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New Hours Of Service Rules

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read down to see a comparison of old to new rules

Concerns were raised by the rising number of CMV crash fatalities, and a number of tragic fatigue related CMV crashes.
NTSB and safety advocacy groups petitioned congress for mandate.
Rulemaking proposal (multiple levels, on-board recorders, etc.) was put on hold, and reassessed.
New rules more directly on the safety issues, and are more performance driven.

Existing 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.



Notes:
Concerns were raised by the rising number of CMV crash fatalities, and a number of tragic fatigue related CMV crashes.
NTSB and safety advocacy groups petitioned congress for mandate.
Rulemaking proposal (multiple levels, on-board recorders, etc.) was put on hold, and reassessed.
New rules more directly on the safety issues, and are more performance driven.

Objectives of the HOS Revisions

To permit commercial motor vehicle (CMV) drivers additional opportunities for quality rest and restorative sleep,
and
To reduce the number of crashes
caused by drowsy, tired, or fatigued
CMV drivers.


Notes:
FMCSA estimates that 196-585 fatalities occur each year because of drowsy, tired, or fatigued CMV drivers transporting property.

Hours-of-Service Applicability

Current Rules
Apply to all motor carriers and CMV drivers, with some exceptions for specific operations including:
Oil field
Agricultural
Ground water well drilling
Construction Materials & Equipment
Utility Service Vehicles


Notes:

Do not apply to Interstate Passenger Carriers.
They will continue to comply with the rules in effect on October 1, 2002


Notes:
The FMCSA was persuaded by comments on the final rule that it does not have enough data to indicate a problem in the motorcoach industry segment and is not adopting any new rules for motorcoach drivers in this final rule. The FMCSA may consider the feasibility of other alternatives to reduce fatigue related incidents and increase motorcoach driver alertness in the future.

This final rule establishes a uniform set of regulations for all cargo carrying operations while allowing passenger carrying operations to continue under the current rules. This presentation specifically addresses the NEW HOS for property-carrying operations.

Section 395.5 moves the current rules in § 395.3 to this new section exclusively for drivers of, and carriers using, passenger carrying vehicles. New Section – 395.5 Maximum driving time for passenger carrying vehicles

Hours-of-Service Regulations

Old Rules
All CMV drivers may not drive:
More than 10 hours, following 8 hours off-duty.
After 15 hours on-duty, following 8 hours off-duty.
After 60/70 hours on-duty in 7/8 consecutive days.



Notes:
HOS final rule allows property-carrying CMV drivers shorter on-duty time, generally, but longer driving time.

Clarification of 14-hour vs. 15-hour rules
Under the 14-hour rule, the FMCSA will allow property carrying drivers to take off duty mid shift meal, nap, and other rest break periods, but those breaks will not extend the workday. These periods are included in the calculation of the 14-hour rule and a driver must not drive after the 14th hour after beginning duty.

The 15-hour rule for passenger-carrying vehicles may extend a driver’s workday. These drivers may take off-duty periods which are not counted towards their 15 hours on duty


New HOS Rules



Notes:

Retains drivers’ weekly limits on duty (60/70) and allows for a new restart period of 34 hours off duty which includes 2 sleep periods.

Or, Simply Stated . . .

       OLD                                                             NEW
10 Hours Driving                                         11 Hours Driving
15 Hours On-Duty                                       14 Consecutive Hours
(breaks may
extend On-Duty)                                         (breaks do not
                                                               extend on-duty time)
8 Cumulative Hours                                     10 Cumulative Hours
Off-Duty                                                  Off-Duty
60/70 in 7/8 Days                                       60/70 in 7/8 Days
                                                               34-Hour Restart


Notes:
Drivers may extend the 14-hour on-duty period by 2 additional hours IF THEY:

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.
------------------------------------------------------------------------


Notes:
Drivers can use the 16 hour exemption only once in their 7/8 period, unless restarted with at least 34 consecutive hours off duty.
Drivers are still limited to 11 hours driving.



Exceptions and Exemptions

Oil Field Operations,
Ground Water Well Drilling Operations,
Construction Materials and Equipment,
and Utility Service Vehicles
These motor carriers retain the 24-hour restart exception for 7/8 day duty periods, but must comply with the new HOS rules including:
10 consecutive hours off-duty;
11-hour driving limitation; and,
14-hour on-duty limitation (including the 16-hour exception).



Notes:
Exceptions and Exemptions

Oilfield Operations - No change in 24-hour restart.
CMV drivers used exclusively in the transportation of oilfield equipment, including the stringing and picking up of pipe used in pipelines, and servicing of the field operations of the natural gas and oil industry may end any period of 8 consecutive days with the beginning of any off-duty period of 24 or more successive hours.
Specially trained drivers of CMVs which are specially constructed to service oil wells shall not include waiting time at a natural gas or oil well site as on-duty time; provided, all such time is fully and accurately accounted for in records to be maintained by the motor carrier.


Notes:
Congressionally mandated and historical exemptions and exceptions are retained.

The new HOS rules do not change the 395.1 exceptions for the following operations: oil field, agricultural, ground water well drilling, construction materials and equipment, and utility service vehicles.


