A Review of the Hours of Service Regulations
Posted on August 30th, 2013 | Categories: News
A Review of the Hours of Service Regulations
The hours-of-service (“HOS”) regulations are contained in Part 395 of the Federal Motor Carrier Safety Regulations. The HOS regulations provide rules for when and how long a driver is permitted to work and drive a commercial motor vehicle. These regulations are intended to promote roadway safety by preventing driver fatigue. I will address some of the key HOS regulations for property-carrying commercial drivers, which include the 14-hour limit, 11-hour limit, the 60/70-hour duty limit and the 34-hour restart rule, as well as the recent changes to these rules.
The 14-hour limit permits a driver to be On-Duty for a period of 14 consecutive hours after being off duty for 10 or more consecutive hours. On-Duty refers to all time a driver is working, and includes driving activities as well as other work such as loading and unloading. Off-Duty time refers to any time during which a driver is not performing any work. Once a driver reaches the end of a 14 consecutive hour period, he or she must be Off-Duty for another 10 consecutive hours before going back On-Duty.
The 11-hour limit permits a driver to drive for up to 11 total hours after being Off-Duty for 10 or more consecutive hours. Once a driver has driven a total of 11 hours, he or she must be Off-Duty for another 10 consecutive hours before driving a commercial vehicle.
The 60/70-hour limit is based on a 7-day or 8-day period. A driver is required to follow either the 60-hour limit (if the motor carrier does not operate commercial vehicles every day of the week) or the 70-hour limit (if the motor carrier operates commercial vehicles every day of the week). Once a driver reaches the applicable 60/70-hour limit, he or she must be Off-Duty for long enough to fall below the applicable 60/70-hour limit.
The 34-hour restart rule permits a driver to restart the 60/70-hour calculation following 34 consecutive hours Off-Duty. The Federal Motor Carrier Safety Administration recently modified the 34-hour restart rule. See § 395.3(c)(1)(2). Under the new 34-hour restart rule, which came into effect on July 1, 2013, a driver can only use the 34-hour restart once following 168 consecutive hours (7 days) On-Duty. See § 395.3(d). The rule previously did not provide limitations as to when and how often the 34-hour restart could be used. In addition, the 34-hour restart does not count unless it includes two 1:00 am to 5:00 am Off-Duty periods, which were not previously required.
Another recent change the Federal Motor Carrier Safety Administration has made to the HOS regulations is the 30-minute rest break, which also took effect on July 1st of this year. This rule requires property-carrying commercial drivers to take a 30-minute break following eight consecutive hours On-Duty. See § 395.3(a)(3)(ii). The regulations do not specify when drivers must take the 30-minute break, as long as it is within the applicable period. The break does not extend the 14-hour limit, and should be logged as “Off-Duty” or “Sleeper Berth.”
On August 2, 2013, the United States Court of Appeals for the District of Columbia Circuit struck down the 30-minute break provision as it applies to short haul drivers, which includes drivers who operate with our without a commercial license within 100 air miles of their normal reporting location and drivers who operate without a commercial license within a 150 air-mile radius of where they report for duty. The Federal Motor Carrier Safety Administration recently announced it would cease enforcement of the 30-minute break provision against short-haul drivers.
The HOS regulations help reduce fatigue-related truck crashes. While the new HOS regulations will invariably impact the trucking industry, it remains to be seen whether they will provide the intended safety benefits to the motoring public. For now, motor carriers and drivers are well advised to familiarize themselves with the new HOS regulations to remain compliant.
