Hours-of-service compliance is centered on two areas, limits and logs. Both drivers and carriers are held responsible for compliance with these regulations. Here's a back-to-basics rundown:
Limits
The limits are actually fairly straightforward. These include no driving once you reach:
- The end of the 14th hour after coming on duty for the day
- 11 hours of driving
- 60 hours in 7 days, or 70 hours in 8 days, depending on whether the company operates vehicles 7 days a week
The hours that count toward the 14 and 11 hour limits are started and stopped by a break of 10 hours or more.
14-hour rule
Once you reach the end of the 14th consecutive hour since coming on duty from your 10-hour or more break, you cannot drive a commercial vehicle. You can work, but you cannot drive. If you started your day at 7 a.m.., you cannot drive a commercial vehicle any more as of 9:00 p.m. Waiting to load or unload, meals, other breaks, breakdowns, etc., do not impact the 14-hour limit.
There are only a couple of exceptions to the 14-hour limit, but they are fairly narrow exceptions requiring certain conditions be met. The first exception applies only to drivers of vehicles that do not require a CDL to operate and stay within 150 air-miles of, and return to, the work reporting location. This exception allows the driver to drive up to the 16th hour twice during every seven days.
The other exception allows a driver that has returned to his or her work reporting location the last five working days to drive through the 16th hour once every seven days, or once since the driver’s last 34-hour restart. One requirement that is unique to this exception is that the driver must be released for a 10-hour break after the 16th hour, not just “stop driving.”
11 hours driving
Within the 14 hours, you can drive a total of 11 hours. Any time at the controls of a commercial vehicle while on the roadway counts as driving.
There is only one exception to the 11-hour driving limit, and that is the “adverse driving conditions” exception at §395.1(b). This allows a driver to complete his or her run or reach a place of safety using up to an extra two hours of driving time if delayed by adverse conditions that could not have been known at the time of dispatch. However, this exception does not allow the driver to go over his or her 14-hour limit.
Please note that drivers driving in Alaska and passenger-carrying drivers (bus and motor coach drivers) have different daily hours-of-service limits.
60/70-hour rule
To offset the effects of cumulative fatigue, drivers are not allowed to drive if they have been on duty for 60 hours over the last 7 days, or 70 hours over the last 8 days. Companies that operate vehicles seven days a week are allowed to use the 70-hour limit, if they choose to.
Much like the other limits, the driver can continue to work once the 60- or 70-hour limit is reached, but the driver cannot drive.
Any break of 34 hours or more will allow the driver to “restart” the 7 or 8 day days. In effect, once the driver has 34 consecutive hours off, the driver’s total hours for the last 7 or 8 days go to “zero.”
New for July
As of July 1, drivers can only take a restart if the driver has not had a restart in the last 7 days (168 hours) and if the 34 hours include two 1 a.m. to 5 a.m. periods. If the 34 hours did not include these two periods, it is not a restart even if it is 34 hours long (§395.3(c) and (d)).
Also new for July is that a driver cannot drive if it has been 8 hours since the driver’s last off-duty break of 30 minutes or more. Basically, a driver will need to stop and take a 30-minute break if it has been 8 hours since the last break of 30 minutes or more and the driver wants to continue or start driving (§395.3(a)(3)(ii)).
The ‘records’
The main record that is used to show compliance with these limits is the driver’s daily log, officially known as the “driver’s record of duty status” (see §395.8). The driver’s log must account for all activities based on the four “duty lines” on the “grid graph.” These duty lines are:
- Off duty: Driver has no responsibility to the carrier, the vehicle, or the cargo, is performing no work for the carrier (or anyone else), and is free to pursue activities of his/her choosing.
- Sleeper berth: Time spent is the “bunk” (sleeper berth) on the truck.
- Driving: Time spent at the controls of a commercial vehicle on the road.
