Hours of Service (HOS) Passenger Cycle not Restarting after 34 hours of OFF Duty

Applies To

  • Passenger Rulesets
  • HOS
  • MyGeotab
  • Geotab Drive

Cause

Driver is on the USA Passenger 70-hour/8-day which does not have a 34 hour cycle restart

Answer

The Passenger Rulesets are not allowed to have 34 hour Cycle Restarts as per Section 395.5 of the ELD mandate. Because there is no Restart on such Rulesets, therefore, the driver can be in a violation even though he was OFF duty for over 2 days. 

Additional Notes

Some examples from the Ruleset Matrix:

The following excerpt is from the ELD mandate:

§395.5   Maximum driving time for passenger-carrying vehicles.

Subject to the exceptions and exemptions in §395.1:
(a) No motor carrier shall permit or require any driver used by it to drive a passenger-carrying commercial motor vehicle, nor shall any such driver drive a passenger-carrying commercial motor vehicle:
(1) More than 10 hours following 8 consecutive hours off duty; or
(2) For any period after having been on duty 15 hours following 8 consecutive hours off duty.
(b) No motor carrier shall permit or require a driver of a passenger-carrying commercial motor vehicle to drive, nor shall any driver drive a passenger-carrying commercial motor vehicle, regardless of the number of motor carriers using the driver's services, for any period after—
(1) Having been on duty 60 hours in any 7 consecutive days if the employing motor carrier does not operate commercial motor vehicles every day of the week; or
(2) Having been on duty 70 hours in any period of 8 consecutive days if the employing motor carrier operates commercial motor vehicles every day of the week.
[70 FR 50073, Aug. 25, 2005]