# Presentation: 900453

## NEW

**NEW**
**HOURS-OF-SERVICE**
**REGULATIONS**

**Effective October 1, 2005**

**SAFETY IS THE BUSH ADMINISTRATION’S **
** ****#1 TRANSPORTATION PRIORITY **

**USDOT has an aggressive goal **
**to reduce fatalities on our nation’s highways.**
**Safety is the top issue in our rulemaking process. **

**Notes:**
The new hours-of-service regulations address the safety challenges of a diverse industry through research-based standards that are understandable and enforceable. 

Safety is the Bush Administration’s number-one transportation priority.  We have a very aggressive goal at the Department of Transportation to reduce fatalities on our nation’s highways, so safety is the top issue in our rulemaking process. 

## 1939.  Original Hours-of-Service (HOS) rules were adopted in 1939 with a significant  modification in 1962.1962. The Interstate Commerce Commission allowed drivers to drive up to 10 hours after taking 8 hours off duty, creating a "day" as short as 18  hours and disrupting drivers' circadian rhythms. 1996.  Due to increasing CMV crash fatalities and public concern for driver fatigue, FMCSA published an Advance Notice of Proposed Rulemaking in 1996. 2000.  FMCSA then published a Notice of Proposed Rulemaking in 2000 and analyzed  scientific research, convened expert panels, held listening sessions, and reviewed over 53,000 individual comments submitted during the rulemaking process.   2003.  FMCSA issued the first significant revision to the HOS regulations in over 40 years.2005.  Because of a decision by the United States Court of Appeals for the District of Columbia Circuit in Public Citizen, et al. v. Federal Motor Carrier Safety Administration (374 F.3d 1209) on July 16, 2004, which stated the 2003 rule did not consider the impact of the rules on driver health, FMCSA has revised the hours-of-service regulations.

**BACKGROUND**

**Notes:**
In August, 2005, the Federal Motor Carrier Safety Regulations (49 CFR Part 395 – Hours-of-Service) changed.  The effective date of these regulations is  October 1, 2005.
Reform of the hours-of-service regulations has been under consideration by the Federal Motor Carrier Safety Administration (FMCSA) for several years. 
In 1962, the Interstate Commerce Commission allowed drivers to drive up to 10 hours after taking 8 hours off duty, creating a "day" as short as 18 hours and disrupting drivers' circadian rhythms. In 1995, Congress, concerned about the effect of fatigue as a contributing factor in commercial motor vehicle crashes, directed the FMCSA to begin a rulemaking to increase driver alertness and reduce fatigue-related incidents. 
FMCSA published an Advance Notice of Proposed Rulemaking in 1996 and  a Notice of Proposed Rulemaking in 2000.  The agency analyzed scientific research, convened expert panels, held listening sessions, and reviewed over 53,000 individual comments submitted during the rulemaking process.   In April 2003, FMCSA issued the first significant revision to the HOS regulations in over 40 years.  
In June 2003, a petition to review the new hours-of-service regulations was filed in the U.S. Court of Appeals for the D.C. Circuit.   
The court’s decision in Public Citizen, et al. v. Federal Motor Carrier Safety Administration (374 F.3d 1209, July 16, 2004) invalidated the 2003 rule for failure to consider the impact of the rules on driver health.  FMCSA has therefore revised the hours-of-service regulations.

**Goal:  ****	****Reduce Fatigue-Related Long-Haul ****	****	****Truck Crashes****.**

- The new HOS rule is intended to reduce fatigue-related crashes, most notably in the long-haul sector where studies indicate fatigue is much greater than in the short-haul sector.

**Notes:**
We developed the new hours-of-service rule with the priority in mind of reducing fatigue-related truck crashes, most notably in the long-haul sector, where studies indicate truck driver fatigue is much  greater than in the short haul sector. 

It is important to note that the research supporting the new rule estimates that between 5 and 13 percent of all large truck crashes are fatigue-related.
We at FMCSA will continue to look at the science and the data to reduce fatalities not only in the 5 to 13 percent of truck crashes where fatigue is a factor, but in the remainder of large truck crashes as well.

**HOS RULE **
**Research on Driver Health and Fatigue **

- Consulted with driver health and fatigue experts and academic research institutions.
- In total over 1,000 health-related research articles and fatigue-related studies reviewed.
- 1,800 public comments considered.

