FMCSA has 4 New HOS Rules
New HOS Rules: Key Changes and Implications
The September 29, 2020 changes released by the FMCSA have been challenging for the trucking industry to adapt to. The Department of Transportation
(DOT) has relaxed the hours of service (HOS) regulations, a move that was unforeseen by many in the industry. As a result, trucking companies and drivers are still scrambling to research, read, and absorb all the legal jargon associated with these new rules.
Background
The trucking industry has long been governed by stringent HOS regulations aimed at ensuring drivers do not operate vehicles while fatigued. These regulations set limits on driving hours and mandated rest periods to enhance road safety. However, the new HOS rules introduced by the FMCSA aim to provide greater flexibility while maintaining safety standards.
Key Changes in the New HOS Rules
- Short-Haul Exception:
- The maximum on-duty period for short-haul drivers has been extended from 12 to 14 hours.
- The distance limit for short-haul drivers has increased from a 100-air-mile radius to a 150-air-mile radius.
- 30-Minute Break Requirement:
- Drivers are now required to take a 30-minute break after 8 hours of driving time instead of on-duty time.
- The break can be satisfied by any non-driving period, including on-duty not driving, off-duty, or sleeper berth time.
- Sleeper Berth Provision:
- Drivers can split their required 10 hours off duty into two periods: one period of at least 7 consecutive hours in the sleeper berth and another period of at least 2 consecutive hours off duty or in the sleeper berth.
- Neither period counts against the 14-hour driving window.
- Adverse Driving Conditions Exception:
- The driving window during adverse conditions has been extended by up to 2 additional hours.
- This applies to situations where unforeseen weather or traffic conditions make it unsafe to continue driving.
Implications for the Trucking Industry
- Increased Flexibility: The new HOS rules provide more flexibility for drivers to manage their schedules. This is particularly beneficial for short-haul drivers who can now operate within a larger radius and longer on-duty periods.
- Safety Concerns: While the intent is to offer flexibility, there are concerns about potential impacts on road safety. Ensuring that drivers do not abuse the extended hours and continue to prioritize rest will be crucial.
- Operational Adjustments: Trucking companies will need to update their operational protocols to comply with the new rules. This includes training drivers on the new regulations, updating electronic logging devices (ELDs), and revising scheduling practices.
Practical Steps for Compliance
- Educate Drivers: Conduct training sessions to ensure all drivers understand the new HOS rules and how to comply with them.
- Update ELDs: Ensure that electronic logging devices are updated to reflect the changes in HOS regulations.
- Revise Schedules: Adjust driver schedules to take advantage of the increased flexibility while ensuring compliance with safety standards.
- Monitor Compliance: Implement robust monitoring systems to ensure that drivers adhere to the new rules and do not exceed allowable driving hours.
Preparing for the Transition to New HOS Rules
The new HOS rules mark a significant shift in the regulatory landscape for the trucking industry. While they offer increased flexibility, it is essential for trucking companies to carefully navigate these changes to maintain safety and compliance. By understanding the key changes and taking proactive steps to educate drivers and update operational practices, the industry can adapt to these new regulations effectively.
The docket outlining the final ruling has been released, and the revised HOS regulations will become effective on September 29, 2020. Trucking companies should use this time to familiarize themselves with the new rules and prepare for a smooth transition.
The new HOS rules represent a balancing act between flexibility and safety. By leveraging the extended driving windows and relaxed break requirements, drivers can achieve more efficient operations. However, the industry’s commitment to safety must remain unwavering to ensure that these benefits do not come at the cost of increased fatigue and accidents on the road.
What Are the New HOS Rule Changes?
Pages 8-9 of the final ruling state the changes will include: The 30-minute Break, Introducing the 7/3 Split, Adverse Driving Conditions Exception, and the Short-haul Exception.
Short-haul Rules
The Hours of Service (HOS) regulations have been crucial in ensuring the safety and well-being of commercial drivers and the general public. These rules are designed to prevent driver fatigue, which can lead to accidents and other safety issues. Recently, there have been significant revisions to the short-haul exemption under the New HOS Rules, aimed at providing more flexibility for drivers while maintaining safety standards.
