More Rest Time Required for Commercial Motor Vehicle Drivers

Posted on January 25, 2012 by Lisa Whittaker

The United States Department of Transportation ("Department") has issued an Hours-of-Service ("HOS") Final Rule, that is meant to reduce the excessively long work hours of Commercial Motor Vehicle ("CMV") drivers. The Department wants to ensure drivers have enough time to obtain adequate rest on a daily and weekly basis, because excessive driving hours increase the risk of fatigue-related crashes and long-term health problems for drivers.

The objective of the final rule is to reduce the acute and chronic fatigue of drivers. The effective date of the final rule is February 27, 2012, and the compliance date of selected provisions is July 1, 2013.

The Federal Motor Carrier Safety Administration ("FMCSA") made several changes to the HOS rule. The three primary changes include:

  1. Restarts are now limited to one per week;
  2. restarts must include 2-night periods between 1:00-5:00 a.m.; and
  3. drivers must take a 30-or-more minute break after 8 consecutive hours of driving.

The "34-hour restart" rule limits the number of restarts a driver is permitted to take in a one-week time period or every 7 days (168 hours). This new limitation prevents the excessive buildup of on-duty hours, and will reduce a driver's maximum allowable hours of work per week from 82 hours to 70 hours, a 15% reduction.

In the past, a driver was able to use a restart every 5 or 6 days, and he/she could average 80 or more driving hours a week. The Department found these drivers to be chronically fatigued, and the 34-hour restart period was found to only mitigate, not eliminate the sleep debt built up during the work week.

The second change found in the rule requires a driver rest at least two periods between 1:00-5:00 a.m.. This rule mainly affects drivers who work more than 70 hours a week on a continuing basis. For example, a driver who has reached the 70-hour maximum may begin a restart period on Friday evening at 7:00 p.m.. That driver would not complete the restart period until Sunday morning at 5:00 a.m.. The restart period was adjusted to provide the driver with 2 consecutive nights of rest. To avoid confusion regarding when the 1:00 a.m. time-period begins, the drivers' log times are to be based on the time zone of their home terminal, rather than "local time."

The final rule change requires that if more than 8 consecutive hours on duty have passed since the last off-duty period of at least half an hour, a driver must take a break of at least 30 minutes before driving.

According to FMCSA, recent research has shown that any break from driving reduces risk in the hour following the break, but off-duty breaks produced the largest reduction in risk. Meal breaks, time spent in the sleep berth, or any other off-duty time of at least 30 minutes qualifies as a break; however, drivers are not allowed to count time spent waiting to be loaded or unloaded as break time, unless the driver has been released from all responsibility for the truck.

Drivers who are carrying certain explosives are required to attend to their vehicle at all times. The FMCSA created an exception for these CMV drivers carrying explosives by allowing them to count on-duty time spent attending the CMV, but doing no other on-duty work, toward the break.

FMCSA also created an exception for team drivers, so that they are able to "keep the truck moving." Each driver is permitted a 10-hour break, which requires a minimum of 8 hours in the sleeper berth and allows a maximum of 2 hours in the passenger seat. Team drivers are permitted to continue this pattern until one driver reaches the maximum driving limit.

The FMCSA also revised the oilfield operations rule to more specifically address how records should be maintained.

The penalties for drivers who do not comply with the final rule has been updated. Any driver or company that allows a driver to drive 3 or more hours beyond the driving time limit may be considered an egregious violator and subject to the maximum civil penalties.

The FMCSA chose 3 hours because under adverse driving conditions drivers are allowed up to 2 extra hours of driving. The FMCSA found driving 3 hours beyond the normal driving limits would severely test a driver's stamina and substantially increase the risk of a fatigue-caused crash.

The FMCSA projects the rule will also produce an annual benefit of approximately $160 million a year. The Agency estimates that the benefits of the rule, reduction in crashes and improved driver health, will outweigh the cost of enforcement.

By February 27, 2012, all drivers must begin complying with the on-duty time requirements and the oilfield exemption.  In addition, the updated penalties will be applied to all driving (or allowing a driver to drive) 3 or more hours beyond the driving-time limit; however, the Department will not enforce the minimum 34-hour restarts and the rest breaks until July 1, 2013.

Companies should update their company policies and consider holding mandatory training sessions so that drivers will understand these rule changes. Failure to ensure compliance with these HOS rule changes could expose drivers and companies to civil penalties and require drivers be taken off the roads.
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Commercial Driver Hand Held Cell Phone Ban Takes Effect

Posted on January 18, 2012 by Lisa Whittaker

The Federal Motor Carrier Safety Administration (“FMCSA”) and the Pipeline and Hazardous Materials Safety Administration (“PHMSA”) hope there now are approximately four million fewer distracted drivers on the road. On November 23, 2011, Transportation Secretary Ray LaHood announced a final rule which specifically prohibits all interstate commercial truck and bus drivers from using hand-held cell phones while operating their vehicles.

