# Hours of Service Rules for NEMT Drivers: When the Federal Limits Apply and What Applies Instead

Canonical URL: https://nemtguide.com/glossary/hours-of-service/ · Updated 2026-09-30

Hours of service rules are the federal limits on how long a commercial driver may drive and stay on duty. Passenger drivers may drive 10 hours after 8 hours off, stop driving after 15 hours on duty, and stop after 60 hours in 7 days or 70 in 8. For NEMT they cover commercial motor vehicles on interstate trips, and some states and cities add limits for in-state rides.

- Passenger drivers under the federal rules get 10 hours of driving and 15 hours on duty after 8 consecutive hours off, and 60 hours in 7 days or 70 in 8.
- The federal rules reach only commercial motor vehicles in interstate commerce, though some states, such as Missouri, Pennsylvania, and Wyoming, apply them to in-state trips too.
- Waiting at a clinic while ready to drive counts as on-duty time unless you relieve the driver from all duty.
- Florida caps drivers on transportation disadvantaged work at 12 hours of driving and 16 on duty in a day, and 72 hours in 7 days.
- After an interstate trip in a commercial motor vehicle, FMCSA says it keeps jurisdiction over that driver for 4 months, so plan before you accept one.

## What the federal hours of service rules say

Hours of service rules limit how long a commercial driver may drive and how long they may stay on duty. The Federal Motor Carrier Safety Administration (FMCSA) sets them in 49 CFR part 395. Passenger drivers follow their own section, 395.5. The truck limits in 395.3 do not apply to them.

| Limit for passenger-carrying vehicles | The rule |
|---|---|
| Driving | No more than 10 hours after 8 consecutive hours off duty |
| On duty | No driving after 15 hours on duty following 8 consecutive hours off. The 15 counts on-duty hours only, so a real off-duty break in the middle does not use it up. |
| Weekly | No driving after 60 hours on duty in 7 days, or 70 hours in 8 days if the company runs vehicles every day of the week |
| Bad weather or traffic | Up to 2 more hours to finish the run or reach a safe place, when the snow, fog, or unusual traffic was not known, or could not reasonably be known, to the driver when the duty day began or to the company when it dispatched the driver (395.1(b) and 395.2) |
| Illness or fatigue | No driving while fatigue or illness makes it unsafe, whatever the hours say (49 CFR 392.3) |

On-duty time is more than driving. It runs from the time a driver starts work or must be ready to work until the driver is relieved from work and all responsibility for it. It includes waiting to be dispatched, inspecting or servicing the vehicle, remaining in readiness to operate it, and dealing with a breakdown (49 CFR 395.2). For NEMT, that means a driver who waits at a clinic, ready to take the rider home, is on duty. Hours a covered driver works at any other paid job, such as a second driving gig, count as on duty too.

## When the federal rules apply to a NEMT company

The rules reach a trip only when both of these are true:

1. **The vehicle is a commercial motor vehicle.** For passengers, it is rated or weighs 10,001 pounds or more, is designed or used to carry more than 8 people including the driver for compensation, or is designed or used for more than 15 people including the driver without compensation (49 CFR 390.5T). Check the weight rating on the door-frame label, not the brochure.
2. **The trip is interstate commerce.** It goes from one state to another, passes through another state between two points in yours, or is the in-state part of a trip that starts or ends out of state (49 CFR 390.5T).

A sedan, a minivan, or a wheelchair van built and used for 8 or fewer people and rated under 10,001 pounds is outside the federal rules on any trip. So is any vehicle on trips that start and end in your state and are not part of a longer interstate trip.

Three exceptions and extensions matter:

- **Vans for 9 to 15 people not paid directly.** These skip most federal safety rules, hours of service included, when the carrier gets no direct compensation (49 CFR 390.3T(f)(6)). Direct compensation is payment by the passengers, or someone acting for them, for the ride itself. FMCSA's 2022 guidance in Appendix A to part 390 treats a specific fee charged for the ride as direct. If you are paid per trip, plan as though the exception does not apply, and confirm with FMCSA.
- **Sick and injured persons.** The federal safety rules do not apply to "the transportation of human corpses or sick and injured persons" (49 CFR 390.3T(f)(4)). The rule does not define the phrase or say whether it reaches NEMT, so ask FMCSA in writing before you rely on it.
- **A few interstate trips can cover all your drivers.** In the same 2022 guidance, FMCSA says a carrier whose drivers are randomly assigned to interstate trips can be covered for all of them, even when only 3 to 4 percent of trips cross a state line. It also says it keeps jurisdiction over a carrier, its vehicles, and its drivers for 4 months after an interstate trip.