**Notes:**
For this rulemaking, the Agency consulted with driver health and fatigue experts and academic research institutions to identify and analyze relevant research. 

This included reviewing more than 1,000 health-related research articles and dozens of fatigue-related studies. 

We also considered nearly 1,800 public comments received in response to the 2005 Hours-of-Service Notice of Proposed Rulemaking, which referenced an additional 200 studies. 

**Effects on Physical Condition of Drivers**

**	****Rule will **_**NOT**_** adversely affect the ****	****physical condition of drivers.**

**Notes:**
More importantly we considered the effect of the hours-of-service rule on the physical condition of drivers. 

Based on the available research and other data and information, the Agency concluded that the 2005 rule will NOT adversely affect the physical condition of drivers. 

**IMPACT ON INDUSTRY**

- This regulation –
- 	Provides an increased opportunity for 	drivers to obtain necessary rest and 	restorative sleep.
- 	Provides flexibility to move products 	while operating safely.

**Notes:**
We are aware that our regulations have a major impact on the national economy through industry operations. 

We developed this rule to enhance safety, but we try to never lose sight of the operational realities of our complex national transportation system. 

This hours-of-service rule provides an increased opportunity for drivers to obtain necessary rest and restorative sleep, while also recognizing life’s realities by providing the flexibility to move products while operating safely. 

We know that these rules are important not only to the "trucking industry," but to all industries that use trucks as critical components of their business operations, as well as the general public.

**HOURS-OF-SERVICE RULES**

| 2003 Rule Property Carrying CMV Drivers Compliance Through 09/3005 | 2005 Rule Property Carrying CMV Drivers Compliance On & After 10/01/05 |
| --- | --- |
| May drive a maximum of 11 hours after 10 consecutive hours off duty. | No Change |
| May not drive beyond the 14th hour after coming off duty, following 10 consecutive hours of duty.  | No Change |
| May not drive after 60/70 hours of duty in 7/8 consecutive days.
A driver may restart a 7/8 consecutive day period after taking 34 or more consecutive hours off duty. | No Change |
| Commercial motor vehicle (CMV) drivers using a sleeper berth must take 10 hours off duty, but may split sleeper berth time into two periods provided neither is less than 2 hours.  | CMV drivers using the sleeper berth provision must take at least 8 consecutive hours in the sleeper berth, plus 2 consecutive hours either in the sleeper berth, off duty, or any combination of the two. |

**Passenger-carrying  carrier/drivers are not subject to the above rules. These operations must comply with the hours-of-service limitations in 49 CFR 395.5.**

**Notes:**
Rule at a Glance – 

This rule includes requirements for drive time behind the wheel, on-duty time, off-duty time, a fatigue recovery period, and sleeper-berth use.

It also includes new provisions for short-haul drivers.  These provisions are discussed later in this presentation.

##  Interstate Passenger Carriers must comply 
 with the hours-of-service limits in effect
 before the 2003 Hours-of-Service rule was
 adopted (49 CFR 395.5). 

** ****with the hours-of-service limits in effect**
** ****before the 2003 Hours-of-Service rule was**
** ****adopted (49 CFR 395.5). **

**Hours-of-Service Applicability**

**Notes:**
The FMCSA was persuaded by comments on the 2000 Notice of Proposed Rulemaking that it did not have enough data to demonstrate the existence of a significant fatigue problem in the motorcoach industry.  

The agency is therefore allowing the motorcoach industry to operate under the HOS limits in effect before the 2003 rule was adopted. 

The FMCSA may consider the feasibility of other alternatives to reduce fatigue‐related incidents and increase motorcoach driver alertness in the future.

This presentation specifically addresses the NEW HOS for property-carrying operations.

**2005 HOS RULE **

**Rule Requires 10 Consecutive Hours of Off-Duty Time.**
- 	Rule increases potential for quality 	sleep.
- 	Data shows that drivers are getting 	over 1 hour more sleep than under the 	pre-2003 rule.

**Notes:**
In the 2003 rule, the agency expanded required off-duty time to 10 consecutive hours, thereby increasing the opportunity for drivers to sleep an additional two hours per day.  This new rule also requires the 10 consecutive hours off-duty.  

