News & Insights

The 2025-2026 school year is already half-way over, and for many contractors this means peak sports and activities season is only right around the corner. As contractors know, there is plenty of extra work to go around during this time of year, and many drivers jump at the opportunity to pick up extra trips. Although it is great to have employees eager to take on additional work, transportation contractors should be mindful of federal hours of service requirements, and ensure that their drivers remain in compliance.

In the interest of furthering safety on the roadway, FMCSA regulates the maximum amount of time drivers may be on-duty when transporting property and passengers. Hours of service regulations for drivers of passenger carrying vehicles are located 49 C.F.R. §395.5. This regulation provides that CDL holders may not drive a passenger carrying commercial motor vehicle for more than ten (10) hours following eight (8) consecutive hours off-duty, or for any period after having been on-duty for fifteen (15) hours following eight (8) consecutive hours off-duty. 49 C.F.R. §395(a). In short, drivers must have a full eight (8) hours of off-duty time before they are able to drive again after reaching ten (10) hours of driving or (15) hours of being on-duty. This regulation also establishes a cumulative fatigue rule, capping on-duty hours at sixty (60) hours in any seven (7) consecutive days if the motor carrier does not operate every day of the week, or seventy (70) hours in any eight (8) consecutive days if the motor carrier does operate every day of the week. 49 C.F.R. §395.5(b).

FMCSA defines “on-duty time” as the time from when the driver begins to work, or is required to be in readiness to work, until the time that the driver is relieved from work and work responsibilities. 49 C.F.R. §395.2. It may be obvious that driving a school bus is considered on-duty time. Less obvious, however, is that time spent performing activities like pre-trip inspections, or working another job (even if that job does not require a CDL), is also considered on-duty time, and therefore will count towards the cap before eight (8) hours of off-duty time is required before driving again.

This is especially important for contractors during the spring sports and activities trip season, as drivers may be picking up extra shifts in addition to driving their normal home-to-school routes. School bus drivers that have other part-time jobs are even more likely to run into potential hours of service compliance issues. So, contractors should be mindful to keep track of driving hours, and ensure that drivers are aware of the hours of service limitations, especially if they are picking up additional trips and work other jobs.

Contractors should also be aware that, under the Short Haul Operations Exemption, drivers do not have to keep Record of On Duty Status logs when a driver ends their trip within a 150 air mile radius from the start location, the driver returns to the start location within 14 hours or less, and the driver has not driven for more than 10 hours total. 49 C.F.R. §395.1(e)(1)(i)-(iii). If this exemption applies, contractors are still required to maintain the time that a driver reports to work each day, the total number of on-duty hours each day, the time the driver is released from duty, and the total on-duty time for drivers in the last 7 days. 49 C.F.R. §395.1(e)(1)(iv). If contractors have any additional questions regarding hours of service, please contact help@rckelly.com or call us at 215-896-3846.