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4 Things To Know About the Hours Of Service Ruling

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2019 brought several proposed changes to Hours of Service Rules for truckers. Since then, those proposed HOS changes have been in a long review process with community input. Some of those same rules have already been modified under March’s Emergency Declaration to meet changing demands during COVID-19. Whether you love the changes or hate them, most of the updates from the end of last year are here to stay. 

The Final Rulings

There are four main changes that were added to the new HOS rules. Ultimately, the goal of each update is to improve safety and offer drivers more flexibility. On June 1, 2020, the final Hours of Service rule updates were released. The new HOS Ruling will officially take effect on September 29, 2020. Until then, the current HOS regulations from the Emergency Declaration will stay in place. 

“30-minute break” Flexibility

Before

The 30-minute break has been hotly debated among drivers since it was first issued. The FMCSA added the rule to improve safety, but it can force drivers to stop at inconvenient times. The old rules stated that drivers had to take a 30-minute break after 8 hours on duty. That time had to be logged as sleeper berth or off-duty. Many drivers don’t love the 30-minute break, but the new rules do bring some improvements.

Now

Under the updated Hours of Service Rule, drivers are required to take a 30-minute break after 8 hours of driving time. You can also now take your break as any combination of Off-Duty, Sleeper Berth, or On-Duty, Not Driving. It still has to be a continuous 30-minute break, but now there are more choices for how you can spend that time.

Split-Sleeper Berth

Before

We’ve voted this rule “Most Likely to Wish You Paid More Attention in Math Class.” The old version of the split-sleeper berth was pretty complicated. About Trucking does a good job explaining the details if you want the full picture. In a nutshell, drivers could split their sleeping time and were able to log driving time either before or after the break. Drivers then had to track how much time they had for the next shift and compare it to the 14-hour work shift clock. That might leave a driver with 5 hours of drive time available, but only 3 hours before hitting their maximum 14 hours. Ouch.

Now

Drivers can split their 10 off-duty hours into one period of 7+ hours in the sleeper berth and 2+ hours either off-duty or in the sleeper berth.

You can use that time for sleep or take advantage of the time to destress in other ways. Importantly, all breaks extend the 14-hour clock.

Whew. The mental math for hours just got easier. 

You may have seen the proposal for the “split-duty provision” aka the “14-hour pause” that was initially proposed. After hearing arguments on both sides, this update was ultimately not included in the final ruling due to safety concerns. 

Adverse Driving Conditions 

Before

Prior to the new Hours of Service rule, drivers were getting mixed messages about the policy for adverse driving conditions. Drivers could extend their drive time by up to 2 hours. That said, the 14-hour threshold was still a limiting factor. For example, even if your shipment got delayed due to unforeseen weather conditions and you were 30 minutes from delivering when you hit 14 hours, that’s where you had to stop. 

Now

Under the updated HOS rules, drivers can extend their drive time AND their 14-hour workday if needed. The extension can be no more than 2 hours but it gives drivers more flexibility in keeping their intended schedule. Even with the added time, pay close attention to road conditions and safety. If the weather gets really bad, make sure you know your rights as a driver.

Short Haul Exception

The Short Haul Exception applies only to CDL holders who run close to their home terminal AND do not run logbooks. If you don’t fit that description, this last update won’t affect you.

Before

The previous short haul rule stated that drivers who meet those criteria could drive a maximum of a 12-hour work shift and were limited to a radius of 100 miles from their terminal.

Now

The basic ideas behind the short haul exception have not changed. Instead, the time and radius maximums have been expanded. Drivers who meet the criteria of the short haul exception can now work 14 hours on-duty and with a radius of 150 miles. This rule won’t impact all drivers, but it may increase miles for anyone in this category.

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Daylight Savings Time Tips for Truckers

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daylight savings time tips

There are only a few things you can count on to happen every single spring. Changing weather, taxes, and Daylight Savings Time. We can’t do much for the weather, and hopefully your taxes are already in progress (or will be soon!). As for Daylight Savings Time, mark your calendar for Sunday, March 8. The official change happens at 2:00 AM on March 8. This time of year we’re all “springing forward,” so we lose one hour during the night. 

