Update on FMCSA’s 2005 Hours-of-Service:

On May 7, 2016:

FMCSA provides a guide to answer common questions about Hours of Service such as who must comply, 14-Hour Duty Limit, 11-Hour Driving limit, 60/70-Hour Duty Limit, 34-Hour Restart, What is on-duty time, exceptions, the Sleeper Berth Provision and more.

Providing explanations to common terms and examples of logbook entries and requirements.

Originally posted at: https://www.fmcsa.dot.gov/regulations/hours-service/interstate-truck-drivers-guide-hours-service but the link to their pdf is not working so we are providing a copy here: http://www.olblueusa.org/AskTheLaw/resources/fmcsa-guide-to-hos.pdf

On December 17, 2007:

FMCSA raised more questions about the Hours-of-Service Rule again by issuing an "interim" rule; this rule temporarily continues the two provisions rules, the 11-hour driving time within a 14-hour, non-extendable window, from the start of the workday, following 10 consecutive hours off-duty (11-hour limit).  This interim rule also allows motor carriers and drivers to restart calculations of the weekly on-duty time limits after the driver has at least 34 consecutive hours off-duty (34-hour restart).  The agency will gather public comment on its actions and the underlying safety analysis before issuing a final rule.

December 11, 2007, Interim Rule at http://www.fmcsa.dot.gov/HOS-statement-12-26-07.htm

December 28, 2007, Interim final rule (IFR 72 FR 71247); request for comments at http://www.fmcsa.dot.gov/rules-regulations/administration/rulemakings/Interim/E7-24238-HOS-IFR-12-17-07.htm

On December 19, 2007:

U.S. Senate Hearing:
Committee on Surface Transportation and Merchant Marine Infrastructure, Safety, and Security held a hearing about “Federal Truck Driver HOS Rules and Truck Safety” at http://commerce.senate.gov/public/index.cfm?FuseAction=Hearings.Hearing&Hearing_ID=1924

Ol’ Blue, USA’s letter to the Senate Committee Members:
The purpose of this letter is to provide you with some information regarding the lack of education by the FMCSA of commercial truck drivers concerning the various versions of the hours-of-service (HOS) regulation in effect since January 2004.
Letter can be found at http://www.olblueusa.org/news/dec07.html

HOS back to Court:
Public Citizen and others filed a motion to enforce the court's order vacating the 34-hour restart and the 11-hour rule at http://www.citizen.org/documents/fmcsaenforceorders.pdf

U.S Circuit Court Hours-of-Service Rulings

July 14, 2004 decision at http://www.olblueusa.org/images/7-14-04-US-Court-of-Appeals.pdf

July 24, 2007 decision at http://www.olblueusa.org/images/7-24-07-US-Court-of-Appeals.pdf

Sept. 28, 2007 decision at http://www.olblueusa.org/images/9-28-07-US-Court-of-Appeals.pdf

On September 28, 2007:

United States Circuit Court issued an order in the various Hours-of-Service cases, addressing the motion for stay filed by the American Trucking Associations and various requests for rehearing.

The order denied all requests for rehearing; so the previous Court's decision to reject FMCSA's "34-hour restart" and “11-hour driving” limitation stands.  The only modification to the Court's earlier order is that the mandate is stayed until December 27, 2007, at which time the Court's opinion will take effect.

All rules and regulations in effect as of this date on HOS are continued until at least Dec 27, 2007, unless the FMCSA brings forward some acceptable new program.

To view the Court’s order, for more information from FMCSA, and our Log Book Presentation, please view the buttons below.

Links:

Sept. 28, 2007 US Circuit Court (see PDF file)

FMCSA’s HOS Update www.fmcsa.dot.gov/HOS-Statement.htm