Quick Answer
Truck drivers must take a 30-minute break after 8 cumulative hours of driving time. This break can be satisfied by any non-driving period of 30 consecutive minutes including off-duty, sleeper berth, or on-duty not driving status.
Current Rule (Updated 2020)
What Changed
The FMCSA modified the 30-minute break rule in September 2020 to provide more flexibility:
Old Rule (Pre-2020):
- Required after 8 hours on-duty time
- Only off-duty time counted
- More restrictive for drivers
Current Rule:
- Required after 8 hours of driving time
- Any non-driving status counts
- On-duty not driving now qualifies
Key Requirements
The break must be:
- 30 consecutive minutes (cannot split into smaller breaks)
- After 8 cumulative hours of actual driving
- Any non-driving status (off-duty, sleeper berth, or on-duty not driving)
- Completed before driving again after reaching 8 hours
Understanding the 8-Hour Trigger
Driving Time vs On-Duty Time
Critical distinction that affects when you need a break:
Driving Time: Only when vehicle is in motion
- Counts toward 8-hour break requirement
- Tracked automatically by ELD devices
- Resets after qualifying break
On-Duty Time: All work activities
- Does NOT trigger break requirement
- Includes loading, fueling, inspections
- Still counts toward 14-hour limit
Practical Examples
Scenario 1: Mixed Activities
- 2 hours driving
- 3 hours loading (on-duty not driving)
- 6 hours driving
- Break required: After 8 total hours of driving
Scenario 2: Continuous Driving
- 8 straight hours driving
- Break required: Must stop before continuing
Scenario 3: Split Day
- 4 hours driving (morning)
- 2 hours dock work
- 4 more hours driving
- Break required: After the 8th hour of driving
What Counts as a Valid Break
Qualifying Activities
Any of these satisfy the requirement:
Off-Duty Time
- Meal breaks
- Personal time
- Rest periods
- Bathroom breaks (if 30+ minutes)
Sleeper Berth
- Resting in sleeper
- Part of split sleeper berth provision
- Counts even if not sleeping
On-Duty Not Driving
- Loading/unloading
- Fueling
- Vehicle inspections
- Paperwork
- Waiting at shipper/receiver
What Doesn't Count
- Driving (any vehicle movement)
- Personal conveyance while driving
- Yard moves if logged as driving
- Multiple breaks under 30 minutes
Strategic Break Planning
Optimal Timing
Smart drivers plan breaks around:
Natural Stops
- Fuel stops (usually 30-45 minutes)
- Loading/unloading windows
- Meal times
- Traffic congestion periods
Distance Considerations
- 7.5 hours driving = 400-500 miles typically
- Plan stops at major truck stops
- Consider parking availability
- Account for weather conditions
Combining with Other Requirements
With Fuel Stops
- Fuel at 7-7.5 hours driving
- Complete inspection during fueling
- Grab meal if needed
- Single stop satisfies multiple needs
With Customer Delays
- Detention time counts as break
- Stay on-duty not driving
- Document wait time
- Turn negative into compliance positive
Common Violations and Penalties
Top Violations
-
No break taken (most common)
- Fine: $1,000-$2,750 for drivers
- Carrier fine: Up to $11,000
- CSA points: 7 points (Fatigued Driving)
-
Break too short (28 minutes instead of 30)
- Same penalties as no break
- Often catches drivers rushing
-
Wrong status during break
- Logging as driving during break
- ELD malfunction not noted
- Paper log errors
Enforcement Reality
DOT officers specifically check:
- ELD records for 8+ hour driving periods
- 30-minute gaps in driving status
- Proper status selection during breaks
- Pattern violations (multiple occurrences)
ELD and Technology Considerations
How ELDs Track Breaks
Modern ELDs automatically:
- Calculate driving time accumulation
- Alert before 8-hour limit
- Verify 30-minute non-driving period
- Prevent driving without required break
Warning Systems
- 7 hours: First alert
- 7.5 hours: Urgent warning
- 7.75 hours: Critical alert
- 8 hours: Must stop driving
For more on ELD features, see our small fleet ELD guide.
