FMCSA stirred up the trucking industry by releasing the new hours of service ruling just two days before Christmas. Upon reviewing this rulemaking, I think its best explained in the following format:
- Things we got (“we” being the trucking industry)
- Things we didn’t get
- Things we compromised on
There was talk of changing this, but this stayed the same in the final rule.
For team operation, a co-driver can log up to 2 hours in the passenger’s seat immediately before or after his/her 8 hour sleeper berth period
Time spend in a parked CMV (not just time in sleeper berth) can be logged as off duty (remember the issue with loading on duty and state of readiness which does not apply).
The FMCSA had discussed a mandatory off duty period at the end of the 14 hour period (under the current rule a driver is only restricted from driving after the 14 th hour). However this was not put into place in the final rule.
Many were in favor of a Twice Weekly Extension of the Driving Window for drivers who do not leave and return to the same terminal. This was not added to the final rule.
Restart can now only be used once every 168 hours (7-days)
Proposed rule required two consecutive periods between midnight and 6 am to be included in the 34 hours. We wanted the old 34 hour restart, but they gave us two periods between 1am and 5am.
Proposed rule was 30 minutes every 7 hours and one hour every 14 which would have only given us 13 hours to work in a 14 hour period.
They decided on a mandatory 30 minute break every 8 hours which gives us 13.5 hours to work in a 14 hour period.
It’s important to note that only a small portion of the rule goes into effect 60 days after being published in the federal register:
The rest of the rulemaking will not go into effect until July 1, 2013.
Hope you find this helpful. We have a few questions we still need to get clarified and will keep you in the loop with those answers.