Hours Of Service FAQs

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Hours of Service FAQs

Am I required to recap my hours of service?

No. However, you are required to know that you are within the hours of service limit. The only way to know that is to recap your hours. The regulations do not specify how you go about doing this total, but it is recommended that a recap be maintained. (§395.3)

When a driver reaches 70 hours in eight days, how long does he need to be off-duty to be able to drive again?

Any period of 8 consecutive days may end with the beginning of any off-duty period of 34 or more consecutive hours. (§395.3(c)(2))

If I put two drivers in one truck and have them stay within the 100 air-miles, can they work longer than the 12 hours and still use time cards?

No. To use the hours of service exemption that allows for time cards instead of logs, a driver must be released within 12 consecutive hours at the point at which he started work. (§395.1(e))

Does it matter what class of license the driver had prior to employment for the Seven Days Prior Statement?

No. This aspect of the regulations was designed so motor carriers can be knowledgeable of a drivers previous amount of time worked and when last released from duty, subsequently allowing no violations of the hours of service rules. (§395.8(j)(2))

Our business operates from Sunday to Friday every week. Which recap should we be using?

60 hours in seven days. Only motor carriers who operate every day of the week must use the 70 hours in eight days rule. (§395.3)

What vehicle weight rating requires a log (record of duty status)?

10,001 pounds, and any size vehicle carrying hazardous materials required to be placarded. (§§395.1 & 390.5)

Is there a new regulation that states if you stay within 150 air-mile radius, you do not have to be back to the home terminal in 15 hours?

Yes, if your company is classified as a property-carrying commercial motor carrier not requiring a CDL; and he operates within a 150 air-mile radius of the location where he reports to and is released from work, i.e., the normal work reporting location. The driver may work 14 hours in 5 of 7 days and 16 hours for 2 of those 7 days after having 10 consecutive hours off-duty. Your driver still has to cease from driving after being on-duty for 60 hours in a 7-day period if your company does not operate every day of the week, or after 70 hours in a 7-day period, if your company operates every day of the week. (§395.1(e))

How long do the Log Recap Envelopes have to be kept?

Six months. They are considered supporting documentation and a record of log information verification. (§395.8(k) & Interpretative Guide Q # 10.)

We have a driver that works only one week during the month. Does he need to fill out a hours of service log for each day he is off?

No. The driver has the following options: He/she may complete a single log listing all days off duty or he/she may complete a Statement of Prior On-Duty Time for the previous seven consecutive days. (395.8(f)(10) & 395.8(j)(2)

Is a casual driver required to keep a log for days not working for our company?

No. A Seven Day Prior Certification Form may be used. (395.8 (j)(2))

Can a dispatcher that occasionally drives put more than one day of work on a single hours of service log?

No. Only multiple days off-duty can be put on a single log. (395.8(f)(10) However, a Statement of Prior On-Duty Time for the previous seven consecutive days can be used to satisfy the hours of service requirements. 395.8(J)(2)

What is the average speed a driver can log with todays highway speed limits?

Drivers are required to conform to the posted speed limits prescribed by the jurisdictions in or through which they travel. Where the total trip is on highways with a speed limit of 65 mph, trips of 550-600 miles completed in 10 hours are considered questionable and the motor carrier may be asked to document that such trips can be made. Trips of 600 miles or more will be assumed to be incapable of being completed without violations of the speed limits and may be required to be documented. In areas where a 55 mph speed limit is in effect, trips of 450-500 are open to question; and runs of 500 miles or more are considered incapable of being made in compliance with the speed limit and hours of service limitation. (Interpretive Guidelines: 392.6 Your question: 1)

Is it alright for a driver to log off-duty when he is waiting to be unloaded?

Yes, as long as the driver has been relieved of all duties and responsibilities for the care and custody of the vehicle and its load.

If we have a post office box, can we use it on the log instead of our physical address?

It does not say exactly which one to use in the regulations. We suggest that you use the address that is on the application for your DOT number.

Must the time a driver spends attending a mandatory company meeting be logged, and if so, how?

All time spent in mandatory company meetings must be logged as on-duty-not-driving.

If a driver is at 11 hours driving time and is only a half hour from home, can he drive the rest of the way and not be in violation?

No. Any driving time over 11 hours is a violation.

We have hourly and salary paid drivers. Are our salary drivers required to complete log books?

It does not matter to the FMCSR how the drivers are paid. If the drivers operate out of a 100 air-mile radius, they need to complete a log book to record their hours of service. If the drivers stay within the 100 air-mile radius, they can complete a time card or some type of time record to keep track of hours.

How long do we have to retain driver's daily logs on file?

The U.S. DOT requires driver's daily logs to be kept for six months following the date of receipt.

Can one driver use 60 hours in 7 days and another driver use 70 hours in 8 days for the same carrier?

Yes. One driver may work over the road and the other one may work locally.

If our driver is driving a vehicle with a gvwr of 25,000 pounds, does he have to fill out logs?

Yes, the weight limit for compliance with the hours of service regulations starts at gvwr of 10,001 pounds. Carriers who operate vehicles that carry hazardous materials which requires placarding no matter what the gvwr is, or operate vehicles designed to transport 16 or more passengers, including the driver, again despite the gvwr, must also comply with the hours of service regulations.

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This page was last update: 06/27/2008