Technology Tips
Set Personal Alerts
- Phone alarm at 7 hours
- GPS waypoint planning
- Route optimization for break locations
Use ELD Features
- Break timer function
- Remaining drive time display
- Violation prediction alerts
Special Situations
Short-Haul Exception
Drivers using the 16-hour short haul exception or 150 air-mile radius exception:
- Still subject to 30-minute break rule
- Must track cumulative driving time
- Document breaks even without ELD
Adverse Conditions
When using 2-hour adverse driving extension:
- 30-minute break still required after 8 hours driving
- Extended day doesn't eliminate break requirement
- Plan for break even in emergency conditions
Team Driving
Each driver independently:
- Tracks their own 8-hour driving period
- Takes their own 30-minute break
- Can use co-driver's driving time as break
- Sleeper berth time while partner drives counts
State-Specific Variations
Additional Requirements
California
- Additional meal period requirements
- Rest break rules for intrastate
- More frequent breaks required
Oregon
- Meal period rules overlay federal requirements
- State-specific timing requirements
Washington
- Rest break requirements
- May exceed federal minimums
Intrastate Operations
Some states have different rules for intrastate commerce:
- Check state DOT requirements
- May have more or less restrictive rules
- Federal rules apply to interstate regardless
Practical Compliance Strategies
For Drivers
Pre-Trip Planning
- Mark 7.5-hour point on route
- Identify suitable break locations
- Have backup locations ready
- Consider parking availability
During Operations
- Start break timer on ELD
- Set personal alarm for 30 minutes
- Use restroom/eat at break start
- Complete other tasks after personal needs
Documentation
- Note reason for break location
- Keep fuel receipts showing time
- Document any delays affecting break
For Fleet Managers
Policy Development
- Clear break procedures
- Designated break locations on common routes
- Driver training on compliance
- Violation consequence structure
Monitoring Systems
- Daily log audits for breaks
- Pattern analysis for violations
- Driver scorecards including break compliance
- Proactive coaching for at-risk drivers
Cost of Non-Compliance
Direct Costs
- Driver fines: $1,000-$2,750 per violation
- Carrier fines: Up to $11,000
- Out-of-service: Lost revenue during shutdown
- Insurance increases: Higher premiums after violations
Indirect Costs
- CSA scores: Affects business opportunities
- Driver retention: Good drivers leave after violations
- Customer relationships: Delayed deliveries
- Legal liability: Increased accident exposure
Frequently Asked Questions
Can I split my 30-minute break?
No. The break must be 30 consecutive minutes. Two 15-minute breaks don't satisfy the requirement.
What if I'm stuck in traffic for 30 minutes?
Traffic time counts as driving time, not a break. You must be in non-driving status for the break to count.
Does personal conveyance count as a break?
Yes, if you're not driving. Personal conveyance time while parked counts as off-duty and satisfies the break requirement.
Can I fuel during my 30-minute break?
Yes. Fueling time (on-duty not driving) now counts toward the 30-minute break requirement under current rules.
What happens if I drive 8 hours and 5 minutes without a break?
You're in violation. The violation occurs as soon as you exceed 8 hours of driving without a qualifying break. Penalties apply regardless of how small the overage.
Does the 30-minute break reset my 11-hour drive clock?
No. The break only resets your 8-hour break requirement counter. Your 11-hour driving limit and 14-hour window continue running.
Best Practices Summary
Plan Ahead
- Know your 7.5-hour point
- Identify break locations
- Have contingency plans
Use Time Wisely
- Combine with other required stops
- Take care of personal needs
- Complete vehicle checks
Stay Compliant
- Set multiple alerts
- Verify proper status
- Document everything
Think Safety
- Take breaks when tired (even if not required)
- Use breaks to stretch and walk
- Don't rush to avoid break requirement
Key Takeaways
- Required after 8 hours of driving (not on-duty)
- Any 30-minute non-driving period counts
- Cannot be split into smaller breaks
- On-duty not driving now qualifies
- Proper planning prevents violations
- ELDs track automatically but driver responsible
The 30-minute break rule provides essential rest while offering flexibility in how drivers comply. Understanding the nuances helps maximize productivity while maintaining compliance.
Need help tracking break compliance? Check our guides on ELD devices for small fleets or learn about other hours of service requirements. For complex scheduling involving rest periods, see our split sleeper berth explanation.