Strategies, Challenges, and Answers

FMCSA’s Changes To The Hours Of Service Regulations Effective Februrary 27, 2012

If by some chance you have not heard the deafening buzz surrounding the Federal Motor Carrier Authority’s Hours of Service revisions, let us provide you with the Reader’s Digest version.

On December 27,2011, the Federal Motor Carrier Safety Administration published the Final Rule regarding revisions to Title 49 CFR Part 395, commonly referred to as the HOS requirements for commercial truck drivers.  You can find the Final Rule HERE as published in the Federal Registrar.

FMCSA New Hours of Service Rules, Nevada Trucking Association, Nevada Trucking Lawyers, Mills & Associates, Nevada Trial Lawyer, Nevada Court System, Nevada Motor Transport Association, Nevada Appellate Lawyer 702-240-6060The Final Rule retains the 11-hour daily driving limit, but incorporates five substantive changes such limiting a driver’s maximum weekly hours to 70 whereas the old rule permitted the driver to work up to an average 82 hours in a given seven day period.

The effective date of the Final Rule is February 27, 2012, although the compliance date for selected provisions is not until July 1, 2013. 

For your convenience, we have summarized the FMCSA’s five substantive changes to the HOS regulations as follows:

ON-DUTY TIME

Former Rule: Included all time spent in CMV except when in sleeper-berth

Final Rule:                  Does NOT include resting time or up to two hours in the passenger seat immediately before or after 8 consecutive hours in sleeper-berth in a non-moving CMV (provision also applies to passenger-carrying commercial drivers)

Effective Date:           February 27, 2012

 PENALTIES

 

Former Rule:              Did not specifically define “egregious” with respect to HOS violations

Final Rule:                  Egregious Violations:  Driving or allowing another to drive more than three hours beyond the permissible maximum drive time.  Civil Penalties:  Motor carriers are subject to a fine of up to $11,000 per offense while drivers are subject to fines of up to $2,750 per o offense.

Effective Date:           February 27, 2012

34-HOUR RESTARTS

Former Rule:              None.

Final Rule:                  Driver must have (1) two periods between 1 a.m. and 5 a.m. home terminal time and (2) May only be used one time per week

Effective Date:           July 1, 2013

 REST BREAKS

Former Rule:              None except as limited by other regulations.

Final Rule:                  Driver may only operate CMV where 8 hours or less have passed since end of driver’s last off-duty period of at least 30 minutes. [HM 397.5 mandatory “in attendance” time may be included in break if no other duties performed]

Effective Date:           July 1, 2013

OILFIELD WAIT TIME EXEMPTION

Former Rule:              Waiting Time (defined as off-duty time not to extend 14-hour duty period) had to be recorded but the rules did not specify how the driver was to record this time

Final Rule:                  Waiting Time must be recorded in logbook (or electronic equivalent) as off-duty and described in the “Remarks” section or in a separate line added to grid.  Follow this link for Sample Logbook Entries provided by the FMCSA.

Effective Date:           February 27, 2012

For additional information on the Final Rule, please click HERE to visit the FMCSA’s Summary of the Hours-of-Service Regulations page. 

Mills & Associates Nevada Trucking Lawyers 702-240-6060

Share