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Part 395—Hours of Service of Drivers

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Part 395—Hours of Service of Drivers Pt. 395 49 CFR Ch. III (10–1–10 Edition) PART 395—HOURS OF SERVICE OF and security for the commercial motor DRIVERS vehicle and its cargo. However, that driver may not drive or be permitted to Sec. drive— 395.1 Scope of rules in this part. (i) For more than 13 hours in the ag- 395.2 Definitions. gregate following 10 consecutive hours 395.3 Maximum driving time for property- off duty for drivers of property-car- carrying vehicles. 395.5 Maximum driving time for passenger- rying commercial motor vehicles; carrying vehicles. (ii) After the end of the 14th hour 395.7 [Reserved] since coming on duty following 10 con- 395.8 Driver’s record of duty status. secutive hours off duty for drivers of 395.10 [Reserved] property-carrying commercial motor 395.11 Supporting documents for drivers using EOBRs. vehicles; 395.12 [Reserved] (iii) For more than 12 hours in the 395.13 Drivers declared out of service. aggregate following 8 consecutive 395.15 Automatic on-board recording de- hours off duty for drivers of passenger- vices. carrying commercial motor vehicles; 395.16 Electronic on-board recording de- vices. or 395.18 Matter incorporated by reference. (iv) After he/she has been on duty 15 APPENDIX A TO PART 395—ELECTRONIC ON- hours following 8 consecutive hours off BOARD RECORDER PERFORMANCE SPECI- duty for drivers of passenger-carrying FICATIONS commercial motor vehicles. AUTHORITY: 49 U.S.C. 508, 13301, 13902, 31133, (2) Emergency conditions. In case of 31136, 31502, 31504, and § 204, Pub. L. 104–88, 109 any emergency, a driver may complete Stat. 803, 941 (49 U.S.C. 701 note); Sec. 114, his/her run without being in violation Pub. L. 103–311, 108 Stat. 1673, 1677; Sec. 217, of the provisions of the regulations in Pub. L. 106–159, 113 Stat. 1748, 1767; and 49 this part, if such run reasonably could CFR 1.73. have been completed absent the emer- SOURCE: 33 FR 19758, Dec. 25, 1968, unless gency. otherwise noted. (c) Driver-salesperson. The provisions EDITORIAL NOTE: Nomenclature changes to of § 395.3(b) shall not apply to any driv- part 395 appear at 66 FR 49874, Oct. 1, 2001. er-salesperson whose total driving time does not exceed 40 hours in any period § 395.1 Scope of rules in this part. of 7 consecutive days. (a) General. (1) The rules in this part (d) Oilfield operations. (1) In the in- apply to all motor carriers and drivers, stance of drivers of commercial motor except as provided in paragraphs (b) vehicles used exclusively in the trans- through (q) of this section. portation of oilfield equipment, includ- (2) The exceptions from Federal re- ing the stringing and picking up of pipe quirements contained in paragraphs (l) used in pipelines, and servicing of the and (m) of this section do not preempt State laws and regulations governing field operations of the natural gas and the safe operation of commercial oil industry, any period of 8 consecu- motor vehicles. tive days may end with the beginning (b) Adverse driving conditions. (1) Ex- of any off-duty period of 24 or more cept as provided in paragraph (h)(2) of successive hours. this section, a driver who encounters (2) In the case of specially trained adverse driving conditions, as defined drivers of commercial motor vehicles in § 395.2, and cannot, because of those which are specially constructed to conditions, safely complete the run service oil wells, on-duty time shall within the maximum driving time per- not include waiting time at a natural mitted by § 395.3(a) or § 395.5(a) may gas or oil well site; provided, that all drive and be permitted or required to such time shall be fully and accurately drive a commercial motor vehicle for accounted for in records to be main- not more than 2 additional hours in tained by the motor carrier. Such order to complete that run or to reach records shall be made available upon a place offering safety for the occu- request of the Federal Motor Carrier pants of the commercial motor vehicle Safety Administration. 486 VerDate Mar<15>2010 08:20 Dec 16, 2010 Jkt 220216 PO 00000 Frm 00496 Fmt 8010 Sfmt 8010 Y:\SGML\220216.XXX 220216 jdjones on DSK8KYBLC1PROD with CFR Federal Motor Carrier Safety Administration, DOT § 395.1 (e) Short-haul operations—(1) 100 air- (iii) The driver returns to the normal mile radius driver. A driver is exempt work reporting location at the end of from the requirements of § 395.8 if: each duty tour; (i) The driver operates within a 100 (iv) The driver has at least 10 con- air-mile radius of the normal work re- secutive hours off duty separating each porting location; on-duty period; (ii) The driver, except a driver-sales- (v) The driver does not drive more person, returns to the work reporting than 11 hours following at least 10 con- location and