6 consecutive days, except when the driver has
begun a new 7- or 8-consecutive day period with the beginning of any off-duty
period of 34 or more consecutive hours as allowed by §395.3(c).
(p) Commercial motor vehicle transportation to or from a motion picture production site. A driver of
a commercial motor vehicle providing transportation of property or passengers
to or from a theatrical or television motion picture production site is exempt
from the requirements of §395.3(a) if the driver operates within a 100 air-mile
radius of the location where the driver reports to and is released from work,
i.e., the normal work-reporting location. With respect to the maximum daily
hours of service, such a driver may not drive—
(p) (1) More than 10 hours following 8
consecutive hours off duty;
(p)(2) For any period after having been on
duty 15 hours following 8 consecutive hours off duty.
(p)(3) If a driver of a commercial motor
vehicle providing transportation of property or passengers to or from a
theatrical or television motion picture production site operates beyond a 100
air-mile radius of the normal work reporting location, the driver is subject to
§395.3(a), and paragraphs (p)(1) and (2) of this section do not apply.
(q) Transporters of grapes during harvest period in the State of New York. The provisions of this part
shall not apply to drivers transporting grapes if such transportation:
(q)(1) Is within the State of New York;
(q)(2) Is west of Interstate 81;
(q)(3) Is within a 150 air-mile radius of
where the grapes were picked or distributed; and
(4) Is during the harvest period as defined by the State of
New York. This provision expires September 30, 2009.
[57 FR 33647, July 30, 1992, as amended at 58 FR 33777, June 21,
1993; 60 FR 38748, July 28, 1995; 63 FR 33279, June 18, 1998; 68 FR 22514,
April 28, 2003; 68 FR 56211, Sept. 30, 2003; 70 FR 50071, Aug. 25, 2005; 72 FR
36790, July 5, 2007; 72 FR 71269, Dec. 17, 2007]