Changes to the Hours-of-Service regulations

Changes to the Hours-of-Service regulations
Thomas BraySenior Editor, Transportation ManagementJ. J. Keller & Associates, Inc.
HOS Changes: Round1
February27,2012:Resting in parkedvehicleEgregious violationsRidinginpassenger seat of a movingsleepercab vehicle before/after sleeper break (applies to teams)Oilfield“waiting time”exception clarified
As of February 27, 2012
Time spent “resting”in a parked vehicleis now logged as “off duty”Mustbe “resting” and not on duty!Other definitions of “on-duty time” still apply!Doesnot apply whenhazmatattendance isrequiredTime spent resting in the vehicle counts toward 14-hour limitCan help drivers lower their 7 or 8 day total hours
As of February 27, 2012
An “egregious”violation is driving morethan 3 hourspast driving limitMakesdriver/carrier more likely to face maximumcivilpenaltiesfor each violation:$11,000 for carriers$2,750 fordriversDoes not apply to14 or 60/70 on-duty limits
HOS Changes: Round2
July 1, 2013:Mandatory 30-minute breaksRestrictionson use of the 34-hour “restart”
July 1, 2013: Mandatory Break
Maynot drive a CMV if 8hours (not just driving!) havepassed sincelastbreak of at least 30minutesBreak must be off duty and/or sleeper berthCannot be “on-duty time” (exception for explosives haulers)Counts toward the 14 hour limitRequired for all drivers, even 100 air-mileTiming critical (toavoid needing TWObreaks)
Drivercannot start next “restart” break until 168 hours since thestartof the lastbreakIf driver has more than one 34-hour break in a 168 hour period, driver must indicate which one was the restartRestart must be a minimum of 34 consecutive hours and include two 1:00 a.m. to 5:00 a.m. periodsIf 34-hour break does not include two1:00 a.m. to 5:00 a.m.periods, it must be extended until it does to qualify as a restart
July 1, 2013:Restart Changes
Biggest impactwill beon driverspresently workinglong hoursMorethan 8 hours per dayand not taking a break (will lose 2 to 3 hours a week)Drivers using the restart more than once a week to extend the 60/70 hour limits (could lose as many as 12 to 14 hours per week)Will impact driver availability/scheduling
July 1, 2013
What is NOT Changing?
11-, 14-, and 60/70-hour limitsNew “off duty”time exception and upcoming requiredbreaksdonot “extend” 14-hour limitNochanges to short-haul exceptions (except that 30-minute break is required)
Challenges
Previous court challenge was dismissedFirst challenge filed by ATA on Feb. 14thSecond challenge filed by Public Citizen and others on February 24thCould be resolved before July 2013More challenges possible after July 1, 2013
Increased complexity and misunderstanding of the changes has potential to lead to more violationsFatigued Driving BASIC already has most carriers in Alert status52,000 (and counting) warning letters mailed alreadyFourth quarter 2011:5,513 carriers investigated3,501due to CSA scores (2,253 were “focused”)Compare to 18,000 done in all of FY 2011OtherCSA changes related to intermodaloccurring (Vehicle Maintenance BASIC)
HOS and CSA
If you think of one later…Thomas BrayJ. J. Keller & Associates, Inc.800-558-5011 x-2863tbray@jjkeller.com
Questions?