US DOT Hours of Service Changes

DOT Hours of Service Changes

The FMCSA introduced the new Hour of Service regulations for property-carrying interstate carriers.  While this rule is not what the industry wanted, the overwhelming volume of comments did help - the 11 hour driving limit is retained. It could have been worse.  

Changes from the current rule are:

• “On-Duty” definition excludes any time resting in a parked commercial motor vehicle.  This change permits a day-cab driver to take a break in the cab without having to log the time as “on-duty”.  Drivers may be off duty in a moving CMV’s passenger seat, provided it’s immediately before or after a sleeper berth for up to 2 hours.  When a driver is off duty, the driver must be able to pursue any activity of his/her choosing.  Therefore it is important to plan a driver’s day - including break beginning and ending times.

• Required break after 8 hours on-duty.  A driver must take a break of at least 30 minutes any time before reaching 8 consecutive hours on-duty.  The 14 hour day is in reality a 13.5 hour day once this break is included.  

• 34 Hour restart is kept, but in a different form and with limitations.  A 34 hour restart may be taken once every 7 days.  The 34 hours off must include 2 periods between 0100 and 0500.  
• Oilfield drivers must show “waiting time” in the remarks section of the log, or on a separate grid line.  Oilfield “waiting time”, specifically at a well site while servicing the well, is off duty and pauses the 14 hour on duty clock.  

• Serious violations are now defined.  Driving 3 or more hours beyond the limits is an egregious violation, punishable by the maximum civil penalties.  

The revised penalty schedule and the oilfield rules must be complied with by February 27, 2012,  The remainder of the rules are to be complied with July 1, 2013. 

 

We expect this rule to be challenged in court, as 93% of all public comments in the Federal Register opposed this new rule.  This may delay the implementation of this rule.  

 

Watch our blog for the latest news; http://transportfacts.blogspot.com/.  Breaking news is on our Twitter feed, #LoadTrekTech. You can find a copy of the new rule at http://www.fmcsa.dot.gov/rules-regulations/topics/hos-final/hos-final-rule.aspx.