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FMCSA Publishes New Hours of Service Proposed Rule

  

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The long awaited, much anticipated proposed revisions to the Hours of Service (HOS) regulations are finally here.  The Notice of Proposed Rulemaking (NPRM), published on December 29, 2010, has attracted a great deal of criticism (see "Various Articles" section at bottom).  Trucking companies and drivers have expressed their discontent with the “overly complex” changes.  The advocacy and special interest groups, who pushed for the revisions in a settlement reached late in 2009, feel the proposed rule doesn’t go far enough. 

One thing is for certain:  If the proposed rules are adopted, it will alter the operations and economics of the trucking industry. 

The proposed regulations would make seven significant changes to the current HOS regulations: 

1. Hours of Driving:  The proposal remains undetermined as to the permissible time for driving.  While favoring a 10 hour driving period, the FMCSA has refrained from finality pending consideration of the comments and any additional data received
2. Driving Window:  It would limit the standard “driving window” to 14 hours, while allowing that number to be extended to 16 hours twice a week.
3. Duty Time within the “Window”:  This would limit the "on-duty" time to thirteen (13) hours within the "driving window".  While a driver has 14 hours during which he could drive, he may only be on duty for 13 of those hours.  This appears intended to promote breaks during the work day. 
4. Driving Period:     Drivers would be limited to seven (7) hours of driving after their last off-duty or sleeper-berth period of at least 30 minutes.  Together with the 13 hour "on-duty" limit, the provision appears yet another attempt to provide for mid-day breaks.
5. 34-Hour Restart:   Although retained, the restart will be subject to certain limits: the restart would have to include two periods between midnight and 6 a.m. and could be started no sooner than 168 hours (7 days) after the beginning of the previously designated restart.
6. “On Duty” Redefined:  The definition of “on duty” would be revised.   Under the proposed definition, the time spent in or on a non-moving commercial motor vehicle may be logged as "off duty."
7. Oilfield Operations:  The oilfield operations exception would be revised to clarify the language on waiting time and to state that waiting time would not be included in the calculation of the driving window.

The publication of this NPRM coincides with the timeframe established in a court settlement agreement that requires the FMCSA to publish a final HOS rule by July 26, 2011.  The “effective date” will be several months after that.   

Now is the time to voice your opinions and concerns.  The 60-day window to comment on the NPRM will remain open until February 28.  It’s critical for everyone who has a stake in the proposed rule to review and submit their comments to the FMCSA for consideration.  Click here for detailed instructions on how to submit your comments to the FMCSA. 

MORE HOS RESOURCES: 

FMCSA'S HOS Website 

Copy of Proposed Rule 

HOS - FAQs Website 

SafeDriverHours.com

Summary of primary changes

Various Articles and News Coverage on HOS NPRM

 FMCSA’s HOS proposal tinkers with restart, driving time – Commercial Carrier Journal (12/23/2010) 

Truck Drivers May Face 10-Hour Daily Limit on Road – Wall Street Journal (12/23/2010) 

U.S. Proposes Revising Limits on Hours That Truck Drivers Can Be on Road – Bloomberg (12/23/2010)  

DOT Proposes Changes in Truck Duty-Time Rules – Journal of Commerce (12/23/2010)  

Obama Administration Proposes Stricter Rules for Truck Drivers – Fox Business News (12/23/2010)

FMCSA caught in Grinch, er crunch, to get HOS out – The Trucker (12/23/2010)

SPECIAL REPORT: FMCSA unveils proposed HOS regs – Land Line (12/23/2010)

USDOT Drops Three Big Chunks of Coal Under Trucking's Christmas Tree – ATA Press Release (12/23/2010)

Trucking Hours of Service Rules; Truckers say highway safety is affected by more than just hours driving – OOIDA Press Release (12/23/2010)

FMCSA Proposes Revised HOS Rule – Transport Topics (12/23/2010)

DOT punts on Hours-of-Service rules – Fleet Owner (12/23/2010)

SPECIAL REPORT: US hours of service rules changed – Today’s Trucking (12/23/2010)

FMCSA Posts Proposed HOS Revisions – TruckingInfo.com (12/23/2010)

U.S. proposes new rest rules for truckers - KERA-TV PBS Dallas, TX (12/23/2010)  

10-Hour Driving Limit Proposed For Truckers - KWTX-TV10 Waco, TX (12/23/2010)  

Proposal: limit truck drivers to 10 hours at a time - WSYR-TV9 Syracuse, NY (12/23/2010)

10-hour driving limit possible for truckers - Lansing (Michigan) State Journal (12/24/2010)  

Truckers React to Proposed New Driving Regulations - WHSV-TV3 Harrisonburg, VA (12/24/2010)  

Long-Haul Trucker Travel Changes - WJFW-TV12 Rhinelander, WI (12/24/2010)

Agency favoring 10-hour drive day - Northwest Arkansas online (12/24/2010) 

10 hours or 11? Proposed HOS rule claims cost benefits for both – The Trucker (12/27/2010)

Trucking industry unhappy with proposed drive time rules - Fort Smith (Arkansas) City Wire (12/27/2010)

Few Satisfied with Federal Government’s latest HOS Proposal - Logistics Management (12/27/2010)  

ATA Criticizes HOS Proposal - Fleet Owner (12/27/2010)

And They Wonder Why We're Cynical - TruckingInfo.com (12/28/2010)

Truckers Slam FMCSA Driver Hours Proposal - DC Velocity (12/28/2010)  

Official Comment Period on Proposed HOS Rule Begins – The Trucker (12/29/2010)

Safety Group says New HOS Proposal Doesn't Go Far Enough, Canadians say it Could Have Been Worse - TruckingInfo.com (12/29/2010)  

Comment Period Opens on HOS Proposal – Land Line (12/29/2010) 

FMCSA publishes HOS Proposal – Commercial Carrier Journal (12/29/2010)

FMCSA Proposes Seven Changes in Hours Rule – TruckingInfo.com (12/29/2010)

HOS Proposal Seems Likely to Lead to More Litigation – TruckingInfo.com (12/30/2010) 

Eye on Trucking:  Points to Ponder on the Proposed HOS Rule - The Trucker (12/30/2010)  

Proposed New Hours of Service Rules a “Lump of Coal” in Trucking Industry’s Stocking, ATA Says – SC Digest (01/04/2011)  

Obama’s HOS Failure - Transport Topics (01/03/2011)  

ATA:  FMCSA Ignoring Real-World Data on HOS - Fleet Owner (01/13/2011)  

ATA Accuses FMCSA of Manipulating Fatigue Numbers in HOS Proposal - TruckingInfo.com (01/13/2011)  

ATA suggests FMCSA inflating fatigue-related crash numbers – Truck News (01/13/2011)

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