Hours of

Service rules.
How to make the rules work
to your advantage.
Table of contents 3 Introduction

4 The foundation of Hours of Service

Start of shift
14-hour rule
11-hour rule
60/70-hour rule
34-hour rest break
Special driving categories
Yard move
Personal conveyance
Electronic logging devices
Supporting documentation

9 The 2020 rule changes

Adverse driving conditions exception
30-minute rest break
Short-haul exception
Split sleeper berth rules
Consequences for not following the rules
Most common violations

14 Summary

14 Make the Hours of Service rules work to your advantage

2 Guide: Hours of Service rules 855-434-3564 sales@gomotive.com

Introduction In December 2017, most truck drivers were required to begin logging
Hours of Service (HOS) using an electronic logging device (ELD).
These devices required strict adherence to the HOS rules laid out by
the Federal Motor Carrier Safety Administration (FMCSA). After the
ELD rules went into effect, many carriers expressed concern about
the limited flexibility and negative impact on productivity. As a result,
the FMCSA began to explore modifications to the HOS rules that would
provide additional flexibility to drivers, while preserving the safety of our
roads. This effort culminated in the Hours of Service rules that went into
effect on September 29, 2020.

Navigating all these HOS rules can be complicated. That’s why we’ve
put together this comprehensive guide that covers everything you
need to know about how you can make the HOS rules work for you
and your fleet.

3 Guide: Hours of Service rules 855-434-3564 sales@gomotive.com

The foundation of The 2020 HOS changes provide several new flexibilities but preserve
Hours of Service the foundation of the 2003 HOS rules. These foundational HOS
elements have remained the same:

Start of shift A driver may not drive without first taking 10 consecutive hours
(49 C.F.R. §395.3(a)(1)) off duty. In other words, after every shift, a driver must take at least
10 consecutive hours off duty or in the sleeper berth, or any
combination of the two, before driving again.

14-hour rule A driver may only drive during the first 14 hours of coming on duty.
(49 C.F.R. §395.3(a)(2)) Also referred to as the “driving window,” this rule requires a driver to
complete all driving within 14 hours of coming on duty, with limited
exceptions discussed later.

11-hour rule A driver may not drive more than 11 hours in a shift. Driving must occur
(49 C.F.R. §395.3(a)(3)(i)) within the “driving window.” When combined, these two rules mean
a driver can drive up to 11 hours and must complete all driving within
14 hours of coming on duty.

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60/70-hour rule If the motor carrier operates every day of the week, the driver may not
(49 C.F.R. §395.3(b)) drive after accumulating 70 hours of on-duty time over any eight-day
period. If the motor carrier operates less than every day of the week,
the driver may not drive after having accumulated 60 hours of on-duty
time within any seven-day period. The seven- or eight-day period is
a “rolling period.” This means that the oldest day’s hours drop off
when calculating total on-duty time for the past seven or eight days.
To calculate available hours, drivers use a “rolling recap” in which
drivers calculate the number of hours available by adding the hours
in the last seven days and subtracting by 60. Using an ELD automates
this calculation, avoiding errors or confusion.

Under the 60/70-hour rule, a driver may not drive after reaching
the accumulated on-duty time limits. They may still perform work,
but they may not drive.

60 hrs in 7 days
Day Available Worked

1 60 14

2 46 10

3 36 0

4 36 12

5 24 14

6 10 10

7 0 0

8 14

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34-hour rest break A driver may “restart” the weekly time calculation by taking at least
(49 C.F.R §395.3(c)) 34 consecutive hours off duty. The 34-hour rest break/restart may
be taken at any time, and as many times per week as desired.

Special driving categories A special driving category is a specific circumstance during which
the commercial motor vehicle (CMV) is moving faster than 5 mph but
that movement isn’t being recorded as driving time. Special driving
categories are configurable by the motor carrier to allow or disallow
their use. There are two special driving categories: yard move and
personal conveyance.

Yard move
Yard move is a special driving category that drivers may use to record
time spent operating a CMV in a location that’s “not open to public
travel.” More specifically, it refers to time spent driving a CMV in an
area not open to the public without restrictive gates, prohibitive signs,
or rules. (See the definition of a highway at 49 C.F.R. §390.5.)
While driving in a restricted area as defined above, a driver may use
the yard move special driving category, which will log their activity
as on duty (not driving).

