Safety Enforcement

Florida Hours of Service Rules

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The Hours of Service (HOS) regulations are issued by the Federal Motor Carrier Safety Administration and govern the working hours that drivers can oprate commercial motor vehicles. These rules limit the number of daily and weekly hours spend driving and working, and regulate the minmum amount of time drivers must spend between shifts. Section 316.302, Florida Statutes provides these hours for a person who operates a commercial motor vehicle solely in intrastate commerce.

Intrastate Hours of Service Rules
Driver may drive 12 hours after 10 consecutive hours off duty.
Driver may not drive after 16th hour after coming on duty following 10 consecutive hours off duty.
Driver may not drive after 70/80 hours on duty in 7/8 consecutive days. 34 consecutive hours off constitutes end of 7/8 day period.
Drivers who do not exceed 150 air mile radius and no placarded haz mat are exempt from maintaining a log book. Drivers not released from duty within 12 hours must document driving time.

Frequently Asked Questions

  • For the purpose of accumulating the required 10 hours of rest, may a driver combine consecutive off duty and sleeper berth time that amounts to at least 10 hours?

    Yes. Drivers may use the sleeper berth provisions contained in Part 395.1 of the FMCSR’s in order to meet the rest requirements of the intrastate regulations.

  • May drivers use split sleeper berth times to obtain the required 10 hours rest?

    Yes. Drivers may use the sleeper berth provisions contained in Part 395.1 of the FMCSR’s in order to meet the rest requirements of the intrastate regulations.

  • For drivers that operate within 150 air miles and are not required to maintain a log book, new rule requires the employer to document “drive time” & “on duty time” for any driver who is not released from duty within 12 hours. What format should this be kept in?

    There is no required format for these records as long as they document driving time. These records should be maintained for six months.

  • Would a driver that exceeds 16 hours on duty (without exceeding 12 hours driving) be required to have 34 hours off duty?

    No. This driver would only have to obtain 10 hours rest before returning to driving status.

  • Do the new intrastate rules allow for the 24 hour restart of the 7 or 8 day period for drivers transporting construction materials?

    Yes. The language in Section 316.302, Florida Statutes begins with “except as provided in 395.1…”, therefore any allowances in part 395.1 would apply to Florida’s intrastate rules.