New HOS Rules Go Into Effect And It’s A Bumpy Ride

July 1st marked the start of the new HOS rules and already the smooth transition predicted by the FMCSA has had a bit of a shaky start. While it’s too early to have any concrete figures released, individual drivers are having issues pop up everywhere.

Our forums are exploding with drivers asking for clarification on the rules, and even among the most experienced drivers there is still some confusion as to the exact real-world application of the rules. While FMCSA Administrator Anne Ferro has stated that the HOS changes will really only have a “significant effect” on 7-10% of drivers, the actual impact has been much more widely felt. It’s not only the coast-to-coast OTR guys who are impacted, it’s also the guys who spend long periods of time sitting at docks waiting to load or unload and many other drivers as well.


Outside of the industry there’s a general note of confusion regarding how much truckers are complaining about working fewer hours. If you told most of the working population in the United States that they were about to have the amount of hours they had to work cut by as much as 15%, there would be cheering. What those not in the industry don’t understand is that for truckers, every hour spent on the road equals more miles driven, which equals more money… and for many truckers, money is earned only by working as much as is humanly possible.

If you have a specific question about the new HOS rules, feel free to ask in the forum on in the comments section.

The following rule breakdown is taken straight from the website of the FMCSA:

 

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{ 160 comments… read them below or add one }

Christian schmal July 5, 2013 at 4:51 am

These rules are messed up even though I am driving like I di d when I first started 17yrs ago when i first started driving so I dont run out of hrs but this 30mic break is the hardest thing to remember when tou have all your supplies for lunch and drinks in tge trk

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Sir Leo July 6, 2013 at 11:34 am

People always talk,why don’t you go to the source or stop driving… I’m sure enough drivers stop driving someone will here us..

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William July 7, 2013 at 9:46 am

The 30 min break is super easy to do. If you only want to have to stop once in your day. Here’s what I do. Once I start my day I’ll go 5.5 to 6 hours then stop take the break and then hit the road. That’s half way thru my day. Once you get into a habit of doing it it’s easy.

Best of luck to all my fellow drivers with these new HOS changes.
I’m more than glad to help any of my fellow drivers to understand these new rules. If you have questions please feel free to email me your name question and phone number and I’ll be more than glad to call you up and help you understand this.
My email –> FSTE_TIGGER@yahoo.com

When I started driving I learned it the “old school” way. As time has went on I had to learn the “new school” way. I feel it is our JOB to help each other. To explain the rules when they change to someone that can’t quite understand them. To help a driver adjust his weights. We all know its easier with two people. Lets continue to HELP each other and these HOS change will be just a minor speed bump for us to all over come.

William
15+years OTR exp.

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Sherrie July 13, 2013 at 10:59 am

William I love your positive, helping attitude. I am glad we have drivers out there willing to help others when they do not understand. Kudos to you!!

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Dana O. July 5, 2013 at 5:15 am

As a team driver who does night driving, I would like to give the one finger salute to the imbecile who thought of the 34 hour restart rule. Thanks to the rule, it has screwed me out of my hours to drive a full shift at night and catch my hours up for the past two weeks, since the company I contract for, implemented it early. As a team who does coast to coast every week, we are surely feeling the effects of it and want the federal government to stop messing with this industry. We understand the thirty minute breaks, but to regulate is when we have a 34 hour restart is ridiculous, when a third shift employee has no regulation to work at night in a regular job. This is discrimination at its finest and another way to hurt us hard working drivers even more.

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Brian July 5, 2013 at 8:02 pm

Wishful thinking, but this should push companies to increase the rates charged to shippers, and pass along that increase to the drivers. When will drivers wake up and refuse to drive OTR for less than a middle-class annual wage (didn’t a politician recently say that $250K annual income is middle class?) no matter the miles driven? There needs to be a salary floor that reflects the amount of training and responsibility that comes with that CDL and endorsements, with bonuses paid based on safety and productivity.

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sudon't July 6, 2013 at 2:28 pm

“…money is earned only by working as much as is humanly possible.”

Yep, and that is thee problem, right there. The H.O.S. rules would become unnecessary if we were paid like every other worker – by the hour. Our time is wasted in the dock (and elsewhere) because nobody has to pay for that time. Except, of course, the driver.
If we were paid by the hour, at a decent rate, with overtime in excess of forty hours, drivers would have no reason to violate, and trucking companies would have less incentive to push drivers to violate. You’d see shippers and receivers either find innovative ways to to quickly load and unload trucks, or live loads would become a thing of the past. And drivers would take home a decent salary without overworking themselves.
It would also likely cure the industry’s “turnover” problem, which would be a big plus in terms of safety. Drivers constantly leave this profession because they work too hard for too little money, and cannot have any kind of life. Can you imagine any other type of employer, with turnover in excess of 100%, not doing something drastic to change that? In every other profession, employers make concessions to retain talent.
There is absolutely no reason truck drivers should be treated differently than any other type of employee. Especially considering how much responsibility (and liability) a truck driver is given.

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Anthony July 6, 2013 at 11:38 pm

I understand and agree with you but then you would have drivers “staying on the clock” for an ungodly amount of hours to make more money. That’s why companies won’t do it.

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Scott July 12, 2013 at 6:15 am

We operate a small 7 truck OTR company and pay hourly with OT over 40. We pay straight off the EOBR, has been a positive experience for management and drivers.

Terry Canning July 7, 2013 at 10:15 am

Glad to see someone else looks at it the way I have been for a few years now. No other industry I know of where the people of said industry are so regulated and have to go through background checks, physicals, training and safety on regular intervals not to mention hazmat,TWIC, and passports and get tested to get various endorsements and are classified as general labor. We have many great and safe drivers out there and having been a driver for 12 plus years I know that I still have much to learn,however I don’t consider myself a laborer. I as well as those that drive everyday are honing our skills on a daily basis and with the responsibility we have we should be treated and paid like the pros we are.

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mell July 7, 2013 at 11:03 am

Well said!

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Kevin July 6, 2013 at 4:47 am

Amen to that Dana. I am getting so sick an tired of Nanny State government. It goes beyond safety! I drive nights to. What is messing me up is the 1/2 break. When I stop, I end up getting tired. I was doing just fine without it. To top things off, now I get a half hour less sleep ( I usually finish my shift in 10-12 hrs).

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Trish Thompson July 6, 2013 at 7:04 pm

Kevin, you hit that one right. I do just fine with 15 minutes every few hours. 30 is just enough to get sleepy. Why are we regulated to the point of punishment? Makes no sense…

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James Beam July 12, 2013 at 5:08 am

Exactly!! Wth does it matter if we have 2 periods of 1-5am?? This supposed to cause less accidents, and make the roads safer?? NO!! It actually gets you out of the routine, makes things worse, and in your situation, gets in your pocket . I say Fake it till you make it, if possible.

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JJ July 5, 2013 at 5:28 am

I understand that the 30 min. Rest break is logged off duty but doesn’t extend your 14 hours. My question is does it count against your 60/70 for the week. My thought is that since its off duty it would not but my company is telling me otherwise

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terry July 5, 2013 at 10:12 am

I dont see how it would possibly count towards the 70 hours since it is logged off duty. remember the only time that counts towards the 70 is time that is logged on the drive or on duty not driving lines. i would ask that your company safety retake whatever new classes they were given regarding the new rules

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JJ July 5, 2013 at 1:05 pm

lol. That’s probably a good idea.

