Hours Of Service:
Are you prepared ?
Hours of Service– FMCSR Applicability:
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49 CMR Part 395 – Hours of Service of Drivers
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Hours of Service Compliance specifically address the
requirements within the Federal Motor Carrier Safety
Regulations (FMCSRs) intended to prevent the operation of a
Commercial Motor Vehicle while ill or fatigued.
Hours Of Service – Severity Ratings:
Vehicle Violations with the highest severity ratings
include –
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Jumping an out‐of‐service order (10)
11‐hr rule violation (7)
14‐hr rule violation (7)
70‐hr rule violation (7)
False log (7)
Onboard recording device failure (5)
Violations resulting in an Out‐of‐Service order are
increased by 2 points
Hours Of Service –Top Violations:
Description , Severity
1. Failing to complete log properly (form & manner) 2
2. Failing to keep your log current 5
3. Violating 11‐ or 14‐hr rules (property) 7
4. Falsifying log 7
5. Failing to create a log 5
6. Failing to carry previous 7‐day’s logs 5
7. Violating 60/70‐hr rule 7
8. Driving while ill or fatigued 10
9. Violating on‐board recorder rules 1
10. Jumping an Out‐of‐Service order 10
Summary of revisions:
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Limits the use of the 34‐hour restart provision to once
every 168 hours.
Requires that anyone using the 34‐hour restart
provision have as part of the restart two periods that
include 1 a.m.to 5 a.m.
Prohibits driving if more than 8 hours since last break of
30 or more minutes.
This rule does not include a change to the daily driving
limit of 11 hours.
The 60‐ and 70‐hour limits are also unchanged
Why the new revisions?
• The purpose of the rule is to limit the ability of
drivers to work the maximum number of hours
currently allowed, on a continuing basis to reduce
the possibility of driver fatigue.
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Long daily and weekly hours are associated with
an increased risk of crashes and with the chronic
health conditions associated with lack of sleep.
Why the new revisions?
• Recent research found that any break from driving
reduces risk in the hour following the break, but off‐duty
breaks produced the largest reduction.
• This study also showed that when non‐driving activities
(both work and rest‐related) were introduced during the
driver’s shift—creating a break from the driving task—
these breaks significantly reduced the risk of being
involved in a safety critical event during the 1‐hour
window after the break.
Some Interpretation Improvements
Already Made by FMCSA:
• Time spent resting in a parked vehicle may be logged
as Off Duty.
• Drivers who are required to attend the vehicle at all
times are allowed to count attendance time, which is
on duty, toward the break if they do no other work
during that time.
Affects Of The Regulation:
• Break requirement of 30 minutes for 8 hours of
consecutive On‐Duty time will affect most producers.
• Some breaks can be planned around lunch and some
loading delays.
• Off in a parked vehicle will be of benefit to some
operations.
• Some producers (especially those utilizing the 12-14 hr.
days) may find the need to plan for two 30‐minute breaks
in a given shift due to early initial breaks!
Current Status:
• On June 17, 2013, The American
Transportation Research Institute (ATRI)
released the findings of its analysis of
FMCSA’s cost/benefit assessment for the
34‐hr restart provisions.
• ATRI’s analysis quantifies a delta between
FMCSA’s purported industry benefit and
actual industry costs resulting from the
restart changes: > $322 million.
• A request to delay of the rules until three
months after the court’s decision. FMCSA
has denied the request.
Current Status:
• Washington, DC appeals court heard
arguments against the Federal Carrier
Motor Safety Administration on March 15
• The ATA submitted arguments that the
HOS rules are not supported by data and
should be rejected.
• The NRMCA and ATA specifically take
issue with the 30‐minute mandatory break
included in the HOS rule changes.
Jeff Hinkle, Chandler Concrete
representing the interests of the NRMCA
Congressional Hearing: House Transportation and
Infrastructure Committee
June 18, 2013
“The driver can take this (30 minute break) at a
time of his or her choosing, and may include
rest stops, meals, and other rest periods.”
Hon. Anne S. Ferro,
Administrator, FMCSA
Regarding CDL drivers averaging less than 70
hours per week:
“Drivers working more moderate schedules may
approach the 11 hours of driving, or 14 hours of on
duty, without the imposed 30 minute break, on a
particular day they do so only occasionally. As a
result, drivers working moderate schedules are largely
unaffected.”
Hon. Anne Ferro
Administrator, FMCSA
Regarding a desire to reduce the number
of hours worked:
“Everyone else in America works eight
hours, so truck drivers should as well.”
Ms. Joan Claybrook
Consumer Co-Chair, Advocates for Highway and
Auto Safety
READY MIX CONCRETE EXEMPTION
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VERY positive feedback given to the
NRMCA by the House Transportation and
Infrastructure Committee
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In the event that the Federal Appeals Court
denies a 3-month delay of enforcement,
NRMCA filed for an Industry Exemption to
the new regulations