Previous Short-Haul Rules
Under the previous regulations, drivers using the short-haul exemption were required to adhere to the following conditions:
- Air-Mile Radius: Drivers had to operate within a 100 air-mile radius from their work reporting location.
- Maximum Duty Hours: Drivers could not be on duty for more than 12 hours in any given day.
These rules were put in place to ensure that short-haul drivers, who typically make frequent stops and drive shorter distances, were not overworked and could maintain a high level of alertness throughout their shifts.
Revisions Under the New HOS Rules
The New HOS Rules have introduced several changes to the short-haul exemption, primarily aimed at increasing the allowable distance and duty hours for short-haul drivers. The key revisions include:
- Extended Air-Mile Radius:
- The radius within which short-haul drivers can operate has been extended from 100 to 150 air miles. This change allows drivers to cover a larger area without having to adhere to the more stringent long-haul regulations.
- For example, a driver based in Los Angeles can now cover areas as far as San Diego and Bakersfield without exceeding the short-haul radius.
- Increased Maximum Duty Hours:
- The maximum duty period allowed for short-haul drivers has been increased from 12 hours to 14 hours. This extension provides drivers with more flexibility to complete their routes and daily tasks without violating HOS regulations.
- For instance, a driver who starts their shift at 6:00 AM can now be on duty until 8:00 PM, allowing for a more extended workday.
- Applicability Based on Duty Days:
- The New HOS Rules specify that short-haul drivers within a 150-mile radius cannot drive beyond the 14th or 16th on-duty hour, depending on the number of days they have been on duty.
- Drivers who work five or fewer days in a week can drive up to the 14th on-duty hour, while those working more than five days can extend their driving time to the 16th on-duty hour.
Benefits of the New HOS Rules
The revisions to the short-haul exemption under the New HOS Rules offer several benefits:
- Increased Flexibility: Drivers can cover more ground and have more time to complete their tasks, reducing the pressure to rush and potentially increasing overall safety.
- Improved Efficiency: Companies can optimize their delivery routes and schedules, leading to better resource utilization and cost savings.
- Better Work-Life Balance: Drivers can manage their schedules more effectively, potentially reducing the stress associated with tight time constraints.
Considerations and Compliance
While the New HOS Rules provide greater flexibility, it is essential for drivers and employers to remain vigilant about compliance. Key considerations include:
- Accurate Record-Keeping: Drivers must maintain accurate records of their duty hours and distances traveled to ensure they remain within the allowable limits.
- Regular Training: Employers should provide ongoing training to drivers about the New HOS Rules and the importance of adhering to safety regulations.
- Monitoring and Enforcement: Companies should implement monitoring systems to track driver activity and ensure compliance with HOS regulations.
Impact of the New HOS Rules on Short-Haul Drivers
The New HOS Rules represent a significant shift in the regulatory landscape for short-haul drivers, offering increased flexibility and potential benefits for both drivers and companies. By extending the air-mile radius and maximum duty hours, the revisions aim to strike a balance between operational efficiency and driver safety. However, it is crucial for all stakeholders to prioritize compliance and safety to fully realize the advantages of the New HOS Rules.
The 30-minute Break
With the implementation of the New HOS Rules, drivers are still mandated to take a 30-minute break after being on duty for 8 consecutive 
hours. However, there have been significant changes to how this break can be taken compared to the previous regulations. Under the old rules, the break was only considered valid if the driver was in an off-duty status, such as being off-duty or in the sleeper berth. Now, under the New HOS Rules, the break is considered valid even during on-duty functions, as long as the driver is not actively driving.
This change provides more flexibility for drivers in managing their time and complying with the regulations. Drivers can now legally take a 30-minute DOT break while engaging in various non-driving tasks, including:
- Waiting in line at the shipper/receiver
- Fueling or waiting in line at the fuel pump
- Co-driver sitting in the passenger seat
- Filling out paperwork
- Loading/Unloading/Lumping
The key to utilizing this break under the New HOS Rules is to switch the status to “On Duty – Not Driving.”
Key Points of the New HOS Rules:
- Break Requirement:
- Drivers must take a 30-minute break after 8 consecutive hours on duty.
- The break can now be taken during on-duty activities.
- Eligibility of Break Activities:
- Previously, breaks were only valid if the driver was off-duty.