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Cary July 5, 2013 at 11:29 am

It does NOT count against your 60/70 rule. It does however count in figuring the 14 hour rule. So basically you now have 13.5 hours a day to complete your 11 hours of driving in Interstate commerce.

Cary Davis
Safety Officer
Albert Moving & Storage

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Bryan July 5, 2013 at 1:04 pm

If it affects the 14 hour rule,it affects the 60/70 rule. Let’s designate the driving line as line A and on duty not driving as line B. When the driver goes from an off duty status (off duty/ sleeper) the clock starts A + B = C. Like algebra, what you do to one side ,you do to the other.

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Dave July 6, 2013 at 12:20 am

No the 30 minute break does not in no way effect the 70 hour rule only the 14 hour rule because it is logged off duty

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Tim July 5, 2013 at 1:08 pm

The 30-minute rule doesn’t impact the 14-hour rule at all. You still have your full 14 hours to drive your (up to) 11 hours. All the 30-minute rule does is impose a new condition on how you log your (at least) 3 non-driving hours in your 14-hour period — it’s still a 14-hour period.

Little tip: by starting a 30-minute break sometime at least 5 1/2 hours after, and before 8 hours have passed since your 14-hour period began, you’re good for the rest of your 14-hour period: you don’t need to worry about taking a second one. But if your first one starts before 5 1/2 hours have passed, and it’s exactly 30 minutes long, then the 8-hour clock will reset and begin ticking again as soon as you come off that break.

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Tim July 5, 2013 at 1:11 pm

Meant to say “sometime up to and including” 8 hours since your 14-hour began.

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Anthony July 6, 2013 at 11:43 pm

Actually it does affect your 14 hour clock. That clock doesn’t stop once started no matter what you do. So if you start work at 6 in the morning you’ve got to take your 10 hour no later than 8pm. The half hour break doesn’t extend your 14 clock to 14.5 hours.

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DebH July 7, 2013 at 9:08 am

The 30 minute break comes into play within 8 hours of DRIVING. In other words, take that break after 3 hours of DRIVING and you are good to go for the remaining 8 hours of your allowed 11 hours DRIVING.

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JJ July 5, 2013 at 1:09 pm

Thank you for the response!

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Jimmy Backus July 5, 2013 at 1:04 pm

30 minute break DOES NOT count against your 60/70 hours, ONLY if you log it as off duty not driving or you can even show sleeper berth. Plain and simple, if you don’t show on duty, it does not count as on duty time. Just remember, it DOES NOT extend your 14 hours on duty. So if your one of the drivers that logged 14 hours every day like I do, now I only log 13.5.
Although I am oilfield exempt now because of the new rules regarding oilfield workers. I starting complying to this new rules about two months ago.
I really do understand all the confusion that a lot of you are having and it is because of the way it is worded. I will answer all this questions and clear up all the confusion in later replies.

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Jimmy Backus July 6, 2013 at 1:42 am

30 minute break : Under the new rule, for example let’s say you started driving soon after doing your pre-trip. Weather it’s 15 minutes or 3 hours. Depending on many factors such as, you are ready and able to leave or you come on duty and have to wait due to loading time. Now let me add right now that keep in mind, I’m trying to cover many factors and so many DIFFERENT types of jobs. The confusion is the way it is worded. It DOES count against your driving WINDOW, but DOES NOT count against your 60/70 hour limit due to the fact that it will be recorded as OFF DUTY. It also DOES NOT EXTEND your 14 hours of service. Even though there are ways to extend your 11 hours of driving (up to 2 hours)within your 14 hour driving window. You CANNOT drive past the 14 hours. ITS ALL IN THE WORDING. Okay now back to the 30 minute break. It HAS to be before (no later)8 consecutive hours have passed since last off duty which includes sleeper -berth or you can take it as soon as the 3rd hour. No matter how you figure it, you will not be driving more than 11 hours so there is no need for a second break You can still work up to your 14 hours but a break is not required cause no driving is being done. Only those drivers who carry Division 1.1, 1.2, or 1.3 explosives can count on duty time attending to the vehicle as a break For the rest you must log off duty. Fueling, loading or unloading working on the vehicle and many other things along with each different type of work counts as on duty/not driving. When you stop to eat, that is considered off duty.

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brian July 5, 2013 at 5:42 am

Yep its screwing up my days already

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paul tyler July 5, 2013 at 5:44 am

everyone thinks and is being told “you cant take a restart untill the end of your last one”, this is completley false if you read the law ion the fmcsa website it say’s ” may be used once per week, 168 hrs,, starting from the BEGINING of the previous restart.” so that says you 34 hr restart is included at the begining of your next 168. the cvsa is telling everyone you cant take a restart till the end of your previous one, this is not yrue. i think thier just adding to the confusion by using thier own intsrpitation.

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Cary July 5, 2013 at 11:43 am

You are correct! The ruling states that you calculate your 34 restart from the “beginning” of the last such break period.

395.3Maximum driving time for property-carrying vehicles.
(d) After June 30, 2013, a driver may not take an off-duty period allowed by paragraph (c) of this section to restart the calculation of 60 hours in 7 consecutive days or 70 hours in 8 consecutive days until 168 or more consecutive hours have passed since the beginning of the last such off-duty period.

If you started calculating from the end of this duty period, then it would break down like this:
34 Hour Restart – Begin 7:00pm Friday
34 Hour Restart – End 5:00am Sunday
Wait 168 hours for NEW restart eligibility
Restart 34 hours + 168 hours wait time = 202 Hours the driver is down before he can begin another restart period. If you calculated the restart this way it means a driver could only be eligible for a restart once every 8.41 days.
This is not how the regulation reads.

Cary Davis
Safety Officer
Albert Moving & Storage
caryd@albertmoving.com

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beavis July 5, 2013 at 6:23 am

Doesn’t really bother me. I’ve been taking a 30-60 minute lunch break since about 2000 so not much change for me. I bet it is killing the LTL carriers like YRC, SAIA, ETC. though.

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Sprinks July 5, 2013 at 11:06 am

Similar to LTL, I am a peddle driver (multiple stops per day), I get paid by the hour, not the mile and am usually out 4 days, home 3. Having to go off duty for my mandatory 30 minute break has taken 2 hours of pay from me this week. Has made me miss making at least one stop that I couldn’t get to before they closed because I had to sit for 30 minutes that day. Has forced me to drive faster to make up for the 30 minutes I sit idle to make the same number of stops each day. And lastly; I do not need one more stop added to the 7 to 10 stops I typically make each day. I can understand the FMCSA’ attempt to force, point ‘A’ to point ‘B’ drivers to take a break, but once again, the FMCSA’ attitude that the business model for all truck companies does not vary and that all drivers need for rest is identical. Who are they kidding?

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chad July 5, 2013 at 12:42 pm

Log a 30 minute break during one of your unloadings. Just make sure it’s after you’ve been working 6 hours. I have to do this as well on delivery routes. Really only effects me when I head back home. now I don’t stop a couple times a day, just the one that’s mandatory.

