The 34-hour restart rule explained: current FMCSA requirements, worked log examples

The 34-Hour Restart Rule: Requirements, Mistakes, and Audit Risk

Contents

KEY TAKEAWAYS

  • A restart needs 34 or more consecutive hours off duty. 33 hours and 59 minutes is not a restart.
  • The restart resets the weekly limit (60 hours in 7 days or 70 hours in 8 days), not just one day's clock.
  • There is no 1 a.m. to 5 a.m. requirement and no once-per-week limit. Both were removed by FMCSA's 2019 final rule.
  • One on-duty entry during the 34 hours, even a 15-minute yard move, splits the off-duty period and cancels the restart.
  • Auditors compare restart periods against fuel, toll, dispatch, and ELD records. A restart that the records do not support becomes an HOS finding.

A 34-hour restart looks simple on paper: stop working for 34 hours and your weekly clock goes back to zero. Most restart problems come from one short on-duty entry in the middle that quietly cancels the whole thing.

Disclosure: Informational only. We are not FMCSA or USDOT. Always verify your status directly through official FMCSA systems. 

What Is the 34-Hour Restart Rule?

The 34-hour restart lets a property-carrying driver reset the 60-hour/7-day or 70-hour/8-day limit to zero by taking 34 or more consecutive hours off duty. It is optional. The old requirements to include two 1 a.m. to 5 a.m. periods and to use the restart only once every 168 hours are no longer in effect. FMCSA removed them in a September 2019 final rule. Any on-duty or driving time during the 34 hours breaks the restart, and the count starts over.

This guide covers only the restart: what it resets, the exact conditions, worked examples with log entries, and the log errors that show up in audits. For the full set of hours of service rules, start with our HOS guide.

What Does the 34-Hour Restart Do?

The restart ends your current 7-day or 8-day period and starts a new one with a full weekly allowance. Without it, the weekly limit is a rolling total: each day, the oldest day drops off and the newest day is added.

The 60-hour/7-day and 70-hour/8-day limits

FMCSA’s Safety Planner sets the weekly limit by how your carrier operates:

60-Hour vs. 70-Hour HOS Limits

Weekly on-duty limits depend on how many days the motor carrier operates.

Carrier Schedule Weekly Limit Look-Back Period
Does not operate CMVs every day of the week 60 hours
on duty
7 consecutive days
Operates CMVs every day of the week 70 hours
on duty
8 consecutive days
i HOS reminder: These are the cumulative on-duty limits under 49 CFR § 395.3(b). The applicable limit depends on the carrier’s operating schedule. A qualifying 34-hour restart may reset the calculation when the regulatory requirements are met.

On-duty time includes driving and on-duty not-driving work such as loading, fueling, inspections, and paperwork. Once you reach the limit, you cannot drive again until enough old hours roll off or you complete a restart. For the full math, see our 60/70-hour rule guide.

What the restart does not change

The restart does not change the 11-hour limit, the 14-hour rule, or the 30-minute break after 8 hours of driving. Because 34 hours off is longer than 10 hours off, you also start a fresh 14-hour window when you come back on duty. Every daily limit still applies from that point.

What Are the Current Restart Requirements?

Under 49 CFR 395.3(c), a property-carrying driver may end a 7-day or 8-day period by taking an off-duty period of 34 or more consecutive hours. In practice, a valid restart today has four conditions:

  1. 34 hours or more. Count from the moment you go off duty to the moment you next go on duty.
  2. Consecutive. The period cannot be interrupted by on-duty or driving time.
  3. Logged accurately. The time must appear on your record of duty status as off duty, and your supporting records must match.
  4. Optional. You do not have to take a restart. You can also manage the weekly limit by letting hours roll off.

Is the 1 a.m. to 5 a.m. restart rule still in effect?