The longer off-duty time allows drivers opportunities for regular schedules and increases the potential for quality sleep.  The studies on fatigue indicate that the amount and quality of sleep a person receives has a strong influence on alertness. 

Our research shows that drivers are now sleeping over 1 hour more than under the pre-2003 rule, enabling them to maintain a healthy lifestyle.  This is a significant improvement over previous sleep findings.  

**2005 HOS RULE**

- Adopts drive-time limit of 11 hours.
- Prohibits drivers (with some exceptions) from driving beyond the 14th hour after coming on duty following 10 consecutive hours off duty.
- Adopts a 34-hour recovery provision.
- Adopts 60/70 hour weekly maximum
- on-duty times after which a driver may not operate a commercial motor vehicle.** **

**Notes:**
A drive-time limit of 11 hours reconciles the interests of safety and operational flexibility.  The new rule, just as the 2003 rule, prohibits drivers (with some exceptions) from driving beyond the 14th hour after coming on duty following 10 consecutive hours off duty. 

We are also re-adopting the 34-hour recovery provision that was in the 2003 HOS rule.   The research on CMV drivers supports the conclusion that a period of 34 hours is sufficient for recovery from cumulative fatigue.  We believe it will provide drivers the opportunity for two periods of sleep. 

We also decided to re-adopt the traditional limits on maximum weekly on-duty time after which a driver may not operate a commercial motor vehicle.  

Drivers may not drive after reaching a maximum of 60 hours of on-duty time in any consecutive 7-day period, or 70 hours in any consecutive 8-day period. But drivers may restart that maximum on-duty period of 60- or 70-hours by taking 34 consecutive hours off-duty. 

##    Current record-keeping rules remain the same.Current records of duty status (logbooks) andsupporting documents remain the same.100 air-mile radius CMV drivers may continue to use a timecard or timesheet as their record of duty status.New requirements apply to “short-haul” property-carrying drivers.

**RECORD-KEEPING REQUIREMENTS**

## Short-Haul Provision

**Drivers of property-carrying CMVs which do not require a Commercial Driver’s License for operation and who operate within a 150 air-mile radius of their normal work reporting location:**
- May drive a maximum of 11 hours after coming on duty following 10 or more consecutive hours off duty.
- Are not required to keep records-of-duty status (RODS).
- May not drive after the 14th hour after coming on duty 5 days a week or after the 16th hour after coming on duty 2 days a week.
**Employers must:**
- Maintain and retain accurate time records for a period of 6 months showing the time the duty period began, ended, and total hours on duty each day in place of RODS.

**	****	****U.S. Department of Transportation**
**	****Federal Motor Carriers Safety Administration**

**Notes:**
One significant change in this  final rule is the new "short-haul" provision.  This is for motor carriers whose operations require drivers of non-CDL vehicles to return to their work-reporting location every night and whose trips are conducted solely within a 150 air-mile radius from their terminals. 

Under the new rule, drivers of commercial motor vehicles that do not require a Commercial Driver’s License to operate - generally, vehicles of less than 26,001 pounds gross vehicle weight - may extend their 14-hour driving "window" by two hours twice per week. 

Within these two 16-hour workdays, drivers will be allowed to drive up to 11 hours, and each workday must be preceded by at least 10 consecutive hours off-duty.  On the other days of the week, these drivers may drive up to 11 hours within a 14-hour window after coming on duty.  

This short-haul provision retains the 60- or 70-hour limit, and ALL on-duty and driving hours will count in calculating this limit.  Drivers of this type of vehicle will not have to keep a record of duty status, commonly known as a logbook, but the employing motor carrier must maintain driver time records for six months. 
This new Short-Haul provision does not change the existing allowance for certain other drivers to extend their 14-hour “Driving Window” by 2 hours once per week. 

**A Word About Short-Haul Drivers**

- Short-haul drivers typically perform a variety of non-driving tasks during the day, including:
- 	Loading and unloading,
- 	Making deliveries,
- 	Entering and exiting the vehicle many times,
- 	Lifting and carrying packages, and
- 	Dealing with customers.

**Notes:**
These short-haul drivers typically perform a variety of non-driving tasks during the day, including loading and unloading, making deliveries, entering and exiting the vehicle many times, lifting and carrying packages, and dealing with customers. 

