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34-HOUR RESTART - Section E

E-1 . Does 34 consecutive hours off duty automatically restart the calculation of the 60/70-hour on-duty period?

A driver may restart the 60/70-hour period by taking 34 or more consecutive hours off duty provided at the beginning of the 34-hour period, the driver has not accumulated more than 60 or 70 on-duty hours in the 7 or 8 consecutive day period. If a driver has exceeded the 60/70-hour on-duty limit, the driver may not utilize the 34-hour restart and must continue to operate under the provisions of section 395.3(b) to calculate the hours available under the 60/70-hour time limit. This would continue until the driver ends a 24 hour period under the 60/70-hour time limit.

Time spent to gain compliance with the 60/70-hour limitation may not be counted as part of a 34-hour re-start period. As soon as the driver ends a 24-hour period under the 60/70-hour limit, the driver has the option of either using any available time to drive up to the 60/70-hour limit and then beginning the 34-hour period, or remaining off duty for an additional 34-hour which would then restart the 7- or 8- day period.[Posted 12/30/03]

E-2. If a driver works at another job, unrelated to trucking, during his 34-hour off-duty restart period, and then begins a duty shift for the trucking company, does the 34-hour restart provision apply?

No. Performing compensated work for a person not a motor carrier is considered on-duty time.[Revised 12/30/03]

E-3. If a driver must take one or more days off to get into compliance with 60-/70-hour requirement, can that same time period be counted toward the 34-hour restart?

No. Time spent to gain compliance with the 60/70-hour limitation cannot be counted as part of a 34-hour restart period. As soon as the driver ends a 24-hour period under the 60/70 hour time limit, the driver has the option of either using any available time to drive up to the 60/70 hour time limit and then beginning the 34-hour period, or remaining off duty for 34 hours which would then restart the 7- or 8- day clock.[Posted 12/30/03]

E-4. Is use of the 34-hour restart period mandatory?

No. However, a motor carrier may establish an operating policy for utilizing the 34-hour reset when a driver qualifies for it under the provisions of 395.1(c)(1)(2).[Revised 2/2/04]

E-5. If a driver is on-call, but has not been called for 34 hours, may those 34 hours be counted as a 34-hour restart?

Yes, provided the carrier has not required the driver to report for work until after the 34-hour period has ended. [Posted April 2003]

E-6. How does a roadside inspector know that a 34-hour off duty period used during the previous 7/8 consecutive days may legally be used to restart a driver's 60/70-hour clock when the inspector does not have access to duty records prior to the restart to ensure the driver did not accumulate more than 60/70 hours on duty prior to the restart?

As stated in 395.8(k)(2), a driver shall retain a copy of each record of duty status for the previous 7 consecutive days which shall be in his/her possession and available for inspection while on duty. Therefore, during a roadside inspection a driver is only required to provide the inspector with records of duty status for the previous 7 consecutive days. Any time prior to this period would not be taken into account and the records reflecting the 34-hour restart should be accepted as accurate unless the inspector finds other records to prove the 34-hour restart was used inappropriately.[Posted 1/16/04]

E-7. If a driver takes the 34-hour reset in Canada just before entering the U.S., will it be recognized as such in the U.S.?

Yes. Duty status changes and periods occurring in Canada before entering the U.S. are included in hours-of-service calculations while in the U.S. [Posted 12/30/03]

E-8. How should the "recap" section of the logbook page be completed when using a 34-hour restart to begin a new 60/70 hour period?

The record of duty status (RODS) pages printed by most commercial firms include a "recap" on each page for drivers to calculate compliance with the 60/70 hour limits and show "time remaining" within those limits. This "recap," however, is not required or addressed by the Federal Motor Carrier Safety Regulations. Therefore, the "recap" may be completed in any manner desired.[Posted 2/24/04]