FMCSA Issues New Hours of Service Rules

New Hours of Service (HOS) rules from the FMCSA that will significantly affect the time truck drivers can be behind the wheel are coming in the next year. Specifically, new rules affect restart breaks and consecutive driving hours. Failure to comply can come with hefty fines – for companies and for drivers.

"Companies will need to plan for these new HOS rule changes that begin in July 2013," said Steve Jansen, Donlen's Manager Regulatory Compliance and Truck Services. "One of the major changes is what the FMCSA calls 'restart breaks.' Under the new rule, drivers will be required to be off duty 34 consecutive hours after every 60 hours driving in the last 7 days. In addition, the 34-hour off duty period must include two back-to-back days in which the driver is off between 1:00 a.m. and 5:00 a.m."

"For example, if a driver comes in from a trip at 2:00 a.m., he'll have to be off duty for 51 hours in order to get those two required periods in" he went on to say. "Furthermore, there are rules governing when drivers can use the restart break. Consequently, some motor carriers may have to adjust their schedules."

So why 34 hours and the 1:00 to 5:00 a.m. rule? "An FMSCA study indicated that rest during this time period is tied to optimal performance of drivers," Jansen said.

Another change is that driving beyond 14 consecutive hours on duty will be prohibited, and after those 14 hours, drivers must have 10 consecutive hours off. Carriers will need to pay close attention to the hours of service for their drivers to avoid the potential for fines.

"Fines for what the FMCSA calls egregious violations -- three or more hours beyond the mandated 14-hour limit -- can be up to $11,000 for the carrier and $2,750 for the drivers," Jansen said. "So if I'm your boss, and you call me and tell me you're feeling fine and rested, and I tell you to keep going knowing you're over the FMCSA limit, I've just made my company liable for that $11,000 fine."

This is why carriers must not only be vigilant in auditing driver logs, they must also clearly communicate rule changes to drivers.

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