New HOS Rules are out

TeamCaffee

Administrator
Staff member
Owner/Operator
Here are part of the rules.... Going to have to rethink how we do a few things:



FMCSA 37-11
Thursday, December 22, 2011
Contact: Candice T. Burns
Tel: 202-366-9999

U.S. Department of Transportation Takes Action to Ensure Truck Driver Rest Time and Improve Safety Behind the Wheel

WASHINGTON – U.S. Transportation Secretary Ray LaHood today announced a final rule that employs the latest research in driver fatigue to make sure truck drivers can get the rest they need to operate safely when on the road. The new rule by the U.S. Department of Transportation's Federal Motor Carrier Safety Administration (FMCSA) revises the hours-of-service (HOS) safety requirements for commercial truck drivers.



“Trucking is a difficult job, and a big rig can be deadly when a driver is tired and overworked,” said Transportation Secretary Ray LaHood. “This final rule will help prevent fatigue-related truck crashes and save lives. Truck drivers deserve a work environment that allows them to perform their jobs safely.”



As part of the HOS rulemaking process, FMCSA held six public listening sessions across the country and encouraged safety advocates, drivers, truck company owners, law enforcement and the public to share their input on HOS requirements. The listening sessions were live webcast on the FMCSA Web site, allowing a broad cross-section of individuals to participate in the development of this safety-critical rule.



“This final rule is the culmination of the most extensive and transparent public outreach effort in our agency’s history,” said FMCSA Administrator Anne S. Ferro. “With robust input from all areas of the trucking community, coupled with the latest scientific research, we carefully crafted a rule acknowledging that when truckers are rested, alert and focused on safety, it makes our roadways safer.”



FMCSA’s new HOS final rule reduces by 12 hours the maximum number of hours a truck driver can work within a week. Under the old rule, truck drivers could work on average up to 82 hours within a seven-day period. The new HOS final rule limits a driver’s work week to 70 hours.



In addition, truck drivers cannot drive after working eight hours without first taking a break of at least 30 minutes. Drivers can take the 30-minute break whenever they need rest during the eight-hour window.



The final rule retains the current 11-hour daily driving limit. FMCSA will continue to conduct data analysis and research to further examine any risks associated with the 11 hours of driving time.



The rule requires truck drivers who maximize their weekly work hours to take at least two nights’ rest when their 24-hour body clock demands sleep the most – from 1:00 a.m. to 5:00 a.m. This rest requirement is part of the rule’s “34-hour restart” provision that allows drivers to restart the clock on their work week by taking at least 34 consecutive hours off-duty. The final rule allows drivers to use the restart provision only once during a seven-day period

Companies and drivers that commit egregious violations of the rule could face the maximum penalties for each offense. Trucking companies that allow drivers to exceed the 11-hour driving limit by 3 or more hours could be fined $11,000 per offense, and the drivers themselves could face civil penalties of up to $2,750 for each offense.

Commercial truck drivers and companies must comply with the HOS final rule by July 1, 2013. The rule is being sent to the Federal Register today and is currently available on FMCSA's Web site at Hours-of-Service (HOS) Final Rule (December 2011) - Federal Motor Carrier Safety Administration.
 

cheri1122

Veteran Expediter
Driver
Here are part of the rules.... Going to have to rethink how we do a few things:



FMCSA 37-11
Thursday, December 22, 2011
Contact: Candice T. Burns
Tel: 202-366-9999

U.S. Department of Transportation Takes Action to Ensure Truck Driver Rest Time and Improve Safety Behind the Wheel

WASHINGTON – U.S. Transportation Secretary Ray LaHood today announced a final rule that employs the latest research in driver fatigue to make sure truck drivers can get the rest they need to operate safely when on the road. The new rule by the U.S. Department of Transportation's Federal Motor Carrier Safety Administration (FMCSA) revises the hours-of-service (HOS) safety requirements for commercial truck drivers.



“Trucking is a difficult job, and a big rig can be deadly when a driver is tired and overworked,” said Transportation Secretary Ray LaHood. “This final rule will help prevent fatigue-related truck crashes and save lives. Truck drivers deserve a work environment that allows them to perform their jobs safely.”



