HOS: Do you know the rules? Today s Webinar. Today s Webinar. Hours of Service: Do you know the rules? Hours of Service: Do you know the rules?
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1 HOS: Do you know the rules? Today s Webinar Hours of Service: Do you know the rules? Miranda Gervais DMO Client Services Manager J. J. Keller & Associates, Inc. Today s Webinar Hours of Service: Do you know the rules? Adam Posegate DMO Client Service Specialist J. J. Keller & Associates, Inc. Tom Bray Editor, Transportation Manager J. J. Keller & Associates, Inc. 1
2 Hours of Service Applicability Limits Record of duty status Exceptions Overview Regulations in Part 395 of the FMCSRs Developed and enforced by FMCSA Meant to keep tired CMV drivers off the road Applicability Property-Carrying CMVs 10,001 pounds or more in interstate commerce Any size hauling placardable hazmat in interstate or intrastate commerce 2
3 Applicability Intrastate Operations Not crossing state lines Not furthering interstate commerce Interstate Operations Crossing state lines Furthering interstate commerce Poll Question #1 Do your drivers use: Grid Logs Exempt Logs Both Neither What s a Log? Limits The regulations limit the hours a driver is: Driving On duty Off duty 3
4 Limits Driving Time 11 hours of driving time 10 consecutive hours off duty Limits 14 Hour Duty Time 14 consecutive hours of duty time 10 consecutive hours off duty 14 hour violation 4
5 Limits 14 Hour Duty Time 14 hour window is consecutive Breaks/other off-duty time do not extend the 14 hour window Driver may work after the 14 th hour but may not drive Limits 60/70 Hour 7/8 Days A cumulative or weekly limit Based on on-duty time Limits 60/70 Hour 7/8 Days On-Duty Time: Waiting to be dispatched Inspection, servicing, conditioning a CMV Driving In/on the vehicle (except sleeper berth) Loading/unloading Repairing, obtaining assistance, attending disabled vehicle Performing other work for a motor carrier Complying with drug and alcohol testing requirements Performing compensated work for any other employer 5
6 Poll Question #2 Who provides the logs to your drivers? The company provides the logs The driver or contractor provides the logs We use electronic logging Limits 60/70 Hour 7/8 Days Which rule should we use? If company does not operate CMVs every day 60-hour/7-day limit must be used If company operates CMVs every day either 60-hour/7-day or 70-hour/8-day limit may be used Limits 60/70 Hour 7/8 Days A driver may not drive a CMV after reaching to 60- or 70-hour limit A driver may do non-driving work Non-driving work hours must be added to the total 6
7 Limits 60/70 Hour 7/8 Days How to determine 7/8 day compliance 7- or 8- consecutive days mean any period of 7- or 8-days in a row The oldest day s hours drop out and the new day s hours are added Tracking Driver Hours in DMO Limits 60/70 Hour 7/8 Days 34-Hour Restart Hours off-duty must be consecutive Use of restart is voluntary/optional 7
8 Poll Question #3 How do you train drivers on violations? We don t train drivers on violations We fire them We have a meeting with them to go over violations We fix their logs no violations Limits Passenger-Carrying Passenger carrying drivers: 10 hours driving time 15 hours on duty 8 consecutive hours off duty 60/70 hour 7/8 days No 34 hour restart Record of Duty Status The driver s log must be: In duplicate Legible Filled out by the driver in his/her own handwriting for each 24-hour period 8
9 Record of Duty Status Electronic Onboard Recording Device (EOBR) Must warn a driver when it is not functioning Driver must switch to a paper log at that point Drivers cannot edit the logs Record of Duty Status Record of Duty Status 9
10 Record of Duty Status When change of duty status occurs at location other than a city, town, village, list: Highway number & nearest milepost or Highway number & name of service plaza or Highway number of nearest two intersecting roads Each should be followed by the name of the nearest city, town, village & state abbreviation Record of Duty Status Avoid simple form & manner errors Have an entry on every blank line before submitting the log Enter city and state for all duty changes Record of Duty Status Record retention: Original log must be submitted to the motor carrier within 13 days (carrier may require drivers to submit logs more often) Original log and all supporting documents must be kept by the carrier for 6 months Copy/duplicate must be kept by the driver while on duty for 8 days 10
11 Record of Duty Status Examples of supporting documents: Toll receipts Fuel receipts Dispatch records Scale tickets Port of entry receipts Record of Duty Status GPS records may be requested and used as a supporting document in an investigation or audit Record of Duty Status Logs and supporting documents must be made available within 48 hours when requested by an authorized official 11
12 Record of Duty Status Auditing logs helps assure driver and company compliance with the hours-of-service regulations Record of Duty Status When auditing logs look for: Form and manner violations Graph grid violations (11 and 14 hour limits) Compliance with the 60/70 hour limit Record of Duty Status Supporting documents and falsification Sampling of 10 to 50 percent of all drivers Use both driver submitted and non-submitted documents Select drivers with highest potential for violating Accidents Out of Service Violations Highest performing drivers 12