**Short-Haul Provision Supported By Research**

- Short-Haul Drivers-
- 	Represent about half of the registered truck 	fleet; but are involved in less than 10% of
- 	fatal truck crashes.
- Those Covered by the New Short-Haul Provision-
- 	Have less than 7% of all fatigue-related fatal 	truck crashes.
-  	Are involved in fewer crashes than other 	types of drivers.

**Notes:**
This short-haul provision is supported by research indicating that these drivers are involved in fewer crashes than drivers of other vehicle types, and will be able to remain alert and vigilant for an additional two hours, two days a week. 

In fact, this segment of drivers are involved in only 7% of fatigue-related fatal truck crashes. 

They also return home each evening where restorative sleep is more consistently available. 

**SLEEPER-BERTH PROVISION**

- CMV drivers using the sleeper-berth provision must take at least 8 consecutive hours in the sleeper berth, plus a separate period of at least   2 consecutive hours off duty, any part of which may be in the sleeper berth.

**Notes:**
Another key change in the new rule requires drivers who use sleeper berths to take 8 consecutive hours in the sleeper berth, plus a separate period of at least two consecutive hours off-duty.  The additional two or more hours may be taken in or out of the sleeper berth.  

This rule addresses the concerns about driver fatigue resulting from sleep fragmentation by requiring a consecutive 8-hour sleeper-berth period. 

This allows drivers to obtain one primary period of sleep and have a second 2 or more hours off-duty or sleeper berth period, or a combination of both, to use at their discretion for breaks, naps, meals, and other personal matters.  

**Electronic On-Board Recorders**

- Advance Notice of Proposed Rulemaking (September 1, 2004)
- Reviewed comments received in the docket. Anticipate publishing a Notice of Proposed Rulemaking on EOBRs in mid-2006.

**Notes:**
One issue that has been closely tied to the Hours-of-Service rule has been that of Electronic On-Board Recorders. 

While we did not include EOBRs in this rulemaking, we did publish an Advance Notice of Proposed Rulemaking on September 1, 2004. 

We have reviewed comments received in the public docket - from drivers, trucking and industry associations, and advocacy groups - and we continue to collect and analyze data on the costs and benefits of electronic on-board recorders. 

Beyond cost issues, developing rules and technical specifications for these devices is a highly complex endeavor. 

The importance and complexity of electronic on-board recorder issues warrant a separate rulemaking, which we are now developing.  We anticipate publishing a Notice of Proposed Rulemaking on this in mid-2006. 

## HOS Rule Implementation

**Motor Carrier Safety Assistance Program**
** ****(MCSAP)**

- FMCSA plans to work with States to help them adopt compatible rule changes as soon as possible.
- As allowed by 49 CFR 350.335(b), FMCSA will provide States up to 3 years after the effective date of the rule to adopt compatible regulations.

## Oilfield Operations
Ground Water Well Drilling Operations
Construction Materials and Equipment 

	These motor carriers retain the 24-hour restart exception for 7/8 day duty periods, but must comply with the new HOS rules including: 

		10 consecutive hours off-duty;

		11-hour driving limitation; and,

		14-hour on-duty limitation.

**Ground Water Well Drilling Operations**
**Construction Materials and Equipment**** **
**	**
**	****These motor carriers retain the 24-hour restart exception for 7/8 day duty periods, but **_**must comply**_ **with the new HOS rules including: **
**	**
**	****	****10 consecutive hours off-duty;**
**	****	****11-hour driving limitation; and,**
**	****	****14-hour on-duty limitation.**
**	****	**

**EXCEPTIONS AND EXEMPTIONS**

## Oilfield Operations 
No change in 24-hour restart

	CMV drivers used exclusively in the transportation of oilfield equipment, including the stringing and picking up of pipe used in pipelines, and servicing of the field operations of the natural gas and oil industry may end any period of 8 consecutive days with the beginning of any off-duty period of 24 or more successive hours.

	Specially trained drivers of CMVs which are specially constructed to service oil wells shall not include waiting time at a natural gas or oil well site as on-duty time; provided, all such time is fully and accurately accounted for in records to be maintained by the motor carrier. 

