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Hours of Service of Drivers Revision

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.

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Hours of Service of Drivers Revision

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  1. Hours of Service of Drivers Revision Published in Federal Register/Vol. 76, No. 248, pages 81134 – 81188, December 27, 2011

  2. 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

  3. Important Dates • Effective date – February 27, 2012 • Compliance date – July 1, 2013

  4. 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.

  5. 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.

  6. 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.

  7. 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

  8. 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

  9. 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 – 8hours • Day 7 – 0 hours • Day 8 – 6 hours

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

  11. 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”

  12. 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.

  13. Passenger Seat Example

  14. 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.

  15. 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.

  16. Summary of Changes

  17. Questions Visit our website for up to date regulatory and credential information at www.modot.org/mcs Contact us at 1-866-831-6277 Extensions: 1 - Oversized and Overweight Permits 2 – International Fuel Tax Agreement/International Registration Plan(License Plates) 3 – Intrastate Operating Authority 4 – Payments or Refunds 5 – Unified Carrier Registration(UCR) 6 – Safety 7 – Request a Form 8 – Shipping and Mailing address Come by the office located at: 1320 Creek Trail Drive Jefferson City, MO 65102 Billy.hampton@modot.mo.gov 573-522-5302

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