E-logs will equal more parking

I have a clue how to manage my time. I don't let the machine dictate to me. Plain and simple as that.

I can see a driver making only $24 for the day. He starts his clock. And spends most of the day getting unloaded. Then has to DH to reload. And guess what. Your 14 is now expired. Or you're lucky enough to get there. And spend however many hours getting reloaded. And you may or may not have the time to actually get some driving in for the day.

I know in california, A driver can easily burn up his 14. And be stuck there for the night. Or 2 nights if the case may be. Most of the time, it takes me upwards of 16 - 18 hours to unload/reload and drive a total of maybe 100 miles.

 

Safe Haven Rule Explained

Posted July 18, 2014 by Sadie


The FMCSA’s Safe Haven rule is perhaps one of the FMCSA’s most misunderstood and misquoted rules. Drivers often assume the rule applies to safe and available parking, but that’s not always the case.

Safe Haven rules ONLY apply to certain hazmat drivers. There is NO safe haven rule that allows non-hazmat drivers to exceed hours of service. The term, safe haven, applies to parking locations for hazmat drivers.

The Safe Haven rule is FMCSA section 397.5, ‘Attendance and surveillance of motor vehicles.’

What the rule covers (from FMCSA):

Division 1.1, 1.2, or 1.3 (explosive) material must be attended at all times by its driver or a qualified representative of the motor carrier that operates it.
The rule do not apply to a motor vehicle which contains Division 1.1, 1.2, or 1.3 material if all the following conditions exist:

(1) The vehicle is located on the property of a motor carrier, on the property of a shipper or consignee of the explosives, in a safe haven, or, in the case of a vehicle containing 50 pounds or less of a Division 1.1, 1.2, or 1.3 material, on a construction or survey site; and

(2) The lawful bailee of the explosives is aware of the nature of the explosives the vehicle contains and has been instructed in the procedures which must be followed in emergencies; and

(3) The vehicle is within the bailee’s unobstructed field of view or is located in a safe haven.

(c) A motor vehicle which contains hazardous materials other than Division 1.1, 1.2, or 1.3, materials, and which is located on a public street or highway, or the shoulder of a public highway, must be attended by its driver. However, the vehicle need not be attended while its driver is performing duties which are incident and necessary to the driver’s duties as the operator of the vehicle.

(d) For purposes of this section—

(1) A motor vehicle is attended when the person in charge of the vehicle is on the vehicle, awake, and not in a sleeper berth, or is within 100 feet of the vehicle and has it within his/her unobstructed field of view.

(2) A qualified representative of a motor carrier is a person who—

(i) Has been designated by the carrier to attend the vehicle;

(ii) Is aware of the nature of the hazardous materials contained in the vehicle he/she attends

(iii) Has been instructed in the procedures he/she must follow in emergencies; and
(iv) Is authorized to move the vehicle and has the means and ability to do so.
(3) A safe haven is an area specifically approved in writing by local, State, or Federal governmental authorities for the parking of unattended vehicles containing Division 1.1, 1.2, or 1.3 materials.

(e) The rules in this section do not relieve the driver from any obligation imposed by law relating to the placing of warning devices when a motor vehicle is stopped on a public street or highway.

Drivers often confuse the Safe Haven rule with the adverse conditions rule which applies to adverse weather and catastrophic wreck or traffic conditions, when a trip that might have taken you two hours on a regular day, may now take you four, causing you to struggle to find safe parking or reach your destination within your allowable driving hours.

Fortunately, the FMCSA has created an exemption that drivers may use for unforeseen weather delays.

According to FMCSA, “If unexpected adverse driving conditions slow you down, you may drive up to 2 extra hours to complete what could have been driven in normal conditions. This means you could drive for up to 13 hours, which is 2 hours more than allowed under normal conditions. Adverse driving conditions mean things that you did not know about when you started your run, like snow, fog, or a shut-down of traffic due to a crash. Adverse driving conditions do not include situations that you should have known about, such as congested traffic during typical “rush hour” periods.

