JJ's Place

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
49 CFR Parts 385, 386, 390, and 395
[Docket No. FMCSA-2004-19608]
RIN 2126-AB26
Hours of Service of Drivers
AGENCY[FONT=Times New Roman,Times New Roman][FONT=Times New Roman,Times New Roman]: Federal Motor Carrier Safety Administration (FMCSA), DOT. [/FONT]
[/FONT]ACTION[FONT=Times New Roman,Times New Roman][FONT=Times New Roman,Times New Roman]: Notice of Proposed Rulemaking. [/FONT]
[/FONT]SUMMARY[FONT=Times New Roman,Times New Roman][FONT=Times New Roman,Times New Roman]: [/FONT][/FONT]
[FONT=Times New Roman,Times New Roman][FONT=Times New Roman,Times New Roman]To promote safety and to protect driver health, FMCSA proposes to amend the regulations for hours of service for drivers of property-carrying commercial motor vehicles (CMVs). To achieve these goals, the proposed rule would provide flexibility for drivers to take breaks when needed and would reduce safety and health risks associated with long hours[/FONT][/FONT]
[FONT=Times New Roman,Times New Roman][FONT=Times New Roman,Times New Roman].[/FONT][/FONT]
[FONT=Times New Roman,Times New Roman][FONT=Times New Roman,Times New Roman] The proposed rule would make seven changes from current requirements. First, the proposed rule would limit drivers to either 10 or 11 hours of driving time following a period of at least 10 consecutive hours off duty; on the basis of all relevant considerations, FMCSA currently favors a 10-hour limit, but its ultimate decision will include a careful consideration of comments and any additional data received. Second, it would limit the standard "driving window" to 14 hours, while allowing that number to be extended to 16 hours twice a week. [/FONT][/FONT]

[FONT=Times New Roman,Times New Roman][FONT=Times New Roman,Times New Roman]Third, actual duty time within the driving window would be limited to 13 hours. Fourth, drivers would be permitted to drive only if 7 hours or less have passed since their last off-duty or sleeper-berth period of at least 30 minutes. Fifth, the 34-hour restart would be retained, subject to certain limits: the restart would have to include two periods between midnight and 6 a.m.[/FONT][/FONT]
[FONT=Times New Roman,Times New Roman][FONT=Times New Roman,Times New Roman] [/FONT][/FONT]

[FONT=Times New Roman,Times New Roman][FONT=Times New Roman,Times New Roman]Ok guys here's the first part![/FONT]
[/FONT]

 

and could be started no sooner than 168 hours (7 days) after the beginning of the previously designated restart. Sixth, the definition of "on duty" would be revised to allow some time spent in or on the CMV to be logged as off duty.

Seventh, the oilfield operations exception would be revised to clarify the language on waiting time and to state that waiting time would not be included in the calculation of the driving window.
DATES: You may submit comments by [INSERT DATE 60 DAYS FROM THE DATE OF PUBLICATION IN THE FEDERAL REGISTER].

ADDRESSES: You may submit comments, identified by docket number FMCSA-2004-19608 or RIN 2126-AB26, by any of the following methods
[FONT=Times New Roman,Times New Roman][FONT=Times New Roman,Times New Roman]Federal eRulemaking Portal[/FONT][/FONT]: www.regulations.gov.

[FONT=Times New Roman,Times New Roman][FONT=Times New Roman,Times New Roman]Fax: [/FONT][/FONT]202-493-2251.
[FONT=Times New Roman,Times New Roman][FONT=Times New Roman,Times New Roman]Mail: [/FONT][/FONT]Docket Management Facility (M-30), U.S. Department of Transportation, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE, Washington, DC 20590-0001.
[FONT=Times New Roman,Times New Roman][FONT=Times New Roman,Times New Roman]Hand delivery: [/FONT][/FONT]Same as mail address above, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The telephone number is 202-366-9329.

To avoid duplication, please use only one of these four methods. See the "Public Participation and Request for Comments" portion of the SUPPLEMENTARY INFORMATION section below for instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: Mr. Thomas Yager, Chief, Driver and Carrier Operations Division, Federal Motor Carrier Safety Administration, U.S. Department of Transportation, 1200 New Jersey Avenue, SE, Washington, DC 20590, (202) 366-4325.