Revised Hours Of Service Training For Drivers

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TheNEW2005

TheNEW2005R E V I S E D

HOURS-OF-SERVICER E G U L A T I O N S

R E V I S E D

HOURS-OF-SERVICER E G U L A T I O N S

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This presentation is based on the Hours of Service information available

October 1, 2005.

Any changes or clarifications issued by FMCSA since that date

have not been included.

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New 2005 Regulations

• Released August 2005

• Effective Date 10/01/05

• FAQ’s available on website– http://www.fmcsa.dot.gov/

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Why the Changes?• Suit filed against 2003

HOS rules in U.S. Court of Appeals District of Columbia Circuit.

• U.S. Court of Appeals agreed with the plaintiffs

• FMCSA was charged with changing rules to reflect the scientific research

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Why Changes?(cont.)

• Congress allowed FMCSA to keep the 2003 HOS rules in effect through September 2005

• Congress directed that as of October 1, 2005 the 2003 HOS rules would be vacated

• FMCSA responded to the petition from ATA requesting one sleeper berth period be excluded from the calculation of the 14 hour rule

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The New 2005 Hours of Service apply to Property-

Carrying CMVs

CMV drivers using the sleeper berth provision must take at least 8 consecutive hours in the sleeper berth, plus 2 consecutive hours either in the sleeper berth, off duty, or any combination of the two.

Commercial motor vehicle (CMV) drivers using a sleeper berth must take 10 hours off duty, but may split sleeper-berth time into twoperiods provided neither is less than 2 hours.

No ChangeMay not drive after 60/70 hours on duty in 7/8 consecutive days.► A driver may restart a 7/8 consecutive day period after taking 34 or more consecutive hours off duty.

No ChangeMay not drive beyond the 14th hour after coming on duty, following 10 consecutive hours off duty.

No ChangeMay drive a maximum of 11 hours after10 consecutive hours off duty.

HOURS-OF-SERVICE RULESHOURS-OF-SERVICE RULES

2005 RuleProperty-Carrying CMV DriversCompliance On & After 10/01/05

2003 RuleProperty-Carrying CMV DriversCompliance Through 09/30/05

Short-Haul Provision for non-CDL vehicles within a 150 air mile radius added.Allows two 16 hr days in a 7 day period, no logbook required

provided motor carrier maintains time records.

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11 Hour Rule395.3(a)(1)

• A Driver may not drive a property-carrying commercial motor vehicle more than 11 cumulative hours following 10 consecutive hours off duty.

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11 Hour Rule

10 Hrs11 Hrs

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• A driver may not drive for any period after the end of the 14th hour after coming on duty following 10 consecutive hours off duty, except when a property-carrying driver complies with the provisions of §395.1(o) or §395.1(e)(2).

– §395.1(o) is the “16 hour exception” and – §395.1(e)(2) is the “Short haul 150 mile non-CDL

exception”

14 Hour Rule395.3(a)(2)

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14 Hour Rule

• This means, once the driver begins an on-duty period of any kind, the 14 hr. clock starts.

Example:If a driver starts an on-duty status at 06:00 AM,The driver will have to stop driving at 08:00 PM.

(14 hours later)

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14 Hour Rule

Full 10 hours off prior to 6 am

14th Hour14 HourRule Begins

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14 Hour Rule

• Working Beyond the 14th Hour

– Unloading, fueling, repairs, etc. are allowed after the 14th hour.

– However, this time still applies to the maximum for the 60/70 hrs on-duty over 7/8 consecutive days.

– The Driver must have a 10-hr. break before resuming driving.

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Four 10 Hour Rest Options

The Equivalent of at least 10 consecutive hours off dutyEquivalent means:1) at least 8 but less than 10 consecutive hours in a sleeper berth and;2) a separate period of at least 2 but less than 10 consecutive hours in the sleeper berth or off duty, or any combination of both

Sleeper Berth Provision395.1(g)(1)(i)(A)(4)and 395.1(g)(1)(ii)

Option 4

At least 10 hours sleeper berth and off duty; continuous and uninterrupted

Continuous Sleeper Berth and Off Duty395.1(g)(1)(i)(A)(3)

Option 3

At least 10 consecutive and uninterrupted hours in the sleeper berth

Continuous Sleeper Berth395.1(g)(1)(i)(A)(2)

Option 2

At least 10 consecutive and uninterrupted hours off duty

Off Duty Time395.1(g)(1)(i)(A)(1)

Option 1

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10 Hr Rest Period Options10 Hr Rest Period Options10 consecutive

and uninterruptedhours off-duty

Option 1

10 consecutiveand uninterrupted

hours in the sleeper-berthOption 2

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10 Hr Rest Period Options10 Hr Rest Period Options10 consecutive hours

sleeper- berth and off-duty timecombined and uninterrupted

Option 3

Must beat least 8 hrsSleeper Berth

Sleeper-Berth Provisionequivalent of at least 10

consecutive hours off dutyOption 4

2 or more hrsOff duty, Sleeper or

Combination

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Applying the 11 Hour Rule

• Applying the 11 hour rule is a 3 step process:

1. Determine the last 10 hour rest period

2. Count DRIVING time from that period forward

3. Violations begin with any driving after the 11th accumulated driving hour following the equivalent of at least 10 consecutive hours off duty.