No. A December 2011 rule required every restart to include two periods from 1 a.m. to 5 a.m. and allowed only one restart every 168 hours. Congress suspended both provisions through appropriations acts pending a restart study. FMCSA reports the study found no statistically significant safety benefit, and under the 2017 appropriations act the provisions became void. FMCSA removed them from the regulation in a final rule published and effective September 12, 2019.

That means you can start a restart at any hour and take more than one restart in a week. If your ELD, dispatch software, or training material still checks for the 1 a.m. to 5 a.m. window, update it.

Worked Examples: Restart Math With Log Entries

Each example uses a driver on the 70-hour/8-day schedule. Times are in the driver’s home terminal time zone, which is how the log is kept.

Example 1: A valid restart

Example: 34-Hour Restart Period

Follow the driver’s uninterrupted off-duty time from Friday evening through Sunday morning.

Log Entry Status Running Off-Duty Time
Friday
6:00 p.m.
Off duty begins 0 hours
Saturday
6:00 p.m.
Off duty continues 24 hours
Sunday
4:00 a.m.
On duty (pre-trip inspection) 34 hours
i HOS reminder: A qualifying 34-hour restart must include at least 34 consecutive hours off duty or in sleeper berth, or a combination of both. The restart provision applies to the 60/70-hour limit under 49 CFR § 395.3(b).

Result: 34 consecutive hours off duty. The restart is valid. The driver starts a new 8-day period with 70 hours available and a fresh 14-hour window at 4:00 a.m. Sunday.

Example 2: A short yard move breaks the restart

Example: Interrupted Off-Duty Period

See how an on-duty activity breaks the consecutive off-duty period.

Log Entry Status Length of Segment
Friday 6:00 p.m. to Saturday 10:00 a.m. Off duty 16 hours
Saturday 10:00 a.m. to 10:45 a.m. On duty (moved trailer, signed paperwork) 45 minutes
Saturday 10:45 a.m. to Sunday 4:00 a.m. Off duty 17 hours 15 minutes
i HOS reminder: The 45-minute on-duty activity interrupts the consecutive off-duty period. The two off-duty segments cannot be added together to establish a qualifying 34-hour restart under 49 CFR § 395.3(b).

Result: No restart. Neither off-duty segment reaches 34 hours. The driver’s previous days still count toward the 70-hour limit, plus the 45 minutes logged Saturday. To restart, the driver needs 34 consecutive hours off counted from 10:45 a.m. Saturday, which means staying off duty until at least 8:45 p.m. Sunday.

Example 3: Short by 30 minutes

Example: 34-Hour Restart Falls Short

A driver returns to on-duty status before completing the required restart period.

Log Entry Status Running Off-Duty Time
Friday
6:00 p.m.
Off duty begins 0 hours
Sunday
3:30 a.m.
On duty 33 hrs 30 min

Restart requirement not met

The driver completed 33 hours and 30 minutes of consecutive off-duty time, which is 30 minutes short of the 34-hour requirement. This period does not qualify as a 34-hour restart.

i HOS reminder: Under 49 CFR § 395.3(b), a qualifying restart requires at least 34 consecutive hours off duty or in sleeper berth, or a combination of both. The driver must complete the full qualifying period before relying on the restart provision.

Result: No restart. There is no rounding. If the driver had 66 hours in the last 8 days, only 4 hours remain, and a 10-hour Sunday shift would exceed the limit.

Example 4: Rolling hours without a restart

A driver logs 10, 9, 10, 9, 10, 9, and 8 on-duty hours over 7 days, for 65 hours. On day 8, 5 hours remain under the 70-hour limit. On day 9, the first day’s 10 hours drop off, so the driver regains time without a restart. The restart is a choice, not the only way back to available hours.

Which Restart Log Mistakes Show Up in Audits?

In a compliance investigation or roadside inspection, the question is simple: does the record prove 34 consecutive hours off duty? These are the errors that most often answer no.

Common 34-Hour Restart Log Mistakes

Recording errors that can affect HOS calculations and create compliance concerns.

