Truck driver hours-of-service (HOS) rules are federal regulations under 49 CFR Part 395 that cap how long commercial drivers may operate a vehicle before they must rest. Property-carrying truck drivers may drive up to 11 hours within a 14-hour on-duty window. After that, they must rest for at least 10 consecutive hours before getting back behind the wheel. Weekly limits cap total on-duty time at 60 or 70 hours, depending on how often the carrier operates.
These rules exist for one reason: a tired truck driver controlling an 80,000-pound vehicle is dangerous to everyone sharing the road.
Why Hours-of-Service Rules Exist
Driver fatigue plays a real role in large-truck crashes. The FMCSA's Large Truck Crash Causation Study found that fatigue was a factor in about 13 percent of serious large-truck crashes. The National Safety Council has found that going 20 or more hours without sleep impairs a driver's reaction time and judgment to a degree similar to a blood-alcohol level of 0.08 percent — the legal limit in every U.S. state.
The Federal Motor Carrier Safety Administration (FMCSA) — the agency within the U.S. Department of Transportation that oversees commercial trucking — enforces hours-of-service rules under Title 49, Code of Federal Regulations, Part 395. These rules apply to commercial vehicles in interstate commerce, meaning trucks that cross state lines or operate under federal authority.
What's in this video?
The Orlow Firm explains key differences between truck accident cases and standard car accident claims, including federal regulations, multiple liable parties, and the types of evidence unique to commercial trucking crashes.
The Core Truck Driver Hours-of-Service Rules
The rules below apply to drivers hauling freight — property-carrying commercial motor vehicles. Passenger-carrying vehicles (buses, motorcoaches) operate under separate limits.
The 11-Hour Driving Limit
Under 49 CFR § 395.3(a)(3), a driver may drive a maximum of 11 hours after taking 10 consecutive hours off duty. Once a driver hits 11 hours behind the wheel in a single shift, they must stop driving — even if the 14-hour window hasn't closed yet.
The 14-Hour On-Duty Window
Under 49 CFR § 395.3(a)(2), a driver may not drive past the 14th consecutive hour after coming on duty. This window starts the moment a driver begins any work — loading a trailer, checking in at dispatch, or running through a pre-trip inspection. Rest breaks taken during the shift do not pause this clock.
Here's the practical effect: a driver who spends three hours on non-driving duties at the start of a shift has only 11 hours of window remaining. Since driving time and window time run together, that driver may not get to use all 11 hours of driving.
The 10-Hour Off-Duty Rest Requirement
Under 49 CFR § 395.3(a)(1), a driver must take at least 10 consecutive hours off duty before starting a new shift. Shorter breaks during a shift do not count toward this requirement.
The 30-Minute Break Rule
Under 49 CFR § 395.3(a)(3)(ii), a driver who has been driving for 8 cumulative hours without at least a 30-minute break may not continue driving until they take one. The break must be spent off duty, in the sleeper berth, or on-duty (not driving). It does not extend the 14-hour window.
The 60-Hour/7-Day and 70-Hour/8-Day Weekly Limits
Under 49 CFR § 395.3(b), drivers face a rolling weekly cap on total on-duty hours:
- 60 hours over 7 consecutive days — for carriers that don't run vehicles every day of the week
- 70 hours over 8 consecutive days — for carriers that operate every day
Once a driver reaches their weekly limit, they cannot drive until enough hours age off the rolling window — or until they take a 34-hour restart.
The 34-Hour Restart
Under 49 CFR § 395.3(c), a driver can completely reset their weekly clock by taking at least 34 consecutive hours off duty. This lets a driver who has nearly maxed out their weekly hours start fresh instead of waiting for old hours to drop off.
Sleeper Berth Rules
Drivers who have a sleeper berth — a built-in bunk in the cab — can split their required off-duty rest into two separate periods under 49 CFR § 395.1(g).
The most common arrangement after the 2020 FMCSA rule revision:
- 8 hours in the sleeper berth + 2 hours off duty (in any order)
- Together, these meet the 10-hour off-duty requirement
A 7/3 split (7 hours sleeper, 3 hours off duty) was also added in the 2020 revision.
Neither period of a sleeper berth split counts against the driver's 14-hour window. For long-haul drivers making multiple stops, that flexibility matters.
Electronic Logging Devices and Hours-of-Service Compliance
For decades, drivers filled out paper logs. Since December 18, 2017, most commercial drivers subject to truck driver hours-of-service requirements must use a certified Electronic Logging Device (ELD) instead.
An ELD connects directly to the truck's engine and records:
- Engine power and motion
- Miles driven
- Engine hours
- Driver identity
ELD records are time-stamped and hard to alter. When law enforcement checks a truck at a roadside inspection, they can pull the ELD data on the spot. If a crash happens, that data becomes important evidence — showing whether the driver exceeded their hours, when they last rested, and whether the company's records match the device.
What's in this video?
The Orlow Firm discusses how Queens truck accident cases work, what evidence matters most, and why having experienced attorneys who know federal trucking regulations makes a difference in these cases.
