U.S. · Trucking · HOS
34-hour restart.
The exact wording of 395.3(c), what it does and does not say, and a check on an off-duty period.
Under 49 CFR 395.3(c), any period of 7 or 8 consecutive days may end with the beginning of an off-duty period of 34 or more consecutive hours. That is what lets a driver start a new count toward the 60-hour or 70-hour limit. It is separate from the 10 consecutive hours off duty required to start a work shift.
Your off-duty period
Result
What the rule says
The restart is paragraph (c) of 49 CFR 395.3. The eCFR text read on November 2, 2026, is short:
(c)(1) Any period of 7 consecutive days may end with the beginning of an off-duty period of 34 or more consecutive hours. (2) Any period of 8 consecutive days may end with the beginning of an off-duty period of 34 or more consecutive hours.
Paragraph (b), just above it, sets the limits being restarted: no driving after 60 hours on duty in any period of 7 consecutive days if the employing motor carrier does not operate commercial motor vehicles every day of the week, or after 70 hours on duty in any period of 8 consecutive days if it does.
What the text does and does not say
The text says a 7 or 8 day period may end when an off-duty period of 34 or more consecutive hours begins. The old period ends there, and a new period begins with the off-duty time. The text sets one requirement for the restart itself: 34 or more consecutive hours off duty. It does not mention a minimum number of nights, time-of-day requirements or limits on how often a restart may be used, and this page does not add any.
The restart does not replace the daily requirement. Section 395.3(a)(1) separately says a driver may not drive without first taking 10 consecutive hours off duty. A 34-hour period exceeds 10 hours, so a driver who completes one has also satisfied that start-of-shift requirement, but a driver who takes only 10 to 33 hours off duty has not restarted the 7 or 8 day count.
Which cycle applies
The 60/7 or 70/8 split depends on the employing motor carrier, not the driver: 70 hours in 8 days if the carrier operates commercial motor vehicles every day of the week, 60 hours in 7 days if it does not. The calculator above lets you pick either and states which paragraph of (c) applies.
Sleeper berth and other time
The rule speaks of off-duty time. Whether sleeper berth time can make up part of the 34 hours is not addressed in 395.3(c); it speaks of an off-duty period. Check the current text of 395.1 and 395.3 and your carrier's policy, rather than assuming.
Worked example
A driver on a 70-hour, 8-day cycle has logged 68 hours on duty in the last 8 days, leaving 2 hours. The driver goes off duty on Friday at 18:00 and comes back on duty Sunday at 08:00, which is 38 consecutive hours. Because that is 34 or more, the 8 day period may end with the beginning of the off-duty period, and the 68 hours stop counting. Entering 38 above confirms it. Had the driver returned Saturday at 20:00, that would be 26 hours, 8 short of 34, and the 68 hours would still count.
Limits of this page
This page repeats what the rule says and does no more. Whether a particular trip, load or day complies is a question for the motor carrier, its compliance staff or counsel. The calculator only compares one block of hours to 34. It does not read your log, test whether the hours were all in off-duty status, or work out how many hours remain in a cycle afterward.
Sources
Sources opened and read November 2, 2026. Rule text quoted from the eCFR, which was current through October 29, 2026.
Frequently asked questions
What is the 34-hour restart?
A provision in 49 CFR 395.3(c) saying any period of 7 or 8 consecutive days may end with the beginning of an off-duty period of 34 or more consecutive hours.
Does the restart replace the 10-hour off-duty rule?
No. Section 395.3(a)(1) separately requires 10 consecutive hours off duty before driving. A 34-hour period is longer than 10 hours.
Does 33 hours off duty restart the cycle?
No. The text requires 34 or more consecutive hours.
Which cycle does a restart apply to?
Either. Paragraph (c)(1) covers 7 consecutive days and (c)(2) covers 8 consecutive days.
Does the rule limit how often a restart can be used?
The text of 395.3(c) read for this page contains no such limit.
Does the rule say the 34 hours must include certain times of day?
No. The text of 395.3(c) says only that the off-duty period be 34 or more consecutive hours.
What are the limits a restart resets?
The 60-hour limit in 7 days and the 70-hour limit in 8 days in 395.3(b).
Not legal or compliance advice
This page is general information drawn from the sources listed, not legal, tax or compliance advice, and it is not run by any government agency. Rules, forms and dates change and your agency, base jurisdiction or enforcement officer decides your case, so confirm with the office named on this page before you rely on it. Everything runs in your browser; nothing you enter is sent anywhere.