What Is the Trucking 34-Hour Restart Period?

A tired driver behind the wheel of an 80,000-pound truck places everyone on the road at risk. Truck driver fatigue is one of the most common causes of trucking accidents. Since drivers can spend hours behind the wheel, fatigue can set in quickly. In fact, the National Highway Traffic Safety Administration (NHTSA) has estimated that drowsiness is a factor in about 90,000 accidents each year.

That means that fatigue causes a potentially life-changing crash about 246 times a day.

The 34-Hour Restart Rule Explained

To reduce the number of accidents caused by driver fatigue, the Federal Motor Carrier Safety Administration (FMCSA) has an hours-of-service policy known as the 34-hour restart rule. Over the years, the rule has changed, and drivers might be confused about what it means.

Simply put, the 34-hour restart rule enables truckers to reset their workweek if they are approaching the limits for driving or being on duty. These hour limits are 70 in the last eight days or 60 in the last seven days.

If a driver is nearing their driving limits but will need to drive more in the next few days, they can use the 34-hour restart rule to reset their time. To do so, a driver needs to spend 34 hours in their sleeper berth, off duty, or a combination of both.

The Four Hours-of-Service Statuses Every Truck Driver Must Log

• Off Duty: The driver is relieved of all work responsibilities and may pursue personal activities. Time logged “off duty” counts toward the 10-hour break required between daily shifts and toward the 34-hour restart.
• Sleeper Berth: The driver is resting in the truck’s sleeper compartment. Sleeper berth time is treated like off-duty time for the restart, but it must be in a DOT-approved berth. Sleeper berth periods can also be paired (e.g., 7 hours sleeper berth + 3 hours off duty) to satisfy the daily 10-hour break.
• On Duty, Not Driving: The driver is working, but the wheels are not rolling. This may include fueling, loading, inspecting the rig, completing log entries, or waiting for dispatch. On-duty time does not reset the weekly clock and does not count toward a 34-hour restart.
• Driving: The moment the truck moves under its own power on a public road, the driver must log “driving.” The 11-hour driving limit and 14-hour on-duty window both flow from this status, and neither can be reset unless the driver records 34 consecutive hours in “off duty” and/or “sleeper berth” status.

Understanding these four buckets is vital: a single misclassification—say, logging fueling time as “off duty”—can invalidate a 34-hour restart, expose a carrier to FMCSA fines, and hand powerful evidence to plaintiffs after a fatigue-related crash.

Why Does the 34-Hour Restart Rule Exist?

The rule exists to give trucking companies flexibility while ensuring that drivers are well-rested. When it created the rule, the FMCSA carried out studies that confirmed that 34 hours is the sweet spot for making sure drivers aren’t too fatigued. It’s just enough to make sure a person is rested while also being a small enough window to interfere with trucking operations as minimally as possible.

Electronic Logging Devices (ELDs) & 34-Hour Restart Compliance

Since December 2017, most interstate drivers have been required to log their hours electronically rather than on paper. Electronic Logging Devices (ELDs) automatically record drive time, on-duty status, and sleeper berth breaks, making it far harder for carriers or drivers to “adjust” logs to squeeze in an extra load. When an ELD shows fewer than 34 consecutive off-duty hours—or reveals that a driver skipped sleeper berth requirements—FMCSA auditors can cite both the driver and the motor carrier. Penalties range from civil fines to an out-of-service order that can sideline an entire fleet. In a truck accident lawsuit, ELD data can provide the “smoking gun” proof that a fatigued driver should never have been on the road.

Where Can Drivers Take 34-Hour Breaks?

While some people believe that drivers must take their 34-hour breaks at home, this isn’t true. The rule is designed so drivers can accumulate their reset hours whether they’re in a sleeper berth or spending their time off duty. The rule is designed for convenience and is meant to be adaptable to a driver’s surroundings, situation, and driving schedule.

However, if drivers wish to spend some of their 34-hour reset in a sleeper berth, they must spend at least eight hours of it there. Even this rule is flexible. Drivers can split the eight-hour sleeper berth rule into multiple breaks if they wish. For example, a driver can split their eight-hour sleeper berth requirement into two four-hour periods.

Exceptions & Misconceptions: When the Restart Does Not Apply

The 34-hour restart is not a loophole for exceeding daily limits. A driver still may not drive more than 11 hours in a 14-hour on-duty window, nor may they skip the required 30-minute break after eight hours of driving. Certain niche operations—such as oilfield “wait time,” short-haul routes within a 150-air-mile radius, or agricultural haulers during planting and harvest seasons—operate under modified HOS rules, yet fatigue-related crashes in those sectors remain high. Knowing which exemptions truly apply (and which are misused by dispatchers trying to keep freight moving) is critical for proving negligence after a wreck.

How Violations Shape Personal-Injury & Wrongful-Death Claims

When a catastrophic truck crash occurs, plaintiffs must show the carrier breached its duty of care. Hours-of-service violations are powerful evidence of that breach. Logbook falsification, ELD edits, or Qualcomm messages pressuring a driver to “run hot” can create a paper trail that juries find compelling. In Texas, New Mexico, Louisiana, and most other states, punitive damages are available when a company’s conduct shows gross negligence, such as knowingly dispatching a fatigued driver who skipped the restart.

Our firm’s investigators secure ELD raw files, fuel receipts, toll records, and more to reconstruct a driver’s real schedule. When we prove the 34-hour reset was ignored, carriers often settle quickly—or risk facing a courtroom where safety still comes first.

The 34-Hour Rule Is Designed to Protect the Trucking Industry

When operators don’t make sure drivers follow the 34-hour reset rule or encourage them to break it, they place everyone on the road at risk. When this rule isn’t followed, truck drivers and everyone near them on the road pay the price with their well-being. If you’ve suffered because of an accident caused by fatigue, Arnold & Itkin is ready to help you. Our team of truck accident lawyers has recovered billions of dollars for clients by holding negligent parties accountable.

Call us today for the help you deserve at (888) 493-1629. We’re standing by to provide a free and confidential consultation.