(a) Except as otherwise provided in § 395.1, no motor carrier shall permit or require any driver used by it to drive a property-carrying commercial motor vehicle, nor shall any such driver drive a property-carrying commercial motor vehicle, regardless of the number of motor carriers using the driver's services, unless the driver complies with the following requirements:
(1) Start of work shift. A driver may not drive without first taking 10 consecutive hours off duty;
(2) 14-hour period. A driver may not drive after a period of 14 consecutive hours after coming on-duty following 10 consecutive hours off-duty.
(3) Driving time and interruptions of driving periods—(i) Driving time. A driver may drive a total of 11 hours during the period specified in paragraph (a)(2) of this section.
(ii) Interruption of driving time. Except for drivers who qualify for either of the short-haul exceptions in § 395.1(e)(1) or (2), driving is not permitted if more than 8 hours of driving time have passed without at least a consecutive 30-minute interruption in driving status. A consecutive 30-minute interruption of driving status may be satisfied either by off-duty, sleeper berth or on-duty not driving time or by a combination of off-duty, sleeper berth and on-duty not driving time.
(b) No motor carrier shall permit or require a driver of a property-carrying commercial motor vehicle to drive, nor shall any driver drive a property-carrying commercial motor vehicle, regardless of the number of motor carriers using the driver's services, for any period after—
(1) Having been on duty 60 hours in any period of 7 consecutive days if the employing motor carrier does not operate commercial motor vehicles every day of the week; or
(2) Having been on duty 70 hours in any period of 8 consecutive days if the employing motor carrier operates commercial motor vehicles every day of the week.
(c)(1) Any period of 7 consecutive days may end with the beginning of an off-duty period of 34 or more consecutive hours.
(2) Any period of 8 consecutive days may end with the beginning of an off-duty period of 34 or more consecutive hours.
[76 FR 81188, Dec. 27, 2011, as amended at 78 FR 58485, Sept. 24, 2013; 78 FR 64181, Oct. 28, 2013; 84 FR 48081, Sept. 12, 2019; 85 FR 33452, June 1, 2020]
Notes of Decisions
Intl Bhd. of Teamsters v. Fmcsa, 986 F.3d 841 (9th Cir. 2021).
· cites it 6× “FMCSA 11 49 C.F.R. § 395.3 (a)(1) (2018), 1 and “may not drive after the end of the 14-consecutive-hour period without first taking 10 consecutive hours off duty,” id.”
Mickey Dilts v. Penske Logistics LLC, 769 F.3d 637 (9th Cir. 2014).
· cites it 4× “They therefore are not covered by other state laws or federal hours-of- service regulations, 49 C.F.R. § 395.3 , and would be without any hours- of-service limits if California laws did not apply to them.”
Greist v. Phillips, 906 P.2d 789 (Or. 1995).
· cites it 4× “49 C.F.R. 395.3. [4] From the evidence developed at trial, a reasonable juror could have inferred that the speedometer in the truck was not operative at the time of the accident.”
Rose v. Anderson Hay & Grain Co., 358 P.3d 1139 (Wash. 2015).
· cites it 2× “49 C.F.R. § 395.3 (b)(1). ¶3 In November 2009, Rose’s supervisor allegedly directed Rose to transport a load to Seattle, which would have put Rose over the 60-hour limit.”
Godfrey v. Oakland Port Servs. Corp., 24 Wage & Hour Cas.2d (BNA) 508 (Cal. Ct. App. 2014).
· cites it 4× “For the reasons discussed in this section, we hold that California’s meal and rest break laws, as generally applied to motor carriers, are not preempted, [f] Were we to construe Defendant’s argument as an ‘as applied’ challenge, we would reach the same conclusion and, if…”
White v. U.S. Corr., 996 F.3d 302 (5th Cir. 2021).
“19-51074 Companies covered under [Jeanna’s Act] must adhere to the maximum driving time provisions applicable to commercial motor vehicle operators, as set forth in Department of Transportation regulations at 49 C.F.R. § 395.3 which will apply regardless of whether a private…”
Julian v. Swift Transp. Co., 360 F. Supp. 3d 932 (D. Ariz. 2018).
· cites it 3× “49 C.F.R. § 395.3 . Somewhat simplified, a driver cannot be logged as "driving" or "on duty not driving" for more than "70 hours in any period of 8 consecutive days.”
Commonwealth v. Petroll, 738 A.2d 993 (Pa. 1999).
· cites it 2× “341; see 49 C.F.R. § 395.3 (establishing driving time limits).”
— 49 C.F.R. § 395.3(a) — 1 case
— 49 C.F.R. § 395.3(a)(1) — 1 case
— 49 C.F.R. § 395.3(a)(2) — 2 cases
— 49 C.F.R. § 395.3(a)(3) — 1 case
— 49 C.F.R. § 395.3(a)(3)(ii) — 2 cases
— 49 C.F.R. § 395.3(b) — 1 case
— 49 C.F.R. § 395.3(b)(1) — 1 case
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