Hours of Service rules are federal driving limits under 49 CFR Part 395 that govern when you can drive, how long you can stay on duty, and how much rest is required before you can drive again. They apply to most commercial motor vehicle drivers operating in interstate commerce, and violations carry civil penalties up to $16,000 per offense plus CSA points that follow you in the Safety Measurement System.
This guide covers Hours of Service rules for 2026 in full — every limit for property-carrying drivers, every major exception, the sleeper berth split rules, and how ELD enforcement has changed compliance.
Core HOS Limits for Property-Carrying Drivers
These are the main limits that apply to drivers hauling freight:
11-Hour Driving Limit
You may drive a maximum of 11 hours after coming off 10 consecutive hours of off-duty time. The 11 hours do not need to be continuous — you can drive, go on duty not driving, and drive again — but total driving time cannot exceed 11 hours within the relevant period.
14-Hour On-Duty Window
Once you go on duty after 10 consecutive off-duty hours, you have a 14-hour window in which all driving must be completed. The window starts when you go on duty, not when you start driving. Time spent on duty not driving (loading, fueling, paperwork, waiting at a shipper) counts against the 14-hour window.
If the 14-hour window expires, you cannot drive regardless of how many hours of the 11-hour driving limit you have remaining. A driver who spends 8 hours at a shipper then drives 3 hours has 8 driving hours left but only 3 hours remaining in the 14-hour window. They cannot drive past the 14-hour mark.
30-Minute Break Requirement
After 8 cumulative hours of driving since coming on duty (or since your last off-duty or sleeper berth period of at least 30 minutes), you must take a non-driving break of at least 30 minutes before continuing to drive.
The break can be satisfied as off-duty time or as on-duty not-driving time — you don’t have to stop your on-duty clock, just your driving. Sitting at a loading dock waiting counts if you’re logging it as on-duty not-driving.
10-Hour Off-Duty Requirement
Before you can start a new driving window, you need 10 consecutive hours off duty. These hours reset your 11-hour driving limit and your 14-hour window.
The 60/70-Hour Limit
In addition to the daily limits above, there’s a weekly limit on total on-duty time:
- 60-hour limit: If your carrier operates vehicles 7 days a week, you cannot go on duty more than 60 hours in any 7 consecutive days
- 70-hour limit: If your carrier does not operate vehicles every day of the week, you may have a 70-hour limit in 8 consecutive days
Which limit applies depends on your carrier’s operating schedule, not your personal schedule. Your carrier determines which 7-day or 8-day period applies.
Once you hit the 60/70-hour limit, you cannot go on duty (and therefore cannot drive) until you’ve accumulated enough off-duty time to bring your rolling total below the limit.
The 34-Hour Restart
You can reset your 60/70-hour clock by taking 34 or more consecutive hours off duty. After the restart, your on-duty hours for the past 7 or 8 days effectively reset to zero for HOS purposes.
2013 restart provisions: An earlier rule requiring two 1 a.m. to 5 a.m. periods within the restart was suspended in 2014 and has not been reinstated. The current 34-hour restart has no restrictions on when those hours must fall. Any 34 consecutive off-duty hours resets the clock.
Passenger-Carrying Driver Limits
Drivers operating vehicles designed to transport 16 or more passengers (including the driver) have slightly different limits:
- 10-hour driving limit (not 11)
- 15-hour on-duty window (not 14)
- 8-hour off-duty requirement (not 10)
- 60/70-hour weekly limit applies the same as property carriers
Major HOS Exceptions
Short-Haul Exception (100 Air-Mile)
Drivers who operate within a 100 air-mile radius of their normal work reporting location and return to that location each work day may be exempt from ELD requirements and RODS (Records of Duty Status). Conditions:
- Must return to normal work location within 12 consecutive hours of starting
- Cannot drive more than 11 hours
- Must have 10 consecutive hours off duty before the next driving period
This exception is per work day — you can’t average compliance across multiple days. If you exceed the 12-hour window on any day, that day requires a RODS.
Short-Haul Exception (150 Air-Mile, Non-CDL)
Non-CDL drivers operating within 150 air miles of their normal work location and returning each day may use a longer time window under a separate exception. This applies to drivers of vehicles not requiring a CDL — not relevant for standard CDL truck drivers.
Adverse Driving Conditions Exception
When unexpected adverse driving conditions develop after a trip starts — severe weather, accident-caused traffic delays that weren’t foreseeable — a driver may extend driving time by up to 2 hours beyond the standard 11-hour limit, and extend the 14-hour window accordingly.
This exception requires that:
- The conditions developed after the trip began (not foreseeable before departure)
- The extension is only as long as necessary to reach a safe stopping location
- The driver could not have reasonably anticipated the conditions before starting
Using this exception for routine weather delays or predictable holiday traffic doesn’t meet the standard. It’s for genuinely unexpected conditions that trap you in transit.
Agricultural and Livestock Exceptions
Specific exemptions exist for transportation of agricultural commodities during planting and harvest seasons, and for livestock. These are sector-specific and have geographic and seasonal limitations. Carriers in these sectors should verify the specific conditions at 49 CFR 395.1.
