Full Text
Note: The following sections of the Code of Federal Regulations
relating to limits on truck drivers' hours of service are vital
in supporting a case against the driver and the trucking company.
TITLE 49-TRANSPORTATION
DEPARTMENT OF TRANSPORTATION
PART 395-HOURS OF SERVICE OF DRIVERS
Sec. 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 (n) of this section.
(2) The exceptions from Federal requirements contained in paragraphs
(l) through (n) 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-
(i) For more than 13 hours in the aggregate following 10 consecutive
hours off duty for drivers of property-carrying commercial motor
vehicles;
(ii) After he/she has been on duty after the end of the 14th hour
after coming on duty following 10 consecutive hours off duty for
drivers of property- carrying commercial motor vehicles;
(iii) For more than 12 hours in the aggregate following 8 consecutive
hours off duty for drivers of passenger-carrying commercial motor
vehicles; or
(iv) After he/she has been on duty 15 hours following 8 consecutive
hours off duty for drivers of passenger-carrying commercial motor
vehicles.
(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.
(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) 100 air-mile radius driver. A driver is exempt from the requirements
of Section 395.8 if:
(1) The driver operates within a 100 air-mile radius of the normal
work reporting location;
(2) The driver, except a driver salesperson, returns to the work
reporting location and is released from work within 12 consecutive
hours;
(3) (i) A property-carrying commercial motor vehicle driver has
at least 10 consecutive hours off duty separating each 12 hours
on duty;
(ii) A passenger-carrying commercial motor vehicle driver has
at least 8 consecutive hours off duty separating each 12 hours
on duty;
(4) (i) A property-carrying commercial motor vehicle driver does
not exceed 11 hours maximum driving time following 10 consecutive
hours off duty; or
(ii) A passenger-carrying commercial motor vehicle driver does
not exceed 10 hours maximum driving time following 8 consecutive
hours off duty; and
(5) The motor carrier that employs the driver maintains and retains
for a period of 6 months accurate and true time records showing:
(i) The time the driver reports for duty each day;
(ii) The total number of hours the driver is on duty each day;
(iii) The time the driver is released from duty each day; and
(iv) 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) General property-carrying commercial motor vehicle. A driver
who is driving a property-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
10 consecutive hours of off-duty time by taking a combination
of at least 10 consecutive hours off-duty and sleeper berth time;
or by taking two periods of rest in the sleeper berth, providing:
(i) Neither rest period is shorter than two hours;
(ii) The driving time in the period immediately before and after
each rest period, when added together, does not exceed 11 hours;
(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:
(A) by excluding any sleeper berth period of at least 2 hours
which, when added to a subsequent sleeper berth period, totals
at least 10 hours, and
(B) by including all on-duty time, all off-duty time not spent
in the sleeper berth, all sleeper berth periods of less than 2
hours, and any sleeper berth period not described in paragraph
(g)(1)(iii)(A); and
(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 a combination of at least 10 consecutive hours off duty and
sleeper berth time.
(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 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:
(i) Neither rest period is shorter than two hours;
(ii) The driving time in the period immediately before and after
each rest period, when added together, does not exceed 11 hours;
(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:
(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
(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); and
(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.
(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:
(i) Neither rest period is shorter than two hours;
(ii) The driving time in the period immediately before and after
each rest period, when added together, does not exceed 10 hours;
(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
(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) 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-
(i) More than 15 hours following 10 consecutive hours off duty;
or
(ii) After being on duty for 20 hours or more following 10 consecutive
hours off duty.
(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
(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.
(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--
(i) More than 15 hours following 8 consecutive hours off duty;
(ii) After being on duty for 20 hours or more following 8 consecutive
hours off duty;
(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
(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.
(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.
(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
(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-
(1) The total number of hours the driver is on duty each day;
and
(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.
(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:
(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
(2) Is conducted 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. In the instance of a driver of a
utility service vehicle, any period of 7 or 8 consecutive days
may end with the beginning of any off-duty period of 24 or more
successive hours.
(o) Property-carrying driver. A property-carrying driver is exempt
from the requirements of
§ 395.3(a)(2) if:
(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;
(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
(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).
Sec. 395.2 Definitions.