Short-Haul Exception
Drivers who work within 150 air miles of their home terminal and return each day may qualify for the short-haul exception under 49 CFR § 395.1(e). These drivers:
- Do not need to keep detailed Records of Duty Status (RODS)
- Can use time cards instead of full HOS logs
- Are still subject to the 11-hour daily driving limit and 10-hour off-duty requirement
Exceptions for Emergencies and Unexpected Conditions
Two exceptions can legally extend driving time:
Adverse driving conditions (§ 395.1(b)): If a driver runs into unexpected weather, traffic, or road hazards that weren't foreseeable at the trip's start, they may drive up to 2 extra hours beyond the 11-hour limit to reach a safe stopping point.
Emergency conditions (§ 395.1(b)(2)): During a declared state or federal emergency, the FMCSA or a state authority may waive certain HOS rules to allow emergency supply transport.
What Happens When Hours-of-Service Violations Occur
Hours-of-service violations carry real consequences at every level.
For drivers:
- Officers can pull a driver out of service on the spot during a roadside inspection
- Repeated violations damage a driver's safety record
- Falsifying paper logs or tampering with an ELD is a federal crime
For trucking companies:
- Civil penalties can reach approximately $19,000 or more per HOS violation under the FMCSA's penalty schedule (amounts are adjusted annually for inflation)
- Higher penalties apply for egregious violations
- Companies that push drivers to skip required rest, ignore log discrepancies, or build delivery schedules that make compliance impossible can face liability of their own
In a truck accident case: HOS log data is among the most important evidence in any crash investigation involving a commercial truck. Records showing a driver was over their hours, hadn't taken required rest, or falsified their logs go directly to the question of negligence. If you or a family member was hurt in a crash with a commercial truck in New York, learning whether hours-of-service violations occurred is a key step.
If you were hurt in a truck crash in New York, the Queens truck accident lawyers at The Orlow Firm know how to investigate HOS violations and build a strong injury claim.
Frequently Asked Questions About Truck Driver Hours of Service
How many hours can a truck driver drive per day?
A property-carrying truck driver may drive up to 11 hours in a single shift — but only within a 14-hour on-duty window that starts when any work activity begins. After the 14-hour window closes or after 11 driving hours, the driver must stop and take at least 10 consecutive hours off duty before driving again.
How many hours of rest does a truck driver need between shifts?
Federal law requires at least 10 consecutive hours off duty between driving shifts. This rest period resets both the 11-hour driving limit and the 14-hour on-duty window for the next shift.
What is the 14-hour rule for truck drivers?
The 14-hour rule means a driver cannot drive past the 14th hour after coming on duty — no matter how much of that time was spent actually driving. The clock starts with any work activity (loading, inspection, dispatch check-in) and does not pause for breaks taken during the shift.
What happens if a truck driver violates hours of service?
A driver found in violation during a roadside inspection can be placed out of service on the spot. Carriers face civil penalties that can reach approximately $19,000 or more per violation, with amounts adjusted annually. Falsifying logs is a federal criminal offense. In accident cases, hours-of-service violations are strong evidence of negligence by the driver, the carrier, or both.
What is the 34-hour restart rule?
The 34-hour restart lets a driver fully reset their 60- or 70-hour weekly on-duty clock by taking at least 34 consecutive hours off duty. Without using the restart, drivers must wait for old hours to age off the rolling 7- or 8-day window before those hours no longer count toward the limit.
Do truck drivers have to use electronic logbooks?
Yes, for most commercial drivers subject to HOS recordkeeping rules. Since December 2017, certified ELDs are required. They automatically record driving time and are much harder to falsify than paper logs. Limited exceptions apply for short-haul drivers and certain other situations.
What is the 30-minute break rule for truckers?
A driver who has driven for 8 consecutive hours without a 30-minute break must take one before continuing. The break must be off duty, in the sleeper berth, or on-duty (not driving). It does not extend the 14-hour window.
How many hours can a truck driver work in a week?
Weekly limits are either 60 hours in 7 consecutive days or 70 hours in 8 consecutive days, depending on the carrier's schedule. Once a driver hits the ceiling, they cannot drive until hours age off the rolling window or they complete a 34-hour restart.
Sources & Official Resources
Federal Regulations Cited
- 49 CFR Part 395 — Hours of Service of Drivers
- 49 CFR § 395.3 — Maximum driving time for property-carrying vehicles
- 49 CFR § 395.1 — Scope of rules; sleeper berth and short-haul exceptions
Helpful Government Resources 4. FMCSA Summary of Hours of Service Regulations 5. FMCSA Interstate Truck Driver's Guide to Hours of Service 6. FMCSA Large Truck and Bus Crash Facts 7. FMCSA Large Truck Crash Causation Study — Analysis Brief 8. FMCSA Civil Penalties — Enforcement 9. FMCSA General Information About the ELD Rule
Contact The Orlow Firm
If you or someone you love was hurt in a truck accident in Queens or anywhere in New York City, The Orlow Firm can review your case. Our attorneys understand federal trucking regulations — including hours-of-service rules — and know how to investigate whether a driver or company violated the law. We offer free consultations and handle truck accident cases on a contingency basis, meaning you pay nothing unless we win.
Call us at (646) 647-3398 — Se Habla Español.