The FMCSA and PHMSA created this joint rule in an effort to continue to curb distracted driving. "This rule represents a giant leap for safety. It is just too dangerous for drivers to use a hand-held cell phone while operating a commercial vehicle. Drivers must keep their eyes on the road, hands on the wheel and head in the game when operating on our roads. Lives are at stake," said FMCSA Administrator Anne S. Ferro.

FMCSA research shows that commercial drivers reaching for a cell phone are three times more likely to be involved in a crash or other safety-critical event, and dialing a hand-held cell phone makes a crash six times more likely.

Not only will the drivers be penalized for violations, but commercial truck and bus companies will also face a hefty fine if they allow drivers to use hand-held cell phones. Drivers who violate this rule will face federal civil penalties of up to $2,750 for each offense and disqualification from operating a commercial motor vehicle for multiple offenses. Commercial bus and truck companies could incur a maximum penalty of $11,000.

This rule is not the first of its kind. In September of 2010, FMCSA issued a regulation banning text messaging while operating a commercial truck or bus, and in February 2011, the PHMSA issued a companion regulation banning intrastate hazardous material drivers from texting.

Companies should update their company policies and handbooks to reflect these new rules. Failure to adopt and enforce cell phone policies could provide the basis for potential civil liability to operators beyond the civil penalties called for in the rule.

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DOT Issues Proposed Rule Requiring Electronic On-Board Recorders for Interstate Commercial Truck and Bus Companies

Posted on February 1, 2011 by Brian Hall

The U.S. Department of Transportation's Federal Motor Carrier Safety Administration (FMCSA) has issued a proposed rule that would require interstate commercial truck and bus companies to install electronic on-board recorders (EOBRs) to monitor their drivers' compliance with hours-of-service (HOS) requirements. EOBRs are devices attached to commercial vehicles that automatically record the number of hours drivers spend operating the vehicle. The proposed rule also would relieve interstate motor carriers from retaining certain HOS supporting documents, such as delivery and toll receipts, which are currently used to verify the total number of hours drivers spend operating the vehicle. Obviously, however, the EOBRs cannot record time spent by drivers doing non-driving activity such as loading and unloading a vehicle, which also factors into the drivers' HOS.

Under the proposal, interstate carriers currently using Records of Duty (RODS) logbooks to document drivers' HOS would be required to begin using EOBRs within three years following the effective date of the rule. Short-haul interstate carriers using timecards to document HOS would not be required to use EOBRs. Violations of the proposed rule would bring with them penalties of up to $11,000 for each offense.

Comments to the proposed rule may be submitted at http://www.regulations.gov, by fax to (202) 493-2251, or by mail or hand delivery to:

Docket Management Facility
U.S. Department of Transportation
1200 New Jersey Avenue, S.E.
West Building, Ground Floor Room W12-140
Washington, D.C. 20590.

All comments should include Docket Number FMCSA-2010-0167.
 

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US DOT Announces Final Rule Banning Texting While Driving by Commercial Motor Vehicle Operators: OSHA Joins In to Battle "Distracted Driving"

Posted on September 23, 2010 by Mike Underwood

On September 21, 2010, the Federal Motor Carrier Safety Administration ("FMCSA"), an agency of the U.S. Department of Transportation, announced a final rule banning commercial vehicle operators from texting messages while driving. An earlier post on this site described the notice of rulemaking. At the September 21st "National Distracted Driving Summit," FMCSA announced that the final rule will be published "soon" and will take effect 30 days after publication.

It is anticipated the final rule will track closely with the rule as originally proposed and will ban "texting," defined broadly to include generating and reading any sort of text message from an electronic device. The ban will not include using a cell phone, including to read, select, or enter a telephone number. The ban will apply anytime the driver is operating a commercial motor vehicle, including while the vehicle is temporarily stopped because of traffic, traffic lights, or for other momentary delays. The ban will not apply when the driver has moved the vehicle to the side of the road or parked safely. Drivers may be fined up to $2,750 and their employers up to $11,000 for violations. Drivers guilty of multiple violations will have their commercial licenses suspended.

In the same summit meeting, Secretary of Labor Hilda Solis announced that OSHA will join DOT in a concerted effort to address distracted driving in the workplace. Secretary Solis announced a "multi-pronged initiative" for OSHA that includes an education campaign for employers, an open letter to employers on OSHA's web site during "Drive Safely Workweek," model employer policies, and the issuance of citations and penalties if an employer requires texting while driving.

OSHA's enforcement authority reaches all private sector employers, not just commercial vehicle operators. OSHA has not developed a specific OSHA standard regarding texting while driving. But, the Secretary's remarks make clear that OSHA will consider issuing citations, at least where employers are actively encouraging or requiring texting while driving, under its "general duty clause." OSHA issues general duty clause citations where OSHA feels there is a hazard well recognized in an industry and the employer fails to address the hazard. 
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