The Federal Motor Carrier Safety Administration has granted an emergency declaration that allows some regulatory relief for motor carriers transporting infant formula or the ingredients needed to make it.
New HOS Rules
Starting September 29th 12:00 the are going to be in play.
The rules will take effect at the same time without taking into consideration what time zone you are in - in other words they won't go into effect earlier for in other timezones. For example, a on the West Coast will start to operate under the new rules at 9 p.m. Sept 28
The new HOS are as follow:
- Short-Haul Exemption - Extends the maximum duty period allowed under the short-haul exception to 14 hours and to 150 air miles.
- Adverse Conditions - Allows a to extend the maximum "' by up to 2 hours during adverse conditions.
- - Required a 30-minute break after 8 hours of time (instead of on-duty time) and allows on-duty / not periods to qualify as breaks.
- Split-Sleeper Berth - Modifies the sleeper -berth exception to allow drivers to split their off duty into two periods: an 8/2 split, and a 7/3 split-with neither period counting against the 's 14-hour .
You can read the HOS Fact Sheets issued by here.
But what kind of impact will those changes have:
The Short-Haul Exemption change will improve safety and flexibility by increasing the number of drivers able to take advantage of the short-haul exception.
The change will Improve the safety and flexibility by allowing drivers time to park and wait out the adverse condition or to drive slowly through it - which has the potential to decrease crash risk.
The will improve the safety and flexibility for drivers by increasing on-duty / non- time by up to 30minutes - allowing drivers to reach their destination easier.
Split-Sleeper Berth will improve the safety and flexibility for drivers by potentially increasing the use of because drivers using a berth have additional hours to complete 11 hours of .
One of the proposed rules that did not make the final cut in the new HOS was - the drivers were allowed an off-duty break for at least 30 minutes, but no more than three hours, that would pause a 's 14-hours on-duty windows, provided the takes off-duty at the end of the work shift. However, recently proposed a pilot program to study the effects of allowing drivers to pause their on-duty period with one off-duty period up to three hours that hopefully will be included in the next HOS rules update.
Who Is Required to Follow HOS Rules
The says that () drivers must follow the HOS rules. The agency lists a as a vehicle that is used as part of a business and in interstate commerce. It also includes any asset that fits the following criteria:
- Weighs more than 10,001 pounds.
- Has a gross vehicle weight rating or gross combination weight rating of 10,001 pounds or more.
- Is designed or used to transport 16 or more passengers (including the commercial ) not for compensation.
- Is designed or used to transport nine or more passengers (including the commercial ) for compensation.
- Is transporting hazardous materials in a quantity requiring placards.
The provides HOS resources for drivers and fleets on its website, including webinars, FAQs, and fact sheets.
If you are interested to become a driver with Logiflex, please fill in this form.
Four major updates are coming to the hours-of-service rules for commercial drivers across the country. The changes, enforced by the FMCSA, will take effect on September 29.
Towards the end of this month, at 12:01 a.m. EDT on Tuesday, September 29, 2020, the new hours-of-service rules go into effect for commercial drivers across the country. The revised rules allow more flexibility for drivers and keep the focus on highway safety, according to the Acting Associate Administrator for Enforcement at the FMCSA.
Here are the four final FMCSA updates to the HOS rules:
- The short-haul exception is increased from 100 to 150 air-miles and the permitted works shift is extended from 12 to 14 hours
- The adverse driving conditions exception is modified by extending the maximum window during which driving is permitted by up to two more hours.
- A 30-minute break is required after 8 hours of consecutive driving time and an on-duty/ not driving period is allowed to qualify as the required break
- The sleeper berth exception is modified to allow a driver to meet the 10-hour minimum off-duty requirement by spending at least 7, rather than at least 8 hours of that period in the berth and a minimum off-duty period of at least 2 hours spent inside or outside of the berth, provided the two periods total at least 10 hours, and that neither qualifying period counts against the 14-hour driving window.
The Federal Motor Carrier Safety Administration released new guidance earlier this month
regarding the use of Personal Conveyance time associated with hours of service regulations. The introduction of PC time back in May afforded drivers the much-needed flexibility to perform their duties. We covered the use of personal conveyance in a previous blog post, but after the recent clarification issued by the FMCSA, we feel it is important to revisit the subject.
The updated hours of service interpretation released on the FMCSA website now states that
Drivers can log Personal Conveyance even when under a load as long as the driver is off work.
The exact text, which can be found here, is as follows:
Personal conveyance is the movement of a commercial motor vehicle (CMV) for personal use while off-duty. A driver may record personal conveyance as off-duty only when the driver is relieved from work. The CMV may be used for personal conveyance even if it is laden since the load is not being transported for the commercial benefit of the motor carrier.
To help avoid confusion, the FMCSA offers a number of examples as follows:
Proper use of PC time
- Time spent traveling from a driver’s en route lodgings such as a motel or truck stop.
- Commuting between the driver’s terminal and his or her residence, between trailer-drop lots and the driver’s residence, and between work sites and his or her residence. In these scenarios, the commuting from work and start to work times must allow the driver enough time to obtain the required restorative rest as to ensure the driver is not fatigued.
- Time spent traveling to a nearby, reasonable, safe location to obtain required rest after loading or unloading. The time driving under personal conveyance must allow the driver adequate time to obtain the required rest in accordance with minimum off-duty periods under 49 CFR 395.3(a)(1) (property-carrying vehicles) or 395.5(a) (passenger-carrying vehicles) before returning to on-duty driving, and the resting location must be the first such location reasonably available.
