Home > Uncategorized > How to tell the FMSCA How you Feel about the Proposed HOS

How to tell the FMSCA How you Feel about the Proposed HOS

FMCSA HOURS-OF-SERVICE RULEMAKING, RIN 2126-AB-26
Primary Changes Proposed for Property-Carrying Drivers
PROVISION CURRENT RULE PROPOSED RULE NOTES
“DAILY” DUTY PERIOD
Off-duty period 10 consecutive hrs. No change
“Driving Window” For most drivers, 14 consecutive hrs. (may continue on-duty/not driving after 14 hrs.); 

“Regional” allowed one 16-hr. period “weekly” but release from duty required after 16 hrs;

Non-CDL w/i 150 miles allowed two 16-hr. periods “weekly” (may continue on-duty/not driving after 16 hrs.).

For all property-carrying CMV drivers(unless excepted): 

14 consecutive hrs. with release from duty required at end of driving window;

16 consecutive hrs. no more than twice “weekly” with release from duty required at end of driving window.

Any on-duty time after 14th hour constitutes use of a 16-hr. period.
Max. on-duty within driving window Normally 14 hrs; 16 hrs. once per week for “regional” drivers; 16 hrs. twice per week for non-CDL w/i 150 miles. 13 hrs. Proposal not applicable to non-CDL 150 mile short-haul drivers. 13 hrs. during 14- or 16-hour driving windows for others.
Max. driving within driving window 11 hrs. 10 or 11 hrs. (Both being considered)
Limit on consecutive hours of driving None May drive only if it has been 7 hours or less since last off-duty period of at least 30 minutes Proposal not applicable to non-CDL 150 mile short-haul drivers.
“WEEKLY” DUTY PERIOD
Max. on-duty hours 60 hrs. in 7 days/ 70 hrs. in 8 days No change
“Restart” 34 consecutive hrs. See “limits on restarts” below.
Limits on Restarts None (1) Must include two periods between Midnight-6 a.m.;
(2) May only be used once per week.
Driver must designate the period being used as a restart
SLEEPER BERTH
When used as substitute for 10 consecutive hrs. off duty Two periods: One at least 8 consecutive hrs. in SB; other at least 2 hrs. SB or off-duty. The shorter period does NOT extend the driving window. Continue 8/2 hr. periods, but apply same new driving, on-duty, and duty-period limits as proposed for non-SB drivers.
DEFINITION OF ON-DUTY TIME
On-duty time Includes any time in CMV except sleeper-berth. Does not include any time resting in a parked CMV. In moving CMV, does not include up to 2 hrs. in passenger seat immediately before or after 8 consecutive hrs. in sleeper-berth. Also applies to passenger-carrying drivers.
OILFIELD EXEMPTION
Oilfield exemption “Waiting time” for certain drivers at oilfields (which is off-duty but does extend 14-hr duty period) must be recorded and available to FMCSA, but no method or details are specified for the recordkeeping. “Waiting time” for certain drivers at oilfields must be shown on RODS or electronic equivalent as off duty and identified by annotations in “remarks” or a separate line added to “grid.” “Waiting time” is not included in on-duty time or the calculation of the 14 or 16-hr. driving window.

Hours of Service Proposed Rulemaking

Submits comments to a proposed rule

FMCSA invites you to participate in this rulemaking by submitting comments, data, and related materials. If you submit a comment, include the docket number FMCSA-2004-19608 or RIN number 2126-AB26 for this rulemaking. Please indicate the specific section of this document to which each comment applies, and provide a reason for each suggestion or recommendation. FMCSA recommends that you include your name, mailing address, e-mail, or a phone number in the body of your document so that FMCSA can contact you if there are questions regarding your submission. FMCSA will consider all comments and material received during the comment period and may change the HOS proposed rule based on your comments.

How to Submit Your Comments

To avoid duplication please use only one of these methods:

Submit Comments Online (Federal eRulemaking Portal)
  1. Go to http://www.regulations.gov and click on the “submit a comment” box, which will then become highlighted in blue.
  2. In the “Document Type” drop down menu, select “Proposed Rules,” insert “FMCSA-2004-19608” in the “Keyword” box, and click “Search.”
  3. When the new screen appears, click on “Submit a Comment” in the “Actions” column.

Submit Comments by Fax
  1. Fax your comments to: 202-493-2251
  2. Please include the docket number FMCSA-2004-19608 or RIN number 2126-AB26 for this rulemaking. Indicate the specific section of the document to which each comment applies and provide a reason for each suggestion or recommendation.

Submit Comments by Mail or Hand Delivery
  1. Submit comments to the below address in an unbound format, no larger than 8½ by 11 inches, suitable for copying and electronic filing.
  2. If you would like to know that your mailed comments have reached the facility, please enclose a stamped, self-addressed postcard or envelope.Monday – Friday, 9 a.m. and 5 p.m., except Federal holidays:

    Docket Management Facility (M-30)
    U.S. Department of Transportation, West Building Ground Floor
    Room W12-140
    1200 New Jersey Avenue, SE
    Washington, DC 20590-0001

Currently there are 3,849 submissions from public feedback, I am fairly certain with everyone working together we can double this feedback.

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Categories: Uncategorized
  1. John A. Jeanis
    December 29, 2010 at 2:45 pm

    What are the “rules” bob-tailing for an owner/operator ?

  2. tami potirala
    December 29, 2010 at 4:00 pm

    is there another way to get onto this site? i go to it and it never comes up.

  3. Steph
    January 2, 2011 at 1:25 pm

    Are they just trying to confuse a basic HOS rules. They are making sound like the IRS tax codes. This HOS should be simple.

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