For the registration side of the same test, see [do NEMT companies need a USDOT number](https://nemtguide.com/guides/dot-number-for-nemt/), and for the inspection side, FMCSA vehicle inspection rules. A vehicle built for 16 or more people also needs a CDL driver, even in state; see [do NEMT drivers need a CDL](https://nemtguide.com/guides/do-nemt-drivers-need-a-cdl/).

## Logs, the short-haul exception, and ELDs

A driver under the federal rules records every day's duty status, and since December 18, 2017 that record generally goes on an electronic logging device (ELD) (49 CFR 395.8). Most NEMT drivers who fall under the rules can use the short-haul exception instead:

| Short-haul condition for passenger drivers | 49 CFR 395.1(e)(1) |
|---|---|
| Distance | Stays within 150 air miles (172.6 statute miles) of the normal work reporting location |
| Workday | Returns there and is released within 14 consecutive hours |
| Rest | At least 8 consecutive hours off between each 14 hours on duty |
| Your records | Keep 6 months of time records: report time, total hours on duty each day, release time, and the 7-day total for new or occasional drivers |

Drivers who do need logs can use paper instead of an ELD in two cases a NEMT company may meet: logs are needed on no more than 8 days in any 30-day period, or the vehicle was built before model year 2000. Keep logs and supporting documents for at least 6 months (49 CFR 395.8(k)).

## State and local limits that apply instead

The federal rules reach only the trips they cover. For in-state work, some states adopt the federal limits, some write their own, and some cities add a cap. Ask the office that regulates passenger carriers in your state, such as MoDOT in Missouri, WYDOT in Wyoming, or the Public Utility Commission in Pennsylvania.

| Where | Who it covers | Limit |
|---|---|---|
| Florida, Rule 14-90.006 (effective September 16, 2010) | Community transportation coordinators and contract operators on recurring contracts, including those paid with transportation disadvantaged funds (Rule 41-2.006). Vans, modified vans, station wagons, and sedans count as Type II buses. | No more than 12 hours of driving in a 24-hour day, no driving after 16 hours on duty, 8 consecutive hours off before driving again, and no more than 72 hours on duty in 7 days, reset by 24 consecutive hours off |
| Pennsylvania, 52 Pa. Code 37.204 (in effect since May 20, 1995) | Passenger carriers the Public Utility Commission regulates, including certificated paratransit service (52 Pa. Code 29.13) | 49 CFR part 395 adopted for in-state work. The federal exceptions list in 390.3 is deleted, and the log exemption for lightweight vehicles does not cover vehicles carrying passengers for hire (37.202 and 37.205). |
| Missouri, RSMo 307.400 | Vehicles that meet the federal commercial motor vehicle test, on trips inside the state too. MoDOT's Safety and Compliance Manual (September 2023) lists passenger vehicles rated over 10,000 pounds, built or used for 9 or more people including the driver for pay, or built or used for 16 or more. Since August 28, 2012, in-state vehicles seating 7 or 8 including the driver are outside unless they meet another part of the test. | Federal parts 390 to 397 apply, hours of service included, whether the trip is intrastate or interstate. The same manual lists the transportation of sick and injured people as an exception, so ask MoDOT how it treats your trips. |
| Wyoming, W.S. 31-18-303(e) | In-state rides for pay in vehicles with an occupant capacity of 7 to 15, such as a seven-seat minivan or a 12 or 15 passenger van | The passenger hours of service rules in 49 CFR part 395 apply as they do to larger vehicles: 10 hours of driving and 15 on duty after 8 off, and the weekly caps |
| Portland, Oregon, City Code 16.40.780 (as of September 2026) | NEMT drivers the city permits | No for-hire rides after more than 12 hours of driving in any 24-hour period |

Florida adds a few details. The workday starts when the driver first reports for duty (Rule 14-90.006). The 24-hour day runs from midnight to midnight, and off-duty time does not count toward the 16 hours (Rule 14-90.002). A driver may go up to one extra hour to reach a regular relief or dispatch point, and may exceed the limits to protect the public in bad weather, a disaster, a security threat, a road or traffic problem, a medical emergency, or an accident.

Broker agreements can add their own rules, so read the driver standards in each one. CareOregon's manual (February 2024) accepts driver schedule limits, such as a shift that ends before the trip would, as a reason to ask for reassignment, and asks for as much notice as possible.

Wage law is a separate question. Federal wage law does not cap daily hours, but it decides overtime; see [NEMT driver overtime](https://nemtguide.com/guides/nemt-driver-overtime/).

