FMSCA Clarifies ambiguous and controversial HOS Ru

[Dreamer]

From Landline (key points highlighted by me!)

The FMCSA recently amended sleeper berth rules as they pertain to the new hours-of-service regulations, which take effect in January 2004.

These amendments do not change the substance of the rule, but are intended to remove some ambiguity in wording that confused enforcement and industry officials, the agency said.

In the original rule, the following limits were specified for on-duty and off-duty time when the sleeper berth exception is being used: [font color="blue"]The 10-hour consecutive off-duty requirement may be satisfied by two sleeper berth rest periods, neither of which may be less than 2 hours; total driving time in the two on-duty periods before and after a sleeper berth rest, when added together, may not exceed 11 hours; or the accumulated on-duty time in the two periods before and after a sleeper berth rest, when added together, may not include any driving time after the 14th hour. [/font]

However, the prohibition on driving after the 14th hour was unclear: Did it mean [font colr="blue"]"after the 14th hour of on-duty time accumulated in the two periods on either side of a sleeper berth rest"[/font][font color="red"] or instead,[/font][font color="blue"] "after the 14th hour of elapsed time since coming on duty."[/font]




[font color="red"]
*****It is now clear that time spent in a sleeper berth, provided that it is at least 2 hours in length, and is used as part of the 10-hour off-duty requirement, does not count toward the 14-hour limit. [/font]



FMCSA offered the following example to illustrate what happens when a driver takes more than two sleeper berth periods, all of which are more than 2 hours long: After 10 consecutive hours off-duty, a driver drives for four hours, takes two hours in the sleeper, drives three hours, takes three hours in the sleeper, drives five hours[font color="blue"(17 hours total)[/font] and goes into the sleeper for seven hours.
The second and third sleeper berth periods (three hours plus seven hours) meet the requirement of the new rule – 10 hours off-duty in two periods, each of which is at least two hours long. The first and second periods in the berth (two hours plus three hours) don't meet the requirements.





I've never been so happy to be wrong!!!!!!!!

Dreamer

 

[RichM]

RE: FMSCA Clarifies ambiguous and controversial HO

In the Truck Topics article the Panther lady hit it right on the head when she said"If if the 14 hour unstoppable clock nbecomes a reality it will wreck havoc in trucking and expediting.". I couldn!t agree more. I wonder how shippers and receivers will respond when the driver tells them that because they took a long time to load or unload,he or she cannot pull away from the dock for 11 hours. Lets say a driver for JB,Swifty,Scheider any expediting company gets a run assignment,takes 2 hours to get to the shipper,then 3 hours to load,then 8 hours to arrive at the receiver. They say go to door 13,after 1 hour goes by thats it,the truck cannot get unloaded or moved for 11 hours unless there is some type of relief driver that the receiver has, who is qualified and approved to move the truck. I don!t think most owner operators would go along with that.
I can also see a reduction of 10-20% in a drivers pay by not having the hours to drive.Perhaps companies will finally go to an hourly wage instead of a mileage rate,side benefit to that is that it would slow some of these crazies down.

 

[Dreamer]

RE: FMSCA Clarifies ambiguous and controversial HO

I agree Rich, it will make them have to get the driver out faster. As I said before, if they took away the 14 hr consecutive rule, it would work for expediters.. well.. now that they've clarified, it works!

Bottom line is.. 14 hr clock stops if you go in SLEEPER.

Does NOT stop if you're merely OFF DUTY.

I'm sure now, that the aim of this is so that a long haul semi driver, who waits 7-8 hours on a load, cannot then be made to drive his 11 hrs. There's where the saftey issue comes in.. I couldn't figure out where they were going with it, now I understand.

And.. as for the 10hr vs 8hr rest, I think the only way that will be a prob, is gettin in the night before for a delivery, if you're out of hrs... you can't unload for 10 hrs.. it will just take bit more planning, but no where NEAR the impact I THOUGHT it was gonna have.