- On duty: The driver is performing any work for, or has any responsibility to the carrier. Waiting to load or unload, loading and unloading, inspecting the vehicle, fueling the vehicle, standing by, and taking a drug test (including driving to and from) would all be examples of on-duty time.
As well as the grid graph accounting for the time, the log must contain other information. This includes the date, miles driven, driver’s signature, co-driver’s name (if there is one), shipment number (or shipper and cargo), starting time, carrier’s name and address, total hours on each duty line, and the remarks section where the location of any duty change is recorded. A duty change is any time the driver changes duty lines.
The driver’s log must be current at all times to the “last duty change.” If the driver changes duty from on duty to driving at 3 p.m. at Toledo, Ohio, and the driver’s log is checked at 6 p.m. by an officer, the log will need to show the driver driving since 3 p.m. starting at Toledo, Ohio.
Electronic options
There are electronic versions of logs available. These fall into two general categories, automatic on-board recording devices (AOBRDs), and electronic logging applications (apps) and programs.
AOBRDs are connected to the vehicle and automatically determine when the driver is driving. If the driver is using an AOBRD, the officers will only ask to see the screen, smartphone, or tablet that is used to display the data the AOBRD has recorded. These are discussed in the regulations at §395.2 and §395.15.
Electronic logging apps and programs that are not getting movement data from the vehicle to determine when the driver is driving are basically an electronic version of a paper log, and are regulated under the “regular” log requirements in §395.8. One key point to using such electronic logging apps and programs is that the driver must be able to print his/her logs on demand during a roadside inspection.
Exceptions
There are a couple of exceptions in the regulations that allow the driver to keep time records rather than having to complete a log. These apply to drivers that stay within 100 or 150 air-miles of their work reporting location and return nightly. There are other requirements, so if you think one of these exceptions might apply, check §395.1(e).
There are other “specialized” exceptions as well. These apply to driver-salespeople, drivers involved exclusively in oilfield operations, drivers specializing in transporting construction materials and supplies, and certain drivers transporting agricultural products. Each of these exceptions has certain requirements that must be met to use them, and they only exempt the driver from specific hours-of-service regulations (see §395.1).
Who is responsible for what?
The driver is always responsible for compliance with the limits and logging requirements. The driver can be written a violation on a roadside inspection report and fined (and maybe even placed out of service), if:
- The driver is not able to present a log or an acceptable electronic record from an AOBRD for today and the previous seven days at the time of the inspection.
- The driver’s log is not current to the last change in duty status at the time of the inspection.
- The driver is operating over a limit or has operated over a limit in the past seven days.
- The driver has falsified a log entry.
The company (the carrier whose DOT number the driver was operating for) is responsible for making sure that:
- Drivers submit the completed logs within 13 days.
- Drivers are operating within the limits.
- Drivers are submitting logs that are true and correct (not false and containing all information).
- The logs are retained for 6 months.
To verify that drivers are obeying the hours-of-service regulations, the company must have a mechanism in place to verify compliance, and catch and prevent violations. This is referred to as a “safety management control.” The safety management control must at least be able to make sure that drivers are obeying the limits and not submitting false logs.
During the six months that the company must keep logs on file, the logs are subject to investigation by FMCSA safety investigators. The investigation involves:
- Checking form and manner (all required information is on all logs),
- Checking for compliance with the 11, 14, and 60/70 hour limits, and
- Comparing the logs to supporting documents (such as fuel receipts, toll receipts, inspection reports, accident reports, etc.) to verify that the logs have not been falsified.
Any violations discovered can result in the company being fined. In some cases, the driver may be fined for violations discovered during an investigation as well. If the violations are frequent and serious enough, the company may end up with a lowered safety rating, or worse, ordered out of service.
The company is also responsible for making sure that any assignment given to the driver can be completed legally. As the hours-of-service limits are what determine how many miles a driver can drive and how much work a driver can do, it is something that must be considered with every work assignment.