Personal conveyance
Personal conveyance (PC) is a special driving category used to account
for the movement of a CMV while the driver is off duty. Motor carriers
may, at their discretion, permit the use of PC. PC has been a source
of confusion for the industry because rules dictating appropriate use
are vague. Compounding matters is law enforcement’s keen focus on
personal conveyance as a possible source of HOS fraud.

To address this, in 2018, the FMCSA updated its personal conveyance

guidance to clarify misunderstandings. The FMCSA states that what
matters most when determining if PC is appropriate is the intent of the
move, and not whether the truck was loaded or how far or for how long
the personal conveyance lasted. If the purpose of the move is for the
commercial benefit of the carrier (e.g., to get closer to the next pick-up
or drop-off), then the driver shouldn’t log it as PC. On the other hand,
if the move is off-duty and for the personal benefit of the driver
(e.g., to commute home after a shift), the truck can be thought of
more as a personal vehicle and PC can be used. Of course, the use
of PC should be of “reasonable” duration. The FMCSA leaves that
determination up to the driver, motor carrier, and importantly,
law enforcement.

6 Guide: Hours of Service rules 855-434-3564 sales@gomotive.com

 Fortunately, the FMCSA has provided some examples of appropriate
and inappropriate uses of PC:

Can I use PC? Here are some examples:

Appropriate Inappropriate

Traveling to lodging, restaurants, Enhancing the “operational

or entertainment readiness” of the carrier
(e.g., passing a resting location
to get closer to the next load)

Commuting from terminal to Returning to the point of origin

home (provided restorative to pick up a new load
rest can be achieved)

Traveling to a nearby location Continuing a trip to fulfill

to rest after unloading a business purpose

Moving at the request of a Transporting a CMV to a

safety official maintenance facility

Transporting personal property After being placed OOS

while off duty

Traveling home after working Traveling to or from a home

at an off-site location terminal after loading or unloading

Electronic logging devices Any driver required to maintain a record of duty status (logbook)
(49 C.F.R. §395 Subpart B)) for more than eight days in any rolling 30-day period is required to do
so using an electronic logging device (ELD). Those operating a power
unit older than model year 2000 or are driving a commercial motor
vehicle that’s the commodity being delivered (drive-away operations)
aren’t required to use an ELD.

7 Guide: Hours of Service rules 855-434-3564 sales@gomotive.com

Supporting documentation Drivers are required to collect and maintain documentation supporting
(49 C.F.R. §395.11) log entries. Any document collected in the normal course of business
and can be used to verify compliance with the HOS rules is considered
a supporting document. Ideally, supporting documents will contain four
basic data elements: location, date, time, and another data element
to link the document to the driver, such as a name or identification
number. Common examples of supporting documents include toll
receipts, bills of lading, fuel receipts, inspection reports, or electronic
communications between the driver and motor carrier. Supporting
documents must be maintained for six months.

According to the rules (49 C.F.R. §395.11(c)), supporting documents

should be maintained in a way that supports matching them with the
HOS and fit in the following categories:

• Bills of lading, itineraries, schedule, or equivalent documents

that show the origin and destination of a trip.
• Dispatch records or equivalent documents.
• Expense receipts related to on-duty not-driving time.
• Electronic mobile communications records.
• Payroll records, settlement sheets, or equivalent documents
that show what and how the driver was paid.

8 Guide: Hours of Service rules 855-434-3564 sales@gomotive.com

The 2020 rule changes Following a long listening tour and an expedited rulemaking process,
the FMCSA finalized its changes to the Hours of Service rules on
June 1, 2020. While the foundation of the HOS rules remained
the same, several important changes were made, which improve
operational efficiencies if utilized properly.

Adverse driving conditions What is it?

exception (49 C.F.R. 395.1(b)) The adverse driving conditions exception gives drivers additional time
to complete their run if they encounter unexpected weather or road
conditions. Adverse driving conditions is defined as:

“snow, ice, sleet, fog, or other adverse weather conditions or unusual

road or traffic conditions that were not known, or could not reasonably
be known, to a driver immediately prior to beginning the duty day
or immediately before beginning driving after a qualifying rest break
or sleeper berth period, or to a motor carrier immediately prior to
dispatching the driver.”

The adverse driving conditions rule allows a driver to add two hours
to both the 14-hour work window and the 11-hour driving clock.
This means a driver could have up to 16 hours within which to
complete 13 hours of driving.

