Thursday, December 23, 2010

Understanding the DOT's New Hours of Service Rule

The Federal Motor Carrier Safety Administration released a preview of their Notice of Proposed Rulemaking (NPRM)this morning. The actual NPRM will be posted to the Federal Register on December 29. This will start the formal 60 day comment period. The rule may change again from the publication of the NPRM to the actual publication of the new regulation. Your participation as a fleet is very important in this process.

We will carefully assess the actual NPRM when it comes out on December 29 - this preview that has been released raises several unanswered questions. Once we have reviewed the NPRM, we will update LoadTrek.net clients.

When the new rule is published, we will implement the new rules - allowing LoadTrek.net clients to take full advantage of the new rules with minimal driver interaction and training. There are several important provisions that will minimize the negative impact on most of our clients' operations when these provisions are properly applied.

Highlights of changes for our clients are:
1. Drivers are allowed to take two 16 hour exceptions to the normal 14 hour day, no more than twice every week.
2. Drivers may not drive more than 7 hours without taking a minimum 30 minute break.
3. Drivers may work 13 hours within a 14 hour on-duty window. This 1-hour break in the workday may be taken all at once or in several blocks - but note the condition in the preceding point.
4. Drive time is not yet answered, DOT indicates it is considering both a 10 hour and 11 hour limit on drive time.
5. The 34 hour restart can only be used once per week. In addition, it must include 2 periods of time from 00:01 to 06:00.
6. The definition of On Duty has changed. It now allows for rest in a parked truck - does not have to be in the sleeper berth. And, drivers may rest up to 2 hours in the passenger seat immediately before or after an 8 hour sleeper berth period and count it as off duty.
7. Oilfield Exemption; drivers' logs must now carry an annotation when the "waiting time" provision at a well site is used.

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