As used in this part, the following words and terms are construed
to mean:
Adverse driving conditions means snow, sleet, fog, other
adverse weather conditions, a highway covered with snow or ice,
or unusual road and traffic conditions, none of which were apparent
on the basis of information known to the person dispatching the
run at the time it was begun.
Automatic on-board recording device means an electric,
electronic, electromechanical, or mechanical device capable of
recording driver's duty status information accurately and automatically
as required by § 395.15. The device must be integrally synchronized
with specific operations of the commercial motor vehicle in which
it is installed. At a minimum, the device must record engine use,
road speed, miles driven, the date, and time of day.
Driver-salesperson means any employee who is employed solely
as such by a private carrier of property by commercial motor vehicle,
who is engaged both in selling goods, services, or the use of
goods, and in delivering by commercial motor vehicle the goods
sold or provided or upon which the services are performed, who
does so entirely within a radius of 100 miles of the point at
which he/she reports for duty, who devotes not more than 50 percent
of his/her hours on duty to driving time. The term selling goods
for purposes of this section shall include in all cases solicitation
or obtaining of reorders or new accounts, and may also include
other selling or merchandising activities designed to retain the
customer or to increase the sale of goods or services, in addition
to solicitation or obtaining of reorders or new accounts.
Driving time means all time spent at the driving controls
of a commercial motor vehicle in operation.
Eight consecutive days means the period of 8 consecutive
days beginning on any day at the time designated by the motor
carrier for a 24-hour period.
Ground water well drilling rig means any vehicle, machine,
tractor, trailer, semi-trailer, or specialized mobile equipment
propelled or drawn by mechanical power and used on highways to
transport water well field operating equipment, including water
well drilling and pump service rigs equipped to access ground
water.
Multiple stops means all stops made in any one village,
town, or city may be computed as one.
On duty time means all time from the time a driver begins
to work or is required to be in readiness to work until the time
the driver is relieved from work and all responsibility for performing
work. On duty time shall include:
(1) All time at a plant, terminal, facility, or other property
of a motor carrier or shipper, or on any public property, waiting
to be dispatched, unless the driver has been relieved from duty
by the motor carrier;
(2) All time inspecting, servicing, or conditioning any commercial
motor vehicle at any time;
(3) All driving time as defined in the term driving time;
(4) All time, other than driving time, in or upon any commercial
motor vehicle except time spent resting in a sleeper berth;
(5) All time loading or unloading a commercial motor vehicle,
supervising, or assisting in the loading or unloading, attending
a commercial motor vehicle being loaded or unloaded, remaining
in readiness to operate the commercial motor vehicle, or in giving
or receiving receipts for shipments loaded or unloaded;
(6) All time repairing, obtaining assistance, or remaining in
attendance upon a disabled commercial motor vehicle;
(7) All time spent providing a breath sample or urine specimen,
including travel time to and from the collection site, in order
to comply with the random, reasonable suspicion, post-accident,
or follow-up testing required by part 382 of this subchapter when
directed by a motor carrier;
(8) Performing any other work in the capacity, employ, or service
of a motor carrier; and
(9) Performing any compensated work for a person who is not a
motor carrier.
Seven consecutive days means the period of 7 consecutive
days beginning on any day at the time designated by the motor
carrier for a 24-hour period.
Sleeper berth means a berth conforming to the requirements
of § 393.76 of this chapter.
Transportation of construction materials and equipment
means the transportation of construction and pavement materials,
construction equipment, and construction maintenance vehicles,
by a driver to or from an active construction site (a construction
site between mobilization of equipment and materials to the site
to the final completion of the construction project) within a
50 air mile radius of the normal work reporting location of the
driver. This paragraph does not apply to the transportation of
material found by the Secretary to be hazardous under 49 U.S.C.
5103 in a quantity requiring placarding under regulations issued
to carry out such section.
Twenty-four-hour period means any 24-consecutive-hour period
beginning at the time designated by the motor carrier for the
terminal from which the driver is normally dispatched.