9 Guide: Hours of Service rules 855-434-3564 sales@gomotive.com

 How has it changed?
The FMCSA updated this exception by allowing the driver to have
a role in determining if the adverse driving conditions exception is
applicable. Specifically, language was added that allows the exception
to be used if the conditions weren’t immediately known to the driver,
when previously only the dispatcher could make that determination.
The FMCSA also allowed two hours to be added to the 14-hour driving
window when adverse driving conditions are encountered.

How does this impact carrier operations?

The first thing carriers should understand is that this is an optional
provision and they’ll have a responsibility to ensure the driver isn’t
operating a CMV while ill or fatigued (49 C.F.R. §392.3). As such they
should consider whether use of the provision may exacerbate fatigue.
The carrier may restrict use of this provision as they see fit. Some
carriers find the exception to be an important release valve when
encountering unexpected circumstances, while others never allow it.

As a part of determining if and under what circumstances to allow

the use of this exception, carriers should decide the extent to
which they allow drivers to make the determination independently.
Each circumstance must be carefully scrutinized to ensure adherence
with FMCSA’s rule and guidance on its appropriate use.

30-minute rest break What is it?

(49 C.F.R. §395.3(3)(ii)) Before reaching eight hours of cumulative driving time during a shift,
drivers are required to take a break to obtain needed respite from
cumulative fatigue. Drivers using the short-haul exception,
explained below, aren’t required to take a 30-minute rest break.

How has it changed?

While the 30-minute rest break is still required, when and how a
driver can use it has changed significantly. The new rules require a
30-minute rest break only after the driver has accumulated eight hours
of driving time, not eight hours of on-duty time as was the case under
the prior rule. If the driver doesn’t exceed eight hours of driving time
in a shift, a 30-minute rest break isn’t required. Also, drivers may now
count on-duty (not-driving) time toward their rest break. For example,
time spent completing paperwork or fueling their truck may be
counted as a rest break provided the total break is at least
30 consecutive minutes.

How does this impact carrier operations?

The first thing carriers should consider is whether their drivers are still
required to take a 30-minute rest break. The FMCSA estimated only
17.3% of drivers will need to take a rest break, compared to 73.4%
under the old rules. Second, carriers should evaluate those routes that
will require a rest break and look for on duty (not driving) opportunities
that can be counted toward a rest break, negating the need to make an
unplanning or inconvenient stop to accommodate a break.

10 Guide: Hours of Service rules 855-434-3564 sales@gomotive.com

Short-haul exception What is it?
(49 C.F.R. §395.1(e)(1)) The short-haul exception allows some drivers to forgo the
requirement to monitor their HOS compliance using a paper or
electronic logbook. To be eligible, drivers can’t drive beyond a
150 air-mile radius (approximately 172 road miles), must return to
their normal work reporting location, and be released from work
within 14 hours of coming on duty. Drivers using this exception can
monitor HOS compliance through a simple timecard entry. Those
using the short-haul exception are still required to abide by all HOS
requirements (e.g., the 11-hour driving limit) except the 30-minute
rest break.

How has it changed?

The new rules expand the air-mile radius from 100 miles and require
eligible drivers to return within 14 consecutive hours, not 12. If a driver
drives outside of the 150 air-mile radius, or isn’t released from duty
within 14 hours, they must track HOS compliance using a record of duty
status (i.e., a logbook, either paper or ELD). If this happens more than
eight times in any 30-day rolling period, the driver must use an ELD on
the ninth day.

How does this impact carrier operations?

The most significant change to the short-haul exception is the
extension of the workday to 14 hours. Now, local drivers don’t need
to sacrifice efficiency to gain the advantage of not having to maintain
a detailed logbook. Drivers now have more time to complete their
current scheduled routes and have an opportunity to add additional
stops or routes because of the expanded operating radius. Carriers
should evaluate their routes to see if adding stops or routes improves
efficiency, keeping in mind that the HOS rules still apply, limiting drivers
to 11 hours of driving in a 14-hour window. The weekly limit also applies.

Motive ELDs have functionality that tracks driver time under the
short-haul exception but automatically reverts to a traditional record of
duty status if the driver violates the terms of the exception, making the
need to monitor and switch to paper logs moot. Carriers also have the
option to simplify their recordkeeping with an ELD that improves asset
tracking and produces a compliant logbook.

Split sleeper berth rules What are they?

