Who is affected by the new hours-of-service rules?
- Are engaged in interstate commerce and have to comply with the FMCSA’s (federal) safety regulations in 49 CFR Part 395; or
- Are engaged in intrastate commerce — conducted entirely within a single state — and that state has adopted and enforces the new federal HOS regulations
What are the compliance dates for the new hours-of-service rule?
Early compliance with 2013 rules
Where can I find the new provisions?
- 49 CFR Sec. 395.2, under the definition of "on duty time"; and
- 49 CFR Sec. 395.3, the basic HOS limits for drivers of property-carrying vehicles.
Is there a grace period for compliance?
Will the courts delay the July 1 deadline?
How do the new ‘off-duty’ provisions work (as of 2/27/12)?
- Time spent resting in a parked vehicle (including any type of vehicle, whether truck, bus, car, etc.) can be recorded as “off duty” (unless you are in a sleeper berth, in which case it would have to be recorded as “sleeper berth”). Unless you spend 10 consecutive hours off duty (which may include sleeper-berth time), the time will count against your 14-hour allowance; it will not “stop the clock." To record such time as “off duty,” the driver must be free of responsibility and obligations to the employer, vehicle, and cargo during the break and must be free to walk away from the vehicle if he/she so chooses. If the company requires the driver to stay in the vehicle or perform work during the break, it must be recorded as “on duty” even if the driver is sitting in a parked vehicle.
- If you spend up to 2 hours riding in a passenger seat on a moving property-carrying CMV immediately before or after an 8-hour sleeper-berth period, then that time can be recorded as “off duty” AND be excluded from the 14-hour calculation. This should benefit team drivers who no longer have to spend a full 10 hours in the sleeper berth; they can spend 8 hours in the bunk and another 2 hours riding in a passenger seat. Time spent in a moving passenger seat beyond 2 hours must be recorded as “on duty” unless the vehicle is parked and the driver is off duty.