Utility service vehicle means any commercial motor vehicle:
(1) Used in the furtherance of repairing, maintaining, or operating
any structures or any other physical facilities necessary for
the delivery of public utility services, including the furnishing
of electric, gas, water, sanitary sewer, telephone, and television
cable or community antenna service;
(2) While engaged in any activity necessarily related to the ultimate
delivery of such public utility services to consumers, including
travel or movement to, from, upon, or between activity sites (including
occasional travel or movement outside the service area necessitated
by any utility emergency as determined by the utility provider);
and
(3) Except for any occasional emergency use, operated primarily
within the service area of a utility's subscribers or consumers,
without regard to whether the vehicle is owned, leased, or rented
by the utility.
Sec. 395.3 Maximum driving time for property-carrying vehicles.
Subject to the exceptions and exemptions in § 395.1:
(a) No motor carrier shall permit or require any driver used by
it to drive a property-carrying commercial motor vehicle, nor
shall any such driver drive a property-carrying commercial motor
vehicle:
(1) More than 11 cumulative hours following 10 consecutive hours
off duty; or
(2) For any period after the end of the 14th hour after coming
on duty following 10 consecutive hours off duty, except when a
property-carrying driver complies with the provisions of
§ 395.1(o).
(b) No motor carrier shall permit or require a driver of a property-carrying
commercial motor vehicle to drive, nor shall any driver drive
a property- carrying commercial motor vehicle, regardless of the
number of motor carriers using the driver's services, for any
period after-
(1) Having been on duty 60 hours in any 7 consecutive days if
the employing motor carrier does not operate commercial motor
vehicles every day of the week; or
(2) Having been on duty 70 hours in any period of 8 consecutive
days if the employing motor carrier operates commercial motor
vehicles every day of the week.
(c) (1) Any period of 7 consecutive days may end with the beginning
of any off duty period of 34 or more consecutive hours; or
(2) Any period of 8 consecutive days may end with the beginning
of any off duty period of 34 or more consecutive hours.
Sec. 395.8 Driver's record of duty status.
(a) Except for a private motor carrier of passengers (nonbusiness),
every motor carrier shall require every driver used by the motor
carrier to record his/her duty status for each 24 hour period
using the methods prescribed in either paragraphs (a)(1) or (2)
of this section.
(1) Every driver who operates a commercial motor vehicle shall
record his/her duty status, in duplicate, for each 24-hour period.
The duty status time shall be recorded on a specified grid, as
shown in paragraph (g) of this section. The grid and the requirements
of paragraph (d) of this section may be combined with any company
forms. The previously approved format of the Daily Log, Form MCS-59
or the Multi-day Log, MCS-139 and 139A, which meets the requirements
of this section, may continue to be used.
(2) Every driver who operates a commercial motor vehicle shall
record his/her duty status by using an automatic on-board recording
device that meets the requirements of § 395.15 of this part.
The requirements of § 395.8 shall not apply, except paragraphs
(e) and (k) (1) and (2) of this section.
(b) The duty status shall be recorded as follows:
(1) "Off duty" or "OFF."
(2) "Sleeper berth" or "SB" (only if a sleeper
berth used).
(3) "Driving" or "D."
(4) "On-duty not driving" or "ON."
(c) For each change of duty status (e.g., the place of reporting
for work, starting to drive, on-duty not driving and where released
from work), the name of the city, town, or village, with State
abbreviation, shall be recorded.
Note: If a change of duty status occurs at a location other than
a city, town, or village, show one of the following: (1) The highway
number and nearest milepost followed by the name of the nearest
city, town, or village and State abbreviation, (2) the highway
number and the name of the service plaza followed by the name
of the nearest city, town, or village and State abbreviation,
or (3) the highway numbers of the nearest two intersecting roadways
followed by the name of the nearest city, town, or village and
State abbreviation.
(d) The following information must be included on the form in
addition to the grid:
(1) Date;
(2) Total miles driving today;
(3) Truck or tractor and trailer number;
(4) Name of carrier;
(5) Driver's signature/certification;
(6) 24-hour period starting time (e.g., midnight, 9:00 a.m., noon,
3:00 p.m.);
(7) Main office address;
(8) Remarks;
(9) Name of co-driver;
(10) Total hours (far right edge of grid);
(11) Shipping document number(s), or name of shipper and commodity.
