UPDATE/FMCSA issues interim rule on truck driver hours of service

Discussion in 'Truckers News' started by Cybergal, Jan 14, 2008.

  1. Cybergal

    Cybergal Road Train Member

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    FMCSA issues interim rule on truck driver hours of service
    1/14/08
    CCH
    Truck drivers will continue to be limited to driving only 11 hours within a 14-hour duty period, after which they must go off duty for at least 10 hours under an Interim Final Rule (IFR) made public on December 11 by the Federal Motor Carrier Safety Administration (FMCSA). The IFR was developed after new data showed that safety levels have been maintained since the 11-hour driving limit was first implemented in 2003.
    The agency also is working to finalize a proposed rule that would require drivers and trucking companies with serious or repeat hours-of-service violations to track their hours of service using electronic on-board recorders.
    More Information coming soon
    http://hr.cch.com/news/payroll/011408a.asp
     
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  3. prisonerofthehwy

    prisonerofthehwy <strong>Ball and Chains</strong>

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    I'd really dread the on-board electronic recorders. :biggrin_25524: What about the times, you have no choice but to move a couple miles up the road in the middle of your break?
     
  4. Clipboard

    Clipboard Light Load Member

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    They need to enforce the current laws by making the trucking companies pay dearly for repeat offenders. Throw them in jail
     
  5. gearjammer-2000

    gearjammer-2000 <strong>Clutch User</strong>

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    actually there is a rule that in certain situations you can use IF your carrier allows it is called personal conveyance. its one of them rules that is about as clear as mud but it is there
     
  6. Clipboard

    Clipboard Light Load Member

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    Rules are written buy lawyers and personal conveyance has to do with common sense which is why they are clear as mud.
     
  7. Cybergal

    Cybergal Road Train Member

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    ATA: Interim Final Rule 'fully consistent' with court orders
    1/16/08


    In response to a petition filed by Public Citizen and others Dec. 19, 2007, which asked the court to vacate the Interim Final Rule (IFR) published by the Federal Motor Carrier Safety Administration earlier that month,. the American Trucking Associations has filed a petition in support of the Interim Final Rule.

    ATA's Jan. 7 response argues that, "FMCSA's issuance of an IFR that temporarily imposes an 11-hour daily driving limit and 34-hour restart pending the completion of a new permanent final rule is fully consistent with this court's orders, and petitioners' argument that there was not good cause for the issuance of the IFR without advance notice and comment should be rejected."

    The response is to the motion filed by Public Citizen, Citizens for Reliable and Safe Highways, Parents Against Tired Truckers, Advocates for Highway and Auto Safety, and International Brotherhood of Teamsters. Those petitioners asked the court to uphold its September 28, 2007, order for a 90-day stay of the 11-hour daily driving limit and the 34-hour restart provisions of the FMCSA 2005 HOS regulations.

    Jointly filing with ATA on Jan. 7 was: NASSTRAC Inc.; Health and Personal Care Logistics Conference Inc.; United Parcel Service Inc.; and the National Industrial Transportation League.

    FMCSA has promised to issue a new rule sometime this year.

    The court may rule on the most recent filings at any time.
    http://www.thetrucker.com/News/Stor...mFinalRulefullyconsistentwithcourtorders.aspx
     
  8. myminpins

    myminpins Road Train Member

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    I wish they'd at least change it to be the same as Canada. If you drive COMPLETELY legally, you aren't tired. Making it only 11 hours just cuts into the income of good workers.
     
  9. Markk9

    Markk9 "On your mark"

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    You can not use it to just move the truck because you are out of hours. By the rules if you run out of hours at a shipper or receiver and need to leave their property you will need to either get a driver with fresh hour to drive or have the truck towed.

    The rules are very cut and dry. We as drivers try stretch and poke holes in them.

    Question 26: If a driver is permitted to use a CMV for personal reasons, how must the driving time be recorded?

    Guidance: When a driver is relieved from work and all responsibility for performing work, time spent traveling from a driver's home to his/her terminal (normal work reporting location), or from a driver's terminal to his/her home, may be considered off-duty time. Similarly, time spent traveling short distances from a driver's en route lodgings (such as en route terminals or motels) to restaurants in the vicinity of such lodgings may be considered off-duty time. The type of conveyance used from the terminal to the driver's home, from the driver's home to the terminal, or to restaurants in the vicinity of en route lodgings would not alter the situation unless the vehicle is laden. A driver may not operate a laden CMV as a personal conveyance. The driver who uses a motor carrier's CMV for transportation home, and is subsequently called by the employing carrier and is then dispatched from home, would be on-duty from the time the driver leaves home.


    A driver placed out of service for exceeding the requirements of the hours of service regulations may not drive a CMV to any location to obtain rest.

    Mark
     
  10. curtislyn

    curtislyn Light Load Member

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    They have to catch me first :biggrin_25522:
     
  11. RollingThunder

    RollingThunder Bobtail Member

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    I drive from my home with a trailer, some times it is laden some times it's not, Would I be able to use personal Conveyance rule for an empty trailer to get to my stop, where I drop the first trailer (empty or not) and pick up the trailer that I will deliver on that day?

    Thanks for any replies,

    RollingThunder
     
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