“Even though you may drive 2 extra hours under this exception, you must not drive after the 14th consecutive hour after coming on duty.”

Adverse Driving Conditions 395.1(b)(1)

In case of any emergency, a driver may complete his/her run without being in violation of the provisions of the regulations in this part, if such run reasonably could have been completed absent the emergency.

If the following conditions apply, then you can drive for up to 2 additional hours ( 13 hours total, as long as you do not exceed your 14-hour rule. All Steps must be met- see step below.

1) You unexpectedly run into snow, sleet, fog or other bad weather or a highway covered with Snow or Ice or usual road or traffic condition

2)The person who dispatched your run was NOT and could not have been aware of those conditions

3) The run is one that you could have normally complete in 11 hours and

4) You are able to complete the (extended) run without exceeding the 14 or 70-hour limits

YOU CAN NOT use the adverse driving conditions exception for delays that YOU should have known about, such as congested traffic during rush hour.

When you use this exception, it’s a good idea to enter a note on your log indicting that you are using the exception (found in 395.1(b)(1) and why.
Follow this link for FMCSA guidance on the Safe Haven rule: http://www.fmcsa.dot.gov/regulations/title49/section/397.5?guidance

 

Safe Haven Rule Explained

Posted July 18, 2014 by Sadie


The FMCSA’s Safe Haven rule is perhaps one of the FMCSA’s most misunderstood and misquoted rules. Drivers often assume the rule applies to safe and available parking, but that’s not always the case.

Safe Haven rules ONLY apply to certain hazmat drivers. There is NO safe haven rule that allows non-hazmat drivers to exceed hours of service. The term, safe haven, applies to parking locations for hazmat drivers.

The Safe Haven rule is FMCSA section 397.5, ‘Attendance and surveillance of motor vehicles.’

What the rule covers (from FMCSA):

Division 1.1, 1.2, or 1.3 (explosive) material must be attended at all times by its driver or a qualified representative of the motor carrier that operates it.
The rule do not apply to a motor vehicle which contains Division 1.1, 1.2, or 1.3 material if all the following conditions exist:

(1) The vehicle is located on the property of a motor carrier, on the property of a shipper or consignee of the explosives, in a safe haven, or, in the case of a vehicle containing 50 pounds or less of a Division 1.1, 1.2, or 1.3 material, on a construction or survey site; and

(2) The lawful bailee of the explosives is aware of the nature of the explosives the vehicle contains and has been instructed in the procedures which must be followed in emergencies; and

(3) The vehicle is within the bailee’s unobstructed field of view or is located in a safe haven.

(c) A motor vehicle which contains hazardous materials other than Division 1.1, 1.2, or 1.3, materials, and which is located on a public street or highway, or the shoulder of a public highway, must be attended by its driver. However, the vehicle need not be attended while its driver is performing duties which are incident and necessary to the driver’s duties as the operator of the vehicle.

(d) For purposes of this section—

(1) A motor vehicle is attended when the person in charge of the vehicle is on the vehicle, awake, and not in a sleeper berth, or is within 100 feet of the vehicle and has it within his/her unobstructed field of view.

(2) A qualified representative of a motor carrier is a person who—

(i) Has been designated by the carrier to attend the vehicle;

(ii) Is aware of the nature of the hazardous materials contained in the vehicle he/she attends

(iii) Has been instructed in the procedures he/she must follow in emergencies; and
(iv) Is authorized to move the vehicle and has the means and ability to do so.
(3) A safe haven is an area specifically approved in writing by local, State, or Federal governmental authorities for the parking of unattended vehicles containing Division 1.1, 1.2, or 1.3 materials.

(e) The rules in this section do not relieve the driver from any obligation imposed by law relating to the placing of warning devices when a motor vehicle is stopped on a public street or highway.

Drivers often confuse the Safe Haven rule with the adverse conditions rule which applies to adverse weather and catastrophic wreck or traffic conditions, when a trip that might have taken you two hours on a regular day, may now take you four, causing you to struggle to find safe parking or reach your destination within your allowable driving hours.