Log Mistake Why It Is a Problem
Work logged as off duty during the restart Fueling, yard moves, or paperwork are on-duty time. Logging them as off duty creates an inaccurate record and interrupts the qualifying restart period.
Restart counted a few minutes short 33.5 hours is not 34. The driver cannot use the restart provision, and the next shift may push the driver over the weekly limit.
Wrong cycle selected in the ELD A 60/7 setting on a 70/8 carrier, or the reverse, can display an incorrect available-hours calculation.
Supporting records conflict with the log Fuel receipts, toll records, dispatch messages, or GPS data during the restart period may contradict the recorded off-duty status.
Edits without a clear note Changing a restart period after the fact without an explanation can raise questions during an audit or review.
Outdated rule assumptions Planning restarts around 1 a.m. to 5 a.m. or assuming only one restart per week can unnecessarily limit available hours and reflect outdated training.
i Compliance reminder: Keep ELD records accurate, verify the correct 60/7 or 70/8 cycle, and retain supporting documents. The 34-hour restart provision does not require a specific overnight window or limit drivers to one restart per week. See 49 CFR § 395.3(b).

These errors are recorded under the Hours-of-Service Compliance BASIC and can appear as HOS violations in roadside and audit findings. Carriers must keep records of duty status and supporting documents for 6 months under 49 CFR 395.8, so a weak restart can surface months later.

How Do You Avoid Restart Findings?

Use this checklist before a driver counts a restart.

For drivers

  • Note the exact time you went off duty, and do not go back on duty until at least 34 hours later.
  • Log every task as on duty, including short yard moves, fueling, and signing paperwork.
  • Confirm your ELD shows the correct cycle (60/7 or 70/8) and that the new period started.

For dispatchers and safety managers

  • Do not send load assignments that require work during a driver’s restart.
  • Plan restarts by hours, not by calendar days. “Off for the weekend” is not always 34 hours.
  • Spot-check restart periods against fuel, toll, and dispatch records each month.
  • Remove 1 a.m. to 5 a.m. and once-per-week rules from training and planning tools.
  • For team drivers, calculate each driver’s restart from that driver’s own log.

For a broader review of logs and devices, see our HOS and ELD guide.

FAQs

Is the 34-hour restart mandatory?

No. The restart is optional. A driver can stay under the 60-hour or 70-hour limit by letting older hours roll off instead.

Do I still need two 1 a.m. to 5 a.m. periods?

No. FMCSA removed that requirement, along with the once-per-168-hours limit, in a final rule effective September 12, 2019.

Can I take more than one 34-hour restart in a week?

Yes. The once-per-week limit no longer applies. Each restart only needs 34 or more consecutive hours off duty.

Does a short on-duty task cancel my restart?

Yes. Any on-duty or driving time during the 34 hours breaks the off-duty period. The count starts over when you go back off duty.

Does the 34-hour restart reset the 11-hour and 14-hour limits?

The restart resets the weekly limit. Because 34 hours off is more than the 10 hours off required before a new shift, you also start a new 14-hour window with 11 hours of driving available.

Does the 34-hour restart apply to bus and passenger drivers?

The restart provision is in 49 CFR 395.3, which covers property-carrying drivers. Passenger-carrying drivers follow 49 CFR 395.5, which has different limits.

Get Your Restarts Audit-Ready

A restart only protects your hours if the log and the supporting records prove it. SafeRoad Compliance reviews driver logs, ELD settings, and dispatch practices so restart errors are caught before an investigator finds them. Explore our DOT compliance services or contact SafeRoad Compliance for an HOS log review.

This article is general information, not legal advice. Check the current regulations on FMCSA’s website before making compliance decisions.

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SafeRoad Compliance shares practical guidance to help trucking companies understand and manage DOT and FMCSA compliance requirements. Our team provides clear, industry-focused insights on driver qualification, MVRs, audits, and transportation compliance. We make complex compliance requirements easier to understand, follow, and maintain.

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