is released from work secutive hours off-duty; within 12 consecutive hours; (vi) The driver does not drive: (iii)(A) A property-carrying commer- (A) After the 14th hour after coming cial motor vehicle driver has at least 10 on duty on 5 days of any period of 7 consecutive hours off duty separating consecutive days; and each 12 hours on duty; (B) After the 16th hour after coming (B) A passenger-carrying commercial on duty on 2 days of any period of 7 motor vehicle driver has at least 8 con- consecutive days; secutive hours off duty separating each (vii) The driver does not drive: 12 hours on duty; (A) After having been on duty for 60 (iv)(A) A property-carrying commer- hours in 7 consecutive days if the em- cial motor vehicle driver does not ex- ploying motor carrier does not operate ceed 11 hours maximum driving time commercial motor vehicles every day following 10 consecutive hours off-duty; of the week; or (B) After having been on duty for 70 hours in 8 consecutive days if the em- (B) A passenger-carrying commercial ploying motor carrier operates com- motor vehicle driver does not exceed 10 mercial motor vehicles every day of hours maximum driving time following the week; 8 consecutive hours off duty; and (viii) Any period of 7 or 8 consecutive (v) The motor carrier that employs days may end with the beginning of the driver maintains and retains for a any off-duty period of 34 or more con- period of 6 months accurate and true secutive hours. time records showing: (ix) The motor carrier that employs (A) The time the driver reports for the driver maintains and retains for a duty each day; period of 6 months accurate and true (B) The total number of hours the time records showing: driver is on duty each day; (A) The time the driver reports for (C) The time the driver is released duty each day; from duty each day; and (B) The total number of hours the (D) The total time for the preceding driver is on duty each day; 7 days in accordance with § 395.8(j)(2) (C) The time the driver is released for drivers used for the first time or from duty each day; intermittently. (D) The total time for the preceding (2) Operators of property-carrying com- 7 days in accordance with § 395.8(j)(2) mercial motor vehicles not requiring a for drivers used for the first time or commercial driver’s license. Except as intermittently. provided in this paragraph, a driver is (f) Retail store deliveries. The provi- exempt from the requirements of § 395.3 sions of § 395.3 (a) and (b) shall not and § 395.8 and ineligible to use the pro- apply with respect to drivers of com- visions of § 395.1(e)(1), (g) and (o) if: mercial motor vehicles engaged solely (i) The driver operates a property- in making local deliveries from retail carrying commercial motor vehicle for stores and/or retail catalog businesses which a commercial driver’s license is to the ultimate consumer, when driv- not required under part 383 of this sub- ing solely within a 100-air mile radius chapter; of the driver’s work-reporting location, (ii) The driver operates within a 150 during the period from December 10 to air-mile radius of the location where December 25, both inclusive, of each the driver reports to and is released year. from work, i.e., the normal work re- (g) Sleeper berths—(1) Property-car- porting location; rying commercial motor vehicle—(i) In 487 VerDate Mar<15>2010 08:20 Dec 16, 2010 Jkt 220216 PO 00000 Frm 00497 Fmt 8010 Sfmt 8010 Y:\SGML\220216.XXX 220216 jdjones on DSK8KYBLC1PROD with CFR § 395.1 49 CFR Ch. III (10–1–10 Edition) General. A driver who operates a prop- (2) Specially trained driver of a spe- erty-carrying commercial motor vehi- cially constructed oil well servicing com- cle equipped with a sleeper berth, as mercial motor vehicle at a natural gas or defined in §§ 395.2 and 393.76 of this sub- oil well location. A specially trained chapter, driver who operates a commercial (A) Must, before driving, accumulate motor vehicle specially constructed to (1) At least 10 consecutive hours off service natural gas or oil wells that is duty; equipped with a sleeper berth, as de- (2) At least 10 consecutive hours of fined in §§ 395.2 and 393.76 of this sub- sleeper-berth time; chapter, or who is off duty at a natural (3) A combination of consecutive gas or oil well location, may accumu- sleeper-berth and off-duty time late the equivalent of 10 consecutive amounting to at least 10 hours; or hours off duty time by taking a com- (4) The equivalent of at least 10 con- bination of at least 10 consecutive secutive hours off duty if the driver hours of off-duty time, sleeper-berth does not comply with paragraph time, or time in other sleeping accom- (g)(1)(i)(A)(1), (2), or (3) of this section; modations at a natural gas or oil well location; or by taking two periods of (B) May not drive more than 11 hours rest in a sleeper berth,
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