Fortunately, the FMCSA has created an exemption that drivers may use for unforeseen weather delays.

According to FMCSA, “If unexpected adverse driving conditions slow you down, you may drive up to 2 extra hours to complete what could have been driven in normal conditions. This means you could drive for up to 13 hours, which is 2 hours more than allowed under normal conditions. Adverse driving conditions mean things that you did not know about when you started your run, like snow, fog, or a shut-down of traffic due to a crash. Adverse driving conditions do not include situations that you should have known about, such as congested traffic during typical “rush hour” periods.

“Even though you may drive 2 extra hours under this exception, you must not drive after the 14th consecutive hour after coming on duty.”

Adverse Driving Conditions 395.1(b)(1)

In case of any emergency, a driver may complete his/her run without being in violation of the provisions of the regulations in this part, if such run reasonably could have been completed absent the emergency.

If the following conditions apply, then you can drive for up to 2 additional hours ( 13 hours total, as long as you do not exceed your 14-hour rule. All Steps must be met- see step below.

1) You unexpectedly run into snow, sleet, fog or other bad weather or a highway covered with Snow or Ice or usual road or traffic condition

2)The person who dispatched your run was NOT and could not have been aware of those conditions

3) The run is one that you could have normally complete in 11 hours and

4) You are able to complete the (extended) run without exceeding the 14 or 70-hour limits

YOU CAN NOT use the adverse driving conditions exception for delays that YOU should have known about, such as congested traffic during rush hour.

When you use this exception, it’s a good idea to enter a note on your log indicting that you are using the exception (found in 395.1(b)(1) and why.
Follow this link for FMCSA guidance on the Safe Haven rule: http://www.fmcsa.dot.gov/regulations/title49/section/397.5?guidance

 

Part 395
HOURS OF SERVICE OF DRIVERS

§ 395.1: Scope of rules in this part.

(a) General. (1) The rules in this part apply to all motor carriers and drivers, except as provided in paragraphs (b) through (r) of this section.

(2) The exceptions from Federal requirements contained in paragraphs (l) and (m) of this section do not preempt State laws and regulations governing the safe operation of commercial motor vehicles.

(b) Driving conditions—(1) Adverse driving conditions. Except as provided in paragraph (h)(2) of this section, a driver who encounters adverse driving conditions, as defined in §395.2, and cannot, because of those conditions, safely complete the run within the maximum driving time permitted by §§395.3(a) or 395.5(a) may drive and be permitted or required to drive a commercial motor vehicle for not more than 2 additional hours beyond the maximum time allowed under §§395.3(a) or 395.5(a) to complete that run or to reach a place offering safety for the occupants of the commercial motor vehicle and security for the commercial motor vehicle and its cargo.

(2) Emergency conditions. In case of any emergency, a driver may complete his/her run without being in violation of the provisions of the regulations in this part, if such run reasonably could have been completed absent the emergency.

(c) Driver-salesperson. The provisions of §395.3(b) shall not apply to any driver-salesperson whose total driving time does not exceed 40 hours in any period of 7 consecutive days.

(d) Oilfield operations. (1) In the instance of drivers of commercial motor vehicles 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, any period of 8 consecutive days may end with the beginning of any off-duty period of 24 or more successive hours.

(2) In the case of specially trained drivers of commercial motor vehicles that are specially constructed to service oil wells, on-duty time shall not include waiting time at a natural gas or oil well site. Such waiting time shall be recorded as "off duty" for purposes of §§395.8 and 395.15, with remarks or annotations to indicate the specific off-duty periods that are waiting time, or on a separate "waiting time" line on the record of duty status to show that off-duty time is also waiting time. Waiting time shall not be included in calculating the 14-hour period in §395.3(a)(2). Specially trained drivers of such commercial motor vehicles are not eligible to use the provisions of §395.1(e)(1).