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Applying the 11 Hour Rule

• Determine the last 10 hour rest period– 10 consecutive hours OFF DUTY - start

at the end of the rest period

Start Counting Your Driving

Time from Here

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Applying the 11 Hour Rule

• Determine the last 10 hour rest period– 10 consecutive hours in SLEEPER-

BERTH - start at the end of the sleeper berth rest period

Start Counting Your Driving

Time from Here

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Applying the 11 Hour Rule

• Determine the last 10 hour rest period– 10 consecutive hours OFF DUTY

and SLEEPER-BERTH combined - start at the end of the rest period

Start Counting Your Driving

Time from Here

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Applying the 11 Hour Rule

• Determine the last 10 hour rest period– 10 hour equivalent SLEEPER-

BERTH PROVISION - start at the end of the first of the 2 rest periods.

Must beat least 8 hrsSleeper Berth

2 or more hrsOff duty, Sleeper or

Combination

Start Counting Your Driving

Time from Here

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Checking the11 Hour Rule

Check 11 Hour Rule

Day 1

Day 2

Check 11 Hour Rule

Day 1

Day 2

10 HrsOff Duty

Start Counting DrivingTime From Here

Check 11 Hour Rule

Day 1

Day 2

10 HrsOff Duty

Start Counting DrivingTime From Here

9 HrsDriving

2 HrsDriving

11th Drivin

g Hour

Check 11 Hour Rule

Day 1

Day 2

8 HrsSleeper Berth

2 HrsOff Duty

8 hrs Sleeper berth + 2 hrs Off Duty = 10 Hour Rest Period

Check 11 Hour Rule

Day 1

Day 2

Start Counting DrivingTime From Here

Sleeper Berth Provision - start counting from the end of the first of the 2 rest periods.

Check 11 Hour Rule

Day 1

Day 2

Start Counting DrivingTime From Here

2 HrsDriving

8 HrsDriving

Check 11 Hour Rule

Day 1

Day 2

2 HrsOff Duty

8 HrsSleeper Berth

2 hrs Off Duty + + 8 hrs Sleeper berth = 10 Hour Rest Period

Day 1

Day 2

Start Counting DrivingTime From Here

Check 11 Hour Rule

Sleeper Berth Provision - start counting from the end of the first of the 2 rest periods.

Day 1

Day 2

Start Counting DrivingTime From Here

8 HrsDriving

Check 11 Hour Rule

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Applying the 14 Hour Rule

• Applying the 14 hour rule is a 3 step process:

1. Determine the last 10 hour rest period.

2. Count all On Duty Time, Driving Time, all Off Duty Time and all Sleeper Berth periods of less than 8 hours from that period forward.

3. Violations begin with any driving after the end of the 14th hour after coming on duty following the equivalent of at least 10 consecutive hours off duty.

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Applying the 14 Hour Rule

• Determine the last 10 hour rest period– 10 consecutive hours OFF DUTY -

start at the end of the rest period

Start Counting Your 14 Hours

from Here

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Applying the 14 Hour Rule

• Determine the last 10 hour rest period– 10 consecutive hours in SLEEPER-

BERTH - start at the end of the sleeper berth rest period

Start Counting Your 14 Hours

from Here

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Applying the 14 Hour Rule

• Determine the last 10 hour rest period– 10 consecutive hours OFF DUTY

and SLEEPER-BERTH combined - start at the end of the rest period

Start Counting Your 14 Hours

from Here

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Applying the 14 Hour Rule

• Determine the last 10 hour rest period– 10 hour equivalent SLEEPER-BERTH

PROVISION - start at the end of the first of the 2 rest periods.

