| THE
NEW HOURS-OF-SERVICE REGULATIONS
Effective October 1, 2005, the
Federal Motor Carrier Safety Regulations 49 CFR,
Part 395 Hours-of-Service change.
These new rules provide an increased opportunity
for drivers to obtain necessary rest and restorative
sleep, while recognizing the business needs of
drivers and motor carriers.
These regulations only apply to property carriers
and commercial motor vehicle drivers. Passenger
carriers and their drivers will continue operating
under the pre-2003 rules while fatigue issues
specific to the passenger carrier industry are
assessed.
|
HOURS-OF-SERVICE RULES
|
|
2003 Rule
Property-Carrying
CMV Drivers
Compliance
Through 09/03/05 |
2005 Rule
Property-Carrying
CMV Drivers
Compliance
On & After 10/01/05 |
| May
drive a maximum of 11 hours after 10 consecutive
hours off duty. |
NO
CHANGE |
| May
not drive beyond the 14th hour after coming
on duty, following 10 consecutive hours
off duty. |
NO
CHANGE |
| May
not drive after 60/70 hours on duty in
7/8 consecutive days.
A driver may restart a 7/8 consecutive day period after
taking 34 or more consecutive hours off
duty. |
NO
CHANGE |
| Commercial
Motor Vehicle (CMV) drivers using a sleeper
berth must take 10 hours off duty, but
may split sleeper-berth time into two
periods provided neither is less than
2 hours. |
CMV
drivers using the sleeper berth provision
must take at least 8 consecutive hours
in the sleeper berth, plus 2 consecutive
hours either in the sleeper berth, off
duty, or any combination of the two. |
|
Passenger-carrying carriers/drivers are not subject to the new
hours-of-service rules. These operations
must continue to comply with the hours-of-service
limitations specified in 49 CFR 395.5. |
Simply stated the new rule means:
Drivers may drive up to 11 hours in the 14-hour on-duty window
after they come on duty following 10 or more consecutive
hours off duty.
The 14-hour on-duty window may not be extended with off-duty time
for meal and fuel stops, etc.
The prohibition on driving after being on duty 60 hours in 7 consecutive
days, or 70 hours in 8 consecutive days, remains
the same, but drivers can "restart"
the 7/8 day period anytime a driver has 34 consecutive
hours off duty.
CMV drivers using the sleeper berth provision must take at least
8 consecutive hours in the sleeper berth, plus
2 consecutive hours either in the sleeper berth,
off duty, or any combination of the two.
|
Short-Haul Provision |
| Drivers
of property-carrying CMVs which do not
require a Commercial Driver's License
for operation and who operate within a
150 air-mile radius of their normal work
reporting location:
May drive a maximum of 11 hours after coming on duty following
10 or more consecutive hours off duty.
Are not required to keep records-of-duty status (RODS).
May not drive after the 14th hour after coming on duty
5 days a week or after the 16th hour after
coming on duty 2 days a week.
Employer
must:
Maintain and retain accurate time records for a period
of 6 months showing the time the duty
period began, ended, and total hours on
duty each day in place of RODS. |
|
Drivers who use the above-described Short-haul provision are
not eligible to use 100 Air-mile
provision 395.1(e)
or the current 16-hour exception in 395.1
(o). |
In developing these hours-of-service regulations,
the Federal Motor Carrier Safety Administration
(FMCSA) systematically and extensively researched
both United States
and international health and fatigue studies and
consulted with Federal safety and health experts.
Our roads are better designed, constructed, and
maintained in a nationwide network to provide
greater mobility, accessibility, and safety for
all highway users. Vehicles have been dramatically
improved in terms of design, construction, safety,
comfort, efficiency, emissions, technology, and
ergonomics. These factors, combined with years
of driver fatigue and sleep disorder research,
led to a revision of the hours-of-service regulations
for drivers.
FMCSA will continue working with its partners
and stakeholders to assure a smooth transition
to the new regulations. Please join us in working
together to implement these new regulations for
the continuing improvement of motor carrier safety.
For more information or additional outreach materials,
visit the FMCSA's Web site at www.fmcsa.dot.gov. |
|
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