(e) Failure to complete the record of duty activities of this
section or § 395.15, failure to preserve a record of such
duty activities, or making of false reports in connection with
such duty activities shall make the driver and/or the carrier
liable to prosecution.
(f) The driver's activities shall be recorded in accordance with
the following provisions:
(1) Entries to be current. Drivers shall keep their records of
duty status current to the time shown for the last change of duty
status.
(2) Entries made by driver only. All entries relating to driver's
duty status must be legible and in the driver's own handwriting.
(3) Date. The month, day and year for the beginning of each 24-hour
period shall be shown on the form containing the driver's duty
status record.
(4) Total miles driving today. Total mileage driven during the
24-hour period shall be recorded on the form containing the driver's
duty status record.
(5) Commercial motor vehicle identification. The driver shall
show the number assigned by the motor carrier, or the license
number and licensing State of each commercial motor vehicle operated
during each 24-hour period on his/her record of duty status. The
driver of an articulated (combination) commercial motor vehicle
shall show the number assigned by the motor carrier, or the license
number and licensing State of each motor vehicle used in each
commercial motor vehicle combination operated during that 24-hour
period on his/her record of duty status.
(6) Name of motor carrier. The name(s) of the motor carrier(s)
for which work is performed shall be shown on the form containing
the driver's record of duty status. When work is performed for
more than one motor carrier during the same 24-hour period, the
beginning and finishing time, showing a.m. or p.m., worked for
each motor carrier shall be shown after each motor carrier's name.
Drivers of leased commercial motor vehicles shall show the name
of the motor carrier performing the transportation.
(7) Signature/certification. The driver shall certify to the correctness
of all entries by signing the form containing the driver's duty
status record with his/her legal name or name of record. The driver's
signature certifies that all entries required by this section
made by the driver are true and correct.
(8) Time base to be used.
(i) The driver's duty status record shall be prepared, maintained,
and submitted using the time standard in effect at the driver's
home terminal, for a 24-hour period beginning with the time specified
by the motor carrier for that driver's home terminal.
(ii) The term "7 or 8 consecutive days" means the 7
or 8 consecutive 24-hour periods as designated by the carrier
for the driver's home terminal.
(iii) The 24-hour period starting time must be identified on the
driver's duty status record. One-hour increments must appear on
the graph, be identified, and preprinted. The words "Midnight"
and "Noon" must appear above or beside the appropriate
one-hour increment.
(9) Main office address. The motor carrier's main office address
shall be shown on the form containing the driver's duty status
record.
(10) Recording days off duty. Two or more consecutive 24-hour
periods off duty may be recorded on one duty status record.
(11) Total hours. The total hours in each duty status: off duty
other than in a sleeper berth; off duty in a sleeper berth; driving,
and on duty not driving, shall be entered to the right of the
grid, the total of such entries shall equal 24 hours.
(12) Shipping document number(s) or name of shipper and commodity
shall be shown on the driver's record of duty status.
(g) Graph grid. The following graph grid must be incorporated
into a motor carrier recordkeeping system which must also contain
the information required in paragraph (d) of this section.
(h) Graph grid preparation. The graph grid may be used horizontally
or vertically and shall be completed as follows:
(1) Off duty. Except for time spent resting in a sleeper berth,
a continuous line shall be drawn between the appropriate time
markers to record the period(s) of time when the driver is not
on duty, is not required to be in readiness to work, or is not
under any responsibility for performing work.
(2) Sleeper berth. A continuous line shall be drawn between the
appropriate time markers to record the period(s) of time off duty
resting in a sleeper berth, as defined in § 395.2. (If a
non-sleeper berth operation, sleeper berth need not be shown on
the grid.)
(3) Driving. A continuous line shall be drawn between the appropriate
time markers to record the period(s) of driving time, as defined
in § 395.2.
(4) On duty not driving. A continuous line shall be drawn between
the appropriate time markers to record the period(s) of time on
duty not driving specified in § 395.2.
(5) Location-remarks. The name of the city, town, or village,
with State abbreviation where each change of duty status occurs
shall be recorded.