Emergency Relief Exemptions
FMCSA regularly issues emergency relief exemptions during declared disasters that temporarily suspend certain HOS requirements for carriers moving relief supplies or supporting emergency response. These are event-specific and time-limited. Monitor fmcsa.dot.gov for current exemptions.
Sleeper Berth Split Option
Drivers using a sleeper berth can split their 10-hour off-duty requirement into two separate periods under 49 CFR 395.1(g):
The split must consist of:
- One period of at least 7 consecutive hours in the sleeper berth
- One period of at least 2 consecutive hours — either in the sleeper berth or off-duty
How the split works: Neither of the two periods counts against your 14-hour window. The 14-hour window effectively “pauses” during the sleeper berth time. The 11-hour driving limit is calculated based on the combined hours from both rest periods.
Practical example: You drive 5 hours, take a 2-hour off-duty break, drive 3 more hours, then take an 8-hour sleeper berth period. The 2-hour and 8-hour periods form a valid split (2 + 8 = 10 hours, meeting the minimum). The 14-hour window paused during both rest periods. You have 3 driving hours remaining from the 11-hour limit.
The sleeper berth split is genuinely complex and is one of the most common areas of HOS misapplication. If you use it regularly, review your ELD documentation carefully — the device should apply the rules correctly, but understanding what it’s doing helps you catch errors.
Personal Conveyance
Personal conveyance allows a driver to use a CMV for personal use after going off duty. During personal conveyance, driving time does not count toward HOS limits because the driver is off duty.
FMCSA’s guidance requires that:
- The driver must be genuinely off duty with no business purpose
- Personal conveyance cannot be used to extend a workday or circumvent HOS
- Motor carriers must have a written personal conveyance policy
Common legitimate uses: driving to a restaurant after going off duty at a terminal, moving the truck a short distance to a safer overnight location after going off duty.
Improper use: driving to a next pickup without being dispatched to do so, traveling to a shipper that wasn’t on your original bill of lading. These are working activities, not personal.
How ELDs Changed HOS Enforcement
Since the ELD mandate, HOS violations are harder to obscure. ELDs automatically record when the vehicle is moving and flag inconsistencies between logged duty status and actual movement.
What enforcement officers look for in ELD data:
- Unidentified driving events — vehicle movement not attributed to a logged driver
- Drive time exceeding on-duty status — vehicle moving while driver was logged off-duty or in the sleeper berth
- Patterns suggesting systemic falsification — duty status changes that consistently maximize available hours in ways that don’t match operational patterns
Officers can request ELD data transfer during a Level I or Level III inspection. Your ELD must be able to transfer data in the approved formats (wireless or USB). Know your device’s data transfer procedure before you need it during an inspection.
HOS Violation Penalties
| Violation | Maximum Civil Penalty |
|---|---|
| Driving beyond 11 hours (driver) | $16,000 per violation |
| Carrier requiring/allowing HOS violation | $16,000 per violation |
| Falsification of records (driver) | $16,000 per violation |
| Operating without required ELD | $16,000 per violation |
HOS violations are also scored in the Hours of Service Compliance BASIC in the CSA system. Multiple violations in a rolling 24-month period push your BASIC score higher and increase inspection frequency.
Driver OOS violations for HOS — where a driver has already exceeded limits — require the driver to remain off duty until they have accumulated sufficient rest to legally resume driving. There’s no way to “work around” an HOS OOS order.
Pros and Cons of Common HOS Management Approaches
| Approach | Pros | Cons |
|---|---|---|
| Strict HOS planning before departure | Reduces compliance risk; fewer surprises | Requires accurate load time estimates |
| Using short-haul exception when eligible | Eliminates ELD requirement for those days | Must verify eligibility each day; one over-limit day requires RODS |
| Sleeper berth split | More flexible rest scheduling | Complex; ELD must apply correctly; misapplication creates violations |
| 34-hour restart | Resets 60/70-hour clock cleanly | Takes 34+ consecutive hours; significant schedule impact |
Frequently Asked Questions
When using the sleeper berth split, time spent in the sleeper berth does not count against your 14-hour window — the clock effectively pauses. In a standard rest period (not a split), taking 10 consecutive off-duty hours fully resets the 14-hour window.
No. The 14-hour window is absolute — you cannot drive past it regardless of remaining driving hours. It resets only after 10 consecutive off-duty hours (or with the sleeper berth split).
All time at a carrier’s direction, including driving, loading and unloading, fueling, paperwork, waiting at a shipper/receiver while under load, and performing any work for the carrier. Time you’re legally required to be available for dispatch — even if inactive — is on duty.
Yes. There’s no restriction on how many 34-hour restarts you can take. You can restart multiple times in a week if needed, though practically it’s unusual to take a 34-hour break more than once in a rolling week.
Annotate the record in the ELD system with an explanation. Most ELDs allow you to add notes to specific events or time periods. Keep documentation of anything that explains the discrepancy — a loading dock delay, a shipper holding your truck, equipment failure. Annotations don’t remove violations but provide context during inspections.