(e) Short-haul operations—(1) 100 air-mile radius driver. A driver is exempt from the requirements of §395.8 and §395.11 if:

(i) The driver operates within a 100 air-mile radius of the normal work reporting location;

(ii) The driver, except a driver-salesperson, returns to the work reporting location and is released from work within 12 consecutive hours;

(iii)(A) A property-carrying commercial motor vehicle driver has at least 10 consecutive hours off duty separating each 12 hours on duty;

(B) A passenger-carrying commercial motor vehicle driver has at least 8 consecutive hours off duty separating each 12 hours on duty;

(iv)(A) A property-carrying commercial motor vehicle driver does not exceed the maximum driving time specified in §395.3(a)(3) following 10 consecutive hours off duty; or

(B) A passenger-carrying commercial motor vehicle driver does not exceed 10 hours maximum driving time following 8 consecutive hours off duty; and

(v) The motor carrier that employs the driver maintains and retains for a period of 6 months accurate and true time records showing:

(A) The time the driver reports for duty each day;

(B) The total number of hours the driver is on duty each day;

(C) The time the driver is released from duty each day; and

(D) The total time for the preceding 7 days in accordance with §395.8(j)(2) for drivers used for the first time or intermittently.

(2) Operators of property-carrying commercial motor vehicles not requiring a commercial driver's license. Except as provided in this paragraph, a driver is exempt from the requirements of §§395.3(a)(2), 395.8, and 395.11 and ineligible to use the provisions of §395.1(e)(1), (g), and (o) if:

(i) The driver operates a property-carrying commercial motor vehicle for which a commercial driver's license is not required under part 383 of this subchapter;

(ii) The driver operates within a 150 air-mile radius of the location where the driver reports to and is released from work, i.e., the normal work reporting location;

(iii) The driver returns to the normal work reporting location at the end of each duty tour;

(iv) 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 after coming on duty on 2 days of any period of 7 consecutive days;

(v) The motor carrier that employs the driver maintains and retains for a period of 6 months accurate and true time records showing:

(A) The time the driver reports for duty each day;

(B) The total number of hours the driver is on duty each day;

(C) The time the driver is released from duty each day;

(D) The total time for the preceding 7 days in accordance with §395.8(j)(2) for drivers used for the first time or intermittently.

(f) Retail store deliveries. The provisions of §395.3 (a) and (b) shall not apply with respect to drivers of commercial motor vehicles engaged solely in making local deliveries from retail stores and/or retail catalog businesses to the ultimate consumer, when driving solely within a 100-air mile radius of the driver's work-reporting location, during the period from December 10 to December 25, both inclusive, of each year.

(g) Sleeper berths—(1) Property-carrying commercial motor vehicle—(i) In general. A driver who operates a property-carrying commercial motor vehicle equipped with a sleeper berth, as defined in §§395.2 and 393.76 of this subchapter,

(A) Must, before driving, accumulate

(1) At least 10 consecutive hours off duty;

(2) At least 10 consecutive hours of sleeper-berth time;

(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)(i)(A)(1), (2), or (3) of this section;

(B) May not drive more than the driving limit specified in §395.3(a)(3)(i), or, in the case of drivers in Alaska, the driving limit specified in §395.1(h)(1)(i)-(ii), following one of the 10-hour off-duty periods specified in paragraph (g)(1)(i)(A)(1) through (4) of this section. However, driving is permitted only if 8 hours or fewer have passed since the end of the driver's last off-duty break or sleeper-berth period of at least 30 minutes; and

(C) May not drive for more than the period specified in §395.3(a)(2), or in the case of drivers in Alaska, the period specified in §395.1(h)(1)(ii), after coming on duty following one of the 10-hour off-duty periods specified in paragraph (g)(1)(i)(A)(1)-(4) of this section; and

(D) Must exclude from the calculation of the 14-hour period in §395.3(a)(2) any sleeper-berth period of at least 8 but less than 10 consecutive hours.

(ii) Specific requirements. The following rules apply in determining compliance with paragraph (g)(1)(i) of this section:

(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 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.

(B) Calculation of the 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.