Note: If a change of duty status occurs at a location other than
a city, town, or village, show one of the following: (1) The highway
number and nearest milepost followed by the name of the nearest
city, town, or village and State abbreviation, (2) the highway
number and the name of the service plaza followed by the name
of the nearest city, town, or village and State abbreviation,
or (3) the highway numbers of the nearest two intersecting roadways
followed by the name of the nearest city, town, or village and
State abbreviation.
(i) Filing driver's record of duty status. The driver shall submit
or forward by mail the original driver's record of duty status
to the regular employing motor carrier within 13 days following
the completion of the form.
(j) Drivers used by more than one motor carrier.
(1) When the services of a driver are used by more than one motor
carrier during any 24-hour period in effect at the driver's home
terminal, the driver shall submit a copy of the record of duty
status to each motor carrier. The record shall include:
(i) All duty time for the entire 24-hour period;
(ii) The name of each motor carrier served by the driver during
that period; and
(iii) The beginning and finishing time, including a.m. or p.m.,
worked for each carrier.
(2) Motor carriers, when using a driver for the first time or
intermittently, shall obtain from the driver a signed statement
giving the total time on duty during the immediately preceding
7 days and the time at which the driver was last relieved from
duty prior to beginning work for the motor carriers.
(k) Retention of driver's record of duty status.
(1) Each motor carrier shall maintain records of duty status and
all supporting documents for each driver it employs for a period
of six months from the date of receipt.
(2) The driver shall retain a copy of each record of duty status
for the previous 7 consecutive days which shall be in his/her
possession and available for inspection while on duty.
Note: Driver's Record of Duty Status.
The graph grid, when incorporated as part of any form used by
a motor carrier, must be of sufficient size to be legible.
The following executed specimen grid illustrates how a driver's
duty status should be recorded for a trip from Richmond, Virginia,
to Newark, New Jersey. The grid reflects the midnight to midnight
24 hour period.
The driver in this instance reported for duty at the motor carrier's
terminal. The driver reported for work at 6 a.m., helped load,
checked with dispatch, made a pretrip inspection, and performed
other duties until 7:30 a.m., when the driver began driving. At
9 a.m., the driver had a minor accident in Fredericksburg, Virginia,
and spent one-half hour handling details with the local police.
The driver arrived at the company's Baltimore, Maryland, terminal
at noon and went to lunch while minor repairs were made to the
tractor. At 1 p.m., the driver resumed the trip and made a delivery
in Philadelphia, Pennsylvania, between 3 p.m. and 3:30 p.m. at
which time the driver started driving again. Upon arrival at Cherry
Hill, New Jersey, at 4 p.m., the driver entered the sleeper berth
for a rest break until 5:45 p.m. at which time the driver resumed
driving again. At 7 p.m., the driver arrived at the company's
terminal in Newark, New Jersey. Between 7 p.m. and 8 p.m., the
driver prepared the required paperwork including completing the
driver's record of duty status, driver vehicle inspection report,
insurance report for the Fredericksburg, Virginia accident, checked
for the next day's dispatch, etc. At 8 p.m., the driver went off
duty.
(Approved by the Office of Management and Budget under OMB Control
number 2125-0016)
Sec. 395.13 Drivers declared out of service.
(a) Authority to declare drivers Out of Service. Every special
agent of the Federal Motor Carrier Safety Administration (as defined
in Appendix B to this subchapter) is authorized to declare a driver
out of service and to notify the motor carrier of that declaration,
upon finding at the time and place of examination that the driver
has violated the out of service criteria as set forth in paragraph
(b) of this section.
(b) Out of service criteria.
(1) No driver shall drive after being on duty in excess of the
maximum periods permitted by this part.
(2) No driver required to maintain a record of duty status under
§ 395.8 or § 395.15 of this part shall fail to have
a record of duty status current on the day of examination and
for the prior seven consecutive days.
(3) Exception. A driver failing only to have possession of a record
of duty status current on the day of examination and the prior
day, but has completed records of duty status up to that time
(previous 6 days), will be given the opportunity to make the duty
status record current.
(c) Responsibilities of motor carriers.
(1) No motor carrier shall:
(i) Require or permit a driver who has been declared out of service
to operate a commercial motor vehicle until that driver may lawfully
do so under the rules in this part.
