Hours Of Service:Are you prepared ?

Hours of Service– FMCSR Applicability:

• 49 CMR Part 395 – Hours of Service of Drivers

• Hours of Service Compliance specifically address the requirements within the Federal Motor Carrier Safety Regulations (FMCSRs) intended to prevent the operation of a Commercial Motor Vehicle while ill or fatigued.

Hours Of Service – Severity Ratings:

Vehicle Violations with the highest severity ratingsinclude –

• Jumping an out‐of‐service order (10)• 11‐hr rule violation (7)• 14‐hr rule violation (7)• 70‐hr rule violation (7)• False log (7)• Onboard recording device failure (5)• Violations resulting in an Out‐of‐Service order

are increased by 2 points

Hours Of Service –Top Violations:

Description , Severity1. Failing to complete log properly (form & manner) 22. Failing to keep your log current 53. Violating 11‐ or 14‐hr rules (property) 74. Falsifying log 75. Failing to create a log 56. Failing to carry previous 7‐day’s logs 57. Violating 60/70‐hr rule 78. Driving while ill or fatigued 109. Violating on‐board recorder rules 110. Jumping an Out‐of‐Service order 10

Summary of revisions:

• Limits the use of the 34‐hour restart provision to once

every 168 hours.• Requires that anyone using the 34‐hour

restart provision have as part of the restart two periods that include 1 a.m.to 5 a.m.

• Prohibits driving if more than 8 hours since last break of 30 or more minutes.

• This rule does not include a change to the daily driving

limit of 11 hours.• The 60‐ and 70‐hour limits are also unchanged

Why the new revisions?

• The purpose of the rule is to limit the ability of drivers to work the maximum number of hours currently allowed, on a continuing basis to reduce the possibility of driver fatigue.

• Long daily and weekly hours are associated with an increased risk of crashes and with the chronic health conditions associated with lack of sleep.

Why the new revisions?

• Recent research found that any break from driving

reduces risk in the hour following the break, but off‐duty breaks produced the largest reduction.

• This study also showed that when non‐driving activities

(both work and rest‐related) were introduced during the driver’s shift—creating a break from the driving task— these breaks significantly reduced the risk of being involved in a safety critical event during the 1‐hour window after the break.

Some Interpretation Improvements Already Made by FMCSA:

• Time spent resting in a parked vehicle may be logged as Off Duty.

• Drivers who are required to attend the vehicle at all

times are allowed to count attendance time, which is on duty, toward the break if they do no other work during that time.

Affects Of The Regulation:

• Break requirement of 30 minutes for 8 hours of consecutive On‐Duty time will affect most producers.

• Some breaks can be planned around lunch and some

loading delays.

• Off in a parked vehicle will be of benefit to some operations.

• Some producers (especially those utilizing the 12-14 hr. days) may find the need to plan for two 30‐minute breaks in a given shift due to early initial breaks!

Current Status:

• On June 17, 2013, The American Transportation Research Institute (ATRI) released the findings of its analysis of FMCSA’s cost/benefit assessment for the

34 hr restart provisions.‐

• ATRI’s analysis quantifies a delta between FMCSA’s purported industry benefit and actual industry costs resulting from the restart changes: > $322 million.

• A request to delay of the rules until three months after the court’s decision. FMCSA has denied the request.

Current Status:

• Washington, DC appeals court heard arguments against the Federal Carrier Motor Safety Administration on March 15

• The ATA submitted arguments that the HOS rules are not supported by data and should be rejected.

• The NRMCA and ATA specifically take issue with the 30‐minute mandatory break included in the HOS rule changes.

Jeff Hinkle, Chandler Concreterepresenting the interests of the NRMCA

Congressional Hearing: House Transportation and Infrastructure Committee

June 18, 2013

“The driver can take this (30 minute break) at a time of his or her choosing, and may include

rest stops, meals, and other rest periods.”

Hon. Anne S. Ferro, Administrator, FMCSA

Regarding CDL drivers averaging less than 70 hours per week:

“Drivers working more moderate schedules may approach the 11 hours of driving, or 14 hours of on duty, without the imposed 30 minute break, on a particular day they do so only occasionally. As a

result, drivers working moderate schedules are largely unaffected.”

Hon. Anne FerroAdministrator, FMCSA

Regarding a desire to reduce the number of hours worked:

“Everyone else in America works eight hours, so truck drivers should as well.”

Ms. Joan ClaybrookConsumer Co-Chair, Advocates for Highway and

Auto Safety

READY MIX CONCRETE EXEMPTION

• VERY positive feedback given to the NRMCA by the House Transportation and Infrastructure Committee

• In the event that the Federal Appeals Court denies a 3-month delay of enforcement, NRMCA filed for an Industry Exemption to the new regulations