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Jimmy Backus July 5, 2013 at 1:35 pm

I agree with you. I have been driving since 1982. Have seen lots of thins happen over the years. Some good, some bad. Every driver is different, there are a lot of drivers out there who are responsible and some that are not. It only takes one bad apple to ruin the. YES, let’s face it the new rules are because of the bad apples. Drivers who just don’t know when to shut down. Not to say all wrecks are do to fatigue, most are. And yes we ate going to have to make better time to get the same amount of work done. Some may or may not agree with this and that’s because as stated, each driver is different so is each drivers route. It would help if non truckers would show a little respect when pulling out in front of us or letting us have the right of way when they see us coming. If we all spread the word to friends and family and even contact your local news station ( word of mouth ) might sound crazy but what could it hurt. I for one though will not be driving faster for several reasons. Speeding tickets, fuel mileage, etc….

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easy rider July 6, 2013 at 10:26 am

i totaly agree with you. these people have no respect for big trucks thanks to all these lawyers who wants to sue big trucks .we are the only ones who are guilty until proven innoccent

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Anthony July 6, 2013 at 11:51 pm

I get paid by the hour as well and while the break hasn’t cut my hours any it has made it harder to get the trucks back to the yard in time for the day drivers to get out on their routes. Therefore, it’s a never ending snowball of routes running behind throughout the week. Our company will eventually have to compensate by adding additional routes, trucks, and drivers, in the long run costing more money unnecessarily.

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walt July 8, 2013 at 9:36 pm

I’m pretty sure the Asiana Pilot was taking his mandatory half hour break during the landing phase.

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Frank Burton July 5, 2013 at 6:56 am

I started trucking in 1988 trucking was a good way a living to make and still do it safely . All the change of hours only cuts drivers pay and the more down time makes you tired no one can sleep for 10 hours it should e 8 and e logs shoud be outlawed drivers needed to tThink

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AfroBat July 5, 2013 at 7:07 am

Anyone care to take a trip to DC and demand pay by hour with me? I’m getting a little concerned about my pay…

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Jimbo July 5, 2013 at 7:34 am

Or Chicago….Or Atlanta…Or Los Angeles…or~~~~~

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Brian July 5, 2013 at 8:12 am

Congress can’t tie their shoes lately without assistance. And you think they are going to help? Bwahahahaha.

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patty July 6, 2013 at 9:42 am

Many of us are more concerned about out pay.FMCSA coul give a rats ass because they’re mking big bucks while the driers are making below living wage literally.They want us to work like the avarge time clock job then pay us by the hr and stop helping companies out by giving them subsidy.Companies are’nt hurting because the forced taxpayers come to their aid thanks to our worthless government.

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sudon't July 6, 2013 at 2:47 pm

Would there be any need for H.O.S. regulations if we were paid by the hour, with overtime after 40 hours? A truck driver should earn at least $25 per hour to make a decent living. That’s a thousand bucks for a forty hour week. Believe me, the job would get done within those hours, because the trucking companies and the customers would stop wasting all that time they’re getting for free right now. As it is, we’re subsidizing the low prices everyone else pays through cheap freight.

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glenn koehler July 5, 2013 at 7:26 am

It’s not about HOS or pay by the hour, because let me tell you all, I get paid by the hour to drive and employers are not complaining much over this new HOS, it doesnt effect them; it only effect the employee. in their paychecks! yes, its true that most people would cheer to be able to work less for the same pay, but; if your an employer like mine who likes to throw it in your face that he can work me 16hrs a day if he wants too and only give me 8 hrs rest and call me back to work. its not DOT, its the employers wanting cheap labor. i say we push for cival service recognition. paid by the hour i already get

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James C July 5, 2013 at 7:27 am

I don’t get this “Home Terminal” thing with the 34-Hour Restart. Is is meant to mean you can’t get a reset where ever you are now? I get one every weekend, but I am always at some random truck stop or hotel when I take it.

Help?

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Bill July 5, 2013 at 7:56 am

Read it again. It says home terminal “time”. Not home terminal.

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bill norwood July 5, 2013 at 3:31 pm

I see,my bad thanky wild bill

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Vampire July 5, 2013 at 7:59 am

you must have 2 consecutive breaks between 1 A.M and 5 A.M. home terminal TIME,not at your home terminal….between those hours on the time you log,not necessarily local time

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Brian July 5, 2013 at 8:06 am

@ James C
“Home terminal time” refers to the time zone you typically use to log with ie; Eastern, Central, Mountain or Pacific. In other words, if you are in California but you log your hours according to Eastern time (home terminal), the 1AM-5AM requirement must be based on Eastern time…not 1AM-5AM where you are currently located (California/Pacific) for the reset.

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bob July 5, 2013 at 7:36 am

Its going to get much worse when we are made to give up paper logs, THAT’S WHEN I QUIT

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Dave July 6, 2013 at 12:39 am

I am already on eobr and I like it myself I still get the miles I want but what I really like about the eobr’s is when I get pulled into be inspected once they see the sticker on the truck they don’t even ask and in most cases they will just wave me through and not even look at the truck the dot doesn’t like eobr’s at all because they take away a major revenue maker from them

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Chizel July 5, 2013 at 7:37 am

“Hello, I work behind a desk in an office building, never been in a truck or around the transportation industry and I’m going to make new improved rules and regulations because I’m so smart with my degree I got from a university I paid dearly for. I’m going to make rules for the blue collar industry because I wouldn’t want to try make rules and regulations for let’s say attorneys or government officials, that would be so hard.” Confessions of a suit and tie office building person with a super doupper degree in bs proliferation.

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glenn koehler July 5, 2013 at 7:48 am

I drove a rig OTR for 16years and I saw how employers raked drivers over the coals. with DPT rules doing nothing but sheltering the employer. giving the employee no help what-so-ever, I couldnt wait to get out of that OTR hustle and bustle with no pay unless your wheels are turning. whomever thought that one up was a freaking smart man, and to get employees to actually fall for it was even better. let me tell you that paid by the hour isnt any better, i still get my employer throwing the DOT hrs up in my face, I can work you this many hrs legally. so see, its employers that DOT should mandate. i would love to only drive 8 hrs a day vs 11hrs and work a total of 13hrs everyday. bust employer balls for a change

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Mark Triplett July 5, 2013 at 1:19 pm

Yes…. AGREED!

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Myron Lind July 5, 2013 at 7:54 am

I have always had a break somewhere in the day in the 5-7 hour window. The 34 hour restart will force me to adjust how I run a couple times a year. I really don’t see that this is that big of a deal.

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Lisa July 5, 2013 at 8:42 am

You must be one of the 5 to 7 percent that it doesn’t effect, yet. Wait until the fuel islands are jammed up with night drivers trying to take their 30.

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glenn koehler July 6, 2013 at 10:09 am

they already do that, they have been doing that for years. they take a shower,brush their teeth,shave, all while sitting at the fuel island. heck, you can log 1/2 hr break waiting at the fuel island

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minority of one July 5, 2013 at 7:55 am

James C, for purposes of satisfying the two consecutive 1-5 am provision, it must be 1-5 am in your home terminal time zone. If you log central like I do and if you are on the east coast, your restart must contain two consecutive periods between 2-6 am local time and if you are on the west coast your restart must contain two consecutive periods between 11 pm and 3 am local time.

