The Winds of Change: New HOS Regulations

Author: Kyle Boyce

hours of service; hos regulations

July 1st, 2013 is the day all the new Hours of Service (HOS) regulations begin that we all must be compliant with. There has been a big push for changes to the HOS since the mid 90’s from the FMCSA, and they’ve finally done it! We are still learning about these changes and trying to get the details sorted out, but it’s going to be important that we all embrace this change.

We’ve been receiving a lot of calls lately with questions regarding these changes, and some really good ones, I must say. Our mission is to make sure that we give you the tools to understand these changes while also helping you better prepare.

One of the biggest changes coming up is the 34-hour restart. The rule states that you must take a 34-hour restart for every 168 hours worked. Included in your restart you are required to take two rest periods from 1 a.m. to 5 a.m. on your home terminal time; after this break your hours will reset.

Second, is the change of your on/off-duty times as well as the hours you’re allowed to drive. You will be allowed a period of 14 consecutive hours of duty time after being off duty for 10 or more consecutive hours, and this 14 hours starts as soon as you begin any kind of work. After 14 hours, you must then be off duty again for at least 10 consecutive hours. Within the 14 consecutive on duty hours you are allotted 11 hours to drive. Once you have driven a total of 11 hours, you must take your 10 consecutive hours of off duty time. You must also take a 30 minute off-duty or sleeper-berth period if it has been 8 hours since your last break of at least 30 minutes.

There are many references that are linked in this article, and we urge you to not skip over them, please read them and make yourselves aware of what’s coming. You’ll also see links to other important articles such as the MAP-21 act. You can save the links, print them out, whatever you need to do, but chances are you’ll want to reference them at some point.

Important Links

Petitions for Reconsideration

Visor Cards for Quick Reference

Truckers Guide to the HOS

Examples of Compliant Logbooks

Answers to Important Questions

Tips for Teaching New Log Rules

MAP-21 Act

Categories: Carriers
Tags: carriers

Comments

Sam Olessi, June 28, 2013

The only change I see is the 34 hour reset. I was logging my hours that way for years I always took a break and weekends off. I will say that the companies that were running the drivers into the ground will not be able to do that any more! Good luck!

Comments

Scott, June 29, 2013

According to CFR Section 395.3 (c) (2), “After June 30, 2013, any period of 8 consecutive days may end with the beginning of an off-duty period of 34 or more consecutive hours that includes two periods from 1 a.m. to 5 a.m.”.

According to the FMCSA Publication entitled “Interstate Truck Driver’s Guide to Hours of Service” page 6, under the heading “34-Hour Restart”, CFR Section 395.3(d) dictates that, “Effective July 1, 2013, the hours-of-service regulations will require that the restart cover at least 34 consecutive hours and include at least two off-duty periods from 1:00 a.m. to 5:00 a.m. (home terminal time zone). Furthermore, the rules will limit the use of the “34-hour restart” to once a week (once every 168 hours). The restart cannot be used until 168 hours or more have passed since the beginning of the driver’s last restart.”

Statements in the article above directly indicate that use of the 34 Hour rule is REQUIRED. Not so—this is contradicted by the word “may” in the first citation, above.

Furthermore, according to CFR Section 395.3 (a) (2), “14-hour period. A driver may drive only during a period of 14 consecutive hours after coming on duty following 10 consecutive hours off duty. The driver may not drive after the end of the 14-consecutive-hour period without first taking 10 consecutive hours off duty.” Total on-duty time is NOT LIMITED to 14 hours, as stated in the article—- the Driver is enjoined ONLY from driving beyond the end of the 14th duty hour, or beyond the end of the 11th driving hour. On duty time my still accrue without interposition of a ten-hour rest period as long as that on-duty activity does not include driving. Period.

In exposing these inaccuracies, it may be considered that a motor carrier has much latitude in imposing stricter limitations to a driver’s activities. However, if such limitations are imposed, it serves no one to assert that such are a result of FMCSA rules as found in the CFRs. This practice would tend to 1) abnegate Driver confidence in his/her knowledge of the CFRs, and, 2) undermine the motor carrier’s overall credibility among its Driving team.

Comments

Paul, July 1, 2013

I agree with the last comment more than with article itself. The article says: the driver required to have a restart after 168 hours, and the new HOS states: driver can not restart before 168 have passed since the beginning of the last restart. Ones the driver passes 168 hours, at that point driver may have been working for only 5 days, and he still can drive for the remaining hours of the working week.

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