- Texas intrastate: 12 hours driving after 8 hours off, no driving after 15 hours on duty, 70 hours in 7 days (37 TAC §4.12).
- Federal: 11 hours driving after 10 hours off, a 14-hour window, a 30-minute break after 8 hours of driving, 60 or 70 hours in 7 or 8 days (49 CFR §395.3).
- Whether a trip is "intrastate" depends on the freight's journey, not just on whether the truck crosses a state line.
Side-by-side comparison
| Rule | Federal (property-carrying) | Texas intrastate |
|---|---|---|
| Off-duty time before driving | 10 consecutive hours | 8 consecutive hours |
| Maximum driving | 11 hours | 12 hours |
| Duty limit | No driving after the 14th hour since coming on duty. This is a window: breaks don't extend it, except under the sleeper-berth options. | No driving after having been on duty 15 hours |
| Rest break | 30 minutes after 8 cumulative hours of driving | No equivalent provision in §4.12's limits |
| Weekly limit | 60 hours in 7 days or 70 hours in 8 days | 70 hours in 7 consecutive days |
| Restart | 34 consecutive hours off duty | 34 consecutive hours off duty |
| Adverse driving conditions | Up to 2 more hours of driving and duty time | Up to 2 more hours to complete the run |
| Logs | Electronic logging device (ELD) unless an exemption applies | ELD or other permitted record of duty status unless exempt |
Want to check your own numbers? Try the hours-of-service calculator.
Who counts as an intrastate driver?
A driver is in intrastate commerce when the freight or passengers start and end their journey in Texas and are not part of a longer interstate movement. The test looks at the shipment, not just the truck's route:
- Hauling gravel from a Texas quarry to a Texas job site is usually intrastate.
- Hauling a container from the Port of Houston to a Dallas warehouse is usually interstate or foreign commerce, even though the truck never leaves Texas, because the goods are on an international journey.
- Carriers that operate interstate at all must have a USDOT number and follow the federal rules on those trips.
Texas applies its intrastate safety rules to commercial motor vehicles that meet state weight, passenger or hazardous-materials thresholds, generally including vehicles over 26,000 pounds. Smaller vehicles may be outside the rules altogether.
Exceptions in both systems
- Short-haul operations. Federal rules exempt drivers who stay within 150 air-miles of their work reporting location and are released within 14 hours from keeping logs and from the 30-minute break (49 CFR §395.1(e)). Texas has its own 150 air-mile exception from keeping a record of duty status, with conditions about returning to the work location.
- Agriculture. Texas exempts drivers carrying agricultural commodities within 150 air-miles during planting and harvesting seasons. There is a similar federal exemption.
- Oilfield and construction. Texas lets these drivers end a 7-day period with 24 consecutive hours off duty. Federal rules have separate oilfield provisions, including the 24-hour restart in §395.1(d).
- Utility service vehicles operated by public utilities are outside the Texas hours-of-service limits.
Why it matters after a crash
Hours-of-service records are among the first things investigators request after a serious truck crash, because fatigue is a recognized crash factor. A driver who went over the limit, or a carrier that scheduled loads that couldn't be delivered legally, can face liability for the violation. Carriers only have to keep logs for six months (49 CFR §395.8(k)), so early preservation matters. See hours-of-service violations in truck crashes and spoliation letters.
Frequently asked questions
Do Texas intrastate drivers need a 30-minute break?
The Texas limits in 37 TAC §4.12 are 12 hours of driving, 15 hours on duty and 70 hours in 7 days, with no separate 30-minute-break rule. Interstate drivers must take the federal 30-minute break after 8 hours of driving. Carriers can set stricter policies.
Can a driver switch between intrastate and interstate work?
Yes, but when a driver moves into interstate commerce, the federal rules apply, and hours from the previous days count toward the federal 60/70-hour limit. Mixed operations should follow the stricter rule.
Where can I read the rules?
The federal rules are in 49 CFR Part 395. The Texas rules are in 37 Texas Administrative Code §4.12, published by the Texas Department of Public Safety.