Hours of Service of Drivers Provisions of the Final Rule Published on December 27, 2011

1. Hours of Service of DriversProvisions of the Final Rule Published on December 27, 2011 Federal Motor Carrier Safety Administration

2. Agenda • Hours of Service Final Rule • Hours of Service Educational Materials • FMCSA Web site • FMCSA Presentation • Questions and Answers Federal Motor Carrier Safety Administration

3. Hours of Service Final Rule Published: December 27, 2011 Federal Motor Carrier Safety Administration

4. Hours of Service Final Rule • Published on December 27, 2011 • First compliance date – February 27, 2012 • Changed the on-duty time definition • Clarified recording of the “waiting time” provision for oilfield drivers • Defined egregious violations and established a maximum penalty provision • Second compliance date – July 1, 2013 • Limits the minimum 34-hour restart • Requires mandatory rest breaks Federal Motor Carrier Safety Administration

5. HOS Final Rule: 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. Long daily and weekly hours are associated with an increased risk of crashes and with the chronic health conditions associated with lack of sleep. These changes will affect only the small minority of drivers who regularly work the longer hours. Federal Motor Carrier Safety Administration

6. HOS Final Rule: Goal • FMCSA's new HOS final rule reduces the maximum number of hours a truck driver can work within a week by 12 hours. • Under the old rule, truck drivers could work on average up to 82 hours within a seven-day period. The new HOS final rule limits a driver's work week to 70 hours. • The goal of this rulemaking is to reduce excessively long work hours that increase both the risk of fatigue-related crashes and long-term health problems for drivers. Federal Motor Carrier Safety Administration

7. HOS Final Rule: Summary • Received more than 20,000 comments on the rule. • About half of the comments dealt with the impact on the economy. • Large truck crashes resulted in 3,675 fatalities in 2010. • Fatigue is a leading factor in large truck crashes. • The rule reduces the average maximum allowable hours of work from 82 hours to 70 hours. • This will help reduce both acute and chronic fatigue. • The rule is estimated to prevent 1,444 crashes, 560 injuries, and save 19 lives each year. Federal Motor Carrier Safety Administration

8. HOS Final Rule: On-duty Time • First compliance date – February 27, 2012 • Change to the on-duty time definition. • Previous Rule • Includes any time in CMV, except sleeper-berth periods. • Final Rule • Does not include any time resting in a parked vehicle (also applies to passenger-carrying drivers). • In a moving property-carrying CMV, does not include up to 2 hours in passenger seat immediately before or after 8 or more consecutive hours in the sleeper-berth. Federal Motor Carrier Safety Administration

9. HOS Final Rule: On-duty Time Considerations • The “up to 2 hours” riding in the passenger seat of a property-carrying CMV in conjunction with 8 hours in the sleeper berth is considered off-duty time. • If fewer than 2 hours are spent riding in a passenger seat of a property-carrying CMV and the full 10-hour off duty requirement is not met, the time spent riding in the passenger seat will be included in the calculation of the 14-hour period. • Any time spent in excess of the 2 hours is considered on-duty time and should be included when determining compliance with the 14-hour on-duty period requirements. • The 2-hour time period riding in a passenger seat may be split into any combination of time before and after the 8-hour sleeper berth break. • A driver is permitted to accumulate the required 8 or 10 hours off duty while resting in a parked vehicle or any other location of his or her choice. Federal Motor Carrier Safety Administration

10. HOS Final Rule: On-duty Time Example Federal Motor Carrier Safety Administration

11. HOS Final Rule: On-duty Time Example Federal Motor Carrier Safety Administration

12. HOS Final Rule: On-duty Time Example Federal Motor Carrier Safety Administration

13. In Pass. Seat of Moving CMV 10 Hours Logging ODND as Off Duty 14 hour violation and false log Federal Motor Carrier Safety Administration

14. In Pass. Seat of Moving CMV 10 Hours Form and Manner Violation for logging ODND as Off Duty Federal Motor Carrier Safety Administration

15. HOS Final Rule: Waiting Time • First compliance date for Final Rule – February 27, 2012 • Clarified recording of the “waiting time” provision for oilfield drivers. • Previous Rule • “Waiting time” for certain drivers at oilfields (which is off-duty time) must be recorded but no method or details are specified for the recordkeeping. • Final Rule • “Waiting time” for certain drivers at oilfields must be shown on the logbook (or on-board recorder) as off-duty time and identified with annotations in “remarks” or a separate line added to “grid”. Federal Motor Carrier Safety Administration

16. HOS Final Rule: Waiting Time Considerations • Drivers that operate CMVs that are specially constructed to service oil wells, and require special training , are required to indicate “waiting time” on their Record of Duty Status (RODS). • The “waiting time” is considered “off duty” for purposes of determining compliance with sections 395.8 and 395.13. • “Waiting time” should not be included when determining compliance with the 14-hour on-duty period requirements. • The “waiting time” must be recorded - - • As a remark; • As a specific indication of the off-duty period; or • On a separate “waiting time” line on the RODS. Federal Motor Carrier Safety Administration

17. HOS Final Rule: Waiting Time Examples Federal Motor Carrier Safety Administration

18. HOS Final Rule: Waiting Time Examples Federal Motor Carrier Safety Administration

19. 1 HOS Final Rule: Waiting Time Examples 395 g ii c 2 A Federal Motor Carrier Safety Administration

20. 1 1 HOS Final Rule: Waiting Time Examples Federal Motor Carrier Safety Administration