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Buzz July 5, 2013 at 7:59 am

I’m not clear on the 168hrs part of the 34 hr restart. Do you have to reach 168 hrs before you can restart or what. I’m not sure where 168 comes in to play

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Brendaroni July 5, 2013 at 11:25 am

I’m confused about that too, a driver can’t restart if he met his 70 hrs in less than 8 days?

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Christopher July 5, 2013 at 12:02 pm

It means exactly what it says. From the first second that you start a 34 restart, you cannot use a 34 hour period of off duty time to reset your 70 hours. You can take as much off duty time as you want. But you can only reset the 70 hours once and then cannot reset again until 168 (7days) passes from when you first started it. In my opinion it’s best to just to go back to the old running recap days

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Dave July 6, 2013 at 12:45 am

Back to using 8.75 hours a day and never run out of hours

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Jimmy Backus July 6, 2013 at 7:06 am

Once you are off for 34 hours or 24 hours consecutive it automacality becomes a restart. Saying that you can only do it once in the 60/70 is false. It’s only once (IF) you work 60/70 hours which take (AT LEAST) five and up to eight days or work all days of those days 7/60 -8/70 which by the way can be done. Then it only becomes once.

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Bill July 5, 2013 at 8:04 am

The problem is these bureaucrats in Washington don’t know the first thing about trucking or the flexibility needed to perform this job. There are so many variables on the road that these people don’t consider. Because in their little world everything runs on a schedule and you’re home by 6pm every day. Good for you but that’s not how it works out here. Leave the trucking to the trucking community. Trucking is not a 9 to 5 Anne.

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Terry July 5, 2013 at 8:08 am

Why on earth would anyone want to drive a truck in the US if you have to abide by these rules, sounds like the only happy drivers are the ones who would drive a big shiny rig for free! I won’t travel overnight without per diem while you guys get absolutely nothing to stay out on the road for days and little or nothing for waiting time. Drivers have created their own dilemma.

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Rob July 5, 2013 at 11:00 am

I’m Canadian, and I stopped running down to the States at least 10 years ago. It was bad enough at the borders because of 911, and then the suits started constantly dicking with the HOS. I’ve been on the road for over 33 years. I don’t that grief, so instead, I’ve just run up here. Different HOS rules (even those have changed a couple of times), less cash register attitude at our scales, and no magic performed in the logs when going across the border either way. I really feel sorry for you guys down there. I won’t get into the details about our current HOS, but suffice to say it’s 13 driving and 1 on duty per day. We don’t have too many cities conveniently located within 11 (or horrors 10) hours of each other. So for example, a major route up here is between Vancouver and either Calgary or Edmonton. In good weather either city is easily doable within our HOS, in the winter all bets are off. But if our hours were limited to 10, neither city would be doable in one shot no matter how good the weather or roads were. That would essentially shut down that corridor for 1 day service. The howls would be beyond belief, and of course, drivers would take home a lot less every day cuz of the per mile pay. I’d love to work 8 hours a day like normal people, I’ve kinda had it with go go go. But, that’s the life I chose. I totally agree that all of us should just get paid by the hour (overtime, what a concept). But that ain’t gonna happen. And now King Obama has brought in a new transportation secretary with a background as a mayor and his one claim to fame is sort of rapid transit in a city. Oh, you poor American drivers. I truly feel sorry for you.

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glenn koehler July 6, 2013 at 10:21 am

i used to run canada all the time up untill about 6 months ago when i stopped running OTR. used to run alaska in winter and summer. spend alot of time around canadian drivers and got very used to driving their hrs , as i could once i crossed the border. it changes again once you cross into alaska, you can drive more hrs in alaska then you can in canada. but its all different in canada, cities are spread out, traffic is really not an issue, 100km/h with cruise on and sit back and have a stress-less day driving. i always had less stress driving in canada and the wife/myself really really miss liard hot springs and D-bay, we allways had a good time in sign city. makes us wish we could immigrate sometimes. be safe my northern friend

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Ron Myers July 5, 2013 at 8:12 am

You know I’ve been doing this deal for a great many years.
Were constantly trying to stay ahead of the bat, either over it under it or a crazy pitch a SCREW BALL CURVE BALL KIND A PITCH. NOW WE JUST HAVE TO MAKE SOME MORE ADJUSTMENTS!!
WE GOT MORTGAGES,PMNTS TRUCKS ,CARS AND EVERYTHING ELSE THAT COMES ALONG WITH LIVING A REASONABLY GOOD LIFE.. WERE GONNA GET IT THERE AND WERE GONNA KEEP ON DOING THAT DEAL, IT’S CREATIVE WRITING 101 AGAIN!!!
SO LET’S JUST KEEP IT COOL IN THE STOOL , AND HANG ON..
TO ALL MY TRUCKER BROTHERS AND SISTERS OUT THERE BRINGING IN THE LOADS…..
GOD BLESS US AND WATCH OVER US HELP US KEEP THE SHINY SIDE UP…

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William Brawner July 5, 2013 at 8:15 am

Thank you fmcsa,

Ive had nothing but issues with this new rule it has greatly reduced my miles by 15% . I would propose you have your pay reduced 50% and see how you like it. Anyone who reads this lets throw caution to the wind and just throw our keys on the dash and tell the government to go get the stuff themselves,.

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Sean July 5, 2013 at 8:30 am

I decided long ago not to work for the low life companies that expect you to do certain things for free. I speak mainly of all the mega carriers. There are good companies out there that will pay you for all of your time. You just have to be selective and find them. When you work for a company that fairly compensates you, these new rules are not a problem. Just say no to working for places like Swift, Werner, Schneider, etc.

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Biscuit July 5, 2013 at 8:44 am

Im a dispatcher/relief driver for a big grocery disturbution center & the major thing that is messing us up is the new reset rule. 95% of our trucks go out between 2200 & 400 but dont get back in time to get resets in so we are having to run off our 8th day hrs. Were either gonna have to double our drivers or cut half our customers. Not a big fan of these new regulations!

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Bill July 5, 2013 at 10:27 am

Reason being that Anne and the rest of the FMCSA thinks we all should work 9 to 5 like they do. Problem is freight would come to a hault in this country with that thinking. You wanna work 9 to 5 go work at a bank. You wanna drive a truck then suck it up. I’m an OTR O/O. So what happens when you don’t get home for the weekend til 2am Saturday morning. You have to sit til Monday morning to get a reset?.. I got freight to deliver. Some of us like it on the road and don’t need two full days off every week.

