Presented By: Marvin Johnson & Associated, Inc.

HOURS OF SERVICE

MARVIN JOHNSON

& ASSOCIATES, INC.

GENERAL FORM & MANNER

•It Must Be - Neat, Complete, Legal, Accurate & Current

MARVIN JOHNSON

& ASSOCIATES, INC.

Most Common Out Of Service

• No log and/or failing to maintain previous 7 days logs

• Easy money for inspectors

• MUST KEEP LOG CURRENT TO YOUR LAST CHANGE OF DUTY STATUS 395.8(f)(1)

MARVIN JOHNSON

& ASSOCIATES, INC.

Must Complete a Log Daily 395.8(a)

• From the day you started driving until the day you either die or retire you must complete a log every day

• You are always in one of four categories: – Off-duty– Sleeper– Driving– On-duty Not Driving

MARVIN JOHNSON

& ASSOCIATES, INC.

When Can I Be OFF-DUTY?

• Time during which the driver is not on-duty, is not required to be in readiness to work, or is not under any responsibility for performing work. 395.8(h)(1)

• a.k.a. – Is the driver free to leave the premises

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& ASSOCIATES, INC.

On-Duty (Not Driving) Time

If You Are required To Be InAttendance, You Are On-Duty

395.2

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& ASSOCIATES, INC.

8

2

24

86

YOUR HOURS MUST TOTAL 24

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& ASSOCIATES, INC.

You Must Enter ALoad Number or

The Shipper’s Name& Commodity Hauled 395.(d)(11)

MARVIN JOHNSON

& ASSOCIATES, INC.

REMARKSREMARKS

Col

umbu

s, IN

Col

umbu

s, IN

Full name of nearestCity, Town or

Village Name &State Abbreviation

Must label each change of duty status 395.8(c)

MARVIN JOHNSON

& ASSOCIATES, INC.

LOG FALSIFICATION

• When the record of duty status does not match the dates, times, and/or locations of supporting documents. 395.8(e)– For example, driver fuel report shows a fuel stop at 1:15 p.m. in

Indianapolis, IN, but the driver shows fueling at 4:00 p.m.

• Companies can be fined from $400 up to $11,000 per violation

• Drivers can be fined up to $2750, and can also be sent to jail

MARVIN JOHNSON

& ASSOCIATES, INC.

Col

umbu

s, IN

Col

umbu

s, IN

Times Must MatchOther Documents

Use Home TerminalUse Home TerminalTime Zone 395.8(f)(8)Time Zone 395.8(f)(8)

MARVIN JOHNSON

& ASSOCIATES, INC.

Supporting Document

• See interpretation for 395.8(k)(1) question #10

• Any documents directly related to the motor carrier’s operation, which are maintained by the motor carrier in connection with the operations of its transportation business

• NOTE – this includes records generated by owner operators

MARVIN JOHNSON

& ASSOCIATES, INC.

Supporting Documents

GPS data **NEW** Bills of lading Carrier profile Dispatch records Weight/scale tickets Drug/alcohol test chain of

custody form Fuel receipts or reports

Toll receipts Roadside inspections Accident reports Payroll records Comchecks Repair receipts Traffic citations

MARVIN JOHNSON

& ASSOCIATES, INC.

FMCSA Policy on Advanced Technology

• Effective Dec. 19, 2008 – FMCSA can now request GPS data such as Qualcomm, PeopleNet, etc.

• GPS records are supporting documents– Must be retained for six months

MARVIN JOHNSON

& ASSOCIATES, INC.

How To Get a 10 Legal Hour Break

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& ASSOCIATES, INC.

How can I get the required 10 consecutive hour break? 395.1(g)(A)(1)-(3)

• 10 consecutive hours Off-Duty• 10 consecutive hours in Sleeper

Berth• OR a combination of the two totaling

10 consecutive hours

• Cannot be interrupted by any driving or on-duty not driving periods

MARVIN JOHNSON

& ASSOCIATES, INC.

10 Consecutive Hours Off-

Duty

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& ASSOCIATES, INC.

10 Consecutive Hours in

Sleeper Berth

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& ASSOCIATES, INC.

Any combination of Off-Duty & Sleeper Berth that totals at least 10 consecutive hours

MARVIN JOHNSON

& ASSOCIATES, INC.

