# Presentation: 486508

## April, 2003

**April, 2003**

**Safety is the Top Priority of the Bush Administration**

- The final rule:
-     Will save up to 75 lives and prevent as many as
-      1,326 fatigue-related crashes annually.
-      Moves towards a 24-hour work-rest cycle.
-      Increases the opportunity for restorative sleep by
-      increasing the amount of off-duty time by two hours.
-      Strikes a balance between uniform, consistent
-      enforcement, and operational flexibility.

**Notes:**
Concerns were raised by the rising number of CMV crash fatalities, and a number of tragic fatigue related CMV crashes.
NTSB and safety advocacy groups petitioned congress for mandate.
Rulemaking proposal (multiple levels, on-board recorders, etc.) was put on hold, and reassessed.
New rules more directly on the safety issues, and are more performance driven.

## Existing Hours-of-Service (HOS)rules were adopted in 1939.               One modification in 1962.Current rulemaking mandated by   Congress in 1995.         Due to increasing CMV crash fatalities,                 and        Public concern for driver fatigue.

**Background**

**Notes:**
Concerns were raised by the rising number of CMV crash fatalities, and a number of tragic fatigue related CMV crashes.
NTSB and safety advocacy groups petitioned congress for mandate.
Rulemaking proposal (multiple levels, on-board recorders, etc.) was put on hold, and reassessed.
New rules more directly on the safety issues, and are more performance driven.

## Objectives of the HOS Revisions

-       **To permit commercial motor vehicle (CMV) drivers additional opportunities for quality rest and restorative sleep, **
**	****	****and**
**      ****To reduce the number of crashes**
**        ****caused by drowsy, tired, or fatigued**
**        ****CMV drivers. **

**Notes:**
FMCSA estimates that 196-585 fatalities occur each year because of drowsy, tired, or fatigued CMV drivers transporting property.

## Hours-of-Service Applicability

_**Current Rules**_
- 	Apply to _all_ motor carriers and CMV drivers, with some exceptions for specific operations including:
- Oil field
- Agricultural
- Ground water well drilling
- Construction Materials & Equipment
- Utility Service Vehicles

_**New Rules**_
- 	Apply only to _property-carrying_ motor carriers and CMV drivers, with similar exceptions for specific operations including:
- Oil field
- Agricultural
- Ground water well drilling
- Construction Materials & Equipment
- Utility Service Vehicles

## Do not apply to Interstate Passenger Carriers.
 They will continue to comply with the rules in effect on October 1, 2002

** ****They will continue to comply with the rules in effect on October 1, 2002**

**Hours-of-Service Applicability**

**Notes:**
The FMCSA was persuaded by comments on the final rule that it does not have enough data to indicate a problem in the motorcoach industry segment and is not adopting any new rules for motorcoach drivers in this final rule.  The FMCSA may consider the feasibility of other alternatives to reduce fatigue‐related incidents and increase motorcoach driver alertness in the future.

This final rule establishes a uniform set of regulations for all cargo‐carrying operations while allowing passenger‐carrying operations to continue under the current rules.  This presentation specifically addresses the NEW HOS for property-carrying operations.

Section 395.5 moves the current rules in § 395.3 to this new section exclusively for drivers of, and carriers using, passenger‐carrying vehicles.  New Section – 395.5  Maximum driving time for passenger‐carrying vehicles

## Hours-of-Service Regulations

_**Old Rules**_
- _All_ CMV drivers may not drive:
- 	More than 10 hours, following 8 hours off-duty.
- 	After 15 hours on-duty, following 8 hours off-duty.
- 	After 60/70 hours on-duty in 7/8 consecutive days.

_**New Rules**_
- _Property-Carrying_ CMV drivers may not drive:
- 	More than 11 hours, following 10 hours off-duty.
- 	Beyond the 14th hour after coming on-duty, following 10 hours off-duty.
- 	After 60/70 hours on-duty in 7/8 consecutive days.