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glenn koehler July 6, 2013 at 10:38 am

your attitude will change in about 10 years after you have been in this industry a bit longer.the only drivers who actually like trucking now days are the rookies or the wannabee cowboys who only care about showing off what they drive not too worried about the pay just as long as they can not be governed and like working for free. there is NO money in trucking anymore. hasn’t been for decades

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james July 5, 2013 at 8:47 am

still up in the air over the 30 minute break rule. I went over and started driving a cement mixer and was told they were trying to get an exemption because concrete is considered a “precious commodity” that has to be delivered in a timely manner. I assume anyone hauling and time sensitive cargo tried this exemption but from what I have been told it was a no go and everyone has to take their 30. At first they wanted us to keep track of when we took it so they could adjust our time cards, but management had a change of heart and decided they would pay us for the 30 but we still have to log it. That started some confusion from people who apparently don’t know log rules. I was trained and came to understand, if you are authorized a break or lunch period prior to July 1st, you showed it off duty. One of the managers stated, “you can’t show off duty because you are still on the clock.” when pressed about how to log it, he went from on duty not driving to sleeper berth. he still didn’t seem to understand that on duty not driving was still considered work and how many of you have ever seen a cement mixer with a sleeper berth?
The trend I am seeing though is the times we have to take the breaks. every single time so far for me has been the most inopportune time. Heck the other day, I still had some cement on my truck that needed to be taken care of after all we know what happens if you shut a cement mixer off with a load on and let it set. I was told to get rid of the cement and take my 30. Ok no problem, but the main dispatch started my 30 ten minutes before I actually got through emptying out the mixer. And my company wanting to save money doesn’t want us to leave the trucks running if we don’t have a load.

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Doc July 5, 2013 at 9:10 am

The 30 minute break is easiest to log if taken between the 5th and the 8th hour after beginning your day. And, contrary to some comments I’ve read, you CAN take it in conjunction with a delivery/pick up time. IOW…let’s say that you get to you shipper/consignee (or for that matter, fueling) …simply take the mandatory 30 minute break before or after the time you spent at any of the aforementioned places. Of course, if you’re LTL, or some other type drivers, you may actually have to take the break instead of absorbing it within you time.

Hope that helps…

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Jimmy Backus July 5, 2013 at 1:55 pm

I agree with the 30 minute break being easy to log. I disagree with having to take it between 5 to 8 hours though. Don’t know about y’all, I usually don’t need a break within the first 8 hous of working when I just had a good nights sleep. I need a break later on in the day.

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Doc July 6, 2013 at 7:16 am

Hand…this like other “rules” from the elitist must be taken in stride, and done at OUR advantage. Simply log your break between the 5th & 8th hour and you’ll never make a mistake. Don’t get so caught up on if you “need” the break or not, just log it.

I don’t know about you, but I stay in the seat and don’t stop at every truck stop or greasy spoon. So when I do stop to use the restroom, I can easily log a 30 minute break. Try it, it works!

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Jimmy Backus July 7, 2013 at 10:37 am

Doc, I fully agree about logging it between the 5th an 8th hour. I have been logging it like that since the new rules came out in Feb. I was just saying that it would be nice to take a break when needed and not forced. I will leve out personal thoughts form now on because I see where that only confuses things.

glenn koehler July 6, 2013 at 10:52 am

i have started using the 5th-8th hr system and it works great, never have to worry about taking a second break. my only problem is… i got off the road OTR and drive local and still put in 14hr days, my employer tells me to take my break while loading/unloading (which i can do legally), problem is, my first stop is 45minutes from terminal , next stop is 45minutes from there. the next stop is 4hrs away. so depending on how long recievers choose to take unloading me, im bumping 8 hrs by the time i get to third drop which stresses me out. (thanks fmcsa). so my boss says,” take your break at first stop”. yeah rite, 45minutes after i start my day you want me to do a lunch. then nothing changes. your rite back to OTR BS. its employers that need regulated.

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James White July 5, 2013 at 8:51 am

Sounds to me like the ones that are telling us to quit complaining are the ones that dont even drive a truck. I’m on my break now as I’m writing this and I’m sitting behind a building because I have where else to go and park. I’m a backup driver and my route changes every week. How am I supposed to figure out where to park when I don’t even know where they’re sending me from one week to the next?

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Romain July 5, 2013 at 9:07 am

I’m a truck driver goin home everyday, I do bulk trailer and it couldn’t Fuck me more than this. First the 34 hour break rule since I start a day on Monday and get a day or 2 on the weekend I used to reset on this period of time now since I can reset until Monday I pretty much won’t reset until the next week end so their rule one 34h break a week is in real life every two week. Total bs

Now the 30 min break was a good idea but they are so stupid they impose us to take it no more than 8 hour on duty . So if u take your break after 2 hour on duty and work a full day you still have to take another break so it force me to stop when I could stop after a load not before

All this to say that I used to like this job not anymore to much bs we are watch non stop everything is our fault an now their is more stupid rules and probably more to come so I’m out

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Jimmy Backus July 5, 2013 at 2:50 pm

Not sure why you think you have to take another break later on in the day. Unless you are still thinking about the old rules. Under the new provisions you only need I break and can finish driving non stop up to the 11 hours. Even though there are exections to every rule that can be different depending on other factors. For instance if you go home every day or at least the five previous days you can one 16 hour day once a week. You can also work more than 14 hours if you need to, for instance if you reach your load or drop point at the 14th hour and need to load or unload, you can. You just can not drive. Remember though, you still need to get your ten off before you start driving again.

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Christopher July 5, 2013 at 8:16 pm

Jimmy,
You cannot drive after a solid 8 hours of on-duty/driving status period. So if you break after 2 hours and then work/drive for another 8, if you wish to continue driving there must be another 30 minute break in there. It’s easy to remember. You cannot drive after a solid 8 hours of on-duty/Driving/or a combination of both.

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Jimmy Backus July 6, 2013 at 7:51 am

Christopher,
It is my understanding that under the new provision to the old implementation dates published in a (FINAL RULE) in Dec. 27th 2011. The new provision states that before or up to 8 hours and (NOT before) the third hour. So taking a break in the first 2 hours will not count as a 30 minute off duty break. You can take as many breaks as you want, but for it to count as a 30 minute break it must be within the hours stated in the new provision. However I will go back and re-read the provision. It seems though I also read in the same provisio
n you can count the time off from the last hours of off duty time before starting your tour. This will mean that if you count 30 minutes of that time, drive 2 hours take another 30 minute break that’s 3 hours. Now you are left to drive 8 hours, now that makes 11 hours. So you see there is no need to take anoher 30 minute break because your 11 hours of driving is up in the 14 hour window time. I will say this, I had to read the new HOS several times and was pulling my hair out before (I THINK) I understood it all.

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Jimmy Backus July 6, 2013 at 8:38 am

Christopher,
Correction on my math on my last comment. Off duty for 30 minutes or more you can drive no more than 8 hours then you must take your break. You can’t count it as a break if your break before 3 hours. I was getting ahead of myself that makes 11 hours of driving. Looks like I need to get some rest before making any more comments.

Doc July 5, 2013 at 9:16 am

Simply make sure you take your 34 the SAME TIME every Friday night or Saturday morning. The 168 hr rule starts at the beginning of your restart. So, if you keep track of your time and log it exactly right, you will be fine. These new rules are really no big deal, if you know math, have logic and common sense (that is not a slam or an insult…just a matter of fact)

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Allen July 5, 2013 at 9:18 am

To start with we have to get out of “I need miles to make money” and in to ” I need money to make miles” I don’t take a load unless I make money that’s what it about it not about the miles I don’t what miles I want money for the least amount of miles.
Also if these rules a so safe and make working so safe why is our government not making it mandatory that all government and federal employees work under these rules

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Bill July 5, 2013 at 10:34 am

Exactly my thinking Allen. A good example would be a surgeon. Now here you have a person cutting another person open. That person on the table really has his life in the hands of that surgeon. Do they make him keep a logbook? Why not??. Seems to me we should know if he got sufficient rest prior to surgery.