Sleeper Berth Provision

• The first qualification is to have a sleeper berth

– Day cab units cannot split up the 10 hours, and must always get 10 consecutive hours OFF-DUTY

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& ASSOCIATES, INC.

This does not qualify as a sleeper berth

MARVIN JOHNSON

& ASSOCIATES, INC.

Sleeper Berth Provision

• Can split the 10 hours into 2 periods– One period must be in sleeper berth for at

least 8 consecutive hours– Separate period of at least 2 hours (but

less than 10) can be sleeper berth, off-duty, or any combination of both

• MUST have sleeper berth to use

395.1(g)(D)(ii)(A)(1)-(2)

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& ASSOCIATES, INC.

8 2

10

Sleeper Berth Splits - OK

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& ASSOCIATES, INC.

You can now combine the 8 hour sleeper

period with a separate 2 hour off-duty period

82

10

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& ASSOCIATES, INC.

82

10

The separate 2 hour period can also be a

combination of sleeper and off-duty

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& ASSOCIATES, INC.

48

If you get more than 2 hours in the smaller rest period, must still get at least 8 hours in

the other sleeper period

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& ASSOCIATES, INC.

55

What is wrong with this log?

Answer: Did not get at least 8 consecutive hours in the sleeper berth

THE RULES11, 14, & 70 HOUR RULES

MARVIN JOHNSON

& ASSOCIATES, INC.

STOP

DRIVING

11-Hour Rule

•395.3(a)(1): A maximum of 11 hours driving, after which a driver must have at least 10 consecutive hours off duty before he/she can drive again.

MARVIN JOHNSON

& ASSOCIATES, INC.

395.1(b)(1): Adverse Driving Conditions

• Allows driver to extend 11 hour rule up to an additional 2 hours

• Could not have known of conditions at time of dispatch

• Must have been able to complete trip within 11 hours absent the conditions

• Still does not extend the 14 hour limit

MARVIN JOHNSON

& ASSOCIATES, INC.

STOP

DRIVING

14-Hour Rule

•395.3(a)(2): No driving for any period after the end of the 14th hour after coming on duty following 10 consecutive hours off duty.

MARVIN JOHNSON

& ASSOCIATES, INC.

STOP

DRIVING

70-Hour Rule

•395.3(b)(2): A maximum of 70 hours on duty in any 8 consecutive days.

• ONCE A DRIVER REACHES THESE ONCE A DRIVER REACHES THESE LIMITS, HE/SHE CANNOT LIMITS, HE/SHE CANNOT DRIVEDRIVE..

MARVIN JOHNSON

& ASSOCIATES, INC.

34-Hour Restart 395.3(c)(2)

• The 70 hour total can be “restarted” back to zero by taking 34 consecutive hours off duty– Can be off-duty, sleeper berth, or a

combination of the two– Cannot be interrupted by any period of

driving or on-duty not driving– Can be started at any time

MARVIN JOHNSON

& ASSOCIATES, INC.

Calculating the 11 Hour Total 395.1(g)(1)(ii)(B)

• The only time you gain a full 11 hours available to drive is after taking at least 10 consecutive hours off

• When splitting the 10 hours of rest:– The driving period before the sleeper berth period

is added with the driving period after the sleeper berth period

– When added together these two driving periods cannot exceed the 11 hour limit

MARVIN JOHNSON

& ASSOCIATES, INC.

10

11

28

65 Two driving periods cannot exceed 11

hours

MARVIN JOHNSON

& ASSOCIATES, INC.

Calculating the 14 Hour Rule 395.1(g)(1)(ii)(C)

• Once you come on-duty the only way to stop and reset the 14 hour clock is to take at least 10 consecutive hours off

• Time spent taking 10 consecutive hour break does not count towards the 14 hour total

• No driving beyond the 14th hour after coming on-duty

• O.K. to do non-driving work beyond the 14th hour

MARVIN JOHNSON

& ASSOCIATES, INC.

Calculating the 14 Hour RuleWhen Splitting 10 Hour Break

• The time spent in any 8 hour sleeper berth period does not count towards the 14 hour total 395.1(g)(D)

• All time spent in a rest period of less than 8 hours will count towards the 14 hour total

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& ASSOCIATES, INC.