(ii) Require a driver who has been declared out of service for
failure to prepare a record of duty status to operate a commercial
motor vehicle until that driver has been off duty for the appropriate
number of consecutive hours required by this part and is in compliance
with this section. The appropriate consecutive hours off-duty
period may include sleeper berth time.
(2) A motor carrier shall complete the "Motor Carrier Certification
of Action Taken" portion of the form MCS-63 (Driver-Vehicle
Examination Report) and deliver the copy of the form either personally
or by mail to the Division Administrator or State Director, Federal
Motor Carrier Safety Administration, at the address specified
upon the form within 15 days following the date of examination.
If the motor carrier mails the form, delivery is made on the date
it is postmarked.
(d) Responsibilities of the driver.
(1) No driver who has been declared out of service shall operate
a commercial motor vehicle until that driver may lawfully do so
under the rules of this part.
(2) No driver who has been declared out of service, for failing
to prepare a record of duty status, shall operate a commercial
motor vehicle until the driver has been off duty for the appropriate
number of consecutive hours required by this part and is in compliance
with this section.
(3) A driver to whom a form has been tendered declaring the driver
out of service shall within 24 hours thereafter deliver or mail
the copy to a person or place designated by motor carrier to receive
it.
(4) Section 395.13 does not alter the hazardous materials requirements
prescribed in § 397.5 pertaining to attendance and surveillance
of commercial motor vehicles.
Sec. 395.15 Automatic on-board recording devices.
(a) Authority to use automatic on-board recording device.
(1) A motor carrier may require a driver to use an automatic on-board
recording device to record the driver's hours of service in lieu
of complying with the requirements of § 395.8 of this part.
(2) Every driver required by a motor carrier to use an automatic
on-board recording device shall use such device to record the
driver's hours of service.
(b) Information requirements.
(1) Automatic on-board recording devices shall produce, upon demand,
a driver's hours of service chart, electronic display, or printout
showing the time and sequence of duty status changes including
the drivers' starting time at the beginning of each day.
(2) The device shall provide a means whereby authorized Federal,
State, or local officials can immediately check the status of
a driver's hours of service. This information may be used in conjunction
with handwritten or printed records of duty status, for the previous
7 days.
(3) Support systems used in conjunction with on-board recorders
at a driver's home terminal or the motor carrier's principal place
of business must be capable of providing authorized Federal, State
or local officials with summaries of an individual driver's hours
of service records, including the information specified in §
395.8(d) of this part. The support systems must also provide information
concerning on-board system sensor failures and identification
of edited data. Such support systems should meet the information
interchange requirements of the American National Standard Code
for Information Interchange (ANSCII) (EIARS-232/CCITT V.24 port
(National Bureau of Standards "Code for Information Interchange,"
FIPS PUB 1-1)).
(4) The driver shall have in his/her possession records of duty
status for the previous 7 consecutive days available for inspection
while on duty. These records shall consist of information stored
in and retrievable from the automatic on-board recording device,
handwritten records, computer generated records, or any combination
thereof.
(5) All hard copies of the driver's record of duty status must
be signed by the driver. The driver's signature certifies that
the information contained thereon is true and correct.
(c) The duty status and additional information shall be recorded
as follows:
(1) "Off duty" or "OFF," or by an identifiable
code or character;
(2) "Sleeper berth" or "SB" or by an identifiable
code or character (only if the sleeper berth is used);
(3) "Driving" or "D," or by an identifiable
code or character; and
(4) "On-duty not driving" or "ON," or by an
identifiable code or character.
(5) Date;
(6) Total miles driving today;
(7) Truck or tractor and trailer number;
(8) Name of carrier;
(9) Main office address;
(10) 24-hour period starting time (e.g., midnight, 9:00 a.m.,
noon, 3:00 p.m.)
(11) Name of co-driver;
(12) Total hours; and
(13) Shipping document number(s), or name of shipper and commodity.
(d) Location of duty status change.
(1) For each change of duty status (e.g., the place and time of
reporting for work, starting to drive, on-duty not driving and
where released from work), the name of the city, town, or village,
with State abbreviation, shall be recorded.
