The 34-hour restart is one of the most useful tools in the hours-of-service rules. Used well, it gives a driver a fresh weekly clock after a real break. Misunderstood, it leads to logs that look legal to the driver and illegal to an investigator.
Here is how the restart works for property-carrying drivers.
First, the weekly limits
Under 49 CFR 395.3, property-carrying drivers may not drive after being on duty:
- 60 hours in any 7 consecutive days, if the carrier does not operate every day of the week, or
- 70 hours in any 8 consecutive days, if the carrier operates vehicles every day of the week.
These limits are rolling. Every day, the oldest day drops off and the newest day is added. Drivers often call this their “recap.” Hours gained back each day depend on how much on-duty time they logged on the day that falls away.
Once a driver hits 60 or 70 hours, they cannot drive again until they get back under the limit.
What the restart does
The rule allows any period of 7 or 8 consecutive days to end with an off-duty period of at least 34 consecutive hours. When that happens, the 60 or 70 hour clock resets to zero.
Put simply: take 34 hours off in a row, and the weekly limit starts over.
A few important details:
- The 34 hours must be consecutive. Any on-duty time in the middle breaks it.
- Sleeper berth time counts toward the 34 hours, along with off-duty time.
- The restart is optional. A driver can instead manage hours day by day under the rolling limit.
- The restart resets the weekly limit only. The daily 11-hour driving limit and 14-hour window still apply after the restart, as always.
What about the old restrictions?
Some drivers remember extra conditions tied to the restart, such as requiring two periods from 1:00 a.m. to 5:00 a.m. and allowing only one restart per 168 hours. Those restrictions were suspended by Congress and are not being enforced under current rules. As things stand, a restart is simply 34 or more consecutive hours off duty.
Hours-of-service rules do change from time to time, so check the current version of 49 CFR 395.3 or FMCSA guidance if you hear otherwise.
Passenger carriers are different
The 34-hour restart applies to property-carrying drivers. Passenger-carrying drivers operate under different limits in 49 CFR 395.5, and the restart provision does not apply to them in the same way. If you run buses or motorcoaches, check the passenger rules directly.
Drivers covered by certain exceptions, such as some agricultural, oilfield or short-haul operations, may also have different rules. Confirm your specific situation with FMCSA.
When a restart makes sense
A restart is not always the best choice. It depends on the driver’s schedule.
A restart often helps when:
- The driver has run hard all week and is near the limit.
- The driver is going home for a weekend or planned time off anyway.
- A load is delayed and the driver will sit for a day and a half regardless.
Rolling hours may work better when:
- The driver works a steady, moderate schedule each day.
- Hours from a light day a week ago are about to drop off.
- Taking 34 hours off would mean missing work the driver could legally do.
Dispatchers should understand both options. Planning around a restart can keep a driver productive without pushing into violations.
How ELDs handle it
Most ELDs calculate available hours automatically, including when a restart is complete. But the device only knows what the driver logs. Common problems include:
- Logging a short on-duty event, such as fueling or moving the truck, in the middle of the 34 hours. That breaks the restart.
- Personal conveyance used incorrectly during the break. Personal conveyance is off-duty time only when it truly meets FMCSA’s guidance.
- Unassigned driving time that should belong to the driver.
Safety managers should review logs, not just trust the clock on the device. Supporting documents under 49 CFR 395.11 help confirm the log is accurate.
Before you accept a restart as valid, check:
- Is the driver property-carrying and subject to 60/7 or 70/8?
- Were there at least 34 consecutive hours off duty or in the sleeper berth?
- Was any on-duty or driving time logged during that period?
- Was any personal conveyance use legitimate?
- Does the ELD show the reset correctly?
Hours-of-service violations are among the most common findings in a compliance review. DOT Compliance Watch helps you keep HOS and ELD records and supporting documents organized by driver, so reviewing them before an audit is easier. You can also look up the rule text in our DOT regulations reference.
Make HOS easier to manage
The restart is simple once everyone understands the rule. Keep drivers and dispatchers on the same page and review logs regularly. Compare plans to find the right fit for your fleet.