The Federal Motor Carrier Safety Administration (FMCSA) has proposed major changes to the trucking hours-of-service (HOS) regulations, which if implemented would give carriers and drivers more flexibility in how they operate.
The long-awaited proposal resulted from operational restrictions caused by the electronic logging device (ELD) mandate that went into effect between December 2017 and April 2018.
“This proposed rule seeks to enhance safety by giving America’s commercial drivers more flexibility while maintaining the safety limits on driving time,” commented U.S. Transportation Secretary Elaine L. Chao in unveiling the changes on August 14.
“We listened directly to the concerns of drivers for rules that are safer and have more flexibility – and we have acted,” commented FMCSA Administrator Ray Martinez. “We encourage everyone to review and comment on this proposal.”
The rulemaking seeks public comment on five key changes to the regulation:
- Increasing flexibility for the 30-minute break rule by tying the break requirement to eight hours of driving time without an interruption for at least 30 minutes, and allowing the break to be satisfied by a driver using on-duty, not driving status, rather than off-duty.
- Modifying the sleeper-berth exception to allow drivers to split their required 10 hours off duty into two periods: one period of at least seven consecutive hours in the sleeper berth; and the other period of not less than two consecutive hours, either off duty or in the sleeper berth. According to the proposal, neither period would count against the driver’s 14‑hour driving window.
- Allowing one off-duty break of at least 30 minutes, but not more than three hours, that would pause a truck driver’s 14-hour driving window, provided the driver takes 10 consecutive hours off-duty at the end of the work shift.
- Modifying the adverse driving conditions exception by extending by two hours the maximum window during which driving is permitted.
- Changing the short-haul exception by lengthening the drivers’ maximum on‑duty period from 12 hours to 14 hours and extending the distance limit within which the driver may operate from 100 air miles to 150 air miles.
In noting that the proposed changes are also meant to improve safety, FMCSA pointed out that the operational flexibility provided by the changes would provide an estimated $274 million in savings for the U.S. economy and American consumers. In addition, the rule changes “would not increase driving time and would continue to prevent [commercial drivers] from driving for more than eight consecutive hours without at least a 30-minute change in duty status,” according to the agency.
The American Trucking Associations (ATA) praised the government’s initiative to consider revisions to the current rules. “We look forward to studying and understanding how these proposed changes will impact our industry so we can provide relevant data and information to strengthen and support a good final rule that bolsters safety and provides drivers needed flexibility,” said ATA President Chris Spear said in a statement.
A public comment period will be open for 45 days after the proposed rulemaking is published in the Federal Register.
chris
I can’t wait for the industry to be entirely operated remotely by remote controlled vehicles.
Wayne
What a joke… they have no business trying to tell us how we should work when they have never done our job.. they dont have a clue and only listen to the people with the big money..
Davwe Benesh
Nice try FMCSA. You didn’t listen when we said … “DUMP THE 30 MINUTE BREAK”.
The only relevant part of that is stopping the clock and re-gaining that 30 minutes but NOTHING pisses me off more than having an 8.5 hour run and having to extend it to 9 hours!
Now you have a pissed off trucker hauling 80,000 lbs and just wants to get done!
Joshua Gray
Honestly I don’t mind the rules the way they stand the 30 minute rule doesn’t bother me I use that 30 minutes waiting to get fuel or stopping at rest area to pee and walk around and stretch…. The one thing I wish would change is the 34 hour restart.. what sense does it make for a company driver or an owner op to just sit at a truck stop for 34 straight hours. Let’s say I didn’t drive and I had 2 full time jobs at home do you think anyone cares that I work 75-80 hours every week with no days off no they do not. I am an owner op and wish they would just let me drive no more then 11 hours everyday because when I leave home all I want to do is get back safely and not be forced to sit waiting for a reset especially in the north east or California with the strict idle laws… how come I never hear anyone complain about the reset everyone just complains about the rest break?
Danno McCabe
You so right, that 34 hour reset is really inconvenient most of the time. Especially when you have to take it away from home. All it does is take money & time & freedom to run our own plan away from us!
Jennifer L Johnson
Ok i haven’t benn ouy here as long as some of u 15 yrs but i grew up w a trucker dad then i married 1 now im 1 i hate the stupif eld s and all of it let us go back to paper logs we are geown a$@ed adults and i for 1 detest having to basically tell a damned machine ever time i stop and pee or get a drink or anything i feel like i kid raising my hand to ask to go potty
Michael Fisher
I am a “local” company driver in the food service industry. Maybe I’m in the minority, but I happen to love the ELD’s and don’t think any rules should be relaxed or rolled back. I also have no problem reverting to a paper log should my ELD malfunction, which has happened only twice in the last 7 years. My company started using them long before the mandate.
My opinion is that anyone who decries the ELD just wants to cheat. Proper routing and time management is all that is needed to be sure you are in a good spot to take a break and get your day done.
I wish the regulations were not designed so much for just OTR. I don’t have any real wait time for my deliveries like people who have to wait at warehouses, and very few of my deliveries are pallet drops. I have to scan every label on every case and hand truck everything into greasy kitchens, freezers, refrigerators and down to basements. I lift and manually deliver approximately 15,000 and more every day to up to around 12 Stops, and drive 150-350 miles a day. Shouldn’t that require a different HOS,allotment?
NATAS0944
Your an idot.
Danno McCabe
Yes it should allow you a different HOS. Nice hard work you do, I am impressed.
RandyJaramillo
Honestly, it is not the ELD (electronic logging device), that is the problem here. It is the mandate of HOS that is the problem. While I commend you on your hard work as a local driver, HOS doesn’t effect you at all. As a Flatbed long hauler, it effects me greatly. I shouldn’t be told when I can or when I can’t drive. Does the government tell you when you can drive your POV? The real problem is that we have let the government take too much control. We need to take it back. That’s the real issue.
David
Reading all of this proves there are many different scenarios for truck driving. Trying to find the correct HOS rules for everyone couldnot be accomplished and to include proper training for 4 wheelers. Our Federal and State government could do a %100 beter job at TRANSPORTATION ON OUR ENTIRE ROAD SYSTEM if they would spend as much time enforcing the rules established for 4 wheelers, re-establishing the rules for Truck drivers from the ground up. Two seperate sets of rules for local-air radius drivers and O.T.R. drivers. Those who start and stop same terminal everyday and those who do not. Again, many different scenarios for all the different transportation needs of our transportation industry across america. Specific rules for each category of truck transportation. Not 1 generic set of rules.
Lawrence
Driving against a clock is ludicrous. Government bottom feeders dictating. Almost had my first serious accident racing the clock in the driving rain. Let’s muck up a rediculous system even more!
Danno McCabe
I understand what u say Lawrence, I have had some stress to in racing against the clock as well. Upon reflection I decided that plan ahead to stop and if you leave unfinished minutes plus to burn out after you stop at a rest area or truck stop then so be it. It will not make u nor break u. However if u have an accident racing tbe clock then that could break you.
Larry
The Government is LIKE DENSE FOG, BLIND IN ONE EYE AND CAN’T SEE OUT THE OTHER !!! THE ATA AND FMSCA ARE PATTING EACH OTHER BUTT CHEEKS !!!@