FMCSA Part 395

Part 395 of Title 49 of the Code of Federal Regulations contains the Hours of Service (HOS) rules that apply to drivers of commercial motor vehicles (CMVs) in interstate commerce. These regulations are administered and enforced by the Federal Motor Carrier Safety Administration (FMCSA) and set the maximum driving and on-duty times, mandatory rest periods, and recordkeeping requirements for CMV operators.

Key provisions of Part 395 include Section 395.3, which establishes driving limits and rest requirements; Section 395.5, which covers maximum driving time for passenger-carrying vehicles; Section 395.8, which mandates the use of ELDs or records of duty status; and Section 395.1, which defines scope and exemptions including the short-haul exemption and adverse driving conditions exception.

Part 395 has been amended multiple times to reflect technological changes and safety research. The 2020 final rule introduced greater flexibility in the 30-minute break requirement, expanded the short-haul exemption, and modified the adverse driving conditions exception. Understanding the nuances of Part 395 is essential for carrier compliance departments and drivers alike.