**Notes:**
HOS final rule allows property-carrying CMV drivers shorter on-duty time, generally, but longer driving time.

Clarification of 14-hour vs. 15-hour rules
Under the 14-hour rule, the FMCSA will allow property‐carrying drivers to take off‐duty mid‐shift meal, nap, and other rest break periods, but those breaks will not extend the workday.  These periods are included in the calculation of the 14-hour rule and a driver must not drive after the 14th hour after beginning duty.

The 15-hour rule for passenger-carrying vehicles may extend a driver’s workday.  These drivers may take off-duty periods which are not counted towards their 15 hours on duty

## New HOS Rules

_**34-Hour Restart**_
**Truck drivers may restart a 7/8 consecutive day period after taking 34 or more consecutive hours off-duty as long as the driver has not exceeded 60/70 hours on duty.**

**Notes:**

Retains drivers’ weekly limits on duty (60/70) and allows for a new restart period of 34 hours off duty which includes 2 sleep periods.

##                  Or, Simply Stated .  .  .

- 		_**OLD**_				_**NEW**_
**10 Hours Driving ****	********	****11 Hours Driving**
**15 Hours On-Duty****	********	****14 Consecutive Hours**
**(breaks may extend****	****	**** On-Duty (breaks **_**do not**_** ****	****         **
**time on duty)****	****	****                  **_**extend**_** on-duty time)**
**  ****8 Cumulative Hours ****	********	****10 Cumulative Hours**
**	****   ****Off-Duty****	****	****	****       Off-Duty**
**60/70 in 7/8 Days****	********	****60/70 in 7/8 Days**
**	****	****	****	******** ****	****34-Hour Restart**

## 	Drivers may extend the 14-hour on-duty period by 2 additional hours IF THEY:
	     Are released from duty at the normal work reporting  
          location for the previous 5 duty tours; AND
          Return to their 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 7/8-day period.
    ------------------------------------------------------------------------   

- 	     Are released from duty at the normal work reporting
-           location for the previous 5 duty tours; _**AND**_
-           Return to their 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 7/8-day period.
-     ------------------------------------------------------------------------

**16-Hour Exception for Property-Carrying Drivers**

**Total hours driving may not exceed 11 hours.**

**Notes:**
Drivers can use the 16 hour exemption only once in their 7/8 period, unless restarted with at least 34 consecutive hours off duty.
Drivers are still limited to 11 hours driving.

## Passenger-Carrying Operations

- _Passenger-Carrying_ CMV drivers may not drive:
- More than 10 hours, following 8 hours off-duty.
- Beyond the 15th hour after coming on-duty, following 8 hours off-duty.
- After 60/70 hours on-duty in 7/8 consecutive days.

## Property and Passenger-Carrying Operations

- If a property or passenger-carrying driver works more than one job of any kind, that time must also be included as On-Duty Time.

## Oil Field Operations,
Ground Water Well Drilling Operations,
Construction Materials and Equipment, 
and Utility Service Vehicles

	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 (including the 16-hour exception).

**Ground Water Well Drilling Operations,**
**Construction Materials and Equipment, **
**and Utility Service Vehicles**
**	**
**	****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 (including the 16-hour exception).**
**	****	**

**Exceptions and Exemptions**

## 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.

**Notes:**
Congressionally‐mandated and historical exemptions and exceptions are retained.

The new HOS rules do not change the 395.1 exceptions for the following operations:  oil field, agricultural, ground water well drilling, construction materials and equipment, and utility service vehicles.

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

In the instance of a driver of a CMV who 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.

- In the instance of a driver of a CMV who 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.

	In the instance of a driver of a CMV who 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.

**	****	****	****	****	****	****           ****24-hour restart.**
- 	In the instance of a driver of a CMV who 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**

## Utility Service Vehicles – No change in 24-hour restart.

	In the instance of a driver of a utility service vehicle, any period of 7 or 8 consecutive days may end with the beginning of any off-duty period of 24 or more successive hours.

- 	In the instance of a driver of a utility service vehicle, 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**

## Agricultural Operations – No Change 

	The provisions of Part 395 shall not apply to drivers transporting agricultural commodities or farm supplies for agricultural purposes in a State if such transportation:

	Is within a 100 air-mile radius from the source of the commodities or the distribution point for the farm supplies, AND

        Is conducted during the planting and harvesting seasons within such State, as determined by the State.