## How to plan NEMT shifts around the limits

Here is a hypothetical split shift, built around dialysis. A driver reports at 4:30 a.m., drives the morning chair runs, and is on duty until 10:30 a.m., with 5 of those 6 hours spent driving. The company fully releases the driver from 10:30 a.m. to 1:30 p.m., and the driver comes back for the afternoon returns.

| Rule | On-duty limit | Driving left after the morning | Latest driving time |
|---|---|---|---|
| Federal, if the van and trips are covered | 15 hours on duty | 5 hours | 10:30 p.m. (6 hours used, 9 left from 1:30 p.m.) |
| Florida Rule 14-90.006 | 16 hours on duty in the day | 7 hours | 11:30 p.m. (6 hours used, 10 left from 1:30 p.m.) |
| Portland City Code | No on-duty limit in the code | 7 hours | When 12 hours of driving in 24 are reached |

The release only helps if it is real. If the driver waits at the center, ready to go, the whole day counts as on duty, and the federal driver in this example must stop driving at 7:30 p.m.

1. **Classify every vehicle** by seating design and weight rating, and write it in the vehicle file.
2. **Decide who may take interstate trips** before one comes in, and treat those drivers as covered for 4 months after.
3. **Record release times** whenever a driver is relieved during a long appointment.
4. **Keep daily time records** for every driver: report time, release time, and total hours. That meets the short-haul rule and answers any broker or wage question.
5. **Hand back trips early** when a driver will run out of hours, instead of stretching the shift.
6. **Set one fatigue rule for everyone,** covered or not, and let any driver stop without penalty.

For shift patterns that fit dialysis mornings and afternoon returns, see [NEMT driver schedules](https://nemtguide.com/guides/nemt-driver-schedules/). For long rural days, see [rural NEMT](https://nemtguide.com/guides/rural-nemt/).

## Frequently asked questions

### Do hours of service rules apply to NEMT drivers?

Under federal law, only when two things are true: the vehicle is a commercial motor vehicle, and the trip is in interstate commerce. For passenger vehicles that means rated at 10,001 pounds or more, or designed or used for more than 8 people including the driver for pay (49 CFR 390.5T). A sedan, minivan, or small wheelchair van on in-state trips is outside the federal rules. Some states apply the same rules to in-state trips: Wyoming does for paid rides in vehicles seating 7 to 15, and Missouri and Pennsylvania do for the carriers they regulate.

### Does waiting at a dialysis center count as on-duty time?

Under the federal rules, yes, unless the driver has been relieved from duty. On-duty time includes waiting to be dispatched and remaining in readiness to operate the vehicle (49 CFR 395.2). Florida's rule for transportation disadvantaged work counts standby the same way. If a driver is fully released during a long appointment, write down the release and return times.

### Do NEMT drivers need an electronic logging device?

Only drivers who fall under the federal rules and must keep a record of duty status. Drivers who stay within 150 air miles of their reporting location, are released within 14 hours, and get 8 hours off between shifts keep no logs, and you keep time records instead. An ELD is also not required for drivers who need logs on 8 or fewer days in any 30, or for vehicles older than model year 2000 (49 CFR 395.8).

### Are there daily hour limits for NEMT drivers in Florida?

For work under Florida's transportation disadvantaged program, yes. Rule 14-90.006 bars more than 12 hours of driving or any driving after 16 hours on duty in a 24-hour day, requires 8 consecutive hours off before driving again, and caps on-duty time at 72 hours in 7 days. It covers community transportation coordinators and contract operators running vans, modified vans, and sedans.

### What is the short-haul exception?

It lets drivers who stay close to base skip the daily log. A passenger driver qualifies by staying within 150 air miles of the normal work reporting location, returning there and being released within 14 consecutive hours, and having at least 8 consecutive hours off between shifts. You keep 6 months of time records showing when each driver reported, total hours on duty, and when they were released (49 CFR 395.1(e)(1)).

## Official resources

- [eCFR: 49 CFR part 395, Hours of service of drivers](https://www.ecfr.gov/current/title-49/part-395)
- [eCFR: 49 CFR 390.5T, Commercial motor vehicle and interstate commerce definitions](https://www.ecfr.gov/current/title-49/section-390.5T)
- [Florida Administrative Code: Rule 14-90.006, driving and on-duty limits](https://www.flrules.org/gateway/ruleNo.asp?id=14-90.006)
- [Pennsylvania Code: Chapter 37, safety code for PUC-regulated motor carriers](https://www.pacodeandbulletin.gov/Display/pacode?file=/secure/pacode/data/052/chapter37/s37.204.html)