Truck Driver Hours of Service Rules

The Limits in Plain English

For drivers hauling property, federal rules in 49 CFR Part 395 set out the core limits.

• 11-hour driving limit — a driver may drive up to 11 hours after 10 consecutive hours off duty.
• 14-hour on-duty window — no driving beyond the 14th consecutive hour after coming on duty. Critically, this clock keeps running during loading, unloading, and waiting.
• 30-minute break — required after 8 cumulative hours of driving without an interruption of at least 30 minutes.
• 60/70-hour limits — no more than 60 hours on duty in 7 consecutive days, or 70 in 8, depending on the carrier’s schedule.
• 34-hour restart — the weekly count may reset with 34 or more consecutive hours off duty.
• Electronic logging — most carriers must record duty status electronically rather than on paper.

Why the 14-Hour Window Causes the Problems

The 11-hour driving limit is the one people know. The 14-hour window is the one that actually creates pressure.

It does not stop. A driver who arrives at a receiving dock and waits four hours to be unloaded has spent four hours of their driving window on a stationary trailer. That time is frequently unpaid, because much of the industry pays by the mile. The driver then has fewer hours left to cover the same distance, and a delivery appointment that has not moved.

That is the mechanism behind a great many fatigue crashes, and it is why responsibility often reaches past the driver. A carrier that accepts delivery windows which cannot be met while complying with the rules, or a shipper whose detention practices routinely consume drivers’ hours, has contributed to the conditions. See Who Is Liable.

Published By

Shiner Law Group, P.A.

Founded by David I. Shiner, Esq. · AV Preeminent® rated · Florida Bar member since 2002

Shiner Law Group was founded by David I. Shiner, Esq., a Nova Southeastern University law graduate, a member of The Florida Bar since 2002, and AV Preeminent® rated by Martindale-Hubbell. The firm represents injured people across Florida from offices in Boca Raton, West Palm Beach, Fort Lauderdale, Fort Pierce, Orlando, Wellington, and Belle Glade, and handles truck accident cases on contingency: free consultations, and no fee unless there is a recovery.

The firm works to keep this information current and consistent. Spotted something wrong? Email joseph@shinerlawgroup.com and we will fix it. About this site →

Exceptions, and How Often They Actually Apply

Several exceptions exist, and they are claimed more often than they apply:

• Adverse driving conditions — a limited extension for conditions that could not have been known in advance. Ordinary congestion generally does not qualify.
• Short-haul operations — relief for drivers operating within a defined radius and returning to the same location.
• Agricultural operations — relief within a defined distance during planting and harvest periods, which matters in Florida given the state’s produce and sugar operations.
• Emergency declarations — relief for direct assistance to emergency relief efforts, relevant during hurricane season. See Hurricane Evacuation Traffic.

Two points about all of them. Whether an exception applied to a specific trip is a factual question answered by records, not by the carrier’s characterization. And none of them waive the underlying duty: federal rules separately prohibit operating while ability is impaired by fatigue, whatever the clock says.

How Compliance Is Actually Proven

This is the reason fatigue is unusually provable compared with other crash causes:

• Electronic logging device records — the primary record of duty status and driving time.
• GPS and telematics pings — independent evidence of where the vehicle was and when.
• Fuel receipts and toll transactions — third-party timestamps that can contradict a log showing off-duty time.
• Dock check-in and check-out times — establishing detention and what the window actually contained.
• Dispatch and load assignment records — what the carrier asked for, and by when.
• Prior violation history — roadside inspection records and any FMCSA enforcement action.

When these sources disagree with one another, the discrepancy is itself powerful evidence. Most of it has a limited retention period, which is why preservation matters — see Black Box and ELD Evidence.

If You Were Hit by a Tired Driver

1. Note anything the driver says about their schedule — remarks about hours, deadlines, or distance driven are made at the scene and rarely repeated.
2. Photograph the scene, including the absence of skid marks, which can indicate no braking occurred.
3. Get medical care immediately, and within 14 days to preserve Florida PIP benefits.
4. Call law enforcement and get the crash report number.
5. Photograph the tractor and trailer separately, including the DOT number on the cab door.
6. Get witness contact information before traffic clears.
7. Do not give a recorded statement to the carrier’s insurer before speaking with an attorney.
8. Act quickly on evidence — camera footage and electronic data are overwritten within weeks.

If you are reading this after a crash, start with What to Do After a Truck Accident. Florida’s PIP statute (Fla. Stat. § 627.736) requires initial treatment within 14 days, and comparative negligence under Fla. Stat. § 768.81 reduces recovery by your fault share and bars it above 50%.

Hours of Service FAQ