Hours of Service:  Comply or Else….

July 1st 2013 is the date when truck drivers and carriers must comply with new hours-of-service rules.    The final rule requires that if more than 8 consecutive hours on-duty have passed since the last off-duty or sleeper-berth period (of at least 30 minutes),  a driver must take another off-duty or sleeper berth break (of at least 30 minutes) before driving again.  It is important to note there are few exceptions to address certain hazardous materials, and emergency situations.  And also important is for shippers and consignees to know that time spent waiting to be loaded or unloaded is counted as on-duty unless the driver has been released from all responsibility for the truck. 

The hours of service (HOS) are regulations issued by the Federal Motor Carrier Safety Administration (FMCSA) governing the working hours of anyone operating a commercial motor vehicle (CMV) in the United States.  This includes truck drivers, both commercial and city bus drivers, and school bus drivers who operate CMVs for motor carriers.  These rules limit the number of daily and weekly hours spent driving and working, and regulate the minimum amount of time drivers must spend resting between driving shifts.  For intrastate commerce, the respective state's regulations apply.  The HOS's main purpose is to prevent accidents caused by driver fatigue. This is accomplished by limiting the number of driving hours per day, and the number of driving and working hours per week.

Most drivers must follow the HOS Regulations if they drive a commercial motor vehicle, or CMV.  In general, a CMV is a vehicle that is used as part of a business and is involved in interstate commerce and fits any of these descriptions:

•    Weighs 10,001 pounds or more
•    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 driver) not for compensation
•    Is designed or used to transport 9 or more passengers (including the driver) for compensation
•    A vehicle that is involved in Interstate or intrastate commerce and is transporting hazardous materials in a quantity requiring placards is also considered a CMV 

Every driver of a CMV is required to keep track of his/her time with a log book or an electronic on—board recorder.  A log book is simply a notebook with a grid pattern on every page, dividing the 24-hour day into 15-minute (1/4-hour) segments.  Drivers are required to make carbon copies of each page, so one page may be kept with the driver (to be produced upon inspection by DOT officers), and so the other copy may be sent to the driver's employer. 

Averitt Express, one of the largest US LTL providers, stated it is estimated the changes on HOS will cause a reduction in productivity and utilization up to 6%, resulting in an industry-wide loss of up to $1.4 billion.  Another estimate indicates the industry will need an estimated 75,000 additional trucks to haul existing freight.  Needless to say this will lead to increase shortage of drivers, further squeeze capacity, and increased costs.  But hopefully it will also help make the US roads safer.

The Hours of Service of Drivers Final Rule was published in the Federal Register on December 27, 2011. The effective date of the Final Rule is February 27, 2012, and the compliance date of selected provisions is July 1, 2013. 

Sources: 
https://www.fmcsa.dot.gov
http://www.truckinginfo.com
http://www.averittexpress.com

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