Part 395 — Hours of Service of Drivers
49 CFR Part 395: The hours-of-service rules that limit driving time and mandate ELD use for commercial drivers.
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49 CFR Part 395 is the hours-of-service regulation that limits how long a commercial driver can drive and remain on duty before required rest. It is one of the most actively enforced parts of the FMCSRs, and the one that created the need for Electronic Logging Devices (ELDs) — the hardware that replaced paper logbooks as the primary means of hours-of-service compliance documentation.
The core property-carrying driver limits under Part 395: a driver may not drive more than 11 hours during a 14-consecutive-hour on-duty window following 10 hours off duty. After 8 hours of driving, a minimum 30-minute break is required before further driving. Weekly limits cap driving at 60 hours in 7 consecutive days or 70 hours in 8 consecutive days, with a 34-hour restart provision available to reset the weekly clock. Short-haul drivers operating within a 150 air-mile radius of their home terminal may qualify for an exemption from ELD requirements and the 30-minute break.
ELD requirements under Part 395 Subpart B mandate that commercial drivers subject to the HOS rules use a registered electronic logging device to record duty status in real time. As of February 2026, FMCSA tightened enforcement by explicitly authorizing officers to place vehicles out of service if operating with a device that has been removed from FMCSA’s Registered ELD List.
Key Provisions
- Property carriers: 11-hour driving limit within a 14-hour on-duty window after 10 hours off.
- Mandatory 30-minute break after 8 consecutive hours of driving time.
- Weekly limits: 60 hours/7 days or 70 hours/8 days, with 34-hour restart provision.
- ELD use required for all drivers subject to HOS rules — paper logs permitted only for limited exemptions.
- Vehicles using revoked ELDs can be placed out of service immediately as of February 2026.
Why It Matters to Truck Owners
Hours of service is the single most enforced regulation in commercial trucking, and Part 395 violations are among the leading causes of trucks being placed out of service at roadside. An ELD that is not on FMCSA’s registered list — or that is malfunctioning without proper paper log backup — can stop a driver in their tracks. When buying or selling trucks, the ELD system installed on the vehicle matters: confirm it is on the FMCSA Registered ELD List before the transaction closes.
Frequently Asked Questions
What is the 11-hour driving rule?
Under 49 CFR 395.3, a property-carrying CMV driver may not drive more than 11 hours during the 14-hour on-duty window that begins after the driver has taken at least 10 consecutive hours off duty. Once a driver has reached 11 hours of driving or the 14-hour window expires, they must take at least 10 hours off before driving again.
What is the 34-hour restart provision?
The 34-hour restart allows a driver to reset their 60/70-hour weekly clock by taking at least 34 consecutive hours off duty. After the restart, the driver can begin a fresh 60 or 70-hour cycle. The restart provision allows drivers who have used most of their weekly hours to return to full availability without waiting out a full week.
What ELDs are currently approved for use?
Only ELDs listed on FMCSA’s Registered ELD List at fmcsa.dot.gov are compliant. The list changes as devices are added or removed. Carriers should verify their ELD is currently registered — operating with a revoked device can result in an immediate out-of-service order as of 2026.
Read the official legal text: 49 CFR Part 395 — eCFR.gov (official)
Related Federal Trucking Laws
- FAST Act (2015)
- Part 382 — Drug and Alcohol Testing
- Part 391 — Driver Qualifications
- Part 396 — Inspection, Repair, and Maintenance
- Part 381 — Waivers, Exemptions, and Pilot Programs
This page is provided for informational purposes only and is not legal advice. Always verify current requirements at fmcsa.dot.gov or with a qualified transportation attorney.
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