(2) Motor carriers are permitted to use location codes in lieu
of the requirements of paragraph (d)(1) of this section. A list
of such codes showing all possible location identifiers shall
be carried in the cab of the commercial motor vehicle and available
at the motor carrier's principal place of business. Such lists
shall be made available to an enforcement official on request.
(e) Entries made by driver only. If a driver is required to make
written entries relating to the driver's duty status, such entries
must be legible and in the driver's own handwriting.
(f) Reconstruction of records of duty status. Drivers are required
to note any failure of automatic on-board recording devices, and
to reconstruct the driver's record of duty status for the current
day, and the past 7 days, less any days for which the drivers
have records, and to continue to prepare a handwritten record
of all subsequent duty status until the device is again operational.
(g) On-board information. Each commercial motor vehicle must have
on-board the commercial motor vehicle an information packet containing
the following items:
(1) An instruction sheet describing in detail how data may be
stored and retrieved from an automatic on-board recording system;
and
(2) A supply of blank driver's records of duty status graph-grids
sufficient to record the driver's duty status and other related
information for the duration of the current trip.
(h) Submission of driver's record of duty status.
(1) The driver shall submit, electronically or by mail, to the
employing motor carrier, each record of the driver's duty status
within 13 days following the completion of each record;
(2) The driver shall review and verify that all entries are accurate
prior to submission to the employing motor carrier; and
(3) The submission of the record of duty status certifies that
all entries made by the driver are true and correct.
(i) Performance of recorders. Motor carriers that use automatic
on-board recording devices for recording their drivers' records
of duty status in lieu of the handwritten record shall ensure
that:
(1) A certificate is obtained from the manufacturer certifying
that the design of the automatic on-board recorder has been sufficiently
tested to meet the requirements of this section and under the
conditions it will be used;
(2) The automatic on-board recording device permits duty status
to be updated only when the commercial motor vehicle is at rest,
except when registering the time a commercial motor vehicle crosses
a State boundary;
(3) The automatic on-board recording device and associated support
systems are, to the maximum extent practicable, tamperproof and
do not permit altering of the information collected concerning
the driver's hours of service;
(4) The automatic on-board recording device warns the driver visually
and/or audibly that the device has ceased to function. Devices
installed and operational as of October 31, 1988, and authorized
to be used in lieu of the handwritten record of duty status by
the FMCSA are exempted from this requirement.
(5) Automatic on-board recording devices with electronic displays
shall have the capability of displaying the following:
(i) Driver's total hours of driving today;
(ii) The total hours on duty today;
(iii) Total miles driving today;
(iv) Total hours on duty for the 7 consecutive day period, including
today;
(v) Total hours on duty for the prior 8 consecutive day period,
including the present day; and
(vi) The sequential changes in duty status and the times the changes
occurred for each driver using the device.
(6) The on-board recorder is capable of recording separately each
driver's duty status when there is a multiple-driver operation;
(7) The on-board recording device/system identifies sensor failures
and edited data when reproduced in printed form. Devices installed
and operational as of October 31, 1988, and authorized to be used
in lieu of the handwritten record of duty status by the FMCSA
are exempted from this requirement.
(8) The on-board recording device is maintained and recalibrated
in accordance with the manufacturer's specifications;
(9) The motor carrier's drivers are adequately trained regarding
the proper operation of the device; and
(10) The motor carrier must maintain a second copy (back-up copy)
of the electronic hours-of-service files, by month, in a different
physical location than where the original data is stored.
(j) Rescission of authority.
(1) The FMCSA may, after notice and opportunity to reply, order
any motor carrier or driver to comply with the requirements of
§ 395.8 of this part.
(2) The FMCSA may issue such an order if the FMCSA has determined
that-
(i) The motor carrier has been issued a conditional or unsatisfactory
safety rating by the FMCSA;
(ii) The motor carrier has required or permitted a driver to establish,
or the driver has established, a pattern of exceeding the hours
of service limitations of this part;
(iii) The motor carrier has required or permitted a driver to
fail, or the driver has failed, to accurately and completely record
the driver's hours of service as required in this section; or
(iv) The motor carrier or driver has tampered with or otherwise
abused the automatic on-board recording device on any commercial
motor vehicle.