**No change in 24-hour restart**
- 	**CMV drivers used exclusively in the transportation of oilfield equipment, including the stringing and picking up of pipe used in pipelines, and servicing of the field operations of the natural gas and oil industry may end any period of 8 consecutive days with the beginning of any off-duty period of 24 or more successive hours.**
**	****Specially trained drivers of CMVs which are specially constructed to service oil wells shall not include waiting time at a natural gas or oil well site as on-duty time; provided, all such time is fully and accurately accounted for in records to be maintained by the motor carrier. **

**EXCEPTIONS AND EXEMPTIONS**

## Ground Water Well Drilling 
No change in 24-hour restart

For a driver of a CMV that is used primarily in the transportation and operations of a ground water well drilling rig, any period of  7 or 8 consecutive days may end with the beginning of any off-duty period of 24 or more successive hours.

**No change in 24-hour restart**
- For a driver of a CMV that is used primarily in the transportation and operations of a ground water well drilling rig, any period of  7 or 8 consecutive days may end with the beginning of any off-duty period of 24 or more successive hours.

**EXCEPTIONS AND EXEMPTIONS**

##     Construction Materials and Equipment 
No change in 24-hour restart

	For a driver of a CMV that is used primarily in the transportation of construction materials and equipment, any period of 7 or 8 consecutive days may end with the beginning of any off-duty period of 24 or more successive hours.

**No change in 24-hour restart**
- 	For a driver of a CMV that is used primarily in the transportation of construction materials and equipment, any period of 7 or 8 consecutive days may end with the beginning of any off-duty period of 24 or more successive hours.

**EXCEPTIONS AND EXEMPTIONS**

## 49 CFR § 390.23  Return to Duty After Emergency Declaration

**Driver must be off-duty 10 consecutive hours. **
**Driver must be off-duty 34 consecutive hours if**
**on-duty more than 60/70 hours in 7/8 consecutive**
**days.**

**49 CFR**** ****§ ****395.1(b)  Adverse Driving Conditions**

**Adds 2 hours to the 11 hours driving limit**
**  **
**Driver must comply with 14-hour rule**

**Impact on Other FMCSRs**

**Notes:**
Relief from Regulations
A driver requesting immediate rest after emergency relief efforts must be permitted at least 10 consecutive hours off duty before returning to the terminal.
Once relieved from duty, the driver must take at least 34 consecutive hours off duty, after having been on duty more than 60/70 hours in 7/8 days.

Adverse Driving Conditions
Property-carrying CMV drivers may not drive:
   More than 13 hours after 10 hours off, or
   After the end of the 14th hour after coming on duty following
    10 hours off.

## 49 CFR § 395.1(e)(1)  100 Air-Mile Radius Driver

** **
**10 consecutive hours off-duty.**
** **
** ****Limited to 11 hours driving.**
** ****May continue to use a timecard or timesheet **
** ****instead of the record of duty status.**
**The driver returns to work reporting location and is released from work within 12 consecutive hours if using the 100 air-mile logbook exemption provision.**

**Impact on Other FMCSRs**

**Notes:**
This remains distinct from the new short-haul for provision drivers of non-CDL vehicles in 49 CFR §395.1(e)(2).

## 49 CFR § 395.1(j)  Travel Time

- 	**Considered off-duty if the driver remains**
**	****off-duty for 10 consecutive hours upon **
**	****arrival at the destination.**

**49 CFR**** ****§**** ****395.15(j)  Automatic On-Board Recording Devices**

-   	**Devices must be updated to reflect new HOS**
**	****limitations (11, 14, 16, 60/70 + 34-Hour **
**	****Restart).**

**Impact on Other FMCSRs**

**Notes:**
Travel time for drivers not driving is considered off-duty if the driver remains off-duty for 10 consecutive hours upon arrival at the destination. 

This occurs in a number of trucking operations (e.g., remote construction projects) generally involving vehicles not equipped with sleeper berths.   

This also occurs in charter bus operations involving relay teams, where only 8 hours off duty are required.

**QUESTIONS?**

***www.fmcsa.dot.gov***

**Notes:**

This new hours-of-service rule, based on comprehensive and extensive scientific research, addresses driver health and improves safety; yet it also provides flexibility for the truck drivers and motor carriers that keep America’s economy moving. 

We hope that this new rule ends the recent uncertainty that  the enforcement community and industry have experienced regarding HOS. 

And we are confident these regulations are an important step toward improving highway safety that will help prevent motor carrier crashes. 

We will work with our State partners, as always, to ensure a smooth implementation and uniform enforcement. 

Thank you very much.