49 CFR § 395.3 – Maximum Driving time for Property-Carrying Vehicles

Caveat: This code section differs from the section that identifies the maximum driving time for commercial drivers that operate passenger-carrying vehicles. 

• Before beginning a work shift, a driver must have had at least 10 consecutive hours off duty.  Then, and only then, may they begin a 14-hour work period. During that 14-hour period, a driver may drive for only 11 while implementing “sleeper berths” of at least 30 minutes.  A driver is not permitted to drive more than 8 consecutive hours. 

• No driver shall be permitted to drive a property-carrying vehicle for any period after:

  • Being on duty for 60 hours within a period of 7 consecutive days, if the employing motor carrier does not operate commercial vehicles every day of the week. “7 consecutive days” is defined as any period beginning with an off-duty period of 34 or more consecutive hours that includes two periods from 1:00 a.m. to 5:00 a.m.

  • Being on duty for 70 hours within a period of 8 consecutive days, if the employing motor carrier does operate commercial vehicles every day of the week. “8 consecutive days” is defined as any period beginning with an off-duty period of 34 or more consecutive hours that includes two periods from 1:00 a.m. to 5:00 a.m.

• An off-duty period does not restart the calculation for time periods addressed in b(1) and (2).  The calculation does not restart until 168 consecutive hours have passed since the beginning of the last off-duty period.  If the driver takes more than one off-duty period of 34 or more consecutive hours within a period of 168 consecutive house, they must report which off-duty period is being used to restart the calculation in the “remarks” section of the record of duty status.

49 CFR § 395.5 – Maximum Driving time for Passenger-Carrying Vehicles

Caveat: This code section differs from the section that identifies the maximum driving time for commercial drivers that operate property-carrying vehicles. 

• No driver may drive a passenger-carrying vehicle for more than 10 hours following 8 consecutive hours off duty, or for any period after being on duty for 15 hours following 8 consecutive hours off duty. 

• No driver shall be permitted to drive a passenger-carrying vehicle for any period after:

  • Being on duty for 60 hours within a period of 7 consecutive days, if the employing motor carrier does not operate commercial vehicles every day of the week.

  • Being on duty for 70 hours within a period of 8 consecutive days, if the employing motor carrier does operate commercial vehicles every day of the week.

 49 CFR § 392.3 – Ill or fatigued operator

• No driver shall operate a commercial vehicle if their alertness is impaired or likely to be impaired through fatigue, illness, or any other cause that may render his abilities unsafe.  However, if there is a grave emergency (such as hazards that pose a threat to other occupants of the vehicle or on the roadways), the driver may continue driving to safety. 

 49 CFR § 392.4 – Drugs and other substances

• No driver shall possess, be under the influence or use any of the following substances while on duty unless they have valid prescriptions from a licensed medical professional:

  • Amphetamines (including, but not limited to, “pep pills” and “bennies”);

  • Any narcotic drugs; or

  • Any other substance that will render the driver incapable of safely operating the vehicle. 

49 CFR § 392.5 – Alcohol Prohibition 

• No driver shall 

  • Use alcohol within 4 hours before going on duty, operating, or having control of a commercial vehicle. 

  • Have measured alcohol concentration or detected presence of alcohol while on duty, operating, or having control of a commercial vehicle. 

  • Be on duty or operate a commercial vehicle while in possession of wine or beer with more than one half of one per centum of alcohol by volume, or distilled spirits, unless:

    • Manifested and transported as part of a shipment; or

    • Possessed or used by bus passengers. 

• No motor carrier shall require or permit a driver to violate any of the rules above or be on duty and operate a commercial vehicle if the driver’s general appearance of the driver appears that (s)he has used alcohol within the preceding four hours. 

• Any driver found in violation of this code shall be placed out-of-service immediately for a period of 24 hours.  The driver must report such issuance to his/her employer within 24 hours. Additionally, the driver must report the issuance to the state official that issued his/her drivers license within 30 days, unless the driver requests a review of the order. 

  • Any driver that receives an out-of-service order may petition for review, in writing, within 10 days of the order’s issuance to the Division Administrator or State Director for the geographical area where the order was issued. The Division Administrator or State Director may affirm or reverse the order.  It may then be petitioned in accordance with 49 CFR 386.13