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United States Department of Transportation United States Department of Transportation

395.2

What is a "qualifying rest break or sleeper berth period" under the definition of adverse driving conditions?

Frequently Asked Questions Relating to 2020 Changes to Hours of Service Regulations

Question 11

Q: What is a "qualifying rest break or sleeper berth period" under the definition of adverse driving conditions?

A: A qualifying rest break or sleeper berth period is either the sleeper berth period of at least 7 hours or the rest period of at least 2 hours in the sleeper berth or off-duty as described under the sleeper berth exception, as well as any...

If it only takes an hour for a driver to get through the adverse driving conditions, do they still get to use the full 2 hours of the exception?

Frequently Asked Questions Relating to 2020 Changes to Hours of Service Regulations

Question 13

Q: If it only takes an hour for a driver to get through the adverse driving conditions, do they still get to use the full 2 hours of the exception?

A: No. Drivers are allowed up to an additional two hours. If it only took an hour for the driver to get through the adverse driving condition, then that is all the additional time the driver is...

May a driver use the adverse driving conditions provision even if the adverse conditions have cleared when the driver arrives at the location where the condition occurred?

Frequently Asked Questions Relating to 2020 Changes to Hours of Service Regulations

Question 14

Q: May a driver use the adverse driving conditions provision even if the adverse conditions have cleared when the driver arrives at the location where the condition occurred?

A: Yes, but only if the adverse driving condition inhibited a driver's ability to proceed. For example, if a rock slide blocks the road and causes traffic to back-up, and the rock...

Are drivers required to annotate an adverse driving condition they encountered on their electronic logging device (ELD)?

Frequently Asked Questions Relating to 2020 Changes to Hours of Service Regulations

Question 15

Q: Are drivers required to annotate an adverse driving condition they encountered on their electronic logging device (ELD)?

A: Yes. A driver is required to annotate the use of the adverse driving conditions exception on the electronic logging device under 49 CFR Section 395.28(c). If the roadside officer can prove there was no adverse driving condition...

§395.2 Definitions

§391.23 Investigations and inquiries.

Guidance Q&A
Question 2: May motor carriers use third parties to ask State agencies for copies of the driving record of driver-applicants?

Guidance: Yes. Driver information services or companies acting as the motor carrier’s agent may be used to contact State agencies. However, the...

FAQ 1: Does the definition of “livestock” in § 395.2 include llamas, alpacas, live fish, and crawfish, as added by the 2018 amendment to the Emergency Livestock Feed Assistance Act of 1988?

Hours of Service Exceptions

§395.2 Definitions  

Frequently Asked Questions
FAQ 1: Does the definition of “livestock” in § 395.2 include llamas, alpacas, live fish, and crawfish, as added by the 2018 amendment to the Emergency Livestock Feed Assistance Act of 1988?

Guidance: Yes. The changes made to the definition of “livestock” in the Emergency Livestock Feed Assistance Act...

If a driver drives in a non-commercial vehicle to take a physical examination, should the duty status be recorded as on-duty not driving, or as off-duty? Would the answer change if the motor carrier directs the driver to go for the examination?

Hours of Service Definitions

§395.2 Definitions.  

Question 32: If a driver drives in a non-commercial vehicle to take a physical examination, should the duty status be recorded as on-duty not driving, or as off-duty? Would the answer change if the motor carrier directs the driver to go for the examination?

Guidance: So long as the driver schedules and attends the physical examination at a time of his or her own...