As part of the HOS rulemaking process, FMCSA held six public listening sessions across the country and encouraged safety advocates, drivers, truck company owners, law enforcement and the public to share their input on HOS requirements. The listening sessions were live webcast on the FMCSA Web site, allowing a broad cross-section of individuals to participate in the development of this safety-critical rule.



“This final rule is the culmination of the most extensive and transparent public outreach effort in our agency’s history,” said FMCSA Administrator Anne S. Ferro. “With robust input from all areas of the trucking community, coupled with the latest scientific research, we carefully crafted a rule acknowledging that when truckers are rested, alert and focused on safety, it makes our roadways safer.”



FMCSA’s new HOS final rule reduces by 12 hours the maximum number of hours a truck driver can work within a week. Under the old rule, truck drivers could work on average up to 82 hours within a seven-day period. The new HOS final rule limits a driver’s work week to 70 hours.



In addition, truck drivers cannot drive after working eight hours without first taking a break of at least 30 minutes. Drivers can take the 30-minute break whenever they need rest during the eight-hour window.

30 minutes is a joke - except it isn't remotely funny, as it is part of the 3 hrs we have for 'on duty, not driving', which leaves less time to wait at the dock. and NO ONE is doing anything to reduce detention at the docks. [Or schedule to avoid rush hour in major cities, either.]
We need the split sleeper returned to where it was before, when a break of 2 hrs stopped the 14 hr clock.
I almost never drove in major city rush hour when I could use the split sleeper: I parked, enjoyed a proper dinner and often a nap, and returned to driving feeling relaxed and ready to deal with it.
Now I have no choice - I have to be part of the crazy high stress stop & go that wastes fuel and sends my blood pressure skyward, and DOT and FMCSA really think that's safer?
Those people are just looney tunes! :mad:



The final rule retains the current 11-hour daily driving limit. FMCSA will continue to conduct data analysis and research to further examine any risks associated with the 11 hours of driving time.



The rule requires truck drivers who maximize their weekly work hours to take at least two nights’ rest when their 24-hour body clock demands sleep the most – from 1:00 a.m. to 5:00 a.m. This rest requirement is part of the rule’s “34-hour restart” provision that allows drivers to restart the clock on their work week by taking at least 34 consecutive hours off-duty. The final rule allows drivers to use the restart provision only once during a seven-day period

Companies and drivers that commit egregious violations of the rule could face the maximum penalties for each offense. Trucking companies that allow drivers to exceed the 11-hour driving limit by 3 or more hours could be fined $11,000 per offense, and the drivers themselves could face civil penalties of up to $2,750 for each offense.

Commercial truck drivers and companies must comply with the HOS final rule by July 1, 2013. The rule is being sent to the Federal Register today and is currently available on FMCSA's Web site at Hours-of-Service (HOS) Final Rule (December 2011) - Federal Motor Carrier Safety Administration.
 

greg334

Veteran Expediter
Cheri,
I have to disagree. The 30 minutes isn't a deal breaker and the companies need to deal with it if they want to stay legal. It doesn't look as bad as it many make it out as, the only real issue seems to be this night time crap for those who drive and have their sleep setup for night work.

The real issue is that there were a lot of comments made and most were ignored. out of the comment summary, over 8000 disagreed with the proposed rules and that didn't seem to impacted the decision much if at all while the DOT said this was "the most extensive and transparent public outreach effort in our agency’s history,”
 

zorry

Veteran Expediter
Doesn't look like a biggie to us. We are almost always to our pick up 30 minutes early. So we'll take the break there. The day driver is always sleeping during those night time required hours. Looks like the night driver can only work five nights a week, which is fortunate because I still like to sleep with my co-driver.
 

davekc

Senior Moderator
Staff member
Fleet Owner
Could be worse, although I agree it should have contained the split sleeper berth. 34 hr reset will take adjustments at times but that is about it. The 30 minute break isn't really factor.
 

cheri1122

Veteran Expediter
Driver
Cheri I see a cargo van in your future... :p

Been there, done that, won't go back [unless ConWay Now reincarnates....]
30 minutes is just long enough to complicate the bookkeeping, for no apparent reason.
As was mentioned, all the comments received, most of which request the split sleeper be reinstated, and the idiots ignore us completely.
I drove t/t before the HOS were changed, and it was far safer then than now, because I could stop when I needed a break - 30 minutes isn't enough to avoid rush hour, and it's just another needless regulation that makes it look like DOT & FMCSA are doing something helpful, when the opposite is true.
 

