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Hours of Service

FMCSA Hours of Service – HOS.

2018 FMCSA hours of service HOS rules and regulations.

Hours of Service

As per the FMSCA website.

Who Must Comply?

Most drivers must follow the HOS Regulations if they drive a commercial motor vehicle, or CMV.

In general, a CMV is a vehicle that is used as part of a business and is involved in interstate commerce and fits any of these descriptions:

  • Weighs 10,001 pounds or more
  • Has a gross vehicle weight rating or gross combination weight rating of 10,001 pounds or more
  • Is designed or used to transport 16 or more passengers (including the driver) not for compensation
  • Is designed or used to transport 9 or more passengers (including the driver) for compensation
  • Is transporting hazardous materials in a quantity requiring placards

Hours of Service Final Rule for Truck Drivers

The Hours of Service of Drivers Final Rule was published in the Federal Register on December 27, 2011. The effective date of the Final Rule was February 27, 2012, and the compliance date of remaining provisions was July 1, 2013.

NOTICE: The Consolidated and Further Continuing Appropriations Act of 2015 was enacted on December 16, 2014, suspending enforcement of requirements for use of the 34-hour restart, pending a study. Based on the findings from the CMV Driver Restart Studythe 34-hour restart rule in operational effect on June 30, 2013, is restored to full force and effect.  The requirement for two off-duty periods of 1:00 a.m. to 5:00 a.m. in section 395.3(c) of the Agency’s hours-of-service rules will not be enforced, nor will the once-per-week limit on use of the restart in 395.3(d).

Summary of the Hours of Service Regulations

Hours of Service: How Familiar Are You? Webinar

The FMCSA hours of service (HOS) rules are designed to eliminate the type of drowsiness that can lead to crashes.  Although many commercial motor vehicle (CMV) drivers feel that they know when they are getting drowsy, various laboratory tests have shown that persons are not good at estimating their own drowsiness.

The following topics are discussed in the “Hours of Service: How Familiar Are You?” webinar[external link]:

  • Purpose of the Hours of Service Rules and Regulations
  • Applicability
  • Drivers’ Responsibilities
  • Carriers’ Responsibilities
  • Property Carrier Hours of Service Driving Time Limits
  • Passenger Carrier Hours of Service Driving Time Limits
  • Acceptable Recording Methods
  • Important dates and deadlins for Electronic Loggind Devices (ELDs)
  • Limited Exceptions to the Hours of Service Rules and Regulations

“Hours of service: How Ready are You?” transcripts[external link]

Color/508 Compliant[external link]

Black and White[external link]

Hours of Service Live Question and Answer Session

The Federal Motor Carrier Safety Administration’s (FMCSA) hour-long Hours of Service (HOS) Question and Answer Session[external link] allowed participants the opportunity to submit HOS related questions and have them answered by FMCSA’s HOS subject matter experts Tom Yager, Chief of the Driver and Carrier Operations Division, and Peter Chandler, Lead Transportation Specialist in the Federal Motor Carrier Safety Administration Passenger Carrier Division.

The HOS Question and Answer session addressed the number hours that a commercial motor vehicle (CMV) driver may be on the road, the HOS exemptions, and the number of hours a CMV driver may be on duty before a required period of rest.  In addition, the session addressed the permitted driving time based on a driver’s on-duty hours in a “work-week”.

Previous rule under the Obama administration:

 



 

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 as per 2013 FMCSA hours of service HOS rules.

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 FMCSA hours of service HOS rules limitations specified in 49 CFR 395.

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.

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).

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.

FMCSA will continue working with its partners and stakeholders to assure a smooth transition to the new regulations. Please join us in working together to implement these new regulations for the continuing improvement of motor carrier safety. For more information or additional outreach materials, visit the FMCSA’s Web site at www.fmcsa.dot.gov.

FMCSA hours of service HOS.

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