Daylight Savings Time impacts all drivers on the road and it’s more important than ever to be alert. Start planning now so you’re ready to handle the HOS difference if you’re driving at night or to hit the road refreshed when you wake up on Sunday. Here are the places where Daylight Savings Time has the biggest impact and some Daylight Savings Time tips.

1. Sleep

sleeping puppy

As a driver, you may already feel tired and road weary, especially near the end of a shift. And that’s not to mention that your hours may not exactly fit within a “9-5 job.” With this in mind, even a one hour difference can seriously throw off your natural body rhythms. 

To help yourself adjust, consider eating your last meal an hour earlier and trying to fit in an “extra” hour of sleep. Be particularly careful about phone time on March 8. Turning off that screen at least an hour before you plan to go to bed will help your body go to sleep more easily. And when you wake up in the morning, try not to drink too much extra caffeine. It might temporarily boost that alert feeling, but it will be harder for your body to adjust in the long run. Instead, boost your energy by drinking extra water and adding a quick workout or stretch when you stop. 

2. Safety

Daylight Savings Time affects everyone on the road. Sleeping one hour less means that everyone is also less alert. It takes most of us about a week to adjust to the time change, not just one day. Accidents increase by just over 6% for the week following the start of Daylight Savings Time in the Spring. Even if you’re a very safe driver with a clean record, leave a little extra space on the road during that second week of March and practice good driving habits. 

3. Plan Ahead

These Daylight Savings Time tips are all about preparation. Make a point of marking the date on a calendar. Before you go to sleep before the time change:

  • Make sure you set your clock ahead. Cell phones will typically do this automatically, but manually reset your other clocks. 
  • Double check your route. Not all states observe Daylight Savings, so look at your whole route if you’re driving OTR.
  • Review your pickup times, delivery times, and ETA.

A little planning ahead of time will make sure that you’re up and driving without any slowdowns on Sunday morning. 

4. ELDs

Most ELDs now automatically take care of DST, but you may find that you need to work an “extra” hour. Or, if you’re on your break when the clocks change, you’ll resume an hour “later” than you would. Remember, hours of service rules still apply. 

For example, if you have a night shift from 10:00 PM to 7:00 AM, your log will show that you worked a 7 hour shift. If you start a 10 hour break at 8:00 PM on Saturday, you will have to finish your break at 7:00 AM on Sunday morning because of Daylight Savings Time.

If you are exempt from using an ELD, make sure you understand your employer’s expectation on logging hours ahead of time.

 

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With Republican Congress, Trucking Lobbyists Target Driver Time and Pay

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Trucking Lobbyists

Citing major settlements in recent years, trucking lobbyists say they plan to capitalize on new Republican control in Congress to pass an amendment that would prevent enforcement of state laws dictating truck drivers’ time and pay and shield carriers from such court orders. So writes CCJ magazine in an informative article on the issue and how it could impact those with CDL driver jobs.

Major proponents of the Denham Amendment include the American Trucking Associations and the Western States Trucking Association.

Both stated legislation to assert federal authority over break and pay laws for truckers serves as a top-level agenda item in the coming years.

“This serves as our No. 1 priority,” says Western States’ head of government affairs Joe Rajkovacz. “Prohibiting states from involving themselves in the compensation methods in which drivers are paid. Once litigation of one of the cases succeeds, the ‘me-too’ lawsuits focus on much smaller motor carriers downstream. It becomes legal blackmail against a small business: ‘Pay us or get sued and taken into court.’”

Opponents of the provision argue that the Denham Amendment wipes out efforts to reform driver pay.

Donna Smith, co-producer of the online radio show and website Truth About Trucking, says the driver pay/break provision would slam the door on hopes for driver pay reform. State-level action on the issue of driver pay and breaks, even with creating an often-deemed “patchwork” of varying regulations, is better than no action at all.

“If there’s going to be any law for driver wages, ideally it would be at a national level,” she said. “I think it would be more confusing to have state-by-state laws. But, before you look down that road, you put to rest the Denham language. It puts to rest any of the recent efforts that the truck driving community puts forth to increase their wages.”

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