Hours-of-service limits for property-carrying drivers
Wed 2 Jan, 2019 / by Robert Parker / Personal Injury, Truck Accidents
Last Updated: October 25, 2026
49 CFR 395.3 lets a property-carrying driver drive 11 hours during the 14 consecutive hours after coming on duty following 10 consecutive hours off duty. A driver who must keep a record of duty status uses an electronic logging device, with the exceptions in 49 CFR 395.8.
In a survey of long-distance truck drivers interviewed face to face in two states, about one fifth of the drivers interviewed in November and December 2005 said they had fallen asleep at the wheel in the past month. McCartt, Hellinga, and Solomon reported that result in Traffic Injury Prevention in May 2008.
The Code of Federal Regulations dated October 1, 2025, states these limits for property-carrying drivers in 49 CFR 395.3. A driver may not drive without first taking 10 consecutive hours off duty, and may drive a total of 11 hours during the 14-hour period. A driver may not drive after 14 consecutive hours after coming on duty following 10 consecutive hours off duty. Off-duty time inside that period does not extend it. A qualifying sleeper-berth rest under 49 CFR 395.1(g)(1)(ii) is left out of that 14-hour window. Except for a driver who qualifies for either short-haul exception in 49 CFR 395.1(e)(1) or (e)(2), driving is not permitted if more than 8 hours of driving time have passed without at least a consecutive 30-minute interruption. That interruption may be off-duty time, sleeper-berth time, on-duty not driving time, or a combination of those, taken consecutively. A driver may not drive after being on duty 60 hours in 7 consecutive days if the carrier does not operate commercial motor vehicles every day of the week, or after being on duty 70 hours in 8 consecutive days if the carrier does. A 7-day or 8-day period may end with the beginning of 34 or more consecutive hours off duty.
Under 49 CFR 395.1(e)(1), a driver is exempt from the record requirements in 49 CFR 395.8 and 395.11 when the driver operates within a 150 air-mile radius of the normal work reporting location, returns to that location and is released from work within 14 consecutive hours, and, for a property-carrying driver, has at least 10 consecutive hours off duty separating each 14 hours on duty. The carrier keeps accurate time records for 6 months. Under 49 CFR 395.5, a passenger-carrying driver may not drive more than 10 hours following 8 consecutive hours off duty, and may not drive after being on duty 15 hours following 8 consecutive hours off duty.
49 CFR 395.8 requires an electronic logging device to record duty status, subject to its exceptions. A carrier may require a paper record when the driver operates a commercial motor vehicle in a way that requires a record of duty status on not more than 8 days within any 30-day period; in a driveaway-towaway operation in which the vehicle being driven is part of the shipment, or the vehicle being transported is a motor home or a recreation vehicle trailer; or in a vehicle manufactured before model year 2000, as shown by the vehicle identification number on the registration. A driver who meets 49 CFR 395.1(e)(1) is exempt from 49 CFR 395.8.
49 CFR 392.3 is separate from those hour limits. It prohibits a driver from operating a commercial motor vehicle, and a motor carrier from requiring or permitting a driver to operate one, while the driver’s ability or alertness is so impaired, or so likely to become impaired, through fatigue, illness, or any other cause, as to make it unsafe to begin or continue. In a grave emergency, where compliance would increase the hazard to occupants of the commercial motor vehicle or to other users of the highway, the driver may continue to operate the vehicle only to the nearest place at which that hazard is removed.
A person injured in a truck crash can ask a lawyer about compensation for medical bills and lost wages.
Sources: 49 CFR 392.3 in the current Code of Federal Regulations, matching the Code dated October 1, 2025; 49 CFR 395.1, 395.3, 395.5, and 395.8 in the Code of Federal Regulations dated October 1, 2025; McCartt, Hellinga, and Solomon, Traffic Injury Prevention (May 2008).
Need a lawyer? This article is part of our Peoria Personal Injury Lawyer and Peoria Truck Accident Lawyer practice areas. Call Parker & Parker at 309-673-0069 for a free consultation.
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