The operation of commercial motor vehicles (CMVs) in the United States is governed by strict Hours-of-Service (HOS) rules enforced by the Federal Motor Carrier Safety Administration (FMCSA). These regulations limit the cumulative amount of time a driver can be on duty to ensure highway safety and prevent fatigue. For drivers nearing their maximum cumulative duty limits, “recap hours” represent the on-duty time that expires from the calculation period, becoming available again for use.
The Foundation of Hours-of-Service Limits
The FMCSA establishes cumulative duty limits that dictate the maximum number of hours a property-carrying driver can be on duty over a set period of consecutive days. This regulatory basis is defined under 49 CFR 395.3, which outlines the two primary limits drivers must adhere to. The first configuration limits a driver to 60 total on-duty hours within any seven consecutive days.
The second limit is the 70-hour rule, which applies the cumulative on-duty restriction over an eight-day consecutive period. A motor carrier is generally required to use the 70-hour limit if its commercial motor vehicles operate every day of the week. Carriers have the discretion to assign a driver to either the 60-hour or the 70-hour limit, depending on the operational needs of the fleet.
The calculation of recap hours depends entirely on whether the driver is operating under the 60-hour or 70-hour limit. This choice is directly related to a driver’s typical work schedule and determines how quickly hours become available again.
Defining Recap Hours and the Rolling Calculation
Recap hours result from the “rolling” nature of the HOS cumulative limit calculation, which is not based on a fixed calendar week. The 60-hour limit is calculated over the last seven consecutive days, and the 70-hour limit is calculated over the last eight consecutive days.
The hours that “recap” are the on-duty hours that were worked on the oldest day in the rolling period, which then drop off the calculation. For a driver operating under the 70-hour, eight-day rule, the hours worked on Day 1 will drop off when Day 9 begins. Similarly, under the 60-hour, seven-day rule, the hours from the first day drop off when the eighth day starts.
The hours that roll off are recaptured and added back to the driver’s available hours for the current day. This continuous calculation allows drivers to regain hours without requiring a full reset.
The amount of time a driver gains back is equal to the on-duty time recorded on the day that has just expired from the rolling period. This system requires constant monitoring to ensure the cumulative total remains below the 60-hour or 70-hour threshold.
Step-by-Step: How to Calculate Available Hours
Calculating available hours involves three steps: determining the cumulative limit (60-hour/seven-day or 70-hour/eight-day), summing the on-duty hours from the previous days, and applying the rolling expiration. The driver must total all on-duty hours recorded in the six or seven previous days, depending on their rule set.
For example, a driver on the 70-hour limit totals the on-duty hours from the previous seven days and subtracts that sum from 70. This difference is the driver’s maximum available hours before the recap occurs. The hours worked on the oldest day in that calculation will drop off, becoming the recap hours.
The recap occurs at the exact moment the new 24-hour period begins. If a driver worked 10 hours on Day 1, those 10 hours will be regained exactly 168 hours later (seven full days for the eight-day cycle). The time of the recap is usually midnight, based on the home terminal time zone, or tied to the 24-hour period used by the carrier’s Electronic Logging Device (ELD).
Consider a driver on the 70-hour rule who has worked 65 total hours over the past seven days. If 10 of those hours were worked on the oldest day (Day 1), those 10 hours drop off when the new 24-hour period begins. The driver’s available hours jump from 5 (70 minus 65) to 15 (5 available plus the 10 recap hours).
Understanding the 34-Hour Restart Provision
The 34-hour restart provision offers an optional, non-rolling method for a driver to completely reset their cumulative 60-hour or 70-hour clock back to zero. This provision is distinct from the daily recap, as it is a one-time event that clears the entire slate of previous on-duty hours. To utilize this option, a driver must take a minimum of 34 consecutive hours off duty.
During this continuous 34-hour period, the driver must not engage in any work-related activities. Upon completion of the break, the driver effectively begins a new work cycle with the full 60 or 70 hours available again.
The restart is useful when a driver needs to immediately begin a long-haul trip after hitting their limit. Unlike the rolling recap, which only gives back the hours from a single day, the 34-hour break instantly provides the full 60 or 70 hours for the respective duty limit. The FMCSA does not limit how often a driver can use this reset, provided the 34-hour consecutive requirement is met.
Tracking Hours Using Electronic Logging Devices
The practical management of recap hours is now almost exclusively handled by Electronic Logging Devices (ELDs), which are mandated for most CMV drivers. ELDs automatically record all duty statuses, including off-duty, sleeper berth, driving, and on-duty not driving, in real-time. This automated tracking system ensures an accurate and verifiable record of a driver’s cumulative hours.
The device’s software is programmed with the specific 60-hour or 70-hour rule set for the driver and continuously performs the rolling calculation. ELDs project a driver’s available hours, including the anticipated recap, which allows for proactive trip planning. The driver is still responsible for regularly reviewing the ELD data to confirm the accuracy of the projected available hours.
While the ELD automates the complex calculations, the driver must verify that the device is correctly set to their home terminal time zone and the appropriate duty cycle. The driver’s direct engagement with the ELD’s display is necessary to prevent potential violations, as the ultimate responsibility for compliance rests with the operator.