13 Record of Duty Status Have a company policy addressing falsification of log Poll Question #4 How does your company audit logs? Safety supervisor or dedicated employee manually auditing We use software We use a web-based auditing program (Log Checker Online) Outsourcing We do not audit logs Exceptions Each exception is unique and has its own requirements for use Some exceptions allow the driver to: Work extra hours or Split his/her break or Not complete a log 13
14 Exceptions Sleeper Berth Options: 10 consecutive hours in sleeper Sleeper + off-duty = 10 consecutive hours Exceptions Sleeper Berth Split Sleeper Berth Option: 8 consecutive hours in the sleeper berth 2 consecutive hours: In the sleeper berth Off duty In the sleeper berth and off duty Exceptions Sleeper Berth Split Sleeper Berth Option: Driver does not have all 11 hours of driving time available Compliance must be re-calculated from the end of the first of the two periods 14
15 Exceptions Sleeper Berth Activity Driving Sleeper Berth Hours Used 6 hours 8 Hours 11 hours allowed 6 hours driving = 5 hours driving available Exceptions Sleeper Berth Split Sleeper Berth Option: Calculation of 14-hour limit does not include sleeper berth period of at least 8 consecutive hours Compliance must be recalculated from the end of the first of the two break periods Exceptions Sleeper Berth Activity Sleeper Berth Driving Off Duty Hours Used 8 Hours 5 Hours 2 Hours 5 hours driving + 2 hours off duty = 7 hours 14 hours 7 hours = 7 hours available 15
16 Exceptions Other exceptions: Adverse driving conditions 395.1(b) 100 air-mile CDL driver short haul 395.1(e)(1) 150 air-mile non-cdl driver short haul 395.1(e)(2) 16-hour short haul 395.1(o) Exceptions Adverse Conditions What are adverse conditions? Driver did not know about prior to run: Unforeseen weather conditions Traffic shut-down due to crash Does not include situations drivers or dispatchers should have known about: Typical rush hour traffic Forecasted blizzard Exceptions Adverse Conditions May drive up to 13 hours within 14 hour duty window May not drive after 14 th consecutive hour after coming on duty 16
17 Exceptions 100 Air-Mile Radius A driver is not required to keep a log if he/she: Drives within a 100 air-mile radius of his/her normal work reporting location Returns to his/her normal work reporting location and is released within 12 consecutive hours Follows the 10 consecutive hour off-duty and 11-hour driving requirements Exceptions 100 Air-Mile Radius Driver must keep records showing: Time in Time out Total number of hours on duty Exceptions 100 Air-Mile Radius Records and supporting documents must be kept for 6 months Records are not required to be kept on the vehicle 17
18 Exceptions 100 Air-Mile Radius This is an option that may be used Carrier may continue to require a driver to maintain a log Exceptions Non-CDL Short Haul Allows driver to extend 14 consecutive hour period on two days: In any period of 7 consecutive days or After any period of 34 or more consecutive hours off duty Exceptions Non-CDL Short Haul To use this exception the driver must: Drive a truck that does not require a CDL Work within a 150 air-mile radius of the normal work reporting location Return to the normal work reporting location each day 18
19 Exceptions Non-CDL Short Haul To use this exception the driver must not drive: After the 14 th hour after coming on duty on 5 days of any period of 7 consecutive days After the 16 th hour after coming on duty on 2 days of any period of 7 consecutive days Exceptions Non-CDL Short Haul Driver must keep a time record showing: Time in Time out Total number of hours on duty Exceptions Non-CDL Short Haul Records and supporting documents must be kept for 6 months Records are not required to be kept on the vehicle 19
20 Exceptions Non-CDL Short Haul This is an option that may be used Carrier may continue to require a driver to maintain a log Exceptions Non-CDL Short Haul A driver who uses this exception is not eligible to use the: 100 air-mile radius exception 395.1(e)(1) 16 hour short-haul exception 395.1(o) Split-sleeper provision 395.1(g) Exceptions 16 Hour Short Haul Allows driver to extend the 14 consecutive hour period once: Every 7 consecutive days or After 34 or more consecutive hours off duty 395.1(o) 20
21 Exceptions 16 Hour Short Haul To use this exception the driver must: Return to the normal work reporting location that day and last 5 duty tours Be released from duty within 16 hours after coming on duty and Only use this exception once every 7 consecutive days (unless 34 hour restart used) Exceptions Under certain conditions exceptions exist for: Oilfield operations 395.1(d)(g) Agricultural operations 395.1(k) Ground water well drilling 395.1(l) Transportation of construction materials/equipment 395.1(m) Utility service vehicles 395.1(n) Motion picture industry 395.1(p) Poll Question #5 According to this webinar, can a CDL Interstate driver work past the 14 th hour since coming on duty? YES NO 21
22 Questions? Use the Q&A function to ask questions. 22
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