This great article was written by Tom Bray, editor in the Transportation Publishing Department of the Editorial Resource Unit at J.J. Keller & Associates, Inc, specializing in motor carrier safety and operations management. The article was originally posted on Truckinginfo.com.
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Driving Ambition is a premier CDL truck driver staffing company serving Indiana, Kentucky, Missouri, Ohio, and Tennessee. Since 2001, we have specialized in matching safe, experienced CDL drivers for our customers and great job opportunities for our professional truck drivers.
Our commitment to safety and building solid working relationships with both customers and CDL drivers has allowed us to earn an unparalleled reputation with our Proven Drivers and Exceptional Service.
This April marks the third year for National Distracted Driving Awareness Month.
Each day in the United States, more than 9 people are killed and more than 1,060 people are injured in crashes that are reported to involve a distracted driver. Distracted driving is any activity that could divert a person's attention away from the primary task of driving. All distractions endanger driver, passenger, and bystander safety. But, because text messaging requires visual, manual, and cognitive attention from the driver, it is by far the most alarming distraction.
Key Facts and Statistics
- In 2011, 3,331 people were killed in crashes involving a distracted driver, compared to 3,267 in 2010. An additional, 387,000 people were injured in motor vehicle crashes involving a distracted driver, compared to 416,000 injured in 2010.
- 18% of injury crashes in 2010 were reported as distraction-affected crashes.
- In the month of June 2011, more than 196 billion text messages were sent or received in the US, up nearly 50% from June 2009.(CTIA)
- 11% of all drivers under the age of 20 involved in fatal crashes were reported as distracted at the time of the crash. This age group has the largest proportion of drivers who were distracted.
- 40% of all American teens say they have been in a car when the driver used a cell phone in a way that put people in danger.(Pew)
- Drivers who use hand-held devices are 4 times more likely to get into crashes serious enough to injure themselves. (Monash University)
- Text messaging creates a crash risk 23 times worse than driving while not distracted. (VTTI)
- Sending or receiving a text takes a driver's eyes from the road for an average of 4.6 seconds, the equivalent-at 55 mph-of driving the length of an entire football field, blind. (VTTI)
- Driving while using a cell phone reduces the amount of brain activity associated with driving by 37%. (Carnegie Mellon)
Here's where your state stands on distracted driving:
To learn more about the DOT's efforts to stop distracted driving, please visit http://www.distraction.gov.
Click here to read more about what the FMCSA has to say about distracted driving.
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Driving Ambition is a premier CDL truck driver staffing company serving Indiana, Kentucky, Missouri, Ohio, and Tennessee. Since 2001, we have specialized in matching safe, experienced CDL drivers for our customers and great job opportunities for our professional truck drivers.
Our commitment to safety and building solid working relationships with both customers and CDL drivers has allowed us to earn an unparalleled reputation with our Proven Drivers and Exceptional Service.
The FMCSA is warning all motor carriers of another letter scam targeting their banking information. The most recent fraudulent letters started surfacing, largely by fax, around September 24, 2012.
The letters are asking recipients to provide bank account information on an “Authorization to Release Financial Information” form. The letter is typically signed by someone claiming to be a “Senior Procurement Officer” at DOT and appears on U.S. Department of Transportation (DOT) letterhead containing a Washington, D.C. address, but little other identifying information.
“Motor carrier officials and their employees, as well as government and law enforcement officials, should be vigilant and on the lookout for fraudulent attempts to gather financial data by fax, e-mail or telephone,” FMCSA said, warning companies to verify information about who is requesting the data before sending anything.
Any direct communication from DOT should always be accompanied with detailed contact information. In addition, DOT procurement representatives will only request financial information in reference to specific contracts awarded. DOT does not request financial information from prospective contractors wishing to submit a bid proposal or quote.
If you would like to report a fraudulent request for information to DOT, please contact the Office of Inspector General (OIG) Hotline here, or by calling (800) 424–9071. The OIG may also provide your information to the U.S. Secret Service office in DC.
