Hours of Service - Driver's brochure

New INTERSTATE HOS Rules are as follows:

(Compliance Required On & After October 1, 2005)

  • May drive 11 hours, following 10 hours off-duty.
  • May not drive beyond the 14th hour after coming-on duty, following 10 hours off-duty.
  • May not drive after 60/70 hours on-duty in 7/8 consecutive days.
  • A driver may restart a 7/8 consecutive day period after taking 34 or more consecutive hours off-duty.
  • CMV drivers using the sleeper berth provision must take at least 8 consecutive hours in the sleeper berth, plus 2 consecutive hours either in the sleeper berth, off duty, or any combination of the two.
  • 16-Hour Exception For Property-Carrying Drivers
    • Drivers may extend the 14-hour on-duty period by 2 additional hours IF THEY:
      • Are released from duty at the normal work reporting location for the previous 5 duty tours; AND
      • Return to their normal work reporting location and are released from duty within 16 hours; AND
      • Have not used this exception in the previous 7 days, except following a 34-hour restart of a 7/8-day period.
      • Total hours driving may not exceed 11 hours.
  • Short-Haul Provision for drivers of property-carrying CMVs which do not require a Commercial Driver’s License for operation and who operate within a 150 air-mile radius of their normal work reporting location:
    • May drive a maximum of 11 hours after coming on duty following 10 or more consecutive hours off duty.
    • Are not required to keep records-of-duty status (RODS).
    • May not drive after the 14th hour after coming on duty 5 days a week or after the 16th hour after coming on duty 2 days a week.
    • Employer must: Maintain and retain accurate time records for a period of 6 months showing the time the duty period began, ended, and total hours on duty each day in place of RODS.
    • Drivers who use the above-described Short-haul provision are not eligible to use 100 Air-mile provision 395.1(e) or the current 16-hour exception in 395.1 (o).
The more liberal Wisconsin intrastate HOS limits state as follows (Trans 327.05):
  • No driver shall drive more than 12 hours after at least 8 consecutive hours off duty.
  • No driver shall drive after having been on duty 16 hours following 8 consecutive hours off duty.
  • No driver shall drive after having been on duty 70 hours in any 7 consecutive day period or 80 hours in any 8 consecutive days if they operate vehicles every day of the week.
  • Hours of Service Regulations (327.05) DO NOT APPLY to drivers of:
    • Authorized emergency vehicles
    • Vehicles with a GVWR of 26,000 lbs. or less
    • Tow trucks operating at the request of a law enforcement officer.
  • Hours of Service Driver’s Record of Duty Status rules (327.05(5)) DO NOT APPLY to drivers operating within an area having a 150 air mile radius from the drivers’ home post office or a 150 air mile radius from the official worksite of the vehicle if:
    • The driver returns to the work reporting location and is released within 12 consecutive hours.
    • At least 8 consecutive hours off duty separate each 12 hours on duty.
    • The driver does not exceed 12 hours maximum driving time following 8 consecutive hours off duty.
    • The motor carrier that employs the driver maintains and retains for a period of 6 months accurate and true time records showing:
      • The time the driver reports for duty each day.
      • The total number of hours the driver is on duty each day.
      • The time the driver is released from duty each day.

 

IMPORTANT NOTE: Although the new HOS rules apply to INTERSTATE COMMERCE, any INTRASTATE driver who begins a trip in interstate commerce must continue to meet the maximum driving and on duty requirements of 49 CFR 395.3(a) and (b) through the end of the next 7 to 8 consecutive days, depending on which rule the motor carrier operates under. The driver must continue to comply with the requirements of 49 CFR Part 395, even if he/she operates exclusively in intrastate commerce for the remainder of the 60/70-hour period (7/8 days) at the end of the interstate trip. The driver must also continue to comply with the 11- and 14-hour rules as well as the 60 or 70-hour rules for the remainder of that day, and the following 7 or 8 days.