(C) Calculation of the 14-hour period in §395.3(a)(2) includes all time—or, for calculation of the 20-hour period in §395.1(h)(1)(ii) for drivers in Alaska, all on-duty time—except any sleeper-berth period of at least 8 but less than 10 consecutive hours and up to 2 hours riding in the passenger seat of a property-carrying vehicle moving on the highway immediately before or after a period of at least 8 but less than 10 consecutive hours in the sleeper berth; compliance must be recalculated from the end of the first of the two periods used to comply with the requirements of paragraph (g)(1)(ii)(A) of this section.

(2) Specially trained driver of a specially constructed oil well servicing commercial motor vehicle at a natural gas or oil well location. A specially trained driver who operates a commercial motor vehicle specially constructed to service natural gas or oil wells that is equipped with a sleeper berth, as defined in §§395.2 and 393.76 of this subchapter, or who is off duty at a natural gas or oil well location, may accumulate the equivalent of 10 consecutive hours off duty time by taking a combination of at least 10 consecutive hours of off-duty time, sleeper-berth time, or time in other sleeping accommodations at a natural gas or oil well location; or by taking two periods of rest in a sleeper berth, or other sleeping accommodation at a natural gas or oil well location, providing:

(i) Neither rest period is shorter than 2 hours;

(ii) The driving time in the period immediately before and after each rest period, when added together, does not exceed the limit specified in §395.3(a)(3);

(iii) The driver does not drive after the 14th hour after coming on duty following 10 hours off duty, where the 14th hour is calculated:

(A) By excluding any sleeper berth or other sleeping accommodation period of at least 2 hours which, when added to a subsequent sleeper berth or other sleeping accommodation period, totals at least 10 hours, and

(B) By including all on-duty time, all off-duty time not spent in the sleeper berth or other sleeping accommodations, all such periods of less than 2 hours, and any period not described in paragraph (g)(2)(iii)(A) of this section; and

(iv) The driver may not return to driving subject to the normal limits under §395.3 without taking at least 10 consecutive hours off duty, at least 10 consecutive hours in the sleeper berth or other sleeping accommodations, or a combination of at least 10 consecutive hours off duty, sleeper berth time, or time in other sleeping accommodations.

(3) Passenger-carrying commercial motor vehicles. A driver who is driving a passenger-carrying commercial motor vehicle that is equipped with a sleeper berth, as defined in §§395.2 and 393.76 of this subchapter, may accumulate the equivalent of 8 consecutive hours of off-duty time by taking a combination of at least 8 consecutive hours off-duty and sleeper berth time; or by taking two periods of rest in the sleeper berth, providing:

(i) Neither rest period is shorter than two hours;

(ii) The driving time in the period immediately before and after each rest period, when added together, does not exceed 10 hours;

(iii) The on-duty time in the period immediately before and after each rest period, when added together, does not include any driving time after the 15th hour; and

(iv) The driver may not return to driving subject to the normal limits under §395.5 without taking at least 8 consecutive hours off duty, at least 8 consecutive hours in the sleeper berth, or a combination of at least 8 consecutive hours off duty and sleeper berth time.

(h) State of Alaska—(1) Property-carrying commercial motor vehicle. The provisions of §395.3(a) and (b) do not apply to any driver who is driving a commercial motor vehicle in the State of Alaska. A driver who is driving a property-carrying commercial motor vehicle in the State of Alaska must not drive or be required or permitted to drive—

(i) More than 15 hours following 10 consecutive hours off duty; or

(ii) After being on duty for 20 hours or more following 10 consecutive hours off duty.

(iii) After having been on duty for 70 hours in any period of 7 consecutive days, if the motor carrier for which the driver drives does not operate every day in the week; or

(iv) After having been on duty for 80 hours in any period of 8 consecutive days, if the motor carrier for which the driver drives operates every day in the week.

