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Changes to the Hours-of-Service regulations

Changes to the Hours-of-Service regulations. Thomas Bray Senior Editor, Transportation Management J. J. Keller & Associates, Inc. HOS Changes: Round 1. February 27, 2012: Resting in parked vehicle Egregious violations

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Changes to the Hours-of-Service regulations

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  1. Changes to the Hours-of-Service regulations Thomas Bray Senior Editor, Transportation Management J. J. Keller & Associates, Inc.

  2. HOS Changes: Round 1 February 27, 2012: • Resting in parked vehicle • Egregious violations • Riding in passenger seat of a moving sleeper cab vehicle before/after sleeper break (applies to teams) • Oilfield “waiting time” exception clarified

  3. As of February 27, 2012 • Time spent “resting” in a parked vehicle is now logged as “off duty” • Must be “resting” and not on duty! • Other definitions of “on-duty time” still apply! • Does not apply when hazmat attendance is required • Time spent resting in the vehicle counts toward 14-hour limit • Can help drivers lower their 7 or 8 day total hours

  4. As of February 27, 2012 • An “egregious” violation is driving more than 3 hours past driving limit • Makes driver/carrier more likely to face maximum civil penalties for each violation: • $11,000 for carriers • $2,750 for drivers • Does not apply to 14 or 60/70 on-duty limits

  5. HOS Changes: Round 2 July 1, 2013: • Mandatory 30-minute breaks • Restrictions on use of the 34-hour “restart”

  6. July 1, 2013: Mandatory Break • May not drive a CMV if 8 hours (not just driving!) have passed since last break of at least 30 minutes • Break must be off duty and/or sleeper berth • Cannot be “on-duty time” (exception for explosives haulers) • Counts toward the 14 hour limit • Required for all drivers, even 100 air-mile • Timing critical (to avoid needing TWO breaks)

  7. July 1, 2013: Restart Changes • Driver cannot start next “restart” break until 168 hours since the start of the last break • If driver has more than one 34-hour break in a 168 hour period, driver must indicate which one was the restart • Restart must be a minimum of 34 consecutive hours and include two 1:00 a.m. to 5:00 a.m. periods • If 34-hour break does not include two 1:00 a.m. to 5:00 a.m. periods, it must be extended until it does to qualify as a restart

  8. July 1, 2013 • Biggest impact will be on drivers presently working long hours • More than 8 hours per day and not taking a break (will lose 2 to 3 hours a week) • Drivers using the restart more than once a week to extend the 60/70 hour limits (could lose as many as 12 to 14 hours per week) • Will impact driver availability/scheduling

  9. What is NOT Changing? • 11-, 14-, and 60/70-hour limits • New “off duty” time exception and upcoming required breaks do not “extend” 14-hour limit • No changes to short-haul exceptions (except that 30-minute break is required)

  10. Challenges • Previous court challenge was dismissed • First challenge filed by ATA on Feb. 14th • Second challenge filed by Public Citizen and others on February 24th • Could be resolved before July 2013 • More challenges possible after July 1, 2013

  11. HOS and CSA • Increased complexity and misunderstanding of the changes has potential to lead to more violations • Fatigued Driving BASIC already has most carriers in Alert status • 52,000 (and counting) warning letters mailed already • Fourth quarter 2011: • 5,513 carriers investigated • 3,501due to CSA scores (2,253 were “focused”) • Compare to 18,000 done in all of FY 2011 • Other CSA changes related to intermodal occurring (Vehicle Maintenance BASIC)

  12. Questions? • If you think of one later… • Thomas Bray • J. J. Keller & Associates, Inc. • 800-558-5011 x-2863 • tbray@jjkeller.com

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