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Driving Ambition is a premier CDL truck driver staffing company serving Indiana, Kentucky, Missouri, Ohio, and Tennessee. Since 2001, we have specialized in matching safe, experienced CDL drivers for our customers and great job opportunities for our professional truck drivers.
Our commitment to safety and building solid working relationships with both customers and CDL drivers has allowed us to earn an unparalleled reputation with our Proven Drivers and Exceptional Service.
DRIVE ON! The Challenging Road to Recovery is the theme for this year's Ohio Trucking Association (OTA) Annual Convention.
If you’re within 100 miles of Cincinnati September 16-18, this is a MUST ATTEND event. You’ll hear from the FMCSA Administrator Anne Ferro, receive updates on CSA, and get a “State of the Industry” from Dan England, Chairman of C.R. England, and this year’s ATA Chairman.
You don’t even have to be a member of the OTA to attend – in fact, it’s a great way for non-members to learn more about the Association before joining.
The 2-day event will be held at the Kingsgate Marriott Conference Center at the University of Cincinnati ($99/room rate). Registration for the Convention is only $295 (members) and $395 (non-members).
As an active member of the OTA, I highly recommend getting involved. Attending this year’s Convention is a great first step. The education, relationships, and political advocacy that the OTA provides make it an incredible value.
All OTA Convention materials are now available online. Follow these links to see more!
I hope to see you in The Queen City!
About the OTA
The OTA is a nonprofit, full-service trade association formed to promote and protect the interests of the trucking industry in Ohio. Membership includes over 800 company members, including both Ohio-based and non-domiciled carriers, and their suppliers.
The OTA staff provides updates on critical industry issues through regular communications, and serves as Ohio's only liaison between the industry and the Ohio Legislature and regulatory agencies.
The OTA also provides a forum where members can learn from other members' triumphs and mistakes. These forums include:
- An annual convention
- Regional meetings in your area
- Periodic seminars and workshops
- Monthly Safety & Maintenance Council meetings on topics your people need
- An annual Membership Directory listing all the information you need to contact other members
For more information about the OTA, visit www.ohiotruckingassn.org
Driving Ambition is a premier CDL truck driver staffing company serving Indiana, Kentucky, Missouri, Ohio, and Tennessee. Since 2001, we have specialized in matching safe, experienced CDL drivers for our customers and great job opportunities for our professional truck drivers.
Our commitment to safety and building solid working relationships with both customers and CDL drivers has allowed us to earn an unparalleled reputation with our Proven Drivers and Exceptional Service.
Earlier this month, President Obama signed the Highway Reauthorization bill known as Moving Ahead for Progress in the 21st Century Act, or MAP-21.
The fully-funded 27 month bill (running through the end of FY 2014) allows more than $100 billion to be spent on highway, mass transit, and other transportation programs. MAP-21 represents a bi-partisan compromise, ending nearly three years of deadlock and delay, with nine extensions, since the last comprehensive funding law expired in September 2009.
The bill stipulates that all federal taxes on diesel fuel and gasoline, and all excise taxes on trucks, tractors, and tires, will remain unchanged through September 30, 2016, and the Heavy Vehicle Use Tax will remain unchanged through September 30, 2017. In addition, the bill focuses on several significant changes to the FMCSA’s safety programs, including:
- 34-hour Restart Study – FMCSA must complete a field study by March 31, 2013 to determine the efficacy of the changes to the hours-of-service 34-hour restart provision, due to go into effect in July 2013. The language does not prohibit the agency from putting the restart changes into effect based on (or pending) the results of the study.
- Electronic Logs (EOBRs) – DOT must establish regulations mandating electronic logging devices within one year. This controversial issue was further complicated by the passing of a recent House amendment that would strip funding for the EOBR mandate. More to come on this topic in August.
- Drug and Alcohol Clearinghouse – Within two years, the DOT must establish, operate, and maintain a national clearinghouse to capture drivers’ positive drug/alcohol test results and records of refusals to test. Motor carriers will be required to query the clearinghouse when screening new driver applicants.
