New Hours of Service HOS Regulations

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New Hours of Service (HOS) Regulations

• http//www.fmcsa.dot.gov/
• FAQs also available on website
• Released August 2005
• Effective Date 10/01/05
• Enforcement Memorandum

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Why the Changes?

• Suit filed against 2003 HOS rules in District
  Court
• District Court sided with plaintiffs
• FMCSA charged with changing rules to reflect
  scientific research

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Why the Changes?(cont.)

• Congress allowed FMCSA to keep 2003 HOS rules in
  effect through September 2005
• Directed that as of October 1, 2005 the 2003 HOS
  rules would be vacated
• Response to petition from ATA for allowing one
  sleeper berth period exclusion from calculation
  of 14 hour rule

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New Driving Rules

• Drivers are allowed to drive 11 hours following
  10 hours off-duty
• Drivers are not allowed to drive after having
  been on-duty 14 hours following 10 hours off-duty
• Drivers, at any time, will be allowed to restart
  their 60/70 hour rule after obtaining 34
  consecutive hours off-duty

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11 Hour Rule

• 395.3 Maximum driving time for property-carrying
  vehicles
• (a) No motor carrier shall permit or require any
  driver used by it to drive a property-carrying
  commercial motor vehicle, nor shall any driver
  drive a property-carrying cmv
• (1) More than 11 cumulative hours following 10
  consecutive hours off duty

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14 Hour Rule

• OR
• (2) For any period after the end of the 14th hour
  after coming on duty following 10 consecutive
  hours off duty, except when a property-carrying
  driver complies with the provisions of 395.1(e)
  or 395.1(o), both to be covered later in the
  presentation

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Vocabulary

• Driving time all time spent at the driving
  controls of a CMV in operation
• Off-duty (4 criteria must be met) (1) driver
  relieved from duty (2) duration of relief must be
  a finite period (3) written instructions from
  company allowing relief (4) must be free to
  leave premises where vehicle is situated and
  pursue activities of drivers own choosing
• On-duty any action as part of motor carrier
  duties Loading/unloading, VI, involved in
  accident, working for a non-motor carrier

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395.1(g) Revised Sleeper Berth Regulation

• Changes in accordance with new 2005 HOS rules

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395.1(g) revised to now read

• General property-carrying commercial motor
  vehicle.
• A driver who operates a property-carrying CMV,
  equipped with a sleeper berth as defined in 395.2
  393.76, (A) Must, before driving, accumulate
• (1) At least 10 consecutive hours off
  duty
• (2) At least 10 consecutive hours of sleeper
  berth time

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395.1(g) revised to now read (Cont.)

• (3) A combination of consecutive sleeper berth
  and off duty time amounting to at least 10 hours
  or
• (4) The equivalent of at least 10 consecutive
  hours off duty if the driver does not comply with
  paragraph (g)(1)(A)(1), (2), or (3) of this
  section

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395.1(g) revised to now read (Cont.)

• May not drive more than 11 hours following one of
  the 10-hour off-duty periods specified in
  paragraphs (g)(1)(A)(1) through (4) of this
  section and
• May not drive after the 14th hour after coming on
  duty following one of the 10-hour off-duty
  periods specified (Same as above) and

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395.1(g) revised to now read (Cont.)

• Must exclude from the calculation of the 14-hour
  rule limit any sleeper berth period of at least 8
  but less than 10 consecutive hours (9.75)
• (ii) Specific requirements. The following rules
  apply in determining compliance with paragraph
  (g)(1)(i) of this section

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395.1(g) revised to now read (Cont.)

• (ii) (A) The term equivalent of at least 10
  consecutive hours off duty means a period of (1)
  At least 8 but less than 10 consecutive hours (up
  to 9.75 hours) in a sleeper berth, and
• (2) A separate period of at least 2 but less
  than 10 consecutive hours either in the sleeper
  berth or off duty, or any combination thereof

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395.1(g) revised to now read (Cont.)

• (ii) (B) Calculation of the 11-hour driving limit
  includes all driving time compliance must be
  re-calculated from the end of the first of the
  two periods used to comply with paragraph
  (g)(1)(ii)(A) of this section

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395.1(g) revised to now read (Cont.)

• (ii) (C) Calculation of the 14-hour limit
  includes all time except any any sleeper berth
  period of at least 8 but less than 10 consecutive
  hours compliance must be re-calculated from the
  end of the first of the two periods used to
  comply with the paragraph (g)(1)(ii)(A) of this
  section

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11 Hour Driving Rule

• A driver may drive 11 hours following 10 hours
  off-duty
• EXAMPLE - A driver spends 10 hours at home before
  coming to work and driving. He/she is allowed to
  drive 11 hours.
• After reaching his/her 11th hour driving, he/she
  must achieve 10 hours off duty before driving
  again
• Other rest options apply Sleeper provision, 10
  hours in sleeper or off-duty, combination of
  sleeper and off-duty for 10 consecutive hours

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14 Hour Driving Rule

• A driver may not drive after having been on-duty
  14 hours following 10 hours off-duty the 14
  hour on-duty time cannot be extended by meal or
  fuel stops, it can only be extended by spending
  at least 8 consecutive hours but less than 10
  resting in a sleeper berth
• Example A driver spends 10 hours off-duty at
  home, he/she drives 5 hours then works in the
  shop for 9 hours, he/she would not be allowed to
  drive again until 10 more hours off-duty are
  achieved
• Same rest options as the 11 hour rule apply

