1	New Hours of Service (HOS) Regulations http://www.fmcsa.dot.gov/ FAQ’s also available on website Released August 2005 Effective Date 10/01/05 Enforcement Memorandum
2	Why the Changes? Suit filed against 2003 HOS rules in District Court District Court sided with plaintiffs FMCSA charged with changing rules to reflect scientific research
3	Why the Changes? (cont.) Congress allowed FMCSA to keep 2003 HOS rules in effect through September 2005 Directed that as of October 1, 2005 the 2003 HOS rules would be vacated Response to petition from ATA for allowing one sleeper berth period exclusion from calculation of 14 hour rule
4	New Driving Rules Drivers are allowed to drive 11 hours following 10 hours off-duty Drivers are not allowed to drive after having been on-duty 14 hours following 10 hours off-duty *Drivers, at any time, will be allowed to restart their 60/70 hour rule after obtaining 34 consecutive hours off-duty
5	11 Hour Rule 395.3 Maximum driving time for property-carrying vehicles (a) No motor carrier shall permit or require any driver used by it to drive a property-carrying commercial motor vehicle, nor shall any driver drive a property-carrying cmv: (1) More than 11 cumulative hours following 10 consecutive hours off duty;
6	14 Hour Rule OR (2) For any period after the end of the 14^th hour after coming on duty following 10 consecutive hours off duty, except when a property-carrying driver complies with the provisions of 395.1(e) or 395.1(o), both to be covered later in the presentation
7	Vocabulary Driving time – all time spent at the driving controls of a CMV in operation Off-duty – (4 criteria must be met) (1) driver relieved from duty (2) duration of relief must be a finite period (3) written instructions from company allowing relief (4) must be free to leave premises where vehicle is situated and pursue activities of drivers own choosing On-duty – any action as part of motor carrier duties; Loading/unloading, VI, involved in accident, working for a non-motor carrier…
8	395.1(g) Revised Sleeper Berth Regulation Changes in accordance with new 2005 HOS rules
9	395.1(g) revised to now read: General property-carrying commercial motor vehicle. A driver who operates a property-carrying CMV, equipped with a sleeper berth as defined in 395.2 & 393.76, (A) Must, before driving, accumulate: (1) At least 10 consecutive hours off duty; (2) At least 10 consecutive hours of sleeper berth time;
10	395.1(g) revised to now read: (Cont.) (3) A combination of consecutive sleeper berth and off duty time amounting to at least 10 hours; or (4) The equivalent of at least 10 consecutive hours off duty if the driver does not comply with paragraph (g)(1)(A)(1), (2), or (3) of this section;
11	395.1(g) revised to now read: (Cont.) May not drive more than 11 hours following one of the 10-hour off-duty periods specified in paragraphs (g)(1)(A)(1) through (4) of this section and May not drive after the 14^th hour after coming on duty following one of the 10-hour off-duty periods specified (Same as above); and
12	395.1(g) revised to now read: (Cont.) Must exclude from the calculation of the 14-hour rule limit any sleeper berth period of at least 8 but less than 10 consecutive hours (9.75) (ii) Specific requirements. – The following rules apply in determining compliance with paragraph (g)(1)(i) of this section:
13	395.1(g) revised to now read: (Cont.) (ii) (A) The term “equivalent of at least 10 consecutive hours off duty” means a period of (1) At least 8 but less than 10 consecutive hours (up to 9.75 hours) in a sleeper berth, and (2) A separate period of at least 2 but less than 10 consecutive hours either in the sleeper berth or off duty, or any combination thereof
14	395.1(g) revised to now read: (Cont.) (ii) (B) Calculation of the 11-hour driving limit includes all driving time; compliance must be re-calculated from the end of the first of the two periods used to comply with paragraph (g)(1)(ii)(A) of this section
15	395.1(g) revised to now read: (Cont.) (ii) (C) Calculation of the 14-hour limit includes all time except any any sleeper berth period of at least 8 but less than 10 consecutive hours; compliance must be re-calculated from the end of the first of the two periods used to comply with the paragraph (g)(1)(ii)(A) of this section
16	11 Hour Driving Rule A driver may drive 11 hours following 10 hours off-duty EXAMPLE - A driver spends 10 hours at home before coming to work and driving. He/she is allowed to drive 11 hours. After reaching his/her 11^th hour driving, he/she must achieve 10 hours off duty before driving again Other rest options apply; Sleeper provision, 10 hours in sleeper or off-duty, combination of sleeper and off-duty for 10 consecutive hours
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21	14 Hour Driving Rule A driver may not drive after having been on-duty 14 hours following 10 hours off-duty – the 14 hour on-duty time cannot be extended by meal or fuel stops, it can only be extended by spending at least 8 consecutive hours but less than 10 resting in a sleeper berth Example: A driver spends 10 hours off-duty at home, he/she drives 5 hours then works in the shop for 9 hours, he/she would not be allowed to drive again until 10 more hours off-duty are achieved Same rest options as the 11 hour rule apply
