FMCSA Releases Final Truck Driver HOS Rule
Today, the FMCSA announced a final Hours-of-Service (HOS) rule that the trucking industry has been awaiting since the proposed rule was first announced this time last year.
Although many are breathing a sigh of relief that the FMCSA decided to maintain the current 11-hour daily driving limit and the 14-hour “on-duty” limit, a mandatory 30-minute break will now be required within a truck driver’s first eight hours of being “on-duty” under the final HOS rule.
Also, the maximum number of hours a truck driver can work within a week has been reduced to 70 hours within a 7-day period. Under the old rule, truck drivers could work up to 82 hours within a seven-day period.
In addition, the FMCSA has added limitations to the “34-hour restart” provision and amended the definition of “on-duty” time by excluding any time resting in a parked CMV.
With respect to the “34-hour restart”, the final HOS rule makes two significant changes: First, a driver may use the restart provision only once every week (defined as 168 consecutive hours). Second, the restart must include 34 consecutive hours off duty with two consecutive periods of 1am to 5am.
The final HOS rule is expected to be published in the Federal Register on December 27, 2011. Commercial truck drivers and companies must comply by July 1, 2013.
Tough new penalties will be imposed for violations of the final HOS rule. Companies and drivers that commit egregious violations of the rule could face the maximum penalties for each offense. Trucking companies that allow drivers to exceed the 11-hour driving limit by 3 or more hours could be fined $11,000 per offense, and the drivers themselves could face civil penalties of up to $2,750 per offense.
The American Trucking Associations (ATA) has already prepared a one-page summary of the final HOS rule, along with a comparison chart.
The ATA has also expressed their dissatisfaction with the final rule. ATA President & CEO Bill Graves stated that the “FMCSA has chosen to eschew positive safety data” and has issued a final rule that will “have no positive impact on safety.” Referring to the changes as “unnecessary”, Graves added that the new rule could actually “increase the risk of crashes."
“If there is a positive in this rule, it is the lengthy period of time before it becomes effective,” Graves said of the 18-month delay in the rule’s compliance date. “This will give ATA time to consider legal options. And, by delaying implementation of this rule, the agency is acknowledging there is no safety crisis on our highways.”
HOS Final Rule Resources
Complete Final Rule
FMCSA’s Final HOS Rule Page
FMCSA’s Questions & Answers Page
ATA Final HOS Summary Page
ATA Final HOS Comparison Chart
Transport Topics Special HOS Report
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