Must beat least 8 hrsSleeper Berth

2 or more hrsOff duty, Sleeper or

Combination

Start Counting Your 14 Hours

from Here

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Checking the14 Hour Rule

Day 1

Day 2

Check 14 Hour Rule

Day 1

Day 2

10 HrsOff Duty

Start Counting 14 Hour Rule From Here

Check 14 Hour Rule

Check 14 Hour Rule

Day 1

Day 2

10 HrsOff Duty

Start Counting 14 Hour Rule From Here

9 hrs toward the 14 hr rule

Check 14 Hour Rule

DO NOT include Sleeper Berth Periods of 8 or more Hours in your 14 hour total

Day 1

Day 2

10 HrsOff Duty

Start Counting 14 Hour Rule From Here

8 HrsSleeper Berth

9 hrs toward the 14 hr rule

Day 1

Day 2

Start Counting 14 Hour Rule From Here

9 hrs toward the 14 hr rule

8 HrsSleeper Berth

2 more hrs toward the 14

hr rule

Check 14 Hour Rule

DO NOT include Sleeper Berth Periods of 8 or more Hours in your 14 hour total

Check 14 Hour Rule

Day 1

Day 2

8 HrsSleeper Berth

2 HrsOff Duty

8 hrs Sleeper berth + 2 hrs Off Duty = 10 Hour Rest Period

Day 1

Day 2

Start Counting 14 Hour Rule From Here

Check 14 Hour Rule

Sleeper Berth Provision - start counting from the end of the first of the 2 rest periods.

Check 14 Hour Rule

Day 1

Day 2

Start Counting 14 Hour Rule From Here

13 hrs toward the 14 hr rule

14 HR Rule - Count all On Duty Time, Driving Time, all Off Duty Time and all Sleeper Berth periods of less than 8 hours from that period

forward.

Check 14 Hour Rule

Day 1

Day 2

2 HrsOff Duty

8 HrsSleeper Berth

2 hrs Off Duty + + 8 hrs Sleeper berth = 10 Hour Rest Period

Day 1

Day 2

Start Counting 14 Hour Rule From Here

Check 14 Hour Rule

Sleeper Berth Provision - start counting from the end of the first of the 2 rest periods.

Check 14 Hour Rule

Day 1

Day 2

Start Counting 14 Hour Rule From Here

9 hrs toward the 14 hr rule

14 HR Rule - Count all On Duty Time, Driving Time, all Off Duty Time and all Sleeper Berth periods of less than 8 hours from that period

forward.

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34 Hour Restart

395.3(c)(1) and395.(c)(2)

Truck drivers may restart any 7/8 consecutive day period after

taking 34 or more consecutive hours off-duty.

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34 Hour Restart(60/70 Hr. Rule)

•34 hrs = 10 hrs + 24 hrs

• This restart option is not mandatory and does not have to be taken at a scheduled time. This is simply a way to restart either the 60 or 70 hour clock.

• The 34 hrs. must be consecutive and may not be broken by any on-duty or driving activities.

(full break) + (1 day )

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34 Hour Restart10/05/05

10/06/05

10/07/05

7 Hrs

24 Hrs

3 Hrs

34 Hours60 / 70 Hour Rule

Restarts

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Drivers may extend the 14-hour on-duty period by 2 additional hours IF THEY:

1. Are released from duty at the normal work reporting location for the previous 5 duty tours; AND

2. Return to their normal work reporting location and are released from duty within 16 hours; AND

3. Have not used this exception in the previous 6 days, except following a 34-hour restart of a 7/8-day period.

16-Hour Exception for Property-Carrying Drivers

Total hours driving may not exceed 11 hours.

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Short - haul Operations

100 air-mile radius driver395.1(e)(1)

• Exempt from keeping a logbook if they meet the following 5 requirements found in the regulation:

– Remains within 100 air miles (115.08 statute miles) of their work reporting location.

– Returns to the work reporting location within 12 consecutive hours of going on duty

– Released within 12 hours, the driver must be afforded 10 consecutive hours off duty

– May not drive more than 11 hours during the 12 hour period

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100 air-mile radius driver395.1(e)(1) (cont.)

– The motor carrier that employs the driver maintains and retains, accurate and true time records that indicate:

1. The time the driver begins to work;

2. The total number of hours the driver works;

3. The time the driver is released from work;

4. And the preceding 7 days of work activities (time records) for drivers used the first time or intermittently

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Short - haul Operations

Non CDL, 150 air mile radius395.1(e)(2)

• Drivers of Non-CDL vehicles are exempt from keeping a log if they meet the following requirements found in the regulation:

– Operates within 150 air mile radius (172.6 statute miles) of where driver reports to and is released from work (normal work reporting location).

– Returns to normal work location and is released at the end of each duty tour (14 or 16 hrs).

– Has at least 10 consecutive hours off separating each on-duty period.

– May not drive more than 11 hours following 10 hours off duty.

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Non CDL, 150 air mile radius395.1(e)(2) (cont.)

– The driver does not drive;• (A) After the 14th hour after coming on duty on

5 days of any period of 7 consecutive days; and

• (B) After the 16th hour on 2 days of any period of 7 consecutive days

– The motor carrier maintains and retains for 6 months true and accurate time records• (The same as those required for the 100 air

mile radius driver)

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These New Hours Of Service Do not apply to

Interstate Passenger Carriers.

They will continue to comply with the 10 Hr., 15 Hr., and 60/70 Hr.

rules specified in 49 CFR 395.5

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Thank You!

Please refer toFMCSA’s website

“http://www.fmcsa.dot.gov”for the most current

information regarding the Hours of Service.