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Hours of Service 101

www.JBATelematics.com
by

Joel Beal

on 6 April 2015

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Transcript of Hours of Service 101

US and Canadian CMV Drivers' Hours of Service Regulations
Hours of Service
Regulations 101

Regulations in the US and Canada to prevent tired commercial motor vehicle drivers from driving.
Background
Drivers of vehicles weighing more than 26,000 pounds gross vehicle weight (GVW)

Drivers of vehicles operating “placarded” hazardous material loads

CMV Drivers must fill out a “record of duty status” (RODS), also called a log book

Drivers are to keep their own logs and determine their eligibility to handle work

Carriers can not force, allow, or ask drivers to violate the hours of service

US Federal Rules Summary
The daily driving limit = 11 hours
Daily on duty = 14 hours from the time of initial log on
10 hours off duty or sleeper resets the daily limits
Total hours on duty must not exceed:
60 hours in 7 days or
70 hours in 8 days
34 hours off duty resets the cumulative. But, can only be taken when two time periods from 0100 to 0500 have elapsed, and can only be used once every 168 hours.
The driver can work forever, and is only in violation when DRIVING beyond these limits

How the US Rules Work
Canadian Rules
A little history...
1937 - First US Hour of Service Regulations issued by the ICC

2001 - First attempted change by the FMCSA. Withdrawn by the agency.

2003 - Basic rules as we know today.

2013 - Updates to required break periods.
Operations solely within a state or province
State and Provincial HOS Rules may apply – provided operations are strictly within that state or province.

These rules are published by each state or province – and not federally.

Numbers to Remember
Driving Limit:


On Duty Limit:

Cumulative Limits:



Required Off Duty:

Hours to reset cumulative:
11 (US)
13 (Canada)

14

60 in 7 days or 70 in 8 days (US)
70 in 7 days/120 in 14 days (Canada)

10

34
Rules are not uniform
Different US Rules; Property Carrying Operations and Passenger Carrying Operations:

Only applies to property carrying operators. Buses and coaches operate under the “old” pre-2003 rules.

Local rules may be different
Intrastate commerce exemptions remain in place (i.e. Alaska, California, Florida, Texas)

Vocational exemptions
Oilfield operations
Water well operations
Construction
Military
Agricultural
On Duty Time
Any time spend working for anyone.

Any time spent on the vehicle or in the service of the carrier

Loading/Unloading

Any time not relieved of total responsibility
Mandatory Break - US
Within the first 8 hours of logging on duty – drivers must take a break and log off duty for at least 30 minutes.

May work longer than 8 hours, but must not drive until this mandatory break time is met.

Does not apply to:
1. Short Haul Drivers (within 100 air miles and not required to complete a RODS)
2. Munitions/explosives haulers
3. Livestock haulers

Sleeper Berth Provision

Allows drivers some flexibility in obtaining their needed 10 hours off duty.
Drivers may take 2 periods of sleeper berth time instead of 1 period of 10 hours

One period (the “anchor” period) is => 8:00 and <10:00
The secondary period is => 2:00 and < 8:00

Driving periods on either side of either period must not exceed 11 hours

Drivers may not drive if the on duty time surrounding either period exceeds 14 hours

Split Sleeper Berth – US Motor Coach Operators:

Allows drivers some flexibility in obtaining their needed 8 hours off duty
Drivers may take 2 periods of sleeper berth time instead of 1 period of 8 hours

Either period must be => 2:00 and <= 7:59
Both periods combined must be => 8:00

Driving periods on either side of either period must not exceed 10 hours

Drivers may not drive if the on duty time surrounding either period exceeds 15 hours
Drive Time
Any time spent at the controls of a CMV, on a public highway.
Exceptions – Adverse Driving Conditions
Must be a condition unforeseen at the time of dispatch, generally considered to be an unusual traffic obstruction or surprise weather.

May extend the workday by up to 2 hours.

Must be explained in detail by the driver.

May not be used in addition to other exceptions – such as short haul.
Exception – US based Motor Coach Operators

10 hours driving, following 8 hours off-duty.

15 hours on-duty, following 8 hours off-duty.

60/70 hours on-duty in 7/8 consecutive days.
Follows the “old” (pre 2003) rules

Exceptions – US Based Short Haul Operations
Drivers may extend the 14-hour on-duty period by 2 additional hours IF THEY:

Are released from duty at the normal work reporting location for the previous 5 duty tours; AND

Return to their normal work reporting location and are released from duty within 16 hours; AND

Have not used this exception in the previous 6 days, except following a 34-hour restart of a 7/8-day period.

Drivers may never exceed 11 hours driving in a tour of duty.
Exception – Local drivers do not need to keep a RODS
If operating a CMV in a radius of 100 miles or less from the home terminal, the driver may be exempted from keeping a log.

