Wisconsin Motor Carriers Association

Drivers' Hours of Service Regulations - Effective Oct. 1, 2005

2003 Rule Property-Carrying CMV Drivers Compliance Through 09/30/05	2005 Rule Property-Carrying CMV Drivers Compliance On & After 10/01/05
May drive a maximum of 11 hours after 10 consecutive hours off duty.	NO CHANGE
May not drive beyond the 14th hour after coming on duty, following 10 consecutive hours off duty.	NO CHANGE
May not drive after 60/70 hours on duty in 7/8 consecutive days. A driver may restart a 7/8 consecutive day period after taking 34 or more consecutive hours off duty.	NO CHANGE
Commercial Motor Vehicle (CMV) drivers using a sleeper berth must take 10 hours off duty, but may split sleeper-berth time into two periods provided neither is less than 2 hours.	CMV drivers using the sleeper berth provision must take at least 8 consecutive hours in the sleeper berth, plus 2 consecutive hours either in the sleeper berth, off duty, or any combination of the two.

Passenger-carrying carriers/drivers are not subject to the new hours-of-service rules. These operations must continue to comply with the hours-of-service limitations specified in 49 CFR 395.5.

Short-Haul Provision

Drivers of property-carrying CMVs which do not require a Commercial Driver's License for operation and who operate within a 150 air-mile radius of their normal work reporting location:

• May drive a maximum of 11 hours after coming on duty following 10 or more consecutive hours off duty.
• Are not required to keep records-of-duty status (RODS).
• May not drive after the 14th hour after coming on duty 5 days a week or after the 16th hour after coming on duty 2 days a week.
  
  Employer must:
  Maintain and retain accurate time records for a period of 6 months showing the time the duty period began, ended, and total hours on duty each day in place of RODS.

Drivers who use the above-described Short-haul provision are not eligible to use 100 Air-mile provision 395.1(e) or the current 16-hour exception in 395.1 (o).

Here is a link to the driver's brochure and more detailed information on the new rule is at the FMCSA website.

IMPORTANT NOTE: Although the new HOS rules apply to INTERSTATE COMMERCE, any INTRASTATE driver who begins a trip in interstate commerce must continue to meet the maximum driving and on duty requirements of 49 CFR 395.3(a) and (b) through the end of the next 7 to 8 consecutive days, depending on which rule the motor carrier operates under. The driver must continue to comply with the requirements of 49 CFR Part 395, even if he/she operates exclusively in intrastate commerce for the remainder of the 60/70-hour period (7/8 days) at the end of the interstate trip. The driver must also continue to comply with the 11- and 14-hour rules as well as the 60 or 70-hour rules for the remainder of that day, and the following 7 or 8 days.

This page last updated: April 27, 2011