- Employer Notification System – Within one year, FMCSA must establish standards for state systems that automatically notify motor carriers of drivers’ moving violations, suspensions, etc. Motor carriers may use these systems to meet the current annual motor vehicle record review requirements. Within 2 years, FMCSA must develop recommendations, and a plan, for implementing a national system to perform these functions.
- New Entrant Testing and Audits – DOT must require new motor carriers entering the industry to complete a proficiency test on safety regulations and to complete a DOT safety fitness review within 12 months
- Broker Bond – The broker bond is increased to $75,000 and applies to freight-forwarders, as well.
- Freight Policy – A new National Freight Network is established, requiring DOT to create a national freight plan, which will include an assessment of the condition and performance of the national freight network and identification of highway freight bottlenecks
- Truck Size and Weight – There is no increase to the size and weight limits, other than an increase in allowable weight for idling reduction devices (from 400 lbs to 550 lbs). However, DOT is required to conduct a comprehensive size and weight study within two years, and to compile a list of the existing truck size and weight limit laws in every state.
The Commercial Vehicle Safety Alliance (CVSA) has prepared a section-by-section summary of the relevant trucking-specific portions of MAP-21. See it here.
Driving Ambition is a premier CDL truck driver staffing company serving Indiana, Kentucky, Missouri, Ohio, and Tennessee. Since 2001, we have specialized in matching safe, experienced CDL drivers for our customers and great job opportunities for our professional truck drivers.
Our commitment to safety and building solid working relationships with both customers and CDL drivers has allowed us to earn an unparalleled reputation with our Proven Drivers and Exceptional Service.
Trucking 2011: Year in Review - CSA, HOS, Distracted Driving, & more
As 2011 winds to a close, it proved to be another year full of safety and regulatory changes.
This special Year in Review segment highlights some of the articles from some of the most controversial and widely followed topics throughout the year.
We'll begin with Hours-of-Service (HOS) since this has been the most contested topic this year.
Hours of Service
• Happy Holidays! New Truck Driver HOS Rule expected by Christmas (12/05/2011)
• Final Truck Driver HOS Could Come Soon (11/10/2011)
• New Truck Driver HOS Deadline Looms – What’s Next? (10/20/2011)
• Truck Drivers’ Final HOS Rule Expected by October 28 (09/22/2011)
• FMCSA Delays Release of new Driver Hours-of-Service Rule (06/19/2011)
• FMCSA Publishes New Hours of Service Proposed Rule (01/16/2011)
Distracted Driving
• Final Rule Prohibits Hand-Held Cell Phone Use by CDL Truck Drivers (12/06/2011)
• Industry Awaits Final Rule to Ban Cell-Phone Use by CDL Drivers (11/09/2011)
• NTSB Recommends Complete Cell Phone Ban for Truck Drivers (09/22/2011)
• FMCSA Proposes Rule to Ban Hand-Held Cell Phone Use for Truck Drivers (01/17/2011)
Compliance, Safety, Accountability (CSA)
• CSA Report Reflects Positive Feedback from Trucking Industry (12/04/2011)
• CSA Study Reveals Strengths & Weaknesses (09/24/2011)
• Report Reveals Most Truck Drivers Lack CSA Understanding (08/22/2011)
Sleep Apnea
• FMCSA Receives Sleep Apnea Recommendation for Truck Drivers (12/08/2011)
• FMCSA Adds Sleep Apnea Page to Website (07/13/2011)
• FMCSA Considers New Information on Sleep Apnea & Diabetes (07/12/2011)
Driver Medical Certification
• Update to Truck Driver Medical Certificate Changes (12/05/2011)
Driver Shortage
• Many Trucking Companies Facing Driver Shortages (02/07/2011)
Drug & Alcohol Testing
• Pending Bill to Address Drug/Alcohol Testing of CDL Drivers (05/12/2011)
EOBRs / Electronic Logs
• FMCSA Proposes EOBR Mandate for All Interstate Truck Drivers (02/03/2011)
Various Safety
• Economy, Hours-of-Service, Driver Shortage Top Trucking Concerns (10/19/2011)
• CDL Drivers: Reduce Accidents with Safe Backing Procedures (07/16/2011)
• Roadcheck 2011 Shows CDL Driver Safety Continues to Improve (07/15/2011)
• Will the FMCSA Begin Ranking CDL Drivers? (07/14/2011)
• Top 10 Work Zone Safety Tips for CDL Drivers (04/17/2011)
• FMCSA Regulatory Update (03/05/2011)
• Video Interview: FMCSA Administrator Discusses Safety Strategy (03/05/2011)
• Winter Weather Truck Driving (01/04/2011)
Driving Ambition will continue to blog with updates on important safety and regulatory topics. You can also visit us on Facebook, LinkedIn, and Twitter for additional information.
