Q: What is the final ruling?
A: The FMCSA revised the hours of service (HOS) regulations to limit the use of the 34-hour restart provision to once every 168 hours and to require that anyone using the 34-hour restart provision have as part of the restart two periods that include 1 a.m. to 5 a.m. It also includes a provision that allows truckers to drive if they have had a break of at least 30 minutes, at a time of their choosing, sometime within the previous 8 hours.
Q: Why is the rule being issued?
A: 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. A rule cannot ensure that drivers will be rested, but it can ensure that they have enough time off to obtain adequate rest on a daily and weekly basis. The objective of this rule, therefore, is to reduce both acute and chronic fatigue by limiting the maximum number of hours per day and week that the drivers can work. On average, the rule reduces a driver’s maximum allowable hours of work per week from 82 hours to 70 hours, a 15% reduction. The 15% reduction in the average maximum allowable hours of work based on the new rule results from the restrictions on the use of the restart period.
Q: When is compliance required?
A: Compliance with the § 395.2 definition of “on-duty time” and the § 395.1(d) “oilfield” provisions, when applicable, is required 60 days after publication of the Final Rule in the Federal Register. Compliance with all other provisions is required no later than July 1, 2013.
Q: Which drivers are most likely or unlikely to be affected by the rule changes?
The rule will mainly affect drivers who work more than 70 hours a week on a continuing basis. These drivers are mostly a subset of long-haul truckload drivers. Local drivers and less-than-truckload drivers, who rarely work more than 5 days a week, are unlikely to be affected.
To read more about Hour-Of-Service Rules, click here.