(2) Passenger-carrying commercial motor vehicle. The provisions of §395.5 do not apply to any driver who is driving a passenger-carrying commercial motor vehicle in the State of Alaska. A driver who is driving a passenger-carrying commercial motor vehicle in the State of Alaska must not drive or be required or permitted to drive—

(i) More than 15 hours following 8 consecutive hours off duty;

(ii) After being on duty for 20 hours or more following 8 consecutive hours off duty;

(iii) After having been on duty for 70 hours in any period of 7 consecutive days, if the motor carrier for which the driver drives does not operate every day in the week; or

(iv) After having been on duty for 80 hours in any period of 8 consecutive days, if the motor carrier for which the driver drives operates every day in the week.

(3) A driver who is driving a commercial motor vehicle in the State of Alaska and who encounters adverse driving conditions (as defined in §395.2) may drive and be permitted or required to drive a commercial motor vehicle for the period of time needed to complete the run.

(i) After a property-carrying commercial motor vehicle driver completes the run, that driver must be off duty for at least 10 consecutive hours before he/she drives again; and

(ii) After a passenger-carrying commercial motor vehicle driver completes the run, that driver must be off duty for at least 8 consecutive hours before he/she drives again.

(i) State of Hawaii. The rules in §395.8 do not apply to a driver who drives a commercial motor vehicle in the State of Hawaii, if the motor carrier who employs the driver maintains and retains for a period of 6 months accurate and true records showing—

(1) The total number of hours the driver is on duty each day; and

(2) The time at which the driver reports for, and is released from, duty each day.

(j) Travel time—(1) When a property-carrying commercial motor vehicle driver at the direction of the motor carrier is traveling, but not driving or assuming any other responsibility to the carrier, such time must be counted as on-duty time unless the driver is afforded at least 10 consecutive hours off duty when arriving at destination, in which case he/she must be considered off duty for the entire period.

(2) When a passenger-carrying commercial motor vehicle driver at the direction of the motor carrier is traveling, but not driving or assuming any other responsibility to the carrier, such time must be counted as on-duty time unless the driver is afforded at least 8 consecutive hours off duty when arriving at destination, in which case he/she must be considered off duty for the entire period.

(k) Agricultural operations. The provisions of this part shall not apply during planting and harvesting periods, as determined by each State, to drivers transporting

(1) Agricultural commodities from the source of the agricultural commodities to a location within a 150 air-mile radius from the source;

(2) Farm supplies for agricultural purposes from a wholesale or retail distribution point of the farm supplies to a farm or other location where the farm supplies are intended to be used within a 150 air-mile radius from the distribution point; or

(3) Farm supplies for agricultural purposes from a wholesale distribution point of the farm supplies to a retail distribution point of the farm supplies within a 150 air-mile radius from the wholesale distribution point.

(l) Ground water well drilling operations. In the instance of a driver of a commercial motor vehicle 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.

(m) Construction materials and equipment. In the instance of a driver of a commercial motor vehicle 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.

(n) Utility service vehicles. The provisions of this part shall not apply to a driver of a utility service vehicle as defined in §395.2.

(o) Property-carrying driver. A property-carrying driver is exempt from the requirements of §395.3(a)(2) if:

(1) The driver has returned to the driver's normal work reporting location and the carrier released the driver from duty at that location for the previous five duty tours the driver has worked;

(2) The driver has returned to the normal work reporting location and the carrier releases the 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).

(p) Commercial motor vehicle transportation to or from a motion picture production site. A driver of a commercial motor vehicle providing transportation of property or passengers to or from a theatrical or television motion picture production site is exempt from the requirements of §395.3(a) if the driver operates within a 100 air-mile radius of the location where the driver reports to and is released from work, i.e., the normal work-reporting location. With respect to the maximum daily hours of service, such a driver may not drive—

(1) More than 10 hours following 8 consecutive hours off duty;

(2) For any period after having been on duty 15 hours following 8 consecutive hours off duty.

(3) If a driver of a commercial motor vehicle providing transportation of property or passengers to or from a theatrical or television motion picture production site operates beyond a 100 air-mile radius of the normal work-reporting location, the driver is subject to §395.3(a), and paragraphs (p)(1) and (2) of this section do not apply.