Driving Ambition is a premier CDL truck driver staffing company serving Indiana, Ohio, Kentucky, and Tennessee. Since 2001, we have specialized in matching safe, experienced CDL drivers for our customers and great job opportunities for our professional truck drivers.
Our commitment to safety and building solid working relationships with both customers and CDL drivers has allowed us to earn an unparalleled reputation with our Proven Drivers and Exceptional Service.
In 2008, the FMCSA issued a final rule that changes the way states must verify the medical certification for commercial truck drivers who are renewing or applying for a CDL.
The purpose of the changes is to link the medical certificate to the CDL and include the driver medical record in the Commercial Driver’s License Information System (CDLIS), the federal electronic database. The new rule will help prevent medically unqualified drivers from operating on the Nation’s highways by providing state licensing agencies a means of identifying interstate CDL holders who are unable to obtain a medical certificate and taking action to downgrade their CDLs accordingly.
On November 15, 2011, the FMCSA published a final rule that extends the requirement that drivers maintain a copy of their medical certificate on their person. The requirement was originally scheduled to expire on January 30, 2012, but the extension was necessary because all states are not yet able to post the required data on the CDLIS driver record. Once all states are deemed in compliance, FMCSA will drop the requirement to keep paper copies of the medical examiner's certificate.
Starting January 30, 2012:
-
Drivers applying or renewing their CDL must certify with their State Driver License Agency (SDLA), or DMV, what interstate or intrastate driving category they fall under
-
Drivers applying or renewing their CDL under the non-exempted interstate category must provide an original or copy of their medical examiner’s certificate to their SDLA. Note: Current CDL holders don't need to have their medical certificate on file beginning on January 30, 2012, but will need to submit the first new one they receive after that date (no later than January 30, 2014)
- New: CDL drivers must continue to retain paper copies of their medical examiner's certificate until January 30, 2014
- New: Motor carriers are also required to retain copies of their drivers' medical certificates in their driver qualification files.
Prior to the extension, the rule stated that once the information is entered into CDLIS, truck drivers would not be required to present the valid medical card for inspections or employment since access to the information will be available electronically.
With the recent extension, CDL drivers will now need three copies of their medical certification: One on their person, one in their employer motor carrier's driver qualification file, and one deposited at the SDLA.
What remains to be seen is what will happen to medical certificates that are submitted to the SDLA after January 30, 2012, but before the State is ready to start processing them into CDLIS. There is no consensus thus far as to whether the State will refuse to accept them, accept them and discard them, or accept them and then enter them once they have the capability to do so.
Driving Ambition is a premier CDL truck driver staffing company serving Indiana, Ohio, Kentucky, and Tennessee. Since 2001, we have specialized in matching safe, experienced CDL drivers for our customers and great job opportunities for our professional truck drivers.
Our commitment to safety and building solid working relationships with both customers and CDL drivers has allowed us to earn an unparalleled reputation with our Proven Drivers and Exceptional Service.