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34-Hour Restart

• Change to 34-hour restart (60/70 hour rule)
  restart from previous HOS regulations.
• Under 395.3 C (1) (2) Any period of 7 or 8
  consecutive days may end with the beginning of
  any off-duty period of 34 or more consecutive
  hours
• Basically at any time a driver obtains 34 or more
  consecutive hours off-duty their 60/70 hour rule
  will restart at 0 hours

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(Short-haul operations)-100 Air Mile Radius
Driver 395.1(e)(1)

• Drivers are exempt from keeping a log if they
  meet the following 5 requirements found in the
  regulation.
• Driver remains within 100 air miles (115.08
  statute miles) of their work reporting location.
• The driver returns to the work reporting location
  within 12 consecutive hours of going on duty

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Driver must meet all 5 criteria
(Short-haul operations)-100 Air Mile Radius
Driver 395.1(e)(1)

• After being released within 12 hours, the driver
  must be afforded 10 consecutive hours off duty
• The driver may not drive more than 11 hours
  during the 12 hour period
• The motor carrier that employs the driver
  maintains and retains, accurate and true time
  records that indicate

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Carrier must keep all 4
(Short-haul operations)-100 Air Mile Radius
Driver 395.1(e)(1)

• The time the driver begins to work
• The total number of hours the driver works
• The time the driver is released from work
• And the preceding 7 days of work activities (time
  records) for drivers used the first time or
  intermittently

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Short Haul Operations (Non CDL)

• 395.1(e)(2) A non CDL required driver is exempt
  from 395.3 395.8, and ineligible to use the
  provisions of 395.1(e)(1), (g) (o) if
• (i) Driver operates a CMV not requiring a CDL

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Short Haul Operations (Non CDL) (395.1(e)(2)
cont.)

• (ii) Driver operates within 150 air mile radius,
  where driver reports to and is released from
  normal work reporting location
• (iii) Driver returns to normal work location is
  released at the end of each duty tour

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Short Haul Operations (Non CDL) 395.1(e)(2)
(cont.)

• (iv) The driver has at least 10 consecutive hours
  off separating each on-duty period
• (v) The driver does not drive more than 11 hours
  following 10 hours off

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Short Haul Operations (Non CDL) 395.1(e)(2)
(cont.)

• (vi) The driver does not drive
• (A) After the 14th hour after coming on duty on 5
  days of any period of 7 consecutive days and
• (B) After the 16th hour on 2 days of any period
  of 7 cons. days

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Short Haul Operations (Non CDL) 395.1(e)(2)
(cont.)

• (ix) The motor carrier maintains and retains for
  6 months true and accurate time records
• (The same as those required for the 100 air mile
  radius driver)

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395.1(o) (14-hour rule) Exemption

• This exemption, 395.1(o), has been designed to be
  utilized by local short haul drivers. (CDL or Non
  CDL required drivers may use this exemption)

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395.1(o)14 Hour Rule Exception continued

• A driver is allowed to extend the 14 hour rule by
  2 hours one day during the week, if they meet
  certain guidelines
• Guidelines include
• (1) the driver has returned to the work
  reporting location and has been released at that
  location for the previous 5 duty tours the driver
  has worked
• (2) The driver has returned to the normal work
  reporting location and the carrier releases the

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395.1(o)14 Hour Rule Exception continued

• -(2) (cont.) driver from duty within 16 hours
  after coming on duty following 10 consecutive
  hours off duty and
• -(3) The driver has not taken this exemption
  within the previous 6 consecutive days, except
  when the driver has begun a new 7- or
  8-consecutive day period with the beginning of
  any off duty period of 34 or more consecutive
  hours as allowed by 395.3(c)

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FMCSANew HOS Enforcement Guidance

• August 26, 2005

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Soft Enforcement Period

• October 1 to December 31st
• FMCSA requesting jurisdictions have soft
  enforcement from their own personnel and
  hopefully from states
• Questions regarding new rules and enforcement via
  e-mail at Host_at_fmcsa.dot.gov
• (HOS Rules vacated 10/01 to 10/22/05) FMCSA will
  not be enforcing rules until October 22, 2005

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Soft Enforcement Period(cont.)

• Due to differences in how states adopt new
  regulations, and when legislatures are in
  session, many states will have different dates
  when new rules will be enforced
• Some may take as long as three years to adopt and
  begin enforcing the new regulations

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Soft Enforcement Period(cont.)

• OHIO will be enforcing new HOS rules beginning
• October 1, 2005
• Drivers will be placed out of service if in
  violation
• Civil forfeitures may be issued (generally in
  those instances of egregious violations.

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FMCSAFrequently Asked Questions

• Updated as of
• August 15, 2005

FAQs available at http//www.fmcsa.dot.gov/rules-
regulations/truck/driver/hos/hos-faqs.asp
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Other HOS Exemptions

• FAQs Page 17 Handout

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TEA-LU Hours of Service Exemptions

• Agricultural Commodities
• Operators of Utility Service Vehicles
• Movie producers subject to old rules, effective
  April 2003
• Grape Growers in New York State
• Propane Drivers

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Summary

• Changes to HOS regulations do not apply to
  passenger carrier operators. They will continue
  to utilize the prior HOS regulations awaiting
  more scientific research
• Current HOS regulations will remain in effect
  through 9/30/05, at which time the new HOS
  regulations will be utilized

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Where to Get More Information

• The final rule is available on the internet at
  http//www.fmcsa.dot.gov/. You may also want to
  check out the HOS Frequently Asked Questions
  found on this website.
• Federal Motor Carrier Safety Administration
  office
• In Salt Lake City, [phone]