DOT Hours of Service Regulations

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DOT Hours of Service Regulations

• Robb MacKie
• American Bakers Association

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DOT Hours of Service - Background

• The Final Rule
• Will save up to 75 lives and prevent as many as
  1,326 fatigue-related crashes annually
• Moves towards a 24-hour work-rest cycle
• Increases the opportunity for restorative sleep
  by increasing the amount of off-duty time by two
  hours
• Could require 84,300 new drivers

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DOT Hours of Service - Background

• Previous Hours-of-Service (HOS) rules were
  adopted in 1939.
• One modification in 1962.
• Current rulemaking mandated by Congress in 1995.
• Due to increasing CMV crash fatalities, and
  public concern for driver fatigue.

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DOT Hours of Service

• Previous Rules
• Flexible 15 hours maximum daily on-duty time
• Can extend through rest and meal breaks
• Maximum 10 hours driving time / day
• Maximum 60 hours on-duty time / 7 day week
• Maximum 70 hours on-duty time / 8 day week
• 8 hours off-duty time / day

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DOT Hours of Service

• 2000 Proposal
• 5 Categories of Operations
• Mandatory 2 consecutive days off
• Limits on night-time driving
• HOS Coalition and Others Successfully Block Rule
• 53k comments overwhelming negative
• Congress moves to block

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DOT Hours of Service

• 2003 Final Rule
• Significant improvement over 2000
• Rigid 14 hours max. daily on-duty time
• Max. 11 hours driving / day
• Max. 60 hours on-duty / wk
• 10 hours off-duty / day
• Effective Jan. 4, 2004

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DOT Hours of Service
34-Hour Restart Truck drivers may restart a 7/8
day consecutive day period after taking 34 or
more consecutive hours off-duty.
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Exceptions and Exemptions

• Short-Haul Exemption
• No definition of short-haul, but generally
  refers to those vehicles that returns to normal
  work-reporting location daily.
• To lessen the impact on short-haul or local
  operations, FMCSA is allowing those drivers to
  extend 14-hour on duty time by two hours.
• FMCSA recognizes significant financial impact on
  short-haul operations

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Exceptions and Exemptions

• Short-Haul Exemption
• Drivers may extend the 14-hour on-duty period by
  2 additional hours IF THEY
• Are released from duty at the normal work
  reporting location for the previous 5 duty tours
  AND
• Return to their normal work reporting location
  and are released from duty within 16 hours AND
• Have not used this exception in the previous 7
  days, except following a 34-hour restart of a
  7/8-day period.
• Drivers are still limited to 11 hours driving
  time.

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Record-Keeping Requirements

• Current record-keeping rules remain the same with
  no changes for all truck and bus drivers.
• Current records of duty status (log books) and
  supporting documents remain the same for all
  truck and bus drivers.
• 100 air-mile radius truck and bus drivers may
  continue to use a time card or time sheet as
  their record of duty status.

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DOT Hours of Service

• Sleeper-berth Clarifications
• any 2 sleeper-berth periods totaling 10 hours may
  be used in calculating the 10-hour off duty time
  limit
• sleeper-berth periods not used in calculating the
  10-hour limit will be included in calculating the
  14-hour on-duty limit.

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Additional Research On Compliance Technologies

• Electronic On-Board Recorders (EOBR) are
  not mandated.
• Other technologies offer potential for HOS
  record-keeping.
• FMCSA will continue research on EOBRs and other
  compliance technologies.
• Research factors will assess
• Ability to identify driver
• Tamper resistance
• Data accessibility at roadside
• Driver acceptability
• Operational/proprietary security
• Cost/benefit
• Ability to produce records for audits

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Enforcement for Non-Compliance

• HOS violations top 10 during roadside inspections
• Drivers may be placed out-of-service
• State and local law enforcement may assess fines
• Drivers 250 to 450
• Carriers 550 to 11,000 per violation
• FMCSA civil penalties on carriers and drivers
• Carrier safety rating downgrades
• Federal criminal penalties in egregious cases

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Compliance

• Changes impact many operational areas including
• Routing
• Dispatch
• Information Systems
• Training
• Recruiting

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DOT Hours of Service

• Coalition Response
• Rigid 14 hour limitation for on-duty time a
  problem for some operations
• Petitioned DOT for reconsideration to grant
  flexibility
• Senators and Representatives support Coalition
  petition
• DOT denies Coalition request, will look at
  possible technical corrections

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Rest Break Legislation

• Rep. Boozman (R-AR) Introduces H.R. 623
• Provides for up to 2 Hours of Rest and Meal
  Breaks
• Would Not Count Toward 14 Hour On-Duty Time Limit
• Extra Measure of Safety and Flexibility
• 40 Bi-Partisan Cosponsors

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Rest Break Legislation

• Amendment to Highway Reauthorization
• Next Week on House Floor
• Teamster and Safety Groups Opposing
• ATA Neutral
• Need Bakers to Call Their Representatives
• Support the Boozman Rest Break Amendment to the
  Highway Bill
• Capitol Switchboard 202-224-3121

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Questions?