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Updated Hours of Service

Hours of Service Rule Status: No Change for 2026, ELD Mandate Stable

FMCSA HOS rules under 49 CFR Part 395 are unchanged in 2026. The ELD mandate continues to apply to CMV drivers required to keep records of duty status, with limited exceptions.

The rules in force

Under 49 CFR Part 395, property-carrying CMV drivers may drive a maximum of 11 hours after 10 consecutive off-duty hours, may not drive after the 14th consecutive on-duty hour, and may not drive after 8 cumulative hours of driving without a consecutive 30-minute interruption. The break can be off duty, in the sleeper berth, or on duty not driving (49 CFR §395.3(a)(3)(ii)). The 60-hour-in-7-days or 70-hour-in-8-days duty-cycle limits apply; the 7- or 8-day period may be restarted with 34 or more consecutive hours off duty (§395.3(b)-(c)).

Passenger-carrying CMV drivers operate under a separate schedule (10-hour drive / 15-hour on-duty after 8 consecutive hours off duty / 60-or-70-hour cycle, §395.5).

ELD mandate is settled

The Electronic Logging Device (ELD) mandate under 49 CFR §395.8 has applied since December 18, 2017. Carriers that had installed Automatic On-Board Recording Devices (AOBRDs) before that date could keep using them until December 16, 2019. Today, drivers required to keep records of duty status (RODS) must use a registered ELD unless an exception in §395.8(a)(1)(ii) applies - for example, RODS required on no more than 8 days in any 30-day period, certain driveaway-towaway operations, or vehicles manufactured before model year 2000.

One small 2026 change: effective July 22, 2026, FMCSA rescinded the requirement to keep a copy of the ELD operator's manual in the vehicle (91 FR 37050).

Drivers who stay within a 150 air-mile radius of their normal work reporting location and return and are released from work within 14 consecutive hours continue to qualify for the short-haul RODS exception under §395.1(e)(1). That exception means no RODS or ELD is required, but the motor carrier must keep accurate time records for each driver for 6 months.

What inspectors check

HOS items inspectors check include the 11-hour driving limit, the 14-hour window, the 30-minute break, the 60/70-hour limits, and the accuracy of ELD records, including unassigned driving time and edits.

Source: 49 CFR Part 395 (eCFR): https://www.ecfr.gov/current/title-49/part-395

Carriers should run quarterly internal HOS audits using their ELD provider's back-office reports. Drivers consistently flagging close-to-limit warnings on the in-cab display should be reviewed for dispatch-driven violations.

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