New Hours of Service Rules
Effective September 29, 2020
Which regulations are changing?
What existing regulations limit using the changes?
What to be aware of to avoid a problem at roadside
Applying the split sleeper berth rule properly
When can you begin using the changes
Purpose & Impact
These rule changes can be used to extend drivers’ workdays and increase productivity
• Allows drivers to extend the workday and ease break requirements without penalty
• May result in changes to the number of hours driven, or hours worked during a given work shift
• None of the provisions in this final rule will increase the maximum allowable driving time
DOT has added flexibility to hours-of-service rules
Provisions 1. 100 air-mile exception (395.1(e)(1))
2. Adverse Conditions (395.1(b)(1))
3. 30-minute breaks (395.3(a)(3))
4. Split-sleeper provision (395.1(g)(1))
*Drivers must be done working within 14 consecutive hours *Drivers must remain within 150 mile air radius
*Drivers must be done working within 12 consecutive hours *Drivers must remain within 100 air-mile radius
100 air-mile exception (395.1(e)(1))
• Air mile exception is in review for use at Buchanan • Only certain local fleets may see change implemented • Drivers will have a personal invite into the new ruling
• Enforcement officers may spend more time scrutinizing drivers who use this exception, since these drivers are not required to carry any HOS records- carriers must decide if they want to give up the benefits of using ELDs
*Drivers may extend both their driving and on-duty limits by 2 hours
*Drivers may extend their driving limit, but not their on-duty limit, by 2 hours
Adverse Conditions (395.1(b)(1))
• Adverse Conditions
NEW RULING EFF. 9/29/2020
May extend the driving limit, but not the on-duty limit, by 2 hours
May extend both the driving and on-duty limits by 2 hours
Truck drivers: 13 hours driving in 14-hour period
13 hours driving in 16-hour period
• Drivers and carriers must be sure to UNDERSTAND allowable uses and restrictions- Drivers will be questioned by Law Enforcement
• With the expanded hours, more drivers will be eligible to use the exception to “wait out” unexpected weather and unexpected conditions
Adverse Condition Definition
Question: Are there allowances made in the Federal Motor Carrier Safety Regulations (FMCSRs) for delays caused by loading and unloading? • Guidance: No. Although the regulations do make some allowances for unforeseen contingencies such as in §395.1(b), adverse driving conditions, and §395.1(b)(2), emergency conditions, loading and unloading delays are not covered by these sections.
Adverse Condition Definition Cont.
Question: How may a driver utilize the adverse driving conditions exception, or the emergency conditions exception as found in § 395.1(b), to prevent an hours of service violation?
• 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.
Adverse Condition Definition Cont. (395.2)
Question: Does the exception cover known road construction? • Guidance: No. The exception does not cover things such as road construction or detours except when they could not reasonably be known before the driver started driving, such as accidents that significantly interferewith traffic movement. Nor does it cover detention time, breakdowns, or enforcement inspections that could be anticipated in the industry. Question: Does a driver need to annotate their log when declaring an adverse driving exception? • Guidance: YES. This could potentially be an audit point for a motor carrier involved in an accident and/or roadside inspection.
*A break from driving is required after accumulating 8 hours of driving time *Driver may remain on duty (not driving) for their breaks
*A rest break is required when the driver accumulates 8 consecutive hours on the clock *Drivers must be off duty for their breaks
30-minute breaks (395.3(a)(3))
• 30 MINUTE BREAK = INTERRUPTION OF DRIVING TIME
• Regulations updated to change the wording above
• Truck drivers will no longer need to stop all work activities for 30 minutes every 8 hours
• This interruption of driving time may be satisfied by any non-driving period of 30 minutes, i.e., on-duty, off-duty, or sleeper berth time (including any combination)
30-minute Interruption of Driving Time Cont.
• Driver could load/unload, fuel, do paperwork, vehicle inspections, or engage in other work activity while getting their mandatory “interruption” (break) from driving
• Violations should greatly decrease as this change goes into effect
• Some drivers may not need the 30-minute break at all- or will only need it later in the day if they have already driven 8 hours in the day or wish to continue to drive after 8 hours
*Drivers must spend at least 7 hours in a sleeper berth, plus another break to reach 10 hours total *Neither rest period counts against the 14- hour limit
*Drivers must spend at least 8 hours in a sleeper berth, plus another break to reach 10 hours total *The shorter break counts against the 14- hour limit
Split-sleeper provision (395.1(g)(1))
• Split Sleeper Berth- IF USED CORRECTLY
• Drivers will have more productivity since neither qualifying rest break counts against the 14-hour limit. • The 11-hour limit remains intact!
• Drivers need to be fully aware how to use the sleeper berth options properly AS WELL AS LOGGING PROPERLY. If you don’t know…don’t use it.
• May be the most significant of the HOS changes, but also be the most complicated
• When properly paired, neither period counts against the maximum 14-hour driving window
• Additional training on logging SPECIFICS will be available in a future session.
KEEP IN MIND
Prevention of fatigued driving is still a critical concern
Adverse driving cannot be used to make up for poor planning or detention issues
Drivers who have more time on the road under the new rules may become more fatigued putting them at a higher risk of a crash
Drivers will need to annotate their logs when declaring adverse driving exception
KEEP IN MIND While the 30-minute interruption of driving can be taken in any combination of non-driving duty statuses, the entire 30 minutes must be taken at one time
NONE of the revisions relieve motor carriers and drivers of the explicit prohibitions against: (1) operating a commercial motor vehicle while ill of fatigues, or (2) coercing drivers to violate federal safety rules
Motor carriers may decline to allow drivers to use the adverse driving condition exception as a matter of company policy
Drivers: Listen to your internal clock!
• Will apply HOS changes only after 12:01 AM ET on 9/29/2020 • That is 09:01 PM PT and 11:01 PM CT on 9/28/2020 • Based on driver’s location, not home terminal time zone • Enforcement will use eRODS to determine driver compliance • Know how to access the ELD Driver Manual • Have the eRODS Transfer Instruction cab cards • Have 8 days of blanks logs available • Any or all of these can be electronic in naturePage 1 Page 2 Page 3 Page 4 Page 5 Page 6 Page 7 Page 8 Page 9 Page 10 Page 11 Page 12 Page 13 Page 14 Page 15 Page 16
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