Effective October 1, 2005,
the Federal Motor Carrier Safety
Regulations 49 CFR, Part 395
Hours-of-Service change.
These new rules provide an
increased opportunity for drivers to
obtain necessary rest and
restorative sleep, while recognizing the
business needs of drivers and motor
carriers.
These regulations only apply to property carriers and commercial motor vehicle drivers. Passenger carriers and their drivers
will continue operating under the pre-2003 rules while fatigue issues specific to the passenger carrier industry are assessed.
Simply stated the new rule means:
- Drivers may drive up to 11 hours in the 14-hour on-duty window after
they come on duty following 10 or more consecutive hours off duty.
- The 14-hour on-duty window may not be extended with off-duty
time for meal and fuel stops, etc.
- The prohibition on driving after being on duty 60 hours in
7 consecutive days, or 70 hours in 8 consecutive days, remains the
same, but drivers can "restart" the 7/8 day period anytime a driver
has 34 consecutive hours off duty.
- CMV drivers using the sleeper berth provision must take at least
8 consecutive hours in the sleeper berth, plus 2 consecutive hours
either in the sleeper berth, off duty, or any combination of the two.
In developing these hours-of-service
regulations, the Federal Motor Carrier
Safety Administration (FMCSA)
systematically and extensively
researched both United States and
international health and fatigue studies
and consulted with Federal safety and
health experts. Our roads are better
designed, constructed, and maintained in
a nationwide network to provide greater
mobility, accessibility, and safety for all
highway users. Vehicles have been
dramatically improved in terms of design,
construction, safety, comfort, efficiency,
emissions, technology, and ergonomics.
These factors, combined with years of
driver fatigue and sleep disorder
research, led to a revision of the
hours-of-service regulations for drivers.
|  |
| HOURS-OF-SERVICE RULES |
2003 Rule
Property-Carrying CMV Drivers
Compliance Through 09/30/05 |
2005 Rule
Property-Carrying CMV Drivers
Compliance On & After 10/01/05 |
| May drive a maximum of 11 hours after 10 consecutive hours off duty. |
NO CHANGE |
| May not drive beyond the 14th hour after coming on duty, following 10 consecutive
hours off duty. |
NO CHANGE |
May not drive after 60/70 hours on duty in 7/8 consecutive days.
- A driver
may restart a 7/8 consecutive day period after taking 34 or more consecutive
hours off duty.
|
NO CHANGE |
| Commercial Motor Vehicle (CMV) drivers using a sleeper berth must take 10 hours off
duty, but may split sleeper-berth time into two periods provided neither is
less than 2 hours. |
CMV drivers using the sleeper berth provision must take at least 8 consecutive hours
in the sleeper berth, plus 2 consecutive hours either in the sleeper berth, off duty, or
any combination of the two. |
| Passenger-carrying carriers/drivers
are not subject to the new hours-of-service rules. These operations must
continue to comply with the hours-of-service limitations
specified in 49 CFR 395.5. |
| Short-Haul Provision |
Drivers of property-carrying CMVs which do not require a Commercial Driver's License
for operation and who operate within a 150 air-mile radius of their normal work reporting
location:
- May drive a maximum of 11 hours after coming on duty following 10 or more consecutive hours off duty.
- Are not required to keep records-of-duty status (RODS).
- May not drive after the 14th hour after coming on duty 5 days a week or
after the 16th hour after coming on duty 2 days a week.
Employer must:
- Maintain and retain accurate time records for a period of 6 months showing
the time the duty period began, ended, and total hours on duty each day in place
of RODS.
|
| Drivers who use the above-described Short-haul provision
are not eligible to use 100 Air-mile provision 395.1(e) or the current 16-hour
exception in 395.1 (o). |
|
