If a driver is required repeatedly to respond to satellite or similar communications received during a 10-hour off-duty period (8-hour off-duty period for passenger transportation), does this activity affect a driver’s duty status?
Hours of Service Definitions
§395.2 Definitions.
Guidance Q&A
Question 31: If a driver is required repeatedly to respond to satellite or similar communications received during a 10-hour off-duty period (8-hour off-duty period for passenger transportation), does this activity affect a driver’s duty status?
Guidance: Yes. The driver cannot be required to do any work for the motor carrier during the 10-hour or the 8-hour off-duty period. A driver who is required to access a communications system for the purpose of reading messages from the carrier, responding to certain messages (either verbally or by typing a message), or otherwise acknowledging them, is performing work. For the purpose of this guidance, “repeatedly” means a pattern or series of interruptions that prevent a driver from obtaining restorative sleep during the off-duty period.