- 	The provisions of Part 395 shall not apply to drivers transporting agricultural commodities or farm supplies for agricultural purposes in a State if such transportation:
- 	Is within a 100 air-mile radius from the source of the commodities or the distribution point for the farm supplies, _AND_
-         Is conducted during the planting and harvesting seasons within such State, as determined by the State.

**Exceptions and Exemptions**

## Exceptions and Exemptions

_**100 Air-mile radius exemption**_
- A driver is exempt from maintaining the driver’s daily log
- requirements if:
- The driver operates within a 100 air-mile radius of the
- 	normal work reporting location.
- The driver returns to the work reporting location and is released from work within 12 consecutive hours.
- Each 12 hours on duty are separated by at least:
- 10 consecutive hours off duty for property-carrying drivers
- 8 consecutive hours off duty for passenger-carrying drivers.

## Exceptions and Exemptions

- The driver does not exceed a maximum of:
- 11 hours driving time following 10 consecutive hours off duty for property-carrying drivers.
- 10 hours driving time following 8 consecutive hours off duty for passenger-carrying drivers.
- The motor carrier that employs the driver maintains accurate and true time records for a period of 6 months showing:
- The time the driver reports for duty each day
- The total number of hours the driver is on duty each day
- The time the driver is released from duty each day
- The total time for the preceding 7 days for first-time or intermittent drivers.

##     Current record-keeping rules remain the same with    no changes for all truck and bus drivers.    Current records of duty status (log books) and supporting    documents remain the same for all truck and bus drivers.    100 air-mile radius truck and bus drivers may continue to    use a time card or time sheet as their record of duty status.

**Record-Keeping Requirements**

## Record-Keeping Requirements

_**Driver’s Record of Duty Status**_
- Every driver shall prepare a record of duty status (daily log) in his/her own handwriting for each 24 hour period, unless operating under the 100 air-mile radius exemption.
- Failure to complete or retain the log, or knowingly falsifying logs or other reports, makes the driver and/or carrier liable to prosecution.

## Record-Keeping Requirements

_**Submitted/Retained duty status log:**_
- The driver must submit the original log sheet to the employing carrier within 13 days after completion.
- When a motor carrier uses a driver initially or intermittently, that carrier must obtain from him/her a signed statement including:
- The total time on duty during the immediately preceding 7 days
- The time at which he/she was last relieved of duty.
- Records of duty status and all supporting documents must be maintained for at least 6 months.

## Additional Research On Compliance Technologies

- Electronic On-Board Recorders (EOBR) are not mandated.
- Other technologies offer potential for HOS record-keeping.
- FMCSA will continue research on EOBRs and other  compliance technologies.
- Research factors will assess:

-    Ability to identify driver
-    Tamper resistance
-    Data accessibility at roadside
-    Driver acceptability
-    Operational/proprietary security
-    Cost/benefit
-    Ability to produce records for audits

## Additional Research On Compliance Technologies

- Motor carriers may require a driver to use an automatic on-board recording device to record duty status.
- The driver must still have automated or written records of duty status in his/her possession for the previous 7 consecutive days.
- All hard copies of the driver’s records of duty status must be signed by the driver.

## 390.23  Return to Duty After Emergency Declaration

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

**395.1(b)  Adverse Driving Conditions**

-    Adds 2 hours to the 11 hours driving
-    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 10 consecutive hours off-duty if they have driven more than 11 hours or been on duty more than 14 hours, and at least 34 consecutive hours off duty, if they have 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.

## 395.1(e)  100 Air-Mile Radius Driver

-  10 hours off-duty vs. 8 hours
-  Limited to 11 hours driving
-  May continue to use a time card or time sheet as their record of duty status.

**395.1(g)  Sleeper Berths**

-     2 separate periods with a minimum of 2 hours
- 	(totaling 10 hours)
-     Can combine consecutive sleeper time and
-        off-duty time (totaling 10 hours)

**Impact on Other FMCSRs**

**Notes:**
Sleeper Berths
FMCSA will continue to allow single drivers to accumulate their required time off duty in two sleeper berth periods.
No driving time may occur after the 14th hour of on‐duty time accumulated preceding and following each rest period.
New rule has been modified from the Canadian version to enable a driver to have off‐duty time in conjunction with sleeper berth time, which the agency has previously allowed.

