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May time spent in resting or sleeping in motor homes being delivered be recorded as off-duty time?

Hours of Service Maximum Driving Time

§395.3 Maximum driving time for property-carrying vehicles.  

Guidance Q&A

Question 9: May time spent in resting or sleeping in motor homes being delivered be recorded as off-duty time?

Guidance: The FMCSA believes the time drivers spend resting or sleeping in the motor homes while stopped or parked (e.g., at a rest area or parking lot) could be considered off-duty time. Drivers may take at least 10 consecutive hours off-duty for the purpose of obtaining restorative sleep. The driver may also take less than 10 hours off-duty and take a nap. This time would not count toward the required 10 consecutive hours off-duty. There are certain conditions which must be met in order for this time (less than 10 consecutive hours) to qualify as off-duty time.

1.

The driver must have been relieved of all duty and responsibility for the care and custody of the vehicle, its accessories, and any cargo or passengers it may be carrying.

2.

The duration of the driver’s relief from duty must be a finite period of time which is of sufficient duration to ensure that the accumulated fatigue resulting from operating a commercial motor vehicle will be significantly reduced.

   

3.

During the stop, and for the duration of the stop, the driver must be at liberty to pursue activities of his/her own choosing and to leave the premises where the vehicle is situated.

Regulatory Topic: Hours of Service Maximum Driving Time
Published Date: Sunday, May 4, 1997
Issued Date: Friday, April 4, 1997