- Under the New HOS Rules, breaks can be taken during non-driving on-duty tasks.
- Examples of Valid Break Activities:
- Waiting in Line at Shipper/Receiver: Time spent waiting for loading or unloading counts towards the break.
- Fueling: Time spent fueling or waiting in line at the fuel pump is included.
- Co-driver in Passenger Seat: If a team driver is sitting in the passenger seat, this time can be used for the break.
- Paperwork: Time spent filling out necessary paperwork is valid.
- Loading/Unloading/Lumping: Activities related to loading or unloading the truck are acceptable.
Benefits of the New HOS Rules:
- Increased Flexibility: Drivers can manage their time more efficiently by taking breaks during various on-duty tasks.
- Reduced Pressure: The ability to take breaks while on duty reduces the pressure to find a safe place to park for an off-duty break.
- Enhanced Compliance: Simplified rules make it easier for drivers to comply with HOS regulations without interrupting their workflow.
Practical Application of the New HOS Rules:
- Scenario 1: A driver arrives at a shipping facility and needs to wait in line for loading. Under the New HOS Rules, the driver can switch their status to “On Duty – Not Driving” and use this waiting time as their 30-minute break.
- Scenario 2: While refueling the vehicle, the driver can switch to “On Duty – Not Driving” and count the time spent fueling as part of their break.
- Scenario 3: A team driver is sitting in the passenger seat while the co-driver is driving. The time the co-driver spends in the passenger seat can be counted towards their 30-minute break.
By understanding and applying the New HOS Rules, drivers can better manage their time, reduce stress, and ensure compliance with federal regulations. The flexibility provided by these new rules supports drivers in maintaining productivity while adhering to mandatory rest periods, ultimately contributing to safer and more efficient transportation operations.
For further details and examples, drivers are encouraged to consult the official FMCSA guidelines and stay updated on any future changes to the HOS regulations.
Sleeper Berth Provision also Known as The 7/3 Split Explained
The 8/2 split rule is just as complicated as it is helpful. This new HOS ruling expands a driver’s resting options. In addition to the typical 10-
hour break or 8/2 split, the FMCSA is introducing the 7/3 split.
The new 7/3 split rule works the same as the 8/2 split. It takes some drivers years to master the concept. Here is a simplified overview:
Truck drivers can be on duty for 14 hours a shift. Only 11 hours of that can be drive time. Once they have reached 11 hours of driving or 14 hours since their day started (whichever comes first), they must go off duty for at least 10 hours.
Every driver should know this rule by heart. And most stick to this schedule day in and day out.
But what happens if your delivery time is outside your 14-hour window?
Let’s say a driver starts his shift at 10 am. It is 14 hours until midnight. If he drives 11 hours before midnight, he must stop for 10 hours.
But what if his delivery is scheduled for 2 am? He will be on break; he won’t be able to deliver on time. Unless he uses the new 7/3 split.
So, our driver begins his shift at 10 am, drives a total of 8 hours and arrives at his destination city at 6 pm. That’s too early to deliver but he does not have time to take a full 10-hour break.
With the new rule, the driver must go into the sleeper berth for a full 7 hours. When he wakes up, he can use all the on-duty time that was left over from before his break.
After completing his on-duty functions, he must go back into an off-duty status for at least 3 hours to complete his 10-hour break.
Comprehensive Expansion on New HOS Rules
The Federal Motor Carrier Safety Administration (FMCSA) has introduced new Hours of Service (HOS) rules, including the 7/3 split rule. These New HOS Rules provide more flexibility for truck drivers in managing their rest periods and work schedules. Here, we will delve into the key points and main ideas of the 7/3 split rule, while ensuring a comprehensive overview that is easy to understand.
Key Points of New HOS Rules:
- Understanding the 7/3 Split Rule:
- The 7/3 split rule allows drivers to split their required 10-hour off-duty period into two segments: 7 hours in the sleeper berth and 3 hours off-duty.
- This rule provides an alternative to the traditional 10-hour continuous break and the existing 8/2 split.
- 14-Hour Duty Window:
- Truck drivers are allowed to be on duty for a maximum of 14 hours in a shift.
- Out of these 14 hours, only 11 hours can be dedicated to driving.