The FMCSA failed to meet its court imposed October 28, 2011 deadline for publishing a final rule on Hours-of-Service (HOS). Now the FMCSA has extended the deadline, indicating it will file a status report on the rulemaking with the court by November 28, 2011.
Although the FMCSA indicated that it will “continue to work toward publishing a final rule as quickly as possible”, it is unclear whether the FMCSA intends to publish the rule by November 28 or simply provide the court with an update on the rule - thus delaying publication of a final rule beyond November.
On Tuesday, November 1, the Department of Transportation (DOT) officially transmitted FMCSA’s final draft of the rule to the White House’s Office of Management and Budget (OMB) for review. This is the last step in the government’s regulatory process and can normally last between 30 and 90 days.
There is no guarantee that OMB will simply sign off on the final rule as submitted by the FMCSA. It is not uncommon for OMB to return a rule for modification, which can add more time to the process. Once OMB has signed off on the rule, it will return to the DOT before it is published in the Federal Register.
While the rule is at OMB, it is not available to public view or inspection. The only information provided to the public is:
“This rulemaking would propose changes to the hours of service requirements for drivers operating a commercial motor vehicle transporting property. The requirement for this rulemaking was established on Oct. 26, 2009, when Public Citizen et al. (petitioners) and FMCSA entered into a settlement agreement under which petitioners´ petition for judicial review of the Nov. 19, 2008, final rule on drivers´ hours of service will be held in abeyance pending the publication of an NPRM reevaluating the hours of service rule.”
This isn’t the first time HOS has been involved with litigation forcing a redraft. Click here to see a timeline that led up to the most recent lawsuit (Courtesy of Jami Jones, Land Line Senior Editor.)
Driving Ambition is a premier CDL truck driver staffing company serving Indiana, Ohio, Kentucky, and Tennessee. Since 2001, we have specialized in matching safe, experienced CDL drivers for our customers and great job opportunities for our professional truck drivers.
Our commitment to safety and building solid working relationships with both customers and CDL drivers has allowed us to earn an unparalleled reputation with our Proven Drivers and Exceptional Service.
With so much attention on the final rule to change truck drivers’ hours-of-service (HOS), a slightly less contentious issue is also in the hands of the White House’s Office of Management and Budget (OMB): the proposed rule to ban cell-phone use by commercial drivers.
Unlike HOS reform, the proposed cell-phone ban is expected to move through the OMB review process more swiftly.
According to the FMCSA’s submitted abstract, this rulemaking “would restrict the use of mobile telephones while operating a commercial motor vehicle.” In addition, the rulemaking addresses a safety recommendation on the National Transportation Safety Board’s “Most Wanted List”.
Many in the trucking industry have asked for the distinction between the use of handheld and hands-free mobile devices, arguing that hands-free use does not elevate crash risk, and perhaps even reduces it.
NTSB acknowledged that the recommendation to ban all cell phone use – including hands-free devices – may not be popular. According to NTSB Chairman Deborah Hersman, “We’re not here to be popular. We’re here to do what needs to be done.”
This is another step in the Department of Transportation’s ongoing national effort to curb distracted driving. Late last year, a rule that bans the specific act of texting while operating a commercial motor vehicle was finalized and became law.
For more information on DOT’s efforts to reduce driver distraction, please visit www.distraction.gov.
Driving Ambition is a premier CDL truck driver staffing company serving Indiana, Ohio, Kentucky, and Tennessee. Since 2001, we have specialized in matching safe, experienced CDL drivers for our customers and great job opportunities for our professional truck drivers.
Our commitment to safety and building solid working relationships with both customers and CDL drivers has allowed us to earn an unparalleled reputation with our Proven Drivers and Exceptional Service.
The past month has provided the trucking industry with plenty of drama surrounding a pending Hours of Service (HOS) rule change. As the agreed upon deadline continues to draw nearer, there have been numerous conflicting reports on whether the deadline will be met and whether we’ll actually even see a change of any significance.
