CFR Part 395
Title 49, Part 395 of the Code of Federal Regulations, which establishes the hours-of-service rules for commercial motor vehicle drivers including daily drive time limits, mandatory rest breaks, and the 60/70-hour weekly limits.
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Compare ELD Compliance software →Structure of 49 CFR Part 395
Part 395 is organized into subparts and individual sections that together define the complete hours-of-service framework. Section 395.1 defines applicability and exemptions. Section 395.2 provides definitions for terms like 'adverse driving conditions,' 'on-duty time,' 'sleeper berth,' and 'workday.' Section 395.3 sets the maximum driving time limits for property-carrying vehicles. Section 395.5 covers passenger-carrying vehicles. Section 395.8 governs driver records of duty status (RODS) — the logbook requirement. Section 395.15 covers automatic on-board recording devices (the predecessor to ELDs). Sections 395.20–395.38 establish the ELD mandate, including technical standards, driver instructions, and malfunction protocols. Understanding which section governs which situation is essential for responding to inspection violations.
Section 395.8: Records of Duty Status Requirements
Section 395.8(f) specifies every field a record of duty status must contain: date, total miles driven, CMV power unit numbers, driver's name, name of carrier, main office address, 24-hour period starting time, name of co-driver, total time in each duty status, total hours, and shipping document number or name and address of shipper and commodity. A 'form and manner' violation under 395.8(f)(1) is cited when any required field is missing or illegible. These violations carry a CSA severity weight of 2 — low individually, but they accumulate quickly across a fleet and can push the HOS BASIC percentile above intervention thresholds. ELDs pre-populate most required fields automatically, which is the primary operational argument for ELD adoption beyond pure compliance.
Section 395.3: The Driving Time Limits Reference Card
Operational Scenario: Using Part 395 During a Roadside Inspection
How an officer reads an ELD log against Part 395
During a Level I inspection on I-40 in Oklahoma, a compliance officer reviews a driver's ELD log for the past 7 days. The officer is specifically checking: (1) whether the driver has had 10 consecutive off-duty hours before each driving period per 395.3(a)(1); (2) whether any driving period extends beyond 11 hours per 395.3(a)(3)(i); (3) whether the driver took a 30-minute break after 8 cumulative driving hours per 395.3(a)(3)(ii); and (4) whether cumulative on-duty time for the 7-day period exceeds 60 hours per 395.3(b)(1). If the ELD shows a 30-minute gap in driving at hour 8 but the status shows 'on-duty not driving' rather than 'off-duty' or 'sleeper berth,' the break does not satisfy the 395.3(a)(3)(ii) requirement. This is a common finding — drivers who use on-duty-not-driving status for meal breaks unknowingly invalidate their 30-minute break compliance.
- Print or download a copy of 49 CFR Part 395 from eCFR.gov and review it annually — FMCSA amends Part 395 periodically and changes take effect without broad notification to carriers
- Train dispatchers on the specific section citations used in violation notices — when a driver is cited under 395.3(a)(3)(ii), dispatchers need to understand what the 30-minute break rule actually requires vs. what the driver was doing
- Audit ELD duty-status entries for drivers who regularly log 'on-duty not driving' during meal breaks — if they're relying on those periods as 30-minute break compliance, they're exposed
- When building a HOS training program for drivers, use the actual CFR section numbers alongside plain-language explanations — drivers who understand the citation language are better equipped to contest errors during inspections
- Review Section 395.1(e) exemptions annually to confirm which, if any, apply to your operation — the short-haul exemption, adverse driving conditions extension, and oilfield exemptions each have specific conditions that must be documented