- Mandatory Off-Duty Periods:
- Once drivers reach the limit of 11 hours of driving or 14 hours on duty, they must take at least a 10-hour off-duty break.
- The new 7/3 split rule provides a flexible way to fulfill this requirement.
Practical Application of the 7/3 Split Rule:
Scenario Example:
- A driver begins their shift at 10 am and drives for a total of 8 hours, arriving at their destination city by 6 pm.
- The delivery is scheduled for 2 am, which is outside the 14-hour duty window.
- Using the new 7/3 split rule, the driver takes a 7-hour sleeper berth break from 6 pm to 1 am.
- After waking up, the driver can use the remaining on-duty time left before the break.
- The driver then completes the delivery and takes an additional 3-hour off-duty break to fulfill the 10-hour requirement.
Benefits of the New 7/3 Split Rule:
- Increased Flexibility:
- The new rule allows drivers to manage their schedules more effectively, especially when delivery times fall outside the standard duty window.
- It accommodates unexpected delays and helps drivers to avoid violations of the HOS regulations.
- Enhanced Safety:
- By providing more options for rest periods, the new HOS rules aim to reduce driver fatigue and enhance road safety.
- Drivers can take shorter, more frequent breaks, leading to better rest and alertness.
- Improved Efficiency:
- The new 7/3 split rule can lead to more efficient delivery schedules, minimizing downtime and maximizing productivity.
- It allows drivers to adapt to varying delivery times without compromising on mandatory rest periods.
Benefits of the New HOS Rules:
The New HOS Rules, including the 7/3 split, are designed to offer greater flexibility and improve overall efficiency in the trucking industry. By understanding and implementing these rules, drivers can manage their schedules more effectively, enhance safety, and ensure compliance with FMCSA regulations. The 7/3 split rule, in particular, provides a practical solution for drivers facing delivery schedules that fall outside the standard 14-hour duty window, ultimately contributing to a more efficient and safer transportation system.
Confusing, right?
In essence, a split will pause the 14-hour on-duty window. When he comes back on duty, he will only have the leftovers from before his 7-hour break. So, if he drove 8 out of 11 hours, after the 7-hour break he can drive the remaining 3 hours.
When he comes out of the sleeper, the 14 starts running again. Since he was on-duty for 8 hours before the 7-hour break, his 3 hours of drive time must be used before his total 14 runs out. He would have 6 hours on duty to get in 3 hours of driving.
After 7 hours in the sleeper:
14 Total – 8 On-duty = 6 On-duty hours left at stop.
11 Drive – 8 drive = 3 Drive hours left at stop.
Must go back off duty for at least 3 hours to complete the break.
Modified Adverse Driving Conditions Exception
The Federal Motor Carrier Safety Administration (FMCSA) introduced modifications to the Hours of Service (HOS) rules, commonly
referred to as the “New HOS Rules.” One significant change includes the Modified Adverse Driving Conditions Exception, which allows drivers to extend their driving time under specific conditions.
Key Points of the New HOS Rules:
- Additional Driving Hours: Under the New HOS Rules, drivers can now extend their driving time by two extra hours if they encounter adverse driving conditions. This extension is applicable to both freight-carrying and passenger-carrying commercial motor vehicles (CMVs).
- 14-Hour Window: The extended driving time must still fall within the standard 14-hour window. This means that drivers can drive up to 13 hours within this period if they qualify for the exception.
- Mandatory Breaks: The New HOS Rules mandate that the 30-minute break requirement remains in effect. The extension for adverse driving conditions does not negate the need for this break.
- Weekly Driving Limits: The exception does not extend the 60-hour or 70-hour weekly driving limits. Drivers can only use the additional time if they have available hours on their DOT clock.
- Rest Requirements: After utilizing the exception, drivers must take a full 10-hour break. Splitting rest hours is not allowed under this exemption.