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George Lucas July 5, 2013 at 9:19 am

If I read it correctly, I, personally, won’t have a problem. I haven’t worked 8 hours on duty/driving without taking a break. I was under the impression, as were some other drivers that, after you started your day and say you were on duty and driving for 5 or 6 hours, then took a break for 1/2 hour or more you still had to take a 1/2 hour break when you hit 8 hours. I’m assuming the 1/2 hour requirement is only if you were on duty for the 8 hours without an 1/2 break. Some one please correct me if I’m wrong.

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Jimmy Backus July 5, 2013 at 2:56 pm

No, you do not have to take it at the 8 hour point. It says (before) the 8th hour. So once you take your break you are good to go the rest of the day.

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Robert Symonds July 5, 2013 at 9:37 am

OK. Here is what I am willing to do. As Mr Hoffa did years ago. I am willing to take the brunt of our worthless government. To TRY to help the drivers. I am a O/O. And after 20 plus years of this crap. I want to change the BS the people keep doing to us. We are humans. We are dads and moms, and sons and daughters. I have lost everything I worked for .Only by following the rules. Broker says gotta go.? Shipper says nope break time.? DOT says cant move.? OK by the grasce of god. STOP MOVING.!

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Bill July 5, 2013 at 10:36 am

I 2nd that

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Jim Johnson July 5, 2013 at 9:41 am

Romain , the 168 hours starts at the beginning of the previous 34 hour break, so you can start it the same day every week. It doesn’t effect you at all.

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Romain July 7, 2013 at 1:15 pm

If it’s true thank you for pointing that to me my company told me we would have to recap once every two week cause the 168 start at the beginning of your day and not at the beginning of last 34h thank

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Outlaw July 5, 2013 at 9:50 am

You can safely drive the truck or you can follow the confusing rules but the one thing i’ve discovered is that the log book doesn’t get that load delivered on time. It’s almost as though they’re trying to force all drivers to quit or at the least, drive for a company. When you’re from the city and trying to tell an old cow hand how to rope a bull; he’s going to think that you’re a fool … and you know, he might be right. And for people who have never ridden 1oo miles in a truck to try and make rules for drivers who drive 100,000 plus miles annually … well, you get the picture. I once had a cop observe me for less than ten minutes and told me that I was a reckless driver and I place him in that category … Hello! This is your sign … To all you creative loggers out there …extra “sheets” do help! BTW, some cops are former truckers!

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Bill sande July 5, 2013 at 10:34 am

168 hrs from the start of your last restart or 168 hrs from the end of your last restart.

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Christopher July 5, 2013 at 12:09 pm

From the start of your reset

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Slipkid July 5, 2013 at 10:57 am

Grocery haulers have different delivery requirements than fuel haulers, logging trucks different than car haulers, etc. etc. Government solution to evert problem is to make a large blanket law they think will cover everything. They want all the responsibilities of safety dumped on the driver but take away all decisions that driver can make. Self preservation in me is pretty strong. I don’t need some Washington wackadoodle telling me when I need a break.

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scarface July 5, 2013 at 10:59 am

Ya the rules are screwing me already I deliver to walmart I must spend 30 to a hr in usually 3 stores a night and I need the rest of my time to drive back to DC all i do in stores is pull stickers so why cant this count for my break im not driving and sitting only makes me more tired and if Im too tired to drive I pull over I dont need the gov to tell me I need a break Im a big boy I know when I need a break.

the 34 is a joke I work nothing but nights and my 1 to 5 is pm not am its stupid I i have to take 60hr restarts maybe more if i burn my hrs in 6days I stay on nights and will be losing money.

hell I burn my 70hrs ever 6 days now I will have to take like 3days off away from my family for a restart and now I will have to stay out like all the time to make even close to what im making now

so basically i take 4days off ever month guess I wont be going home at all now to make up the money ill be losing its dumb and the gov need to Foff

Lets just hope they get these new rules threw out here in a few months by the appeal court

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Oh my July 5, 2013 at 11:02 am

I work for a mail contractor the 30 min not stopping the clock is messing me up bad now on a run that is 12 hrs it’s 12.5 and I’m late well no one ever said people in DC were smart and most of my time is spent over night and now I’m going to lose 2 trips aweek b/c of the 34 hr restart why fix something that isn’t broke

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Thank God! July 5, 2013 at 11:46 am

Thank God for these new regulations! NO longer can these trucking company’s forbid a driver to stop and eat lunch, stop and rest if you need to and force you to pick up a load at 2am after a 34 reset!!! Maybe I don’t make as much money, but I now have to worry less about my health and maybe killing someone for the sake of the company’s dime! THANK YOU!!!

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steve July 5, 2013 at 4:11 pm

well said i have 18yr food service n love it.

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Tyflesh July 5, 2013 at 11:54 am

The bottom line is the new HOS is going to effect us all in one way or another. The drivers will feel the effect on pay and bonuses based on customer service failures, not making our appointment times, because of this new HOS, Carriers will feel it because each truck will probably lose a load a week revenue, because of the restart rule, Shippers will be waiting on the trucks to arrive later, Drivers will be complaining about long wait times to get loaded or unloaded, And receivers will be having a fit that trucks aren’t making there appointment times as we were before, Especially that load is hold up there production, If you add up the 30 min break for 5,6,7 days thats comes to 3.5 hrs max a week multiply that x 52 weeks, thats 182 hours that we lose out on under this new HOS.. Unpaid, so all of us drivers need to rally together because they are putting a strangle hold on this industry…. And what nobody is really talking about is the real reasons behind it all…. The Big RailRoads want all the business and contract out the long haul shipment to trucking company’s because there container drivers can manage most of the local stuff, they are a very powerful front… But you don’t hear the real side of the story… It’s all about money and control.. God Bless my fellow road warriors!!!

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David Dunahoe July 5, 2013 at 12:09 pm

I could say a lot about the new rules, but I’ll sum it up in 4 words; More stress, less rest….

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Cary July 5, 2013 at 12:10 pm

Everyone breath deep and exhale. Now , you feel calm again right?

Let me break this down in laymen’s terms. It is actually fairly easy. First off I will post the regulation, then I will break it down.

395.3Maximum driving time for property-carrying vehicles.
d) After June 30, 2013, a driver may not take an off-duty period allowed by paragraph (c) of this section to restart the calculation of 60 hours in 7 consecutive days or 70 hours in 8 consecutive days until 168 or more consecutive hours have passed since the beginning of the last such off-duty period. When a driver takes more than one off-duty period of 34 or more consecutive hours within a period of 168 consecutive hours, he or she must indicate in the Remarks section of the record of duty status which such off-duty period is being used to restart the calculation of 60 hours in 7 consecutive days or 70 hours in 8 consecutive days.

First off remember this. If you don’t need to 34 Hour Restart don’t use it. It isn’t mandatory. You can carry forward hours from your 9th day.

With that being said, don’t jump the gun on me. I know a lot of you naysayers are all ready to start typing that you don’t always have enough hours to complete your jobs in this fashion. I was just throwing that out there.

