Hours of Service of Drivers Revision

Published in Federal Register/Vol. 76, No. 248, pages 81134 – 81188,

December 27, 2011

Applicability

• Gross vehicle weight 10,001 lbs. or more.• GVWR or GCWR 10,001 lbs. or more.• 16 or more passengers – not for

compensation.• Designed or used to transport 9 or more

passengers for compensation.• Transporting placardable amounts of HM

Important Dates

• Effective date – February 27, 2012• Compliance date – July 1, 2013

Purpose

• “The purpose of the rule is to limit the ability of drivers to work the maximum number of hours currently allowed, or close to the maximum, on a continuing basis to reduce the possibility of driver fatigue.”

• Source: Final rule summary published in Federal Register.

Impact on Motor Carriers• Retraining all drivers.

• Retraining dispatch, compliance, and safety staff.

• Updating compliance software.

• Updating dispatch and optimization software.

• Reviewing operational routing and customer commitments.

• Reviewing of infrastructure (company facilities, fuel stops, etc.) compared to driver limitations that new rules could bring about.

• Reviewing revenue versus cost due to new operational model to determine if rates are still adequate.

34 Hour Restart

• 395.3(c-d)– 7/8 consecutive days– Ends with 34 or more consecutive hours off duty.– 34 hour restart must contain two periods from 1 a.m.

to 5 a.m. on different days.– Provision may only be used once every week (168

hours).– If more than one off duty period of 34 consecutive

hours recorded then driver must indicate which period used for restart in the remarks section.

Recap• Day 1 – All off Duty• Day 2 - first complete 34 hour restart, 11 hours• Day 3 – 10 hours• Day 4 – 10 hours• Day 5 – 12 hours• Day 6 – 10 hours• Day 7 – 7 hours• Total 60 hours • Day 8 – Begins a new 34 hour restart• Day 9 – Completes second 34 hour restart

Recap• Day 1 – All off Duty• Day 2 - first complete 34 hour restart, 13 hours• Day 3 – 11 hours• Day 4 – 12 hours• Day 5 – 12 hours• Day 6 – 12 hours• Day 7 – 11 hours• Total 60 hours • Day 8 – Begins a new 34 hour restart• Day 9 – Completes second 34 hour restart

Recap

• Day 1 – All off Duty• Day 2 - first complete 34 hour restart, 13 hours• Day 3 – 13 hours• Day 4 – 13 hours• Day 5 – 13 hours• Day 6 – 8 hours• Day 7 – 0 hours• Day 8 – 6 hours

Recap

• Day 1 – 13.5 hours• Day 2 – 13.5 hours• Day 3 – 13.5 hours• Day 4 – 13.5 hours• Day 5 – 6 hours• Day 6 – 7 hours

Rest Breaks

• 395.3(a)(3)(ii)– Must take 30 minute break from driving– After 8 hours have passed since last sleeper berth

or off duty rest period.– Does not limit 11 hour total driving time.

• Hazardous Materials 397.5 “In attendance”

Definitions

• 395.2 On Duty Time– Number 4 on the list• All time in or on a commercial motor vehicle, other

than:– A parked commercial motor vehicle– In the sleeper berth – 2 hours in the passenger seat immediately before or

immediately after 8 consecutive hours in the sleeper berth.

Passenger Seat Example

Administrative

• 385 Safety Fitness Rating– 395.3(a)(3)(ii)• 30 minute break change• Included as critical violation

• 386 Penalties– Appendix B to Part 386– More than 3 hours beyond driving limits =

Egregious violation.– Maximum penalties.

Oil Field Exemption

• 395.1– Specially trained drivers of commercial motor

vehicles that are specially constructed.– On duty time shall not include waiting time at

natural gas or oil well site.– Record time as off duty.– Indicate in remarks section.– Not included in 14 hour calculation.– Not eligible for short haul provision.

Summary of Changes

QuestionsVisit our website for up to date regulatory and credential information at www.modot.org/mcs

Contact us at 1-866-831-6277Extensions: 1 - Oversized and Overweight Permits

2 – International Fuel Tax Agreement/International Registration Plan(License Plates)3 – Intrastate Operating Authority4 – Payments or Refunds5 – Unified Carrier Registration(UCR)6 – Safety7 – Request a Form8 – Shipping and Mailing address

Come by the office located at:1320 Creek Trail Drive Jefferson City, MO 65102

Billy.hampton@modot.mo.gov573-522-5302