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26	34-Hour Restart Change to 34-hour restart (60/70 hour rule) restart from previous HOS regulations. Under 395.3 C (1) & (2) Any period of 7 or 8 consecutive days may end with the beginning of any off-duty period of 34 or more consecutive hours Basically at any time a driver obtains 34 or more consecutive hours off-duty their 60/70 hour rule will restart at 0 hours
27	(Short-haul operations)-100 Air Mile Radius Driver 395.1(e)(1) Drivers are exempt from keeping a log if they meet the following 5 requirements found in the regulation. Driver remains within 100 air miles (115.08 statute miles) of their work reporting location. The driver returns to the work reporting location within 12 consecutive hours of going on duty
28	Driver must meet all 5 criteria After being released within 12 hours, the driver must be afforded 10 consecutive hours off duty The driver may not drive more than 11 hours during the 12 hour period The motor carrier that employs the driver maintains and retains, accurate and true time records that indicate;
29	Carrier must keep all 4 The time the driver begins to work; The total number of hours the driver works; The time the driver is released from work; And the preceding 7 days of work activities (time records) for drivers used the first time or intermittently
30	Short Haul Operations (Non CDL) 395.1(e)(2) A non CDL required driver is exempt from 395.3 & 395.8, and ineligible to use the provisions of 395.1(e)(1), (g) & (o) if; (i) Driver operates a CMV not requiring a CDL
31	Short Haul Operations (Non CDL) (395.1(e)(2) cont.) (ii) Driver operates within 150 air mile radius, where driver reports to and is released from normal work reporting location; (iii) Driver returns to normal work location & is released at the end of each duty tour
32	Short Haul Operations (Non CDL) 395.1(e)(2) (cont.) (iv) The driver has at least 10 consecutive hours off separating each on-duty period (v) The driver does not drive more than 11 hours following 10 hours off
33	Short Haul Operations (Non CDL) 395.1(e)(2) (cont.) (vi) The driver does not drive; (A) After the 14^th hour after coming on duty on 5 days of any period of 7 consecutive days; and (B) After the 16^th hour on 2 days of any period of 7 cons. days
34	Short Haul Operations (Non CDL) 395.1(e)(2) (cont.) (ix) The motor carrier maintains and retains for 6 months true and accurate time records (The same as those required for the 100 air mile radius driver)
35	395.1(o) (14-hour rule) Exemption This exemption, 395.1(o), has been designed to be utilized by local short haul drivers. (CDL or Non CDL required drivers may use this exemption)
36	395.1(o) 14 Hour Rule Exception continued A driver is allowed to extend the 14 hour rule by 2 hours one day during the week, if they meet certain guidelines Guidelines include (1) the driver has returned to the work reporting location and has been released at that location for the previous 5 duty tours the driver has worked; (2) The driver has returned to the normal work reporting location and the carrier releases the
37	"-(2) (cont.)..." -(2) (cont.) driver from duty within 16 hours after coming on duty following 10 consecutive hours off duty; and -(3) The driver has not taken this exemption within the previous 6 consecutive days, except when the driver has begun a new 7- or 8-consecutive day period with the beginning of any off duty period of 34 or more consecutive hours as allowed by 395.3(c)
38	FMCSA New HOS Enforcement Guidance August 26, 2005
39	“Soft” Enforcement Period October 1 to December 31^st FMCSA requesting jurisdictions have “soft” enforcement from their own personnel and hopefully from states Questions regarding new rules and enforcement via e-mail at Host@fmcsa.dot.gov (HOS Rules vacated 10/01 to 10/22/05) FMCSA will not be enforcing rules until October 22, 2005
40	“Soft” Enforcement Period (cont.) Due to differences in how states adopt new regulations, and when legislatures are in session, many states will have different dates when new rules will be enforced Some may take as long as three years to adopt and begin enforcing the new regulations
41	Soft Enforcement Period (cont.) OHIO will be enforcing new HOS rules beginning October 1, 2005 Drivers will be placed out of service if in violation Civil forfeitures may be issued (generally in those instances of egregious violations.
42	FMCSA Frequently Asked Questions Updated as of August 15, 2005
43	Other HOS Exemptions FAQ’s Page 17 & Handout
44	TEA-LU Hours of Service Exemptions Agricultural Commodities Operators of Utility Service Vehicles Movie producers subject to old rules, effective April 2003 Grape Growers in New York State Propane Drivers
45	Summary Changes to HOS regulations do not apply to passenger carrier operators. They will continue to utilize the prior HOS regulations awaiting more scientific research Current HOS regulations will remain in effect through 9/30/05, at which time the new HOS regulations will be utilized
46	Where to Get More Information The final rule is available on the internet at http://www.fmcsa.dot.gov/. You may also want to check out the HOS Frequently Asked Questions found on this website. Federal Motor Carrier Safety Administration office In Salt Lake City, (801) 963-0098