- Moving a CMV at the request of a safety officer during the driver’s off-duty time
- Time spent transporting personal property while off-duty.
Not qualified for PC time
- The movement of a CMV in order to enhance the operational readiness of a motor carrier. For example, bypassing available resting locations in order to get closer to the next loading.
- Continuation of a CMV trip in interstate commerce for a business purpose, including bobtailing or operating with an empty trailer in order to retrieve another load.
- Time spent transporting a CMV to a facility to have vehicle maintenance performed.
- After being placed out of service for exceeding the maximum periods permitted under part 395, time spent driving to a location to obtain the required rest, unless so directed by an enforcement officer at the scene.
- Time spent traveling to a motor carrier’s terminal after loading or unloading from a shipper or a receiver.
Most of these examples are common sense but some have been issues of heated debate between logistics professionals. Pay special attention to item number 3 above. It is a common misconception, especially among owner-operators, that taking their equipment in for service or repairs affords them the ability to log this time as off duty. This is not the case. According to hours of service regulations, a driver should log the transit time to a repair facility as on duty.
AOBRD vs. ELD: What's the Difference?
An automatic on-boarding recording device is a piece of hardware that connects to the vehicle's engine to record driver's hours-of-service (HOS). It functions like an electronic logging device (ELD) except it records and displays less data. Similar to AOBRD, an ELD is a piece of hardware that connects to the vehicle's ECM to accurately record the driver's HOS.
However, AOBRD vs. ELD differs regarding how much data they record and how much you can edit. Read more
The ELD mandate has been a controversial subject among truckers, shippers, and manufacturers alike. Many drivers have complained that it places unfair restrictions on them and results in lost revenue. Shippers and manufacturers have fought against the mandate because it increases their transport time, forcing them to put more work into supply chain planning. These are all valid concerns, but many people believe that the ELD mandate is a blessing in disguise. Bringing in higher levels of safety and fairness into the industry, and making it more profitable for everyone involved. Lets take a look at some of the benefits.
Reduced Abuse of Paper Logs
Paper logs have been abused in the industry for many years. It allows the driver to work far beyond his legal limits by making a few simple tweaks in the logbook.
Before the ELD mandate was put into place, it was common practice for many shippers to expect team service out of solo drivers. They wouldn’t explicitly tell drivers to manipulate their logs, but the implication was clear that the carrier would only win the shipment if they were willing to run illegally. Despite how many honorable carriers would reject the load due to being unable to meet the requirements, shippers knew that there was always going to be a driver that would accept the task.
This was harmful to the industry for several reasons. First, it set a precedent for these abusive shippers that they could get away with promoting illegal runs while not suffering the consequences. The driver would be the only one held responsible. This then made expectations across the industry unrealistic, and even worse, extremely unsafe. A single driver running cross-country in two days with little to no sleep is a hazard to anyone in his path.
Drivers that were taking these kinds of shipments were doing a disservice to the honest, hard-working drivers across the country. They were undercutting reliable companies to make a quick buck. Thanks to the ELD mandate, shippers have more realistic expectations and can’t as easily skirt the law by hiring drivers who will run illegally.
Increased Safety & Health
Safety should always be first. While there is room for debate over how many hours a driver can work before he should be required to shut down, it is commonly accepted that there needs to be some regulation on continuous hours driven. The ELD mandate helps to make the roads safer for the drivers and everyone else in their vicinity.
It isn’t fair for shippers to hold drivers to more demanding standards than warehouse workers, factory hands, or office employees. A long day of driving can be stressful and exhausting, taking a significant toll on the driver’s body. In the past, drivers were often told by dispatchers to keep moving past their legal hours to meet a deadline. This was not only illegal but extremely dangerous. Driving while sick or tired is a hazard that puts everyone’s well-being on the line.
If a driver continues to burn himself out by driving too many hours, he is putting his overall health at risk as well. Every person needs to get the right amount of sleep to function healthily regularly. Running overtime and neglecting rest periods has been proven to be detrimental to your health. It is essential for a driver to pay attention to these. By shutting down for the required hours, a driver is helping both himself and his company by staying healthy. The ELD mandate helps with this and may even curb the illegal use of amphetamines that many drivers abused to stay awake.
Higher Pay
One of the most common complaints about the ELD mandate is that it hinders the driver’s ability to make money. Many drivers claim that because they can’t drive as far in a short amount of time, they are missing out on the loads that provide them with the money they need to survive. They used to be able to knock out two or three loads in the time it took to haul one.
The ELD mandate offers plenty of opportunities to make more money while working fewer hours. Capacity has tightened, and shippers have been forced to pay more, with some lanes almost doubling in price over the past year. However, it may still take some time to get used to the new structure.
Many carriers have increased their rate per mile pay because of this, but that isn’t necessarily the only way to guarantee more money. Owner-operators can work on a percentage basis, which often turns out to be more lucrative than mileage pay. If a driver is working for a carrier that refuses to increase his wage, there are plenty of other companies out there that are rewarding their drivers. The country is experiencing a shortage of drivers due to the increase in manufacturing.
By taking advantage of a thriving market, drivers can use the ELD mandate to become more profitable while driving fewer miles. Not only will their wallets benefit, but they will become healthier and more well-rested. While there have undoubtedly been some growing pains in adjusting to the mandate, opportunities abound throughout the industry thanks to many of its positive attributes.
Commercial drivers often times refer to DOT hours of service regulations as their 3 clocks. The eleven, fourteen and seventeen hour “clocks” have to do with with the amount of driving and on duty hours allowed daily and over the course of a week.
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