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Is the driver required to record meal and other routine stops as off-duty time, or is it the driver’s decision whether such time is recorded as off-duty?

Document

Hours of Service Definitions

§395.2 Definitions.  

Guidance Q&A

Question 3: A driver has been given written permission by his/her employer to record meal and other routine stops made during a tour of duty as off-duty time. Is the driver required to record such time as off-duty, or is it the driver’s decision whether such time is recorded as off-duty?

Guidance: It is the employer’s choice whether the driver shall record stops made during a tour of duty as off-duty time. However, employers may permit drivers to make the decision as to how the time will be recorded.

Regulatory Topic: Hours of Service Definitions
Effective Date: Sunday, May 4, 1997
Issued Date: Friday, April 4, 1997