(49 C.F.R. §395.1(g)) The HOS rules say that a driver may not drive unless they’ve taken
10 consecutive hours off duty. However, if the truck is equipped
with a sleeper berth as defined here, drivers are allowed to pause the
14-hour driving window by splitting their 10 hours off-duty time into
two separate rest periods provided:

• Neither rest period is shorter than two hours long.

• One rest period is at least seven hours long and taken in the
sleeper berth.
• The total of the two separate periods is at least 10 hours long.

11 Guide: Hours of Service rules 855-434-3564 sales@gomotive.com

 Once the second off-duty period is complete, a new “calculation point”
is added at the end of the first off-duty period. This is the point from
which available driving and on-duty (not driving) hours are now
calculated. These off-duty periods “pause” the 14-hour driving window.

How have they changed?

Previously, drivers using the sleeper berth rules could only split their
rest periods into one 8-hour segment, taken in the sleeper berth,
and one 2-hour segment, taken off-duty. In addition, only the longer
period would pause the 14-hour driving window. Verifying compliance
is now as easy as adding the driving and on-duty (not driving) time
before and after each qualifying rest period and verifying the limits
haven’t been exceeded. The new rules also provide significant new
flexibilities discussed below.

How does this impact carrier operations?

This change is one of the most significant updates to the HOS rules.
For example, under the old rules, because the shorter rest period
didn’t pause the 14-hour clock, drivers always took the longer
period first. Now, drivers have the flexibility to shut down for up to
three hours to avoid traffic congestion or having to log time spent
detained at a shipper. This time doesn’t count against the 14-hour
driving window provided it’s later paired with a longer sleeper berth
period, which, when added to the shorter break, totals at least
10 hours. Furthermore, if the driver then decides to extend the
sleeper berth period to 10 consecutive hours (by adding off-duty or
SB time), they’ll have a fresh 11 hours of driving and 14-hour window.

Consequences for not For drivers who operate a CMV in interstate commerce, not abiding
following the rules by the HOS rules isn’t an option. Law enforcement officials are focusing
on HOS violations both on the roadside and in back-office audits
(i.e., compliance reviews).

In the event of a traffic enforcement or roadside inspection stop,

law enforcement will review the HOS records of drivers and issue
violations and/or citations (tickets) for any violations discovered.
In some severe cases, they’ll also place the driver out of service
until they have enough hours to proceed.

If the motor carrier is selected for an audit, Hours of Service

violations are double-weighted compared to other compliance factors.
This means that if an inspector discovers a pattern of HOS violations,
the carrier is more likely to receive a conditional or unsatisfactory
rating, which, in extreme cases, can result in the carrier losing its
authority to operate.

12 Guide: Hours of Service rules 855-434-3564 sales@gomotive.com

Most common violations Below are the most common HOS-related violations from FY2020 found
during compliance reviews or roadside inspections.

Compliance review Roadside inspection

Not using the appropriate Record of duty status

method to record HOS (form and manner)

False reports of records of Record of duty status not current

duty status

Failing to preserve supporting Driving beyond 14-hour

docs for 6 months duty period

13 Guide: Hours of Service rules 855-434-3564 sales@gomotive.com

Summary The Hours of Service rules now provide more flexibility that, if properly
utilized, will improve fleet efficiency and productivity. Most drivers
will no longer need to take a 30-minute rest break. Those that do will
be able to continue working on non-driving tasks. More flexibilities
added to the adverse driving conditions can increase the provision’s
usefulness and encourage carriers to make good safety-based
decisions. Updates to the short haul exception bring it in line with
other HOS rules, making managing drivers easier. Finally, split sleeper
berth rules now make it easier for drivers to get needed rest mid-shift,
in response to changing conditions, without sacrificing productivity.
While today’s HOS rules have more flexibility, the penalty for violating
these rules can be severe. As always, compliance is a must.

Make the Hours of Service Good news. Motive’s best-in-class technology supports the
rules work to your advantage Hours of Service changes outlined in this guide. But Motive is much
more than ELD compliance. We’ve helped over 120,000 customers
unlock their potential with our AI-powered platform that improves
safety, productivity, and profitability. We combine IoT hardware with
AI-powered applications to automate vehicle and equipment tracking,
driver safety, compliance, maintenance, spend management, and more.

Ready to see what Motive can do for you? Let’s talk.

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Unlock
Potential

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About Motive
Motive builds technology to improve the safety, productivity, and profitability of businesses that power the physical economy. The Motive Automated
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