## 395.1(j)  Travel Time

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

**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, but returning to their destination 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, but continues to only require only 8 hours off-duty.

## Compliance Dates for Changes

-    Carriers/drivers must comply with
-    existing hours-of-service rules
-    through January 3, 2004.
-    Mandatory compliance with new
-    hours-of-service rules begins for all
-    carriers/drivers on January 4, 2004.

## 	 During the implementation period, the FMCSA must:

	    Train enforcement officers;
         Modify computer systems; and, 
         Develop educational tools for the industry and the 		public.

	 This also allows motor carriers subject to the 
	  hours-of-service rule to:

	    Educate their employees; and, 
         Make any operational changes necessary to comply 
		with the new regulations.

- 	    Train enforcement officers;
-          Modify computer systems; and,
-          Develop educational tools for the industry and the 		public.
- 	 **This also allows motor carriers subject to the **
**	****  ****hours-of-service rule to:**
- 	    Educate their employees; and,
-          Make any operational changes necessary to comply
- 		with the new regulations.

**HOS Rule Implementation**

## HOS Rule Implementation

-     Educational materials regarding the new HOS regulations will be posted on the FMCSA web site.
-     Prior to January 4, 2004, motor carriers and law enforcement will operate under the existing HOS rules.

**HOS Rule Implementation**

##     FMCSA must modify its computer systems: 
    CAPRI, MCMIS, SAFETYNET, EMIS, UFA, and ASPEN to incorporate the regulatory changes.

    FMCSA must train the Federal and State enforcement staffs to use the new information systems.

    FMCSA must work with the CVSA to amend the Driver Out-of-Service criteria prior to January 4, 2004.

-     CAPRI, MCMIS, SAFETYNET, EMIS, UFA, and ASPEN to incorporate the regulatory changes.
-     FMCSA must train the Federal and State enforcement staffs to use the new information systems.
-     FMCSA must work with the CVSA to amend the Driver Out-of-Service criteria prior to January 4, 2004.

**HOS Rule Implementation**

## 	     FMCSA must update its Field Operations Training   
	     Manual and Motor Carrier Regulatory Information
	     System (MCREGIS) in the six months following
	     publication.

	     FMCSA will update its education and technical 
          assistance (ETA) packages, alert the truck driver
          training institutions, and modify all other HOS
          educational materials prior to January 4, 2004.

- 	     Manual and Motor Carrier Regulatory Information
- 	     System (MCREGIS) in the six months following
- 	     publication.
- 	     FMCSA will update its education and technical
-           assistance (ETA) packages, alert the truck driver
-           training institutions, and modify all other HOS
-           educational materials prior to January 4, 2004.

**HOS Rule Implementation**

## Motor Carrier Safety Assistance
(MCSAP) Program

    FMCSA plans to encourage States to adopt compatible rule changes as soon as possible.

    As allowed by § 350.335(b), FMCSA plans to provide States up to three years after publication to adopt compatible rule changes.

**(MCSAP) Program**
-     FMCSA plans to encourage States to adopt compatible rule changes as soon as possible.
-     As allowed by § 350.335(b), FMCSA plans to provide States up to three years after publication to adopt compatible rule changes.

**HOS Rule Implementation**

## Questions?

- _[www.fmcsa.dot.gov](http://www.fmcsa.dot.gov/)_

**Notes:**
New HOS Summary
Moves towards a 24-hour clock for CMV drivers.
Increases drivers mandatory rest period.
Decreases drivers on-duty period.
Allows short-haul carriers an increased on-duty period once a week.
Retains drivers’ weekly limits on duty (60/70) and allow for a new restart period of 34 hours off duty which allows for 2 sleep periods.
Maintains the current record of duty status (log book) in effect.
Maintains the current recordkeeping rules in effect for all CMV drivers.
Does not require mandatory electronic on-board recorders for drivers.