Drivers must work no more than 12 hours, followed by 12 hours off

Employer must keep detailed payroll records

Not exempt from HOS regulations, only exempt from filling out a RODS.
Exceptions – US Oilfield Operations
Provision 1 - Only applies to special vehicles at a well site:
1. May extend their 14 hours day by logging “off duty at well site”
2. Logging off duty at well site allows a driver to use “other sleeping accommodations” like a sleeper berth
3. Oilfield drivers may split their sleeper berth in any combination as long as one period is => 2:00 and the total is =>10:00. They do NOT have to comply with the 8:00 “anchor” sleeper berth period

Provision 2 - Applies to all vehicles engaged in oilfield work. 1. May restart their “8 day total” after 24 hours off duty

Most Common State Rules
Only applies to intrastate commerce.

Most states have some intrastate rules that apply in selected circumstances. Most popular are construction, agriculture, and water well drilling.

Alaska:
70 hours in 7 days, or 80 hours in 8 days
20 hours maximum on duty time
15 hours maximum driving time
8 hours off or sleeper resets tour of duty hours
May split sleeper periods as long as 1 period is => 2:00 and both periods combined are => 8:00

California
80 hours in 8 days
15 hours maximum on duty time
12 hours maximum driving time
8 hours off or sleeper resets tour of duty hours
May split sleeper periods as long as 1 period is => 2:00 and both periods combined are => 8:00

Florida
Same as California, Texas

Texas
Same as California, Florida
Cumulative Hours
Carriers pick a duty cycle; 60 hours in 7 days or 70 hours in 8 days.

Driver may not DRIVE beyond their maximum cumulative hours.

Cumulative hours may be reset
Federal Rules
Canadian Federal Rules - January 1, 2007
Drivers may define their own cycles:
Canadian 7 Day Driver
60/7 Days
13 Hours Driving
15 Hours On Duty
8 hours resets Tour of Duty
May split sleeper periods as long as 1 period is => 2:00 and both periods are => 8:00
Canadian 8 Day Driver - Same, except 70/8 Days

Canadian 14 Day Driver - Same, except 120/14 Days

Short Change Rule
Allows a driver to limit the off duty reset hours as low as 4 hours

However, the driver can only invoke this once every 7 days

Total on duty time must be <= 13:00

The “shortchanged” hours must be added to the driver’s next break
North of the 60th Parallel
7/70

16 Hours On Duty

15 Hours Driving

8 hours to reset Tour of Duty

Split Sleeper allowed

24 hours off duty resets N day period
Canadian Rule Limits
13 Hours Driving

14 Hours On Duty

8 Hours to reset Tour of Duty

Violations only occur when DRIVING beyond these limits

No driving may occur if more than 16 hours elapses between the end of one off duty period and the beginning of another off duty period

Drivers must have 10 hours off duty per day

1 8 hour block of time to reset tour of duty

The remaining 2 hours must be distributed in blocks of no less than 30 minutes each
Off Duty Deferral
Drivers may defer 2 hours of their off duty time in a day if:
It’s not part of the 8 consecutive hours to reset the tour of duty

Total off duty time on the last 2 days is at least 20 hours

The deferred off duty time is added to the next day’s 8 consecutive hours

Total driving time in the last 2 days does not exceed 26 hours

The driver clearly states in the “remarks” section that he/she has deferred off duty time and that the driver is in day 1 or day 2 of that period
Ferry Exemption
Applies to ferry crossings => 5:00

Does not need to take the mandatory 8 hours off duty

Time spend in the sleeper, ferry sleeping accommodations, or a rest stop no more than 25 KM from the point of disembarkation total a minimum of 8 hours

Split Sleeper
Split Sleeper – Single Driver
1. At least 1 of the 2 periods => 2:00
2. The 2 periods combine to be => 10:00
3. Total of the driving time in the period before and after each sleeper berth period does not exceed 13:00
4. Elapsed time immediately before and after each of the sleeper periods includes no driving after the 16th hour after the driver logs on duty
5. No deferred off duty time
6. The total of the on duty time in the periods surrounding any of the sleeper periods does not exceed 14:00

Split Sleeper – Driver Teams
Same except no sleeper period may be less than 4:00

Switching Between Cycles
Only 7 and 14 day cycles are allowed:
70 Hours in 7 Days (cycle 1)
36 Hours Off Duty Resets Cumulative to 0

120 Hours in 14 Days (cycle 2)
72 Hours Off Duty Resets Cumulative to 0

Each cycle must have at least one 24 hour off duty period

Drivers can not switch cycles without taking at least 36 hours (cycle 1 to 2) or 72 hours (cycle 2 to 1) consecutive hours off duty.
Oilfield Operations
Permits required, and training is mandatory

Drivers do not have to follow a “cycle”

Drivers must take at least 3 24 hours periods off duty in any period of 24 days.

These 3 periods may be consecutive or broken into more than one period

Waiting time at an oil well will not be included in on duty time
Adverse Driving
Drivers may extend their tour of duty by up to 2 hours during adverse driving conditions.
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