Exceptions and Exemptions

Ground Water Well Drilling – No change in 24-hour restart.
In the instance of a driver of a CMV who is used primarily in the transportation and operations of a ground water well drilling rig, any period of 7 or 8 consecutive days may end with the beginning of any off-duty period of 24 or more successive hours.


Notes:
Exceptions and Exemptions

Construction Materials and Equipment – No change in
24-hour restart.
In the instance of a driver of a CMV who is used primarily in the transportation of construction materials and equipment, any period of 7 or 8 consecutive days may end with the beginning of any off-duty period of 24 or more successive hours.


Notes:
Exceptions and Exemptions

Utility Service Vehicles – No change in 24-hour restart.
In the instance of a driver of a utility service vehicle, any period of 7 or 8 consecutive days may end with the beginning of any off-duty period of 24 or more successive hours.


Notes:
Exceptions and Exemptions

Agricultural Operations – No Change
The provisions of Part 395 shall not apply to drivers transporting agricultural commodities or farm supplies for agricultural purposes in a State if such transportation:
Is within a 100 air-mile radius from the source of the commodities or the distribution point for the farm supplies, AND
Is conducted during the planting and harvesting seasons within such State, as determined by the State.


Notes:
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.



Notes:



Notes:
390.23 Return to Duty After Emergency Declaration

Driver must be off 10 hours vs. 8 hours.
Driver must be off 34 hours if on-duty more than 60/70 hours in 7/8 consecutive days.


Notes:
Relief from Regulations
A driver requesting immediate rest after emergency relief efforts must be permitted at least 10 consecutive hours off duty before returning to the terminal.
Once relieved from duty, the driver must take at least 10 consecutive hours off-duty if they have driven more than 11 hours or been on duty more than 14 hours, and at least 34 consecutive hours off duty, if they have been on duty more than 60/70 hours in 7/8 days.

Adverse Driving Conditions
Property-carrying CMV drivers may not drive:
More than 13 hours after 10 hours off, or
After the end of the 14th hour after coming on duty following 10 hours off.

395.1(e) 100 Air-Mile Radius Driver

10 hours off-duty vs. 8 hours
Limited to 11 hours driving
May continue to use a time card or time sheet as their record of duty status.


Notes:
Sleeper Berths
FMCSA will continue to allow single drivers to accumulate their required time off duty in two sleeper berth periods.
No driving time may occur after the 14th hour of on duty time accumulated preceding and following each rest period.
New rule has been modified from the Canadian version to enable a driver to have off duty time in conjunction with sleeper berth time, which the agency has previously allowed.

395.1(j) Travel Time

Considered off-duty if the driver remains off-duty for 10 consecutive hours upon arrival at the destination.


Notes:
Travel time for drivers not driving, but returning to their destination is considered off-duty if the driver remains off-duty for 10 consecutive hours upon arrival at the destination. This occurs in a number of trucking operations (e.g., remote construction projects) generally involving vehicles not equipped with sleeper berths. This also occurs in charter bus operations involving relay teams, but continues to only require only 8 hours off-duty.

Compliance Dates for Changes

Carriers/drivers must comply with
existing hours-of-service rules
through January 3, 2004.
Mandatory compliance with new
hours-of-service rules begins for all
carriers/drivers on January 4, 2004.


Notes:
During the implementation period, the FMCSA must:

During the implementation period, the FMCSA must:
Train enforcement officers;
Modify computer systems; and,
Develop educational tools for the industry and the public.
This also allows motor carriers subject to the
hours-of-service rule to:
Educate their employees; and,
Make any operational changes necessary to comply
with the new regulations.


Notes:



Notes:
FMCSA must modify its computer systems:

FMCSA must modify its computer systems:
CAPRI, MCMIS, SAFETYNET, EMIS, UFA, and ASPEN to incorporate the regulatory changes.
FMCSA must train the Federal and State enforcement staffs to use the new information systems.
FMCSA must work with the CVSA to amend the Driver Out-of-Service criteria prior to January 4, 2004.


Notes:
FMCSA must update its Field Operations Training

FMCSA must update its Field Operations Training
Manual and Motor Carrier Regulatory Information
System (MCREGIS) in the six months following
publication.
FMCSA will update its education and technical
assistance (ETA) packages, alert the truck driver
training institutions, and modify all other HOS
educational materials prior to January 4, 2004.


Notes:
Motor Carrier Safety Assistance

Motor Carrier Safety Assistance
(MCSAP) Program
FMCSA plans to encourage States to adopt compatible rule changes as soon as possible.
As allowed by § 350.335(b), FMCSA plans to provide States up to three years after publication to adopt compatible rule changes.


Questions?



Notes:
New HOS Summary
Moves towards a 24-hour clock for CMV drivers.
Increases drivers mandatory rest period.
Decreases drivers on-duty period.
Allows short-haul carriers an increased on-duty period once a week.
Retains drivers’ weekly limits on duty (60/70) and allow for a new restart period of 34 hours off duty which allows for 2 sleep periods.
Maintains the current record of duty status (log book) in effect.
Maintains the current recordkeeping rules in effect for all CMV drivers.
Does not require mandatory electronic on-board recorders for drivers.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Page Last Updated:    Tuesday November 06, 2007 09:19 AM

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