Revised Hours-of-Service Regulations

	Changes to Hours-of-Service regulations aim to increase driver alertness.

Hours-of-service regulations were first prescribed for truck drivers in 1939. Over the years there have been many changes in regards to road construction, truck design, and mobility aspects. Many of these factors, in conjunction with an increase of commercial motor vehicle crashes, have led to a revision of the old Hours-of-Service (HOS) regulations.

In response to a Congressional directive in 1995, the Federal Motor Carrier Safety Administration (FMCSA) began rulemaking to increase driver alertness and reduce fatigue-related incidents. The intent was to establish new regulations that provide commercial truck drivers a work and rest schedule that is more in line with a person's circadian rhythm, thus reducing driver fatigue. For example, under the new rules, long haul drivers are allowed to drive 11 hours after 10 consecutive hours off duty.

In April 2003, the FMCSA posted the new HOS revisions with a compliance date of Jan. 4, 2004. However, the new regulations only apply to property carriers and drivers. Passenger carriers and drivers will continue to operate under the existing rules while fatigue issues specific to the passenger carrier industry are assessed.

The new HOS rules for property-carrying CMV drivers simply states:

• Drivers may drive up to 11 hours instead of 10 hours, but are limited to 14 hours in a duty period.

• The 14-hour duty period may not be extended to off-duty time for meal and fuel stops, etc. Only the use of a sleeper berth can extend the 14-hour on-duty period.

• Each duty period must begin with at least 10 hours off-duty, rather than eight.

• The 60 hours on-duty in seven consecutive days, or 70 hours on-duty in eight consecutive days, remains the same, but drivers can “restart” the seven- or eight-day period by taking at least 34 consecutive hours off-duty.

Exemptions
There is a 16-hour exception provided for property-carrying drivers. Drivers may extend the 14-hour on-duty period by two additional hours IF THEY:

• Are released from duty at the normal work reporting location for the previous five duty tours, AND

• Return to the normal work reporting location and are released from duty within 16 hours, AND

• Have not used this exception in the previous 6 days, except following a 34-hour restart of a seven- or eight-day period.

The FMCSA also provides Sleeper Berth, Industry and Agricultural exemptions. For an outline of these exemptions, FMCSA has developed an HOS fact sheet at http://www.fmcsa.dot.gov/Home_Files/hos/faxsheet.pdf.

Adverse Weather Exemption
The new HOS rule continues to permit a driver to exceed the 10 or 11-hour driving limit by no more than two hours under adverse weather conditions; however, this adverse weather exception does not permit a driver to exceed the 14- or 15-hour limit or the 60/70 hour limit. An absolute pre-requisite for any use of the adverse weather exception must be that the trip involved is one that 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 regulatory guidance Part 395.1(b), adverse driving conditions. Also, 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.

Penalties
Drivers or carriers who violate the new HOS rules face serious penalties. The following is a list of possible penalties; however, FMCSA will only take enforcement measures for egregious violations during the first 60 days the rule is in effect. Compliance with the new rules was required starting Jan. 4, 2004!

• Drivers may be placed out-of-service (shut down) at roadside until the driver has accumulated enough off-duty time to get back in compliance;

• State and local enforcement officials may assess fines;

• FMCSA may levy civil penalties on driver or carrier, ranging from $550 to $11,000 per violation, depending on severity;

• The carrier's safety rating can be downgraded for a pattern of violations; and

• Federal criminal penalties can be brought against carriers who knowingly and willfully allow or require HOS violations.

Additional issues, such as electronic on-board recorders, waiting-time, 24- and 34-hour restarts, 100 air mile exemption, sleeper berth, oil field operations and more, are addressed in a Frequently Asked Questions document prepared by FMCSA available at: http://www.fmcsa.dot.gov/Home_Files/hos/hos_faqs.pdf.

For more info on: USDOT and Status of DOT Numbers, Operating Authority Info, Safety Ratings, Insurance Filing Info, etc., call the FMCSA Information Line at 1-800-832-5660. The Hours-of-Service Help Line is
1-800-598-5664.