21. HOS Final Rule: Egregious Violations • First compliance date – February 27, 2012 • Defined egregious violations and established a maximum penalty for those violations. • Previous Rule • “Egregious” HOS violation not specifically defined for purposes of assessing maximum civil penalties. • Final Rule • Driving (or allowing a driver to drive) 3 or more hours beyond the 10- or 11-hour driving–time limit will be considered an “egregious violation” and subject to the maximum Federal civil penalties. • The egregious violation definition also applies to drivers of passenger-carrying vehicles. Federal Motor Carrier Safety Administration

22. HOS Final Rule: 34-hour Restart • Second compliance date for Final Rule – July 1, 2013 • Limits the minimum 34-hour restart • Current Rule • No restrictions on how often the restart may be used, or requirement for early morning off-duty periods. • Final Rule • May only be used once per week (once every 168 hours), calculated from the beginning of the previous restart period. • Must include two periods between 1:00 a.m. – 5:00 a.m. (home terminal time). Federal Motor Carrier Safety Administration

23. HOS Final Rule: 34-hour Restart Considerations • Applies to property-carrying motor carriers only. • The restart period must include two off-duty periods between 1:00 a.m. and 5:00 a.m. • The time period between 1:00 a.m. and 5:00 a.m. must be the motor carrier’s home terminal time. For example, if the motor carrier is headquartered in Pennsylvania, the 1:00 a.m. and 5:00 a.m. off-duty period must be recorded as Eastern Standard Time. If this same driver takes his or her restart while on the West Coast, the mandatory off-duty period would be from 10:00 p.m. to 2:00 a.m. Pacific Standard Time. • The 34-hour restart provision may only be used once per week (e.g., once every 168 consecutive hours). Meaning, a driver may not take an off-duty period to restart the calculation of its 60/70 hours until 168 or more hours have passed since the beginning of the last 34-hour off-duty period. • If there are more than one 34-hour off-duty periods within a 168-hour period, the driver must note the period used to restart his or her hours in the remarks section on his or her log. • The 168-hour period is counted from the beginning of the last prior restart. Federal Motor Carrier Safety Administration

24. 1 1 HOS Final Rule: 34-hour Restart Example Federal Motor Carrier Safety Administration

25. HOS Final Rule: 34-hour Restart Example Not a valid restart – only one 1-5 period Federal Motor Carrier Safety Administration

26. HOS Final Rule: 34-hour Restart Example • “34-hour Restart” Example There are no violations in this example because the 168-hour period is counted from the beginning of the last prior restart, which was on Saturday (1/1). Federal Motor Carrier Safety Administration

27. HOS Final Rule: 34-hour Restart Example Could not begin a new 34 reset period until Sat, 1/8 Federal Motor Carrier Safety Administration

28. HOS Final Rule: 34-hour Restart Example Federal Motor Carrier Safety Administration

29. HOS Final Rule: 34-hour Restart Example Federal Motor Carrier Safety Administration

30. HOS Final Rule: 34-hour Restart Example Federal Motor Carrier Safety Administration

31. HOS Final Rule: 34-hour Restart Example Federal Motor Carrier Safety Administration

32. HOS Final Rule: 34-hour Restart Example Federal Motor Carrier Safety Administration

33. HOS Final Rule: 34-hour Restart Example Federal Motor Carrier Safety Administration

34. HOS Final Rule: 34-hour Restart Example Federal Motor Carrier Safety Administration

35. HOS Final Rule: 34-hour Restart Example Federal Motor Carrier Safety Administration

36. HOS Final Rule: 34-hour Restart Example Federal Motor Carrier Safety Administration

37. HOS Final Rule: 34-hour Restart Example Federal Motor Carrier Safety Administration

38. HOS Final Rule: 34-hour Restart Example Federal Motor Carrier Safety Administration

39. HOS Final Rule: 34-hour Restart Example • Additional examples will be added once approved. Federal Motor Carrier Safety Administration

40. HOS Final Rule: 34-hour Restart Example Federal Motor Carrier Safety Administration

41. HOS Final Rule: 34-hour Restart Example Federal Motor Carrier Safety Administration

42. HOS Final Rule: Mandatory Rest Breaks • Second compliance date – July 1, 2013 • Requires mandatory rest breaks • Current Rule • No rest breaks are required during the work day. • Final Rule • May drive only if 8 hours or less have passed since the end of driver’s last off-duty period of at least 30 minutes. • Section 397.5, mandatory “attendance” time may be included in break if no other duties performed. Federal Motor Carrier Safety Administration

43. HOS Final Rule: Mandatory Rest Break Considerations Applies to property-carrying motor carriers only. The driver may not drive a CMV if it has been more than 8 hours since the last off-duty period of at least 30 minutes. The 30-minute break must be recorded on the driver’s RODS as “off-duty” time. The mandatory in-attendance time required by section 397.5 may be considered as part of the 30-minute break, provided no other duties are being performed. Federal Motor Carrier Safety Administration

44. 1 1 2 2 HOS Final Rule: On-duty Time Example CP3 for checking new ½ break rule Federal Motor Carrier Safety Administration

45. HOS Final Rule: Mandatory Rest Break Example Federal Motor Carrier Safety Administration

46. HOS Final Rule: Mandatory Rest Break Example Federal Motor Carrier Safety Administration

47. Hours of Service Educational Materials Federal Motor Carrier Safety Administration

48. HOS Educational Materials: Web Site • Educational and outreach materials can be found at www.fmcsa.dot.gov/hos. Federal Motor Carrier Safety Administration

49. HOS Educational Materials: Summary Federal Motor Carrier Safety Administration

50. Questions ?