Dreamer


[font color="blue"] The original 'point and click' interface, was made by Smith and Wesson!![/font]

 

[Weave]

RE: FMSCA Clarifies ambiguous and controversial HO

Everyone (including myself) was worked up over nothing. The more I thought about it, the more I know that 14 hour consecutive on duty thing would NEVER work. What would be the point in even having a sleeper berth if it wouldn't count for off-duty time?
-Weave-

 

[streetsweeper]

RE: FMSCA Clarifies ambiguous and controversial HO

Not sure if I am correct about this. In California & other western states, 'off duty' time is the time you spend out of the truck, presumablyar rest in a motel/hotel, domicile, resturaunt? or any period of time spent totally away from the unit.

Doing paperwork, ect is legally 'on duty' time and supposed to be logged appropriately. Bet your last dollar, the vast majority of state inspectors are going to take the new ruling, interprete 'their way' (California is very good at this) and run like mad with it.

Sharpen your pencils, reload your ink pens and grab your calculators gang, I suspect it's gonna get uglier with this one. Too many states are short on revenues and their will continue to keep after the drivers & companies for their 'revenues', lol.

Just my opinion

"A man in the wrong can not stand against a fellow in the right that keeps on a coming"

 

[Weave]

RE: FMSCA Clarifies ambiguous and controversial HO

I have been using Roland Bjorklunds DDL program for three years now www.driversdailylog.com and have never had any log violations. The program is simple to use and 100% legal everywhere now. It alerts you if you are going to be in violation, and cannot make calculation errors. It can generate all sorts of reports for your records too. Inspectors love the clean, neat log printouts (as opposed to handwritten chicken scratching). I am complimented on them often.
Any driver who has not invested in a laptop for their truck for this plus mileage and mapping programs is still running in the stone age. Not that you 100% need it, but it shure saves a lot of time and makes live a whole lot easier, plus greatly reduces your chances of being fined for log violations.
-Weave-

 

[Weave]

RE: FMSCA Clarifies ambiguous and controversial HO

Also a good idea to always save your logbooks, or in my case the DDL printouts indefinately. Why? In the event you are ever in a serious accident with personal injury and the injured party hires Joe Schlocko lawyer who tries to claim you don't know how to drive a truck. They serve as documentation for your expierience.
-Weave-

 

[streetsweeper]

RE: FMSCA Clarifies ambiguous and controversial HO

Thanks Weave! I learn something new everyday & will send the link to my brother for him to consider using in his trucking company. As for me, it's going on my laptop for damn sure.

Hello Mista CHP Occifer, I'm running legal...:+

PS- For those going to run in California, I ain't pulling your leg at all about that state. Batten down your hatches, fasten your seat belts & hang onto your wallets

 

[Fkatz]

RE: FMSCA Clarifies ambiguous and controversial HO

YOU BETTER HAVE A PRINTER IN THE TRUCK ALSO, THAT IS THE ONLY WAY THE THE DRIVERSDAILYLOG IS LEGAL, CHECK DOT REGS ON THE PASSAGE LAST JANUARY, THIS WAY THE dot CAN AND WILL ASK FOR A HARD COPY, THEN IT DEPENDS ON THE OFFICER AT THAT POINT

fRANK

 

[davekc]

RE: FMSCA Clarifies ambiguous and controversial HO

Bottom line is that if you are a single driver you are screwed with the 14 hr rule. Yes 2 periods of sleeper (min. 2 hrs) with a total of ten equal a problem. It is not an accident that JB, Wal-mart, Swift ect, are adding trucks and trying to hire additional drivers to make up the difference. According to Wal-mart the revenue loss is between 6 and 7 percent. That is with general frieght and dedicated runs. Plug that number at a minumum into your operation and it is a sad number with expediting. I think I would be parking my truck unless there is some huge rise in rates. Now it will be interesting to see how many whiners stick it out only to and moan for months to come after it happens.