October 28 Deadline
The FMCSA has yet to budge from the October 28 deadline to publish a new HOS rule for truck drivers. The regulatory process requires the rule to be vetted by the White House Office of Management and Budget (OMB), which can take as long as 60-90 days to review a rulemaking and make recommendations for changes. As of October 20, the new rule has not yet been sent to OMB for review.
Some believe that DOT and OMB have been in constant conversation concerning the final rule. However, at this point, it’s hard to believe we’ll see a new rule on or before October 28, even though the OMB has agreed to “fast track” the new rule. In a recent statement, FMCSA Administrator Anne Ferro indicated that they are still working toward meeting the deadline: “OMB has its review process that it has to go through…we’re all working to get a final rule as close as we can to October 28.”
Letter-Writing
The proposed HOS rule has been a political “hot potato”. Members of the Republican Party have been vocal in their opposition to the HOS rule, whereas Democrats have been generally supportive.
Republican leaders in the U.S. House of Representatives have asked President Obama to withdraw the administration’s proposed changes to the hours-of-service rules for commercial drivers. House Speaker John Boehner (R-OH) and Majority Leader Eric Cantor (R-VA), in an Oct. 5 letter, asked President Obama to withdraw the pending rewrite and stick with the current rules. This followed an even stronger letter by Rep. John Mica (R-FL), Chairman of the House Transportation & Infrastructure Committee, warning that the Committee will challenge any changes to the current rules.
Not to be outdone, highway safety advocates and the Teamsters Union have joined in the letter-writing campaign, asking President Obama to “expeditiously move forward” on the new HOS rule. Their Oct. 7 letter said the “proposed HOS reform rule will have an overdue and positive impact on highway safety, create more industry jobs, and improve the overall health of truck drivers.” In addition, the letter stated that the proposed rule will save the American public more than $2 billion.
Amendment
Senator Kelly Ayotte (R-NH), a member of the Senate Commerce, Science and Transportation Committee, recently introduced an amendment to the fiscal 2012 transportation spending bill that would cut off funds to enforce or implement the new HOS rule. The Ayotte amendment to HR2112 would ensure that none of the funds be used to “finalize, enforce or implement the hours-of-service regulations proposed by the FMCSA on December 29, 2010.”
Sen. Ayotte labeled the effort to rewrite the HOS rule as "yet another heavy-handed federal regulation that would disrupt business operations and increase costs for the trucking industry and consumers”.
More Letter-Writing
In response to the amendment, DOT Secretary Ray LaHood sent a letter to Sen. Ayotte urging her not to pursue the amendment.
The contents of LaHood’s letter hint at significant changes to HOS: “This administration is in the final stages of issuing a final rule that will address the critical safety issues of the rules governing work hours for professional truck drivers. In the interest of highway safety, I urge you not to introduce this amendment.” The letter went on to state that, “the amendment would prevent the FMCSA from applying the most comprehensive and up-to-date data and analysis to the issue of driver fatigue and allowable hours of service.”
LaHood said the final rule would give some carriers “new operational flexibility,” and any “disruption to the regulatory process would sacrifice those benefits...the final rule, if put in jeopardy, potentially undermines the entire regulatory process.”
What’s Next?
If LaHood’s letter is any indication, it appears we’ll be seeing unwelcome HOS changes. However, with the Oct. 28 deadline rapidly approaching, it seems that the earliest the HOS rule will be published is sometime late in 2011. Once the rule is published, there will likely be an implementation delay of perhaps 3-6 months to allow carriers, drivers, shippers and enforcement officials to readjust their schedules and compliance programs. Of course, it is also likely that the final rule will be challenged in federal court (the rule has already been challenged in court three times since 2003). The court of appeals may issue of a stay of any changes in the rule until the court can decide the merits of the appeal.
Stay Tuned!
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