If you do want the reset you must also remember that you may have a couple of periods during an 8 day period that you are down for 34 hours that would meet the criteria for a restart. So don’t just note in your remarks section “34 HOUR RESTART” on the first one that comes along. Wait until you get close to your 70 limit and look back on the weeks work. If you had two such periods that were meeting the restart criteria, then use the latter. It will be to your benefit.

Now let’s break this down…

1. The restart is always calculated using your “home terminal time zone” just like everything else you do in your log.

2. Here is a hypothetical start time for you to look at when calculating your 34 hour restart.

34 Hour Restart – Begin 7:00pm Friday
34 Hour Restart – End 5:00am Sunday

You have met your requirement for having two periods of 1:00am to 5:00 am by going through Saturday morning and ending at 5:00am Sunday morning.

3. In this scenario you would start counting from 7:00pn Friday evening forward 168 hours to determine your next eligibility time. This would mean that at 7:00pm the following Friday you would be eligible to start ANOTHER 34 hour restart period.

It is just that simple. Don’t sweat the small stuff guys! I know all of you are smart and most have, if you’re like me, been doing this a very long time and have witnessed numerous changes in FMCSA regulations over the years that we felt were ridiculous. However the law is the law, so to avoid fines and unwanted downtime we must push through this and make the best of it!

Anyone who needs help feel free to email me and I will do what I can.

MY TWO CENTS WORTH!

Be SAFE out there!

Cary Davis
Safety Officer
Albert Moving & Storage
caryd@albertmoving.com

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tommy griffon July 13, 2013 at 6:01 pm

Thank you so much for explaining that Cary. You are a blessing.

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bill norwood July 5, 2013 at 12:12 pm

what is this home terminal wording in restart,what if you are not at home terminal when you shut down,do you not get restart provision and just use 70 hour rule

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Doc July 6, 2013 at 7:25 am

This has been answered, but, here it is again in a nutshell…

The home terminal time is just that. Just as you do now driver. If your company is in Florida, and let’s say you’re in California, do you log in Eastern time or Pacific time? It’s really just that simple.

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ELVIN July 5, 2013 at 12:21 pm

The only way this is affecting me is that as a o/o I’m my own dispatcher and select what loads to run, this being said, if I don’t like it I won’t do it and some times is hard for me to get the perfect load and I have to wait sometimes more than 34 hours sitting at a truck stop and that means that I was able to restart more than once a week. Thanks to this rules I will need to start working harder and more hours for less money ( I will have to take those very heavy loads that pay the same as the less heavy ones but you use more fuel doing them).
I’m not too happy about it.

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Jimmy Backus July 5, 2013 at 12:42 pm

Jimmy Backus:
Keep your logs and turn them in with your taxes and you get 55.00 dollars a day for perdeem. That is if you are staying in your truck and not at home.

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Jimmy Backus July 6, 2013 at 9:43 pm

Sorry men, about saying to keep your logs that you will get $55.00 a day each day you spend away from home. It applies to O/O’s
I would also like to say that the comments I make are to help out, not meant to disrespect anyone. What I have learned today when returning to work is that even though I stated how many years I have been trucking which includes a period of some years of supervising up to 44 trucks hauling crude oil. (DOES NOT MAKE AN EXPERT). What I can say for sure though is that I respond only if I’m sure of answer. That to is not 100%. The point I’m trying to make is that at work today I spent the biggest part of the day answering questions that most of the drivers around here have trust in me. Well let me tell you that (ALL) the old school drivers were the first to say I was wrong and the next comment that came out of their mouth was I have been driving for X amount of years and then say something stupid. ( I WILL NEVER AGAIN START OUT BY SAYING HOW YEARS I HAVE DRIVEN ) I seen first hand how foolish that made them look. You know I kept my cool and decided to have a little fun. By the end of the day I was $40.00 richer and have two steak dinners coming. All won from the old school drivers. The younger guys kept an open mind and it was so much easier to explain the changes and oilfield provision. It took a lot of persuading to convince the old school that we will be ok and it does not effect us like it’s going to effect the rest of our trucking brothers and sisters who use up all of their drive time most of the time. We are lucky due to the fact that we very seldom do that. However their are some that work here that work different regions and are further away form their home terminal. The further away the greater the impact.
Sorry got side tract. So to sum things up, I’m only trying to help. If I reply with a wrong response I will be than glad to accept it.

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matt July 5, 2013 at 1:04 pm

the blogs seem to be wrote by mostly truck owners and not company drivers. I personally think it’s about time they mandated a 30 minute break for truckers. They were probably trying to get a 15 mintue break for every 3 hours of service. the reset rule is once every 7 days! not 8 days. so this means that for most drop and hook drivers they will have to reduce there amount of working hos to 10 hours a day. I have read nothing where 7/8 day recap is affected by the new rules. so that is a positive. also I have read nothing where a if the 70 hour period is up before the 7 day reset rule is met. a driver must wait 168 hours from the end of the 70 hour period. it simply says that a driver can only take 1 34 hour reset every 168 hours from the start of the last reset. I have also read nothing where if driver work less then the 70 hours. or if they work 5 days a week they will have to wait a week before they can work again

what I am talking about.
example
day 1. 10 hours
day 2. 10 hours
day 3. 10 hours
day 4. 10 hours
day 5. 10 hours
day 6. 0 hours day off
day 7. 0 hours day off
—————————-
total o/d /t 50 hours
7/8 day rule time 70 hours
time left 20 hours

day 8 monday 10 hours
total on duty in last 8 days 60 hours
total on duty in last 7 days 50 hours.
count 7 days back from day 8. that is 50 hrs.
50 hrs minus 70 hrs = 20 hrs avalible for day 9.

drivers don’t have to take the 34 hour reset rule. if the can’t take the 34 hour reset rule during there hometime. the drivers will simply have to use the 8 day recapp rule. plus the driver won’t be punished by the 168 hour rule for spending time at home before the 7 day 168 hour clock. I started trucking in the old 8/10/15 rule. and it was 70 hours in 8 days. and there was no reset to get back 70 hours. you had a day or 2 of no hours. you sat the 2 days with no hours waiting for the time to naturally come back. so for drivers that have been trucking for 13 plus years like me. it means kind of going back to how the old rules were. with the benifit of being able to use the 34 hour reset the way it was originally set up to be used in 2003. the binifit to the 34 hour reset rule is when you can reset your hours on the days that you have nothing coming out of the recap end of the log book. for the newer drivers that have only been driving for a few years. and have always used the reset rule. now you will have to learn how to do math. and learn how to balance a log book. it’s just like a check book. if you do it right. a driver should only have to have one 34 hour restart period every 3 weeks.

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Doc July 6, 2013 at 7:38 am

Hand…you’re over thinking this. Read Cary’s comment above (about 3-4 comments above). And as I already commented…a driver who drives 5 days is not affected as long as he starts his restart at the same time each week! Those companies out here that are on a 6 out 2 in will never have an issue.

Remember…the HOS is still 60/70 & 7/8…even with the 168 hr rule. And you DO NOT have to take a restart if: 1) you know how to recap 2) on a dedicated lane or local route that allows you to not have to log more than 8.75 hrs per day, or 3) are exempt

The 168 hr rule STARTS AT THE BEGINNING of your 34. Therefore, again, any driver even those on 5 on 2 off or 6 on 2 off, will be fine.