(q) Attendance on commercial motor vehicles containing Division 1.1, 1.2, or 1.3 explosives. Operators who are required by 49 CFR 397.5 to be in attendance on commercial motor vehicles containing Division 1.1, 1.2, or 1.3 explosives are on duty at all times while performing attendance functions or any other work for a motor carrier. Operators of commercial motor vehicles containing Division 1.1, 1.2, or 1.3 explosives subject to the requirements for a 30-minute rest break in §395.3(a)(3)(ii) may use 30 minutes or more of attendance time to meet the requirement for a rest break, providing they perform no other work during the break. Such drivers must record the rest break as on-duty time in their record of duty status with remarks or annotations to indicate the specific on-duty periods that are used to meet the requirement for break.

(r) Railroad signal employees. The provisions of this part shall not apply to a signal employee, as defined in §395.2, who operates a commercial motor vehicle, is engaged in installing, repairing, or maintaining signal systems, is employed by a railroad carrier or a contractor or subcontractor to a railroad carrier, while regulated by the Federal Railroad Administration.

(s) Covered farm vehicles. The rules in this part do not apply to drivers of "covered farm vehicles," as defined in 49 CFR 390.5.

Disclaimer:
Although we make every effort to assure that the information we provide is complete and accurate, it is not intended to take the place of published agency regulations. Regulations issued by the U.S. Department of Transportation and its Operating Administrations are published in the Federal Register and compiled in the U.S. Code of Federal Regulations (CFR). Copies of appropriate volumes of the CFR in book format may be purchased from the Superintendent of Documents, U.S. Government Printing Office, or examined at many libraries.

The CFR may also be viewed online at http://ECFR.gpoaccess.gov.

 

Flexible Sleeper Berth Pilot Program
Goal

To conduct a pilot study to demonstrate how split-sleep in conjunction with the North American Fatigue Management Program could be used to improve driver rest and alertness.

Background
Scientific literature suggests that statutory or regulatory limitations on work hours may not be sufficient to prevent worker fatigue. FMCSA conducted an in-residence laboratory study from January 2010 to May 2011 where three sleep conditions were examined. Results indicate that daytime consolidated sleep leads to less total sleep time, increased driver sleepiness, and increased blood glucose and testosterone levels by work week’s end. Results for split-sleep conditions indicate that when consolidated nighttime sleep is not possible, split-sleep is preferable to consolidated daytime sleep. Additionally, during listening sessions for the hours-of-service (HOS) rulemaking, many drivers indicated that they would like some regulatory flexibility to be able to sleep when they become tired or when traffic is congested (i.e., exemption from the requirement for consolidated sleeper berth time). This combination of research and industry feedback informs the current sleeper berth and split-sleep pilot study.

Summary
The Flexible Sleeper Berth Pilot Program is a field operational test allowing regulatory flexibility in the HOS provisions. Carriers that would like flexibility with the sleeper berth provision will be identified. There will be constraints on the use of split-sleep for team driving. Driver alertness and changes in health metrics will be measured. The sample size goal is 200 drivers—stratified by size of carrier—to include drivers from large, medium, and small carriers who regularly use their sleeper berth and have completed the North American Fatigue Management Program. The proposed research design is an “in-subject and between-subject design,” where alertness both within subjects and across subjects will be compared for drivers who operate under different alternatives within the HOS provisions. Drivers will be remunerated for the time spent performing tasks required for the study. The study team will collect data on a minimum of 50 drivers per 90-day participation cycle. To achieve the goal of 200 participants, the study team will collect data on five 90-day cycles. An extra cycle may be needed for driver attrition. Data collection can come from a multitude of sources, including analysis of variance-based strategies that are applied to analyze mixed effects within and between subjects.

Outcomes
Addressing carriers who have expressed a desire for flexibility in sleeper berth provisions; field data on the efficacy of allowing split-sleep in conjunction with a fatigue management program; and measures of driver alertness, sleep quantity, and changes in health metrics.

