HOS Rules Since 2004

The 8/14 berth split?

 

Oh, I thought you were asking how you long from one night until the next day. Sorry. Well, there is that 30 minute break BS where you have to take a mandatory 30 within an 8 hour period after you start your clock.

 

Apparently they have instituted raises and people seem to actually be making money there now....
Oh and don't pick your nose or drive naked in front of the driver facing camera...

 

The biggest changes to the hours of service for those of us that had been driving prior to 2004 are:

14 hour window to get your driving done, off-duty no longer pauses the clock like it did with the 15/8 rule
11 hours drive time instead of 10
10 consecutive hours off duty to reset the 14 hour window instead of 8 hours cumulative in 24
30 minute break off-duty before being able to drive after 8 hours on duty
Split sleeper berth is screwed up, you can't split 5/5 anymore, now it is 8/2 with a really complicated process to determine where you are on your 14 hour clock, personally I don't recommend splitting sleeper to anyone as it really doesn't help much
34 consecutive hours off duty will reset your weekly 60/70 hour clock, so most of us don't run recap hours anymore, we just reset each week and start with a fresh 60/70 hours
If you run local only, meaning leave from and return to the same point for the last 5 duty tours, you are allowed to extend your 14 hour window to 16 once per week, but everything else stays the same (twice a week if you are in a non-cdl truck)

I think I covered everything that has changed since 2004, there have been other changes but they have been removed, this is a fair summary of the current hours of service. If I missed anything I am sure someone will point it out. Good luck on your return to trucking.

 

Theres a guy up there around you DoubleO7 that lives off of 50 that pulls flatbed for Swift. Seen his truck parked there multiple times.

 

Don't forget the lesser used Adverse Driving Conditions extension that can be used. It extends your 11 hour drive time up to 13 hours but does not extend the 14 hour workday.

 

The adverse driving condition exception has been around since before 2004, the OP only asked about what has changed since 2004. BUT, it is almost impossible to lawfully use the adverse driving condition rule in today's world, since a big part of claiming it was the condition was unknown at the time of dispatch. We have very accurate weather forecasts and up to date traffic/construction notices, so it is hard to claim you were unable to know about the problem before encountering it. Further, the adverse driving condition exception is legally used so little it is almost not worth talking about since when you do it usually ends up with drivers trying to use it to justify going over hours while trying to find parking or trying to justify/prove the existence of a "safe haven" rule (which does not exist, but some companies will allow you to request safe haven and violate hos rules). Lastly, the adverse driving conditions exception does extend BOTH the 11 hour driving limit and 14 hour duty period by up to 2 hours, not just the 11 driving period because it exempts you from the limits found in Part 395.3(a) which includes both the 11 and 14 hour limits. Below is the guidance from the FMCSA site regarding adverse driving conditions:

As defined in Part 395.2 Adverse driving conditions means snow, sleet, fog, other adverse weather conditions, a highway covered with snow or ice, or unusual road and traffic conditions, none of which were apparent on the basis of information known to the person dispatching the run at the time it was begun.

Question 5: How may a driver utilize the adverse driving conditions exception or the emergency conditions exception as found in §395.1(b), to preclude an hours of service violation?
Guidance: An absolute prerequisite for any such claim must be that the trip involved is one which could normally and reasonably have been completed without a violation and that the unforeseen event occurred after the driver began the trip.

Drivers who are dispatched after the motor carrier has been notified or should have known of adverse driving conditions are not eligible for the two hours additional driving time provided for under §395.1(b), adverse driving conditions. The term “in any emergency” shall not be construed as encompassing such situations as a driver’s desire to get home, shippers’ demands, market declines, shortage of drivers, or mechanical failures.

Question 28: Does the emergency conditions exception in 49 CFR 395.1(b)(2) apply to a driver who planned on arriving at a specific rest area to complete his 10 hours driving and found the rest area full, forcing the driver to continue past the ten hours driving looking for another safe parking area?

Guidance: No. The emergency conditions exception does not apply to the driver. It is general knowledge that rest areas have become increasingly crowded for commercial motor vehicle parking, thus, it is incumbent on drivers to look for a parking spot before the last few minutes of a 10 hour driving period. The driver should provide the reason for exceeding the 10 hours driving in the Remarks section of the record of duty status.

§ 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.