Dan Drexler FMCSA Minnesota Division Administrator August 7 th 2012

Transcription

1 Dan Drexler FMCSA Minnesota Division Administrator August 7 th 2012

2 What s New? Hours of Service changing since Lawsuits for and against! Questions since 2003? Electronic On-Board Records (EOBR) are now Electronic logging devices (ELD). Broker and Freight Forwarder bond requirements is coming. Is your DOT Medical Provider Certified?

3 Hours of Service (34 Hour) Regulation 395.3(c)(1), After June 30, 2013, any period of 8 consecutive days may end with the beginning of an off duty period of 34 or more consecutive hours that includes two periods from 1 a.m. to 5 a.m.

4 Hours of Service (34 Hour) Regulation 395.3(d) After June 30, 2013, a driver may not take an off-duty period allowed by paragraph (c) of this section to restart the calculation of 60 hours in 7 consecutive days or 70 hours in 8 consecutive days until 168 or more consecutive hours have passed since the beginning of the last such off-duty period..

5 Hours of Service (34 Hour) Regulation (continued) 395.3(d) After June 30, 2013,.When a driver takes more than one off-duty period of 34 or more consecutive hours within a period of 168 consecutive hours, he or she must indicate in the Remarks section of the record of duty status which such off duty period is being used to restart the calculation of 60 hours in 7 consecutive days or 70 hours in 8 consecutive days. Is your ELD programmed to do this? Can it?

6 Hours of Service (34 Hour) What is wrong with taking two 34-hour restarts in a week? If a restart is taken every 6 days, a problem does arise: under existing rules, alternating 14 hours on-duty and 10 hours off, a driver would reach 70 hours in less than 5 full days. After a 34-hour break, the driver could then begin this same cycle again, totaling 70 hours on-duty every 6 calendar days, for an average of almost 82 hours per calendar week.

7 Hours of Service (34 Hour) Do I have to use the 34 hour restart provision? No, a driver has always been able to work and drive up to 70 hours in 8 days (60 in 7 days) independent of when the driver took time off. Are you old enough to remember how to do it?

8 Hours of Service (34 Hour) 60/70-Hour Duty Limit (Recap), This limit is based on a 7-day or 8-day period, starting at the time specified by your motor carrier for the start of a 24-hour period. The limit is based on a rolling or floating 7-day or 8-day period. The oldest day s hours drop off at the end of each day when you calculate the total on-duty time for the past 7 or 8 days.

9 Hours of Service (30 Minutes) Regulation 395.3(a)(3)(ii) Rest breaks. After June 30, 2013, driving is not permitted if more than 8 hours have passed since the end of the driver s last off-duty or sleeper-berth period of at least 30 minutes.

10 Hours of Service (30 Minutes) Are drivers using the 100 air-mile radius or non-cdl 150 air-mile radius provisions in 395.1(e) required to take the minimum 30-minute break if applicable? Yes. However, because they are not required to maintain records of duty status ( logbooks ), they are not required to record the break periods. Note: Though not in the regulations, I am advising carriers who s drivers use time cards to have a company policy requiring drivers to take the 30 minute break.

11 Hours of Service (30 Minutes) Do I have to take a break exactly 8 hours after I come on duty? No, the rule gives drivers flexibility in when and where to take the break. The rule only prohibits driving if more than 8 consecutive hours have passed since the last off-duty period of at least 30 minutes If the driver takes a half-hour or more break at some point between the 4th and 8th hours after coming on duty, the driver can complete the rest of the planned 10 hours of driving without another break. If the driver takes the break too early he made need to take another break?

12 Hours of Service (30 Minutes) Does the break count against the 14-hour driving window? Yes. Allowing off-duty time to extend the work day would allow drivers to drive long past the time when fatigue becomes extreme. The 14-consecutive-hour rule was adopted to prevent that and to help drivers maintain a schedule that is consistent with circadian rhythms.

13 Hours of Service (30 Minutes) Does the break have to be spent at rest? No. The driver must be off duty for at least a half hour. Meal breaks or any other off-duty time of at least 30 minutes qualifies as a break. Can time spent waiting to be loaded or unloaded count toward the break requirement? Time spent waiting to be loaded or unloaded is on duty unless the driver has been released from all responsibility for the truck. On-duty time cannot be considered as a break.

14 Hours of Service (30 Minutes) Off Duty in/on a CMV 49 CFR (4), On-duty time (i) any time resting (off Duty) in a parked vehicle, or (iii) up to 2 hours in the passenger seat of a moving property-carrying CMV, immediately before or after 8 consecutive hours in the sleeper berth. If You are On-Duty You can t be Off duty

15 Questions MNSP District Centre Pointe Curve, Suite 410 Mendota Heights, MN Phone FMCSA-MN Galtier Plaza, 380 Jackson St Suite 500 St. Paul, MN Phone MNDOT Commercial Vehicle Operations Unit Transportation Building, MS John Ireland Blvd. St. Paul, MN Phone