Fleet Management News & Business Info | Commercial Carrier Journal
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JOURNAL Hours-of-service final rule retains 11-hour driving limit New rule shortens workweek from 82 to 70 hours; 34-hour restart requires two rest periods from 1 a.m. to 5 a.m. O n Dec. 22, the U.S. Department of Transportation's Federal Motor Carrier Safety Administration released a final rule that revises the hours-of-service safety requirements for commercial truck drivers. While the final rule retains the current 11-hour daily driv- ing limit – FMCSA previously was in favor of reducing it to 10 hours – it reduces by 12 hours the maximum number of hours a truck driver can work within a week. Under the old rule, truck drivers could work on average up to 82 hours within a seven-day period. The new HOS final rule limits a driver's workweek to 70 hours. FMCSA says it will continue to conduct data analysis and research to further examine any risks associated with the 11 hours of driving time. In addition, truck drivers cannot drive after working eight hours without first taking a break of at least 30 minutes. Drivers can take the 30-minute break whenever they need rest during the eight-hour window. The rule also requires truck drivers who maximize their weekly work hours to take at least two nights' rest when their 24-hour body clock demands sleep the most – from 1 a.m. to 5 a.m. This rest requirement is part of the rule's 34-hour restart provision that allows drivers to restart the clock on their workweek by taking at least 34 consecutive hours off-duty. The final rule allows drivers to use the restart provi- sion only once during a seven- day period. Trucking companies that allow drivers to exceed the 11-hour driving limit by 3 or more hours could be fined $11,000 per offense, and the drivers themselves could face civil penalties of up to $2,750 for each offense. "Trucking is a difficult job, and a big rig can be deadly when a driver is tired and overworked," said U.S. Transportation Secretary Ray LaHood. "This final rule will help prevent fatigue-related truck crashes and save lives. Truck drivers deserve a work environment that allows them to perform their jobs safely." As part of the lengthy and contentious HOS rulemaking process, FMCSA held six pub- lic listening sessions across the country and encouraged safety advocates, drivers, truck com- pany owners, law enforcement and the public to share their input on HOS requirements. "This final rule is the culmination of the most extensive and transparent public outreach effort in our agency's history," said FMCSA Administrator Anne Ferro. "With robust input from all areas of the trucking commu- nity, coupled with the latest scientific research, we carefully crafted a rule acknowledging that when truckers are rested, alert and focused on safety, it makes our roadways safer." Commercial truck drivers and companies must comply with the HOS final rule by July 1, 2013. The February 2012 issue of Commercial Carrier Journal will feature a special report highlighting the HOS rule changes and explore the rule's impact on carriers and drivers. LEADING NEWS, TRUCKING MARKET CONDITIONS AND INDUSTRY ANALYSIS E HANDHELD CELL PHONE BAN NOW IN EFFECT ffective Jan. 3, com- mercial truck and bus drivers are prohibited from using handheld cell phones while operating commercial motor vehicles. The Federal Motor Carrier Safety Administration and the Pipeline and Hazardous Materials Safety Administration specifically banned the practice in a final rule published last month in the Federal Register. Drivers who violate the restriction face federal civil penalties of up to $2,750 for Carriers that allow their drivers to use handheld cell phones while driving face penalties up to $11,000. each offense and CMV disqual- ification for multiple offenses. States will suspend a driver's commercial driver's license after two or more serious traffic violations. Commercial truck and bus companies that allow their drivers to use hand- held cell phones while driving face penalties up to $11,000. "It's just too dangerous for drivers to use a handheld cell phone while operating a com- mercial vehicle," said FMCSA Administrator Anne Ferro. Continued on page 12 COMMERCIAL CARRIER JOURNAL | JANUARY 2012 11