FMCSA’s HOS Changes and What It Can Mean In Your Fleet

FMCSA’s long-awaited hours-of-service (HOS) changes became effective on September 29, 2020. Shown below is an overview of the changes and how they may affect your company.
October 5, 2020 | Trucker
By: Cliff J.
I bring over 30 years of trucking industry experience to Acuity. I worked my way up from driving to managing the safety operations of a transportation company, culminating in owning and managing my own regional trucking company. My main goal at Acuity is to help you, the motor carrier, the owner/operator and the driver better understand the insurance industry and help shape Acuity’s products and services to better meet your needs. I regularly provide ongoing trucking training to Acuity employees to help them understand the unique needs of those in the trucking/transportation industry. With over 30 years in the transportation sector, as both a company driver and as owner and manager of a trucking company, I have first-hand experience that helps me understand the challenges truckers’ face, and detailed knowledge of transportation regulations. My experience coupled with a background in insurance loss control can help answer and provide solutions to any issues that may arise.

FMCSA’s long-awaited hours-of-service (HOS) changes became effective on September 29, 2020. Shown below is an overview of the changes and how they may affect your company.  

 

CMV Short-Haul Exemption (49 C.F.R. §395(e)(1))

The new HOS rule extends the maximum duty period allowed under the short-haul exception from 12 hours to 14 hours and extends the maximum radius of the short-haul exception from 100 to 150 air-miles. This increases the number of CDL drivers able to take advantage of the short-haul 150 air-mile exception.

 

Previously, drivers using the short-haul or 100 air-mile radius exception could not be on duty more than 12 hours, and non-CDL drivers using the short-haul or 150 air-mile radius exception could not drive beyond the 14th or 16th hour on duty, depending upon the number of days on duty.

 

Adverse Driving Conditions (49 C.F.R. §391.1(b)(1))

The new HOS rule allows a driver to extend the maximum driving window by up to 2 hours during adverse driving conditions. This change applies both to drivers of property-carrying CMVs (14-hour driving window) and passenger-carrying CMVs (15-hour driving window). The change is thought to allow drivers time to park and wait out the adverse driving condition or to drive at a slower speed through it.

 

Previously, a driver could be permitted or required to drive a CMV for not more than 2 additional hours beyond the maximum time allowed and the maximum driving window was not extended.

 

30-Minute Rest Break (49 C.F.R. §395.3(a)(3))

The new HOS rule requires a 30-minute break only when a driver has driven for a period of 8 hours without at least a 30-minute interruption. If required, the break may be satisfied by any non-driving period of 30 minutes, such as on-duty, off-duty, or sleeper berth time. This change is thought to increase the on-duty/non-driving time by up to 30 minutes, allowing drivers to reach their destination earlier with no anticipated fatigue effect because drivers continue to be constrained by the 11-hour driving limit and would continue to receive on-duty/non-driving breaks from the driving task.

 

Previously, if more than 8 consecutive hours had passed since the last off-duty (or sleeper berth) period of at least half an hour, a driver had to take an off-duty break of at least 30 minutes before driving.  

 

Split Sleeper Berth Rule (49 C.F.R. §395.1(g))

The new HOS rules modify the split sleeper berth requirements to allow drivers to take their required 10 hours off-duty in two periods, provided:

 

  1. One off-duty period (whether in or out of the sleeper berth) is at least 2 hours long; and
  2. The second involves at least 7 consecutive hours spent in the sleeper berth.

 

Neither period counts against the maximum 14-hour driving window. 

 

Previously, the split sleeper berth rule required a driver to use the sleeper berth to get the equivalent of at least 10 consecutive hours off-duty. To do this, the driver had to:

 

  1. Spend at least 8 consecutive hours (but less than 10 consecutive hours) in the sleeper berth. This rest period did not count as part of the 14-hour limit.
  2. Take a second, separate rest period of at least 2 (but less than 10) consecutive hours long. This period could be spent in the sleeper berth, off-duty, or sleeper berth and off-duty combined. It did count as part of the maximum 14-hour driving window.

 

Do you agree with the changes FMCSA made to the HOS? Do you think they will help motor carriers and drivers conduct business without reducing safety?

 

References:

https://www.fmcsa.dot.gov/sites/fmcsa.dot.gov/files/2020-05/HOS%20Master%20050120%20clean.pdf

By: Cliff J.
I bring over 30 years of trucking industry experience to Acuity. I worked my way up from driving to managing the safety operations of a transportation company, culminating in owning and managing my own regional trucking company. My main goal at Acuity is to help you, the motor carrier, the owner/operator and the driver better understand the insurance industry and help shape Acuity’s products and services to better meet your needs. I regularly provide ongoing trucking training to Acuity employees to help them understand the unique needs of those in the trucking/transportation industry. With over 30 years in the transportation sector, as both a company driver and as owner and manager of a trucking company, I have first-hand experience that helps me understand the challenges truckers’ face, and detailed knowledge of transportation regulations. My experience coupled with a background in insurance loss control can help answer and provide solutions to any issues that may arise.