Jefferson3000

Expert Expediter
If ya don't like it, it's time to call your Congressman, and OOIDA know that this isn't funny. It's no surprise that this went down so close to Christmas, and when everyone else in Washington is concerned about a payroll tax deal.
 

angelryder

Expert Expediter
Funny how people have time to post there comments on certain post yet have'nt got time to answer other ones or return phone calls,that tells me alot about the person.The one I'm talking about knows who he is if he can live with it may God bless him & Merry Christmas.
 

davekc

Senior Moderator
Staff member
Fleet Owner
Funny how people have time to post there comments on certain post yet have'nt got time to answer other ones or return phone calls,that tells me alot about the person.The one I'm talking about knows who he is if he can live with it may God bless him & Merry Christmas.

Not sure who you are talking about, but "alrighty then".:confused:
 

TeamCaffee

Administrator
Staff member
Owner/Operator
The new HOS will take a little more planning and thought into our work week.

The restart could be interesting and when on long team loads the 1/2 hour break will be interesting for both team members to be off duty.

We have made it through the last changes without much trouble I am sure we will make it through these without to many problems. We have plenty of time to work out the details.
 

greg334

Veteran Expediter
I'm thinking that the companies will have to do more adjusting than the drivers. The 30 minutes off duty means little when you are in the middle of no where, in a storm or with below freezing weather and there is no place to be 'off duty' at.
 

leezaback

Seasoned Expediter
Owner/Operator
Off duty on a DOD load-that should go over big-hope somewhere there is an exemption when under those loads
 

LisaLouHoo

Expert Expediter
30 minutes is a joke - except it isn't remotely funny, as it is part of the 3 hrs we have for 'on duty, not driving', which leaves less time to wait at the dock. and NO ONE is doing anything to reduce detention at the docks. [Or schedule to avoid rush hour in major cities, either.]

Now I have no choice - I have to be part of the crazy high stress stop & go that wastes fuel and sends my blood pressure skyward, and DOT and FMCSA really think that's safer?
Those people are just looney tunes! :mad:

Dockworkers care about their clock and no one else. They won't care when the freight they load gets delivered, once they load it, no matter how long it takes them, it's out of their hands. Unless there can be a workable "load/unload" understanding between shipping/receiving and trucking, the timely and safe movement of goods in this country will be on two different planets.

If the Feds want to improve highway safety within trucking, pass a federal law that targets the average Joe Blow citizen: make tailgating and changing lanes too closely in front of a semi an expensive ticketable, high point-bearing offense. Enforce it. Don't wait for an accident THEN start writing tickets to dead people's estates. That would also be a money maker for the government (a portion of the fine to the Feds, some to the state, and the rest to the municipality the offense occurred).

30 minute break will actually = about 20 for the driver at most, by the time one gets that big old pig on wheels off into (for example) a rest area, properly parked, then in no time have to get rolling again.

It seems it is a ruling that will worsen an already inefficient industry, but once again benefit Big Oil with the increased use of fuel.



Sent from my ADR6300 using EO Forums
 

ATeam

Senior Member
Retired Expediter
I have not yet reviewed the changes in depth. As a team, Diane and I have more flexibility than solo drivers and I believe we will be able to adapt. One thing that jumps out from my first read is the requirement that the 34 hour reset must now take place over two nighttime sleeping periods.

What of the drivers who regularly work night shifts? Their bodies are dialed into daytime sleep habits. Now they either have to totally disrupt their safe sleep rhythms, or give up the advantage other drivers have in the reset. Once again, we see the shortcomings of the one-size-fits-all regulatory approach.
 

OntarioVanMan

Retired Expediter
Owner/Operator
WTG ...LaHood keeps tightening the noose....Better yet for us sprinter/cubers....as the big guys just can't get the job done...
 

wombat52

Veteran Expediter
after reading these new rules am i correct in reading these new rules is not into affect till 2013 ?
 

greg334

Veteran Expediter
The 34 hour reset changes and the 30 minute break thing starts in July of 2013, the big change for us - the sleeper berth time in the front seat starts in February of 2012.

So a lot can happen in the 18 months that this has been planned to take place - a new president may decide to scrap the 34 hour changes and the 30 minute break thing.
 
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