The FMCSA has released the long awaited and much anticipated proposed hours-of-service rules. Links to the proposed rules, FMCSA website, and ATA’s Hours-of-Service website in the column to the right.
The FMCSA’s press-release states as follows:
FMCSA Issues Proposed Rule on Hours-of-Service Requirements for Commercial Truck Drivers
WASHINGTON – The U.S. Department of Transportation’s Federal Motor Carrier Safety Administration (FMCSA) today issued a regulatory proposal that would revise hours-of-service (HOS) requirements for commercial truck drivers.
“A fatigued driver has no place behind the wheel of a large commercial truck,” said Transportation Secretary Ray LaHood. “We are committed to an hours-of-service rule that will help create an environment where commercial truck drivers are rested, alert and focused on safety while on the job.”
The publication of this proposed rule coincides with the timeframe established in a court settlement agreement that requires FMCSA to publish a final HOS rule by July 26, 2011.
This new HOS proposal would retain the “34-hour restart” provision allowing drivers to restart the clock on their weekly 60 or 70 hours by taking at least 34 consecutive hours off-duty. However, the restart period would have to include two consecutive off-duty periods from midnight to 6:00 a.m. Drivers would be allowed to use this restart only once during a seven-day period.
Additionally the proposal would require commercial truck drivers to complete all driving within a 14-hour workday, and to complete all on-duty work-related activities within 13 hours to allow for at least a one hour break. It also leaves open for comment whether drivers should be limited to 10 or 11 hours of daily driving time, although FMCSA currently favors a 10-hour limit.
“In January, we began this rulemaking process by hosting five public listening sessions with stakeholders across the country,” said FMCSA Administrator Anne S. Ferro. “This proposed rule provides another opportunity for the public to weigh in on a safety issue that impacts everyone on our roadways.”
Driving hours are regulated by federal HOS rules, which are designed to prevent commercial vehicle-related crashes and fatalities by prescribing on-duty and rest periods for drivers.
Commercial truck drivers who violate this proposed rule would face civil penalties of up to $2,750 for each offense. Trucking companies that allow their drivers to violate the proposal’s driving limits would face penalties of up to $11,000 for each offense.
Other key provisions include the option of extending a driver’s daily shift to 16 hours twice a week to accommodate for issues such as loading and unloading at terminals or ports, and allowing drivers to count some time spent parked in their trucks toward off-duty hours.
A copy of the rulemaking proposal is available on FMCSA’s Web site at http://www.fmcsa.dot.gov/HOS. The rulemaking will be published in the Federal Register on December 29 and the public will then have 60 days to comment. Information on how to submit comments and evidentiary material is available at http://www.fmcsa.dot.gov/HOS.
Courtesy FMCSA – Dec. 23, 2010 Press Release.
After beggening my career as a driver in 1968 I have witnessed many things. I remember if you got caught without a logbook back in the 60′s to 1978 before the DOT took over, the ICC only gave you a $10 fine. Well I made a lot of miles on that $10. The point was I still operated safely because I slept when I needed it, not when the government says I must sleep. I drove till 1984 then came into office. I have been a safety director, trainer, driver, and driver supervisor and designed my own truck driving school for a local company I spent 27 years. I helped them get to 800 trucks and 20 terminal throughout the country. We had one of the best safety and compliance records as does the company I’m with now.
The greatest challenge to the industry will never change till the shippers and receivers become more compatible to the trucking industry. I forever was having to alter my logbook not becasue I wanted to run illegal but I was always trying to make the loading/unloading windows in time to get unloaded then reloaded. If the shippers and recievers put a couple of fork lift operators on duty to cover a good 8 to 10 hours a day to load or unload a driver could operate legal. Look what happened to Swift and their $3,000,000 fine for trying to deliver on time. There isn’t one driver that wants to operate illegal and wouldn’t if they didn’t have to. So, all these laws are just like a dog waging their tail. When all the companies and drivers are out of business those same shippers and receivers will be the one’s that caused it. Secondly, a safe company is one that teaches their dispatchers how to do a logbook. You can’t have a safe company when the dispatchers don’t know how to do a logbook and the majority of drivers only know how to fill out a logbook how do you have good customer service. It is really sad then when all the DOT does is write tickets and make new laws that will not be effective, it will only close many companies down and eliminate lots of drivers. This industry needs companies that will train all drivers from 40 years of experience down to no experience as we do. We have some of the best 50 drivers in the country and operate all 48 states and Canada and have an excellent safety record. Thanks for letting me vent and have a great year ahead. Tom Walter, Jones Brothers Trucking
After beginning my career as a driver in 1968 I have witnessed many things. I remember if you got caught without a logbook back in the 60′s up to 1978 before the DOT took over, the ICC only issued you a $10 fine. Well I made a lot of miles on that $10. The thing I must say is I still operated safely because I slept when I needed it, not when the government says I must sleep. I drove till 1984 then came into office. I have been a safety director, trainer, driver, and driver supervisor and I designed my own truck driving school for a local company I spent 27 years. I helped them get to 800 trucks and 20 terminal throughout the country. We had one of the best safety and compliance records as does the company I’m with now.
The greatest challenge to the industry will never change till the shippers and receivers become more compatible to the trucking industry. I forever was having to alter my logbook not becasue I wanted to run illegal but I was always trying to make the loading/unloading windows in time to get unloaded then reloaded. If the shippers and recievers put a couple of fork lift operators on duty to cover 10 hours a day to load or unload, a driver could operate legal. Look what happened to Swift and their $3,000,000 fine for trying to deliver on time. I know most of those drivers didn’t want to operate illegal. All of these laws they are trying to pass are not going to do anything but put a lot of companies and drivers are out of business. The shippers and receivers will be the one’s that cause it. Secondly, a safe company is one that teaches their dispatchers how to do a logbook. You can’t have a safe company when the dispatchers don’t know how to do a logbook and they are the one’s setting up schedules and the majority of drivers only know how to fill one out so they don’t know when they are going to deliver. It is really sad when all the DOT does is write tickets and make new laws that will not be effective, it will only cause more problems and close many companies down and eliminate lots of drivers. This industry needs companies that will train all drivers from 40 years of experience down to no experience as we do and quit taking advantage them. Many companies find out a driver has 2 years of experience and they piss them and send them down the road as if they know everything. We have some of the best 50 drivers in the country and operate all 48 states and Canada and have an excellent safety record. Thanks for letting me vent and have a great year ahead. Tom Walter