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§395.1. Scope of rules in this part. — Inbound Citations

49 C.F.R. § 395.1

Cited by 40 regulations in release Current.

Citations to 49 U.S.C. § 395.1 as a whole

  • (c) A driver operating a commercial motor vehicle under any exception under § 390.3(f) of this subchapter or § 395.1 who is not covered under paragraph (a) or (b) of this section must annotate the driver's ELD record to explain the applicable exemption.
  • (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) A driver may not drive without first taking 10 consecutive hours off duty;
    (2) A driver may not drive after a period of 14 consecutive hours after coming on-duty following 10 consecutive hours off-duty.
    (i) A driver may drive a total of 11 hours during the period specified in paragraph (a)(2) of this section.
    (ii) 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.
  • Subject to the exceptions and exemptions in § 395.1:

Citations to §395.1(b)

Citations to §395.1(c)

Citations to §395.1(d)

Citations to §395.1(e)

Citations to §395.1(e)(1)

  • (c) The exemptions in paragraphs (a) and (b) of this section are in addition to, not in place of, the agricultural exemptions and exceptions in §§ 383.3(d)(1), 383.3(e), 383.3(f), 391.2(a), 391.2(b), 391.2(c), 391.67, 395.1(e)(1), 395.1(e)(2), 395.1(h), 395.1(i), and 395.1(k) of this chapter. Motor carriers and drivers may utilize any combination of these exemptions and exceptions, providing they comply fully with each separate exemption and exception.
  • (2) In the case of specially trained drivers of commercial motor vehicles that are specially constructed to service oil wells, on-duty time shall not include waiting time at a natural gas or oil well site. Such waiting time shall be recorded as “off duty” for purposes of § 395.8, with remarks or annotations to indicate the specific off-duty periods that are waiting time, or on a separate “waiting time” line on the record of duty status to show that off-duty time is also waiting time. Waiting time shall not be included in calculating the 14-hour period in § 395.3(a)(2). Specially trained drivers of such commercial motor vehicles are not eligible to use the provisions of paragraph (e)(1) of this section.
  • (ii) 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.

Citations to §395.1(e)(1)(i)

Citations to §395.1(e)(2)

Citations to §395.1(f)

Citations to §395.1(g)

Citations to §395.1(g)(1)(i)(A)(1)

Citations to §395.1(g)(4)

Citations to §395.1(h)

Citations to §395.1(h)(1)(i)

Citations to §395.1(h)(1)(ii)

Citations to §395.1(i)

Citations to §395.1(j)

Citations to §395.1(k)

Citations to §395.1(l)

Citations to §395.1(m)

Citations to §395.1(n)

Citations to §395.1(o)

Citations to §395.1(p)

Citations to §395.1(q)

Citations to §395.1(r)

Citations to §395.1(s)

Citations to §395.1(t)

Citations to §395.1(u)

Citations to §395.1(v)

Citations to §395.1(w)

Citations to §395.1(x)