Milestones
November 2015: Kick-off

December 2015: Finalize project work plan

March 2016: Develop OMB ICR

June 2016: Literature review

September 2016: Develop pilot program Web site and study protocol instructional materials

Funding
$2,500,000

Status
Project is on schedule.

Contractors/Partners
Washington State University and the Virginia Tech Transportation Institute

Updated: Friday, January 8, 2016
- See more at: https://www.fmcsa.dot.gov/research-and-analysis/research/flexible-sleeper-berth-pilot-program#sthash.KYLTEPu2.dpuf

 

You say you know how to manage your time, yet you say you would start the clock to get unloaded? I wouldn't start the clock until UNLOADED and then getting ready to DH to next load. And even if I had to drive some distance to go get unloaded (thereby starting the clock), I am going off duty or sleeper after I bump the dock. I have nothing to do with the load at that point and I am on my time. If it takes all day, that is an 8 hr sleeper berth time and 14 is unaffected. And if it takes me more than 2 hrs at either unload or load, then $38-$50 an hour kicks in for detention, even if I am off duty or sleeper. I made $1500 in November alone just from 3 situations (2 from Kellogg's and 1 from Conagra). All those situations, I also logged a full 10 hr break so had a fresh 11 to run when empty. You need to come up with a better gig and also learn how to manage your time better, at least based on what you say in that post.

 

You need to learn the rules. What your doing is against the HOS.

You can't start your clock after you've unloaded when you have to flag unload. You also can't claim sleeper or off duty. Might want to read that green book. You also can't delay the clock when you've already had to drive.

FMCSA wants us to use all our time on duty or driving when it involves ANYTHING to do with ANY commercial property. That regulation was posted quite a few times on this forum last year.

The difference between you and me, though. Is i'm not pulling a van where i'm sitting at docks all day. BIG difference in flexibility between flatbed/tanks and vans.

Very seldom do i hang out at unloads/reloads. Wether it be actual unload/reloading or spending the night waiting for business hours.

 

Aaah, against the rules. I am so worried. You would like to flaunt the rules with paper then? I am not flaunting anything. When I get to the dock, and I no longer have any part of the loading or unloading, it is LEGAL for me to go to off duty or sleeper. Likewise, If I get there the night before and start a break, I do not have to start the clock till they are done and hand me paperwork. Everything totally on the up and up. I am not required by FMCSA or anyone else to log all time at a shipper/receiver as On Duty. The tractor is not moving, I am not participating in the unloading or loading, I am either sleeping, getting a bite to eat, watching a movie, doing something on my laptop, whatever... all which falls well within the FMCSA scope of qualifying for off duty or sleeper. I have been at this game since 1982, I think I have a good handle on it. Especially since I have been audited dozens of times and never had a violation. I like getting into customers the night before, pull off a full break, and not start the clock till things are done. Let's see, they have a name for it. Oh Yeah! Time management.

I realize you might be doing other than van, but also realize that you made the choice to do what you do, just like I and anyone else did. You make general comments like everyone is fitting into your mold. This is one of the reasons I don't do flats, tanks, reefers, etc. I hate wasting time. I have done all of those things many times, I make as much or more pulling vans and I don't have to put nearly as much into it. You know.... work smarter not harder! And the customers I service, they pay for my time if I am delayed. I don't care if they tie me up for days on end. At $38-$50 an hour, depending on account, I can sit there as long as they want.

 

Funny thing. On elog, it never takes me more than 30 minutes to secure and tarp my load. Same as when i was on paper. And sometimes i get a two hour break in the sleeper while waiting on them to load the wagon. Guess I'm just fast at tarping...or something.

 

I don't have the links but I did readthat trucking stakeholders are pushing some legislation through to limit truck drivers' pay strictly to mileage. This is based on the deal truckers are considered 'unskilled' and therefore would not be eligible for detention pay, hazmat pay, bonuses or any other sort of pay out there. Trust me they are pushing hard for this ahead of the ELD mandate because they know they will be losing butt loads of money when drivers are forced to run 100% legal so the stakeholders will be looking for ways to save as much as possible.