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glenn koehler July 6, 2013 at 11:13 am

you need to realize that what you and everyone else is saying is theory, just that- theory. yes; in a perfect world you can drive this and drive that. but in reality, when all the BS is over, who signs your paycheck? last time i heard, it was your EMPLOYER, so ….. guess who you work for? guess who tells you what to do, not you telling the boss what to do. i have NEVER worked 10hrs everyday for a trucking company- never ever! example, my employer devised a plan to start our work week on a friday, work 13.5 hrs then sat/sun off. then you have 60hrs you can drive mon-thursday (real good for drivers right) mon 14hrs, tue 10hrs, wed 9hrs, thur 14hrs, then friday is a new week (but) you can still log another 13 hrs legally; even though your work week is new, its called screwing the employee. because in reality im working 74hrs a week. friday to friday. we need employer reform ( . )

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James July 5, 2013 at 2:17 pm

I’m constantly amused by the amount of whining I see and hear about the 30 minute break. Don’t any of you eat lunch (dinner/breakfast, whatever) during the day? In 15 years of playing this game with the HOS I can probably count the times I’ve ever rolled 11 hours straight without stopping without needing to deploy my toes. The same goes for driving an entire 11 (or 10 before that) hour day. The only time you can really close the door and drive like that is if you’re going coast to coast, and how many non-O/O solo drivers are getting more than a load or two like that a quarter. Most everything is REGIONAL anymore and 500 miles or less. We have docks to bump every day (usually twice a day), and let’s face it the average most of us can actually get in during a day is about 9.5 hours unless that place you’re stopping to take your 10 hour break is perfectly placed where your 14 hour rule is going to effect you. You oughta be stopping every 2 – 2.5 hours to get out and walk around anyway to keep from developing a clot. One of those stops wander around, call someone and complain about the fact your on a break, take a 30 minute catnap. 30 minutes is over pretty quickly if you don’t sit there watching the minutes click by on the clock.

The break can be taken in the sleeper berth, ya know while you’re stuck in that dock for 2 hours. You don’t have to wait until the 8th hour after coming on duty to take it. The only way it truly comes into play negatively is if you employ it before the 6th hour after coming on duty in which case you might be subject to a 2nd 30 minute break if you actually drove out to the 14th hour.

(EX – On-Duty/Drive 5 hours, take 30 minute break, you would be required to take another 30 minute break at the 13th hour — 14 – 5 = 9 *Another break required at the 8th hour of that 9)

Now I am fortunate that I get 48 hours off from work every week, so the 34 hour re-start provision doesn’t come into play. I get 2 periods of 1a-5a every week regardless. But it has killed any desire I would ever have to come back out OTR.

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Jimmy Backus July 5, 2013 at 3:41 pm

I may be mistaken if you correct about taking a second break. What I read and understand is yo no longer are subject to the five hours of driving then have to take a break. Once you take a break, that’s it.
You are right about one thing though. I have been driving since 1982 and even in my younger days I would have to stop ever so often for one thing or another.
It’s the drivers who DIDN’T STOP often enough to check their load or get out and walk around, these drivers are the ones these rules were made for. Not knowing when to pull over due to fatigue is what caused all this mess in the first place. Anybody who is driving more than 11 hours day in and day out may need to go be tested for speed.
Don’t know about the rest of you. Even though driving is how I make my living, what is more important to me is my family. When I see trucks that are driving on bald tires and trucks being maintained right chaps my ass. If only you knew how many families are killed each year due to rubber on the road ways.
I understand you need to get every last mile out of your equipment, but just like knowing when to pull over, please maintain your equipment. (I pull over when required or when I get tired) no load is worth your life or the life of love ones.
Now I will say this, in 31 years of driving I have had only one speeding ticket by a city cop. One ticket by DOT for crack windshield. So I won’t throw stones, we as drivers caused this mess now we must live with it.

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Correction July 5, 2013 at 6:37 pm

You Stated: The break can be taken in the sleeper berth, ya know while you’re stuck in that dock for 2 hours

Not trying to be a know it all here, but that is factualy incorrect. You CAN NOT take your 30 min break while your at a dock. All time spent waiting at a dock must be recorded as “on duty time” per regulations. If you get DOT’ed they WILL catch that and you could be ticketed and fined for it.

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Mike c July 5, 2013 at 2:19 pm

I’ll second that 1 finger salute. The weekend before the 1st I was at home for 48 hours. Later, I found out I didn’t get a reset because the way the rule fit with previous week. Nobody told me it was retro fit.

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bill norwood July 5, 2013 at 3:37 pm

seems like the rule makers think the less time we spend performing our service the safer everyone is.guess if we all stayed home a few weeks they would feel safer.

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ironage July 5, 2013 at 6:26 pm

Personally….i don’t understand what keeps people in this industry anymore. I did it for a few years….but then i got out of it. Best move i ever made. Life is too damn short.

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Rich Charles July 5, 2013 at 6:41 pm

Its a break,doesn’t say where it has to be taken,just as long as its in first 8 hrs of your driving day. So,if your at a customers dock early in your day,whether you drove 15 minutes or 7 hours,show 30 minutes off duty,or split your 10 hours off duty/sleeper berth with the 30 mins in the 2 hr period.It only says you need to break for 30 minutes,not write it on the log sheet.

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William July 5, 2013 at 7:27 pm

How can the FMCSA expect people who go in the exit and exit the entrance of truck stops. Cannot read signs that say “no parking” or have a total disregard for the rules to began with ? These new rules are so fricking easy, a 3 year old can follow them.

Now, either get with the program or QUIT !!!

Go home !

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Doc July 6, 2013 at 7:44 am

Even though your comment is a little crude and blunt… I do agree with the premise. Too many drivers are over thinking this!! Too many times we do this to ourselves. We freak out and listen to the “wisdom” of some drivers out on the road, and immediately take it as gospel without doing our own homework! Dear Lord…is there any common sense left in this country?!?!

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gary July 21, 2013 at 10:40 am

i drive mixer mixers are on break all the time

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Carl July 5, 2013 at 7:38 pm

Well, when the majority of Americans look to the government for an answer to every problem this is the kind of results one can expect. This industry has looked to the government for protection from competition during the “regulation” era. Once the government was welcomed in to protect companies, this began the path to where we are today. When the Teamsters aligned themselves with organized crime this gave the government further authority to overstep its authority. When the trucking industry failed to police it’s own industry more reason for more government intervention. This is an easy industry to control and when it wasn’t being done internally it was ripe for the government oversight.
We have today what this industry has created on it’s own, seriously is anyone really surprised, we have to be told when to sleep, eat, drive, rest, how fast trucks can run, how much smoke can come out of the stack, etc. etc. Why is it the government can control all this but can’t control how long a sits at a warehouse, jobsite etc . Can’t even provide safe rest areas or good roads.
If the employees of this industry want better pay and perks, we need to push for further government control, government pay scales and benefits and retirement. After 40 years in this industry I’m for total government intervention to the point of being a government employee. Either that, or for them to get the Hell out of the trucking business and deregulate, NOT RE-regulate.
Nap times, snack breaks and piss test can’t fix stupid!!! That’s how I see it!

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