Begin counting at 1:00 am. Count up to beginning of 8 hour sleeper at 5:00 am. Add to period starting at 1:00 pm and ending at 8

pm (the beginning of the 2nd rest period)

Cannot drive after the 14th hour after coming on duty.

MARVIN JOHNSON

& ASSOCIATES, INC.

Step 1 - Begin counting at 1:00 am, and count everything (including the small rest period) up to the beginning of the 2nd rest period at 3 pm. No driving

after the 14th hour in this period.

Step 2 – Recalculate from the end of the 1st rest period (10:00 am). Count from 10:00 am to 3:00 pm.

(the beginning of 2nd rest period) Add to period starting at end of 2nd rest period (11:00 pm) and

ending at beginning of next period.

MARVIN JOHNSON

& ASSOCIATES, INC.

By taking 10 consecutive hours off the driver breaks the split cycle and has a full 11 hours

to drive starting at 9:00 am on day #2

MARVIN JOHNSON

& ASSOCIATES, INC.

7 3

14 ho

ur

violatio

n

11 ho

ur

violatio

n

In this example, we had 10 consecutive hours off-duty before starting to drive at midnight. The 7 and 3 hour sleeper periods count towards the 14 hour total. The improper splitting of the 10 hour break

leads to both an 11 and a 14 hour violation.

MARVIN JOHNSON

& ASSOCIATES, INC.

Exemptions to the Rules

• 16 Hour Short Haul Exemption

• 100 Air Mile Radius Exemption

• Short Haul Exemption

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& ASSOCIATES, INC.

16 Hour Short Haul Exemption

• A property-carrying driver is exempt from the requirements of § 395.3(a)(2) (the 14 hour rule) if:

• The driver has returned to the driver’s normal work reporting location and the carrier released the driver from duty at that location for the previous five duty tours the driver has worked;

• The driver has returned to the normal work reporting location and the carrier releases the driver from duty within 16 hours after coming on duty following 10 consecutive hours off duty; and

• The driver has not taken this exemption within the previous 6 consecutive days, except when the driver has begun a new 7- or 8-consecutive day period with the beginning of any off-duty period of 34 or more consecutive hours as allowed by §395.3(c).

MARVIN JOHNSON

& ASSOCIATES, INC.

100 Air-mile Radius Exemption 395.1(e)(1)

• Many drivers think that this exempts them from having to count this trip in 60/70 hour – NOT CORRECT

• Only exempts drivers from completing a ROD for that time – still has to account for the on-duty time and turn in record

• Applies to vehicles that require a CDL to operate

MARVIN JOHNSON

& ASSOCIATES, INC.

100 Air-mile Exemption Criteria 395.1(e)(1)

1. Operate within 100 air-mile radius of normal work reporting location

2. Return and released from duty within 12 consecutive hours

3. At least 10 consecutive hours off duty separate each 12 consecutive hours on duty

4. Driver does not exceed 11 hours driving

MARVIN JOHNSON

& ASSOCIATES, INC.

Required Records

• Time driver reports for duty each day• Total number of hours on duty each day• Time driver released from duty each day• Total time for the preceding 7 days for

drivers used the first time or intermittently• Retain for 6 months

MARVIN JOHNSON

& ASSOCIATES, INC.

See questions #16 and 17 in the

interpretations for 395.1 for guidance.

MARVIN JOHNSON

& ASSOCIATES, INC.

Short Haul Exemption 395.1(e)(2)

• Only applies to NON-CDL vehicles who do the following:– Operate within 150 air-miles of normal work reporting

location– Return to normal work reporting location at end of duty tour– Has at least 10 consecutive hours off duty separating each

on-duty period– Driver does not drive more than 11 hours following at least

10 consecutive hours off-duty

MARVIN JOHNSON

& ASSOCIATES, INC.

Requirements of Short Haul Exempt. Continued

• The driver does not drive:– After the 14th hour after coming on duty on 5 days of any

7 consecutive days; and– After the 16th hour after coming on duty on 2 days of any

period of 7 consecutive days

• 60/70 hours in 7/8 days• Still eligible for 34 hour restart• Time records can be used instead of logs• Drivers meeting these conditions are not eligible

for the existing 100 air-mile exemption

MARVIN JOHNSON

& ASSOCIATES, INC.

Thank You For Your Attention