Adverse Driving Conditions Examples:
The FMCSA provides clear examples of situations that qualify for the Modified Adverse Driving Conditions Exception under the New HOS Rules:
- Natural Disasters:
- Sinkholes
- Downed powerlines
- Traffic Incidents:
- Traffic accidents causing road closures
- Sudden Weather Changes:
- Unexpected tornadoes
- Unforecasted snow or fog
Examples That Do Not Qualify:
Certain scenarios do not meet the criteria for the Modified Adverse Driving Conditions Exception:
- Predictable Weather:
- Weather conditions known before the trip or discoverable through planning
- Snowstorms in predictable regions (e.g., winter in North Dakota)
- Routine Traffic:
- Normal rush hour traffic jams
- Operational Delays:
- Loading and unloading delays
Logging and Compliance:
To comply with the New HOS Rules, drivers taking advantage of the 395.1 Adverse Driving Conditions Exception must log this exception. Accurate logging ensures adherence to FMCSA regulations and provides clarity in case of inspections or audits.
Summary of the New HOS Rules Impact:
The New HOS Rules aim to provide flexibility for drivers while ensuring safety and regulatory compliance. By extending driving time under specific adverse conditions, drivers can better manage unforeseen delays and maintain delivery schedules. However, strict adherence to rest requirements and weekly driving limits is crucial to prevent fatigue and ensure road safety.
Implementation and Best Practices:
To effectively implement the New HOS Rules, drivers and fleet managers should:
- Stay Informed: Regularly review weather forecasts and traffic reports to anticipate potential adverse conditions.
- Plan Ahead: Incorporate potential delays into trip planning to minimize the need for the exception.
- Log Accurately: Ensure all driving hours and exceptions are meticulously logged to comply with FMCSA regulations.
- Educate and Train: Conduct training sessions for drivers to understand the New HOS Rules and effective logging practices.
- Monitor Compliance: Use electronic logging devices (ELDs) to monitor driving hours and ensure compliance with the New HOS Rules.
The New HOS Rules, particularly the Modified Adverse Driving Conditions Exception, offer essential flexibility for drivers facing unforeseen challenges. By understanding and adhering to these regulations, drivers can maintain safety standards while effectively managing their driving schedules.
More helpful information:
Clearing Up Relaxed HOS Regulations: How Does It Affect You?
*Update* CVSA Out-of-Service New Criteria Beings 4-1-24 with 11 new significate changes evolving safety
FAQs
What are the new HOS rule changes?
The changes include modifications to the 30-minute break, the introduction of the 7/3 split, the adverse driving conditions exception, and the short-haul exemption.
When do the new HOS rules become effective?
The revised HOS regulations will become effective on September 29, 2020.
What is the new air-mile radius for short-haul drivers?
The air-mile radius has been extended from 100 to 150 air miles.
What is the new maximum duty period for short-haul drivers?
The maximum duty period has been increased from 12 hours to 14 hours.
How does the 30-minute break rule change under the new HOS regulations?
The break can now be taken during on-duty, non-driving activities, whereas previously it had to be off-duty.
What activities count towards the 30-minute break under the new rules?
Activities like waiting in line at the shipper/receiver, fueling, co-driver sitting in the passenger seat, filling out paperwork, and loading/unloading are now valid break activities.
What is the 7/3 split rule?
Drivers can split their 10-hour off-duty period into two segments: 7 hours in the sleeper berth and 3 hours off-duty.
How does the 7/3 split rule benefit drivers?
It provides more flexibility in managing rest periods and work schedules, especially for deliveries outside the standard duty window.
Can drivers use the 7/3 split rule to extend their driving time?
Yes, by taking a 7-hour sleeper berth break, they can use the remaining on-duty time left before the break.
What is the Modified Adverse Driving Conditions Exception?
Drivers can extend their driving time by two extra hours if they encounter adverse driving conditions, within the 14-hour window.
What qualifies as an adverse driving condition?
Conditions like natural disasters, traffic accidents causing road closures, and sudden weather changes qualify.
What scenarios do not qualify for the adverse driving conditions exception?
Predictable weather, routine traffic, and operational delays do not qualify.
Do the new HOS rules extend the 60-hour or 70-hour weekly driving limits?
No, the exception does not extend the weekly driving limits.
What must drivers do after utilizing the adverse driving conditions exception?
They must take a full 10-hour break after utilizing the exception.
How should drivers log the adverse driving conditions exception?
They must log the exception accurately to comply with FMCSA regulations and ensure clarity during inspections or audits.
What are the benefits of the new HOS rules overall?
The new rules offer increased flexibility, improved efficiency, enhanced safety, and better work-life balance for drivers.
