Dean & Fulkerson
801 W. Big Beaver Road
Troy, Michigan 48084
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FMCSA Releases Proposed Hours-of-Service Rules
On Thursday, December 23, 2010, the Federal Motor Carrier Safety Administration released its proposed amendments to the Hours-of-Service Rules.
Below is a table, prepared by the agency, providing the FMCSA's view of the impact of the proposed amendments:
|PROVISION||CURRENT RULE||PROPOSED RULE||NOTES|
|"DAILY" DUTY PERIOD|
|Off-duty period||10 consecutive hrs.||No change|
|"Driving Window"||For most drivers, 14 consecutive hrs. (may continue on-duty/not driving after 14 hrs.);
"Regional" allowed one 16-hr. period "weekly" but release from duty required after 16 hrs;
Non-CDL w/i 150 miles allowed two 16-hr. periods "weekly" (may continue on-duty/not driving after 16 hrs.).
|For all property-carrying CMV drivers(unless excepted):
14 consecutive hrs. with release from duty required at end of driving window;
16 consecutive hrs. no more than twice "weekly" with release from duty required at end of driving window.
|Any on-duty time after 14th hour constitutes use of a 16-hr. period.|
|Max. on-duty within driving window||Normally 14 hrs; 16 hrs. once per week for "regional" drivers; 16 hrs. twice per week for non-CDL w/i 150 miles.||13 hrs.||Proposal not applicable to non-CDL 150 mile short-haul drivers. 13 hrs. during 14- or 16-hour driving windows for others.|
|Max. driving within driving window||11 hrs.||10 or 11 hrs. (Both being considered)|
|Limit on consecutive hours of driving||None||May drive only if it has been 7 hours or less since last off-duty period of at least 30 minutes||Proposal not applicable to non-CDL 150 mile short-haul drivers.|
|"WEEKLY" DUTY PERIOD|
|Max. on-duty hours||60 hrs. in 7 days/ 70 hrs. in 8 days||No change|
|"Restart"||34 consecutive hrs.||See "limits on restarts" below.|
|Limits on Restarts||None||(1) Must include two periods between Midnight-6 a.m.;
(2) May only be used once per week.
|Driver must designate the period being used as a restart|
|When used as substitute for 10 consecutive hrs. off duty||Two periods: One at least 8 consecutive hrs. in SB; other at least 2 hrs. SB or off-duty. The shorter period does NOT extend the driving window.||Continue 8/2 hr. periods, but apply same new driving, on-duty, and duty-period limits as proposed for non-SB drivers.|
|DEFINITION OF ON-DUTY TIME|
|On-duty time||Includes any time in CMV except sleeper-berth.||Does not include any time resting in a parked CMV. In moving CMV, does not include up to 2 hrs. in passenger seat immediately before or after 8 consecutive hrs. in sleeper-berth.||Also applies to passenger-carrying drivers.|
|Oilfield exemption||"Waiting time" for certain drivers at oilfields (which is off-duty but does extend 14-hr duty period) must be recorded and available to FMCSA, but no method or details are specified for the recordkeeping.||"Waiting time" for certain drivers at oilfields must be shown on RODS or electronic equivalent as off duty and identified by annotations in "remarks" or a separate line added to "grid."||"Waiting time" is not included in on-duty time or the calculation of the 14 or 16-hr. driving window.|
In its press release, the FMCSA indicates that the rulemaking will be published on December 29, and that there will be a 60 day comment period. Feel free to contact D&F's Transportation and Logistics Law group with any questions or you may have regarding these proposed amendments.