The Federal Motor Carrier Safety Administration (FMCSA) establishes comprehensive Hours-of-Service (HOS) rules to regulate the amount of time commercial drivers spend on the road and on duty. These regulations are designed to reduce driver fatigue and improve safety by imposing limits on daily driving, shift length, and cumulative hours over a work week. The 60-hour and 70-hour limits are core components of this system, functioning as cumulative restrictions to prevent drivers from exceeding a maximum total on-duty time over a rolling period. The specific limit a driver must follow depends entirely on the operational model of their motor carrier.
Defining the 60 and 70-Hour Limits
The 60-hour and 70-hour limits restrict the total on-duty time a driver can accumulate over a defined cycle of consecutive days. The 60-hour limit prohibits driving after accumulating 60 hours on duty within any seven consecutive days. The 70-hour limit prohibits driving after accumulating 70 hours on duty within any eight consecutive days. These cumulative rules, found in 49 CFR 395.3, operate in tandem with daily restrictions, such as the 11-hour driving limit and the 14-hour duty window. They ensure a driver receives sufficient rest across a full work week, regardless of their daily schedule.
General Requirements for HOS Compliance
Before the 60- or 70-hour limit applies, a driver must be operating a Commercial Motor Vehicle (CMV) in interstate commerce. A vehicle qualifies as a CMV if it weighs 10,001 pounds or more, either as a single vehicle or a combination of vehicles. CMVs also include vehicles designed to transport 16 or more passengers (not for compensation) or nine or more passengers (for compensation). Additionally, any size vehicle transporting hazardous materials that require federal placarding falls under the HOS regulations.
How Carriers Select the 7-Day or 8-Day Cycle
The motor carrier selects between the 60-hour/7-day cycle and the 70-hour/8-day cycle based on its operational schedule. The 60-hour/7-day cycle applies to carriers that do not operate CMVs every day of the week, such as regional delivery services that shut down on weekends. The 70-hour/8-day cycle is intended for motor carriers that operate continuously, providing greater flexibility for drivers in long-haul trucking or large freight carriers.
Calculating Cumulative On-Duty Time
The 60- or 70-hour limit is tied to the driver’s cumulative “on-duty” time, which encompasses more than just driving. On-duty time begins when a driver starts work or is required to be in readiness, and it ends when the driver is relieved from all responsibility. This time includes actual driving, pre-trip and post-trip inspections, loading, unloading, and waiting to be dispatched. Time spent repairing, servicing, or attending to a disabled vehicle is also logged as on-duty time. Accurate logging, often through an Electronic Logging Device (ELD), is essential for monitoring this cumulative limit and ensuring compliance.
The Necessity of the 34-Hour Restart
When a driver reaches their maximum cumulative hours (60 or 70), they are prohibited from further driving until their total on-duty time drops below the limit. The 34-hour restart provision offers a mechanism to reset the cumulative clock to zero, providing a fresh set of hours. This provision requires the driver to take 34 consecutive hours off duty. Utilizing the restart effectively ends the current 7-day or 8-day period, allowing the driver to immediately begin a new period with their full 60 or 70 hours available. This provision is an operational tool drivers can use to maximize their available hours after reaching the cycle limit.
Drivers Exempt from the 60 or 70-Hour Limit
Some categories of drivers are not required to adhere to the standard 60- or 70-hour cumulative limits due to the specific nature of their operations. These exemptions are outlined in 49 CFR 395.1 and recognize the operational differences in certain types of commercial driving.
Short-Haul Operations
Drivers who operate under the short-haul exception are exempt from the 60- or 70-hour limits. To qualify, a driver must operate within a 150 air-mile radius of their normal work reporting location and return there at the end of each duty tour. These drivers are not required to maintain a detailed record of duty status (logbook or ELD) because their daily work cycle is limited and predictable.
Retail Store Delivery Drivers
An exemption is provided for certain retail store delivery drivers involved in the delivery of products to retail stores. This exemption accommodates the unique scheduling and operational demands of the retail supply chain.
Utility Service Vehicle Drivers
Drivers operating utility service vehicles, used to repair or maintain public utility services, are granted certain HOS exemptions. These exceptions allow drivers to exceed the standard limits when responding to emergency conditions that threaten public safety or service continuity.
Drivers Transporting Agricultural Commodities
Drivers transporting agricultural commodities, including livestock, during a state’s defined planting and harvesting seasons, are exempt from the standard HOS rules. This exemption applies while the driver is operating within a 150 air-mile radius from the source of the commodities. This provision ensures flexibility for farmers and haulers during time-sensitive periods of the agricultural cycle.