HOS Final Rule: 34 hour Restart

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1 HOS Final Rule: 34 hour Restart Second compliance date for Final Rule July 1, 2013 Limits the minimum, 34 hour restart Current Rule No restrictions on how often the restart may be used No required early morning, off duty periods. Final Rule May be used only once a week (once every 168 hours), calculated from the beginning of the previous restart period. Must include two periods from 1:00 a.m. to 5:00 a.m. (home terminal time). Federal Motor Carrier Safety Administration 15 HOS Final Rule: 34 hour Restart Considerations Applies to property carrying motor carriers only. The restart period must include two off duty periods from 1:00 a.m. to 5:00 a.m. The time periods from 1:00 a.m. to 5:00 a.m. must be the motor carrier s home terminal time. For example, if the motor carrier is headquartered in Pennsylvania, the 1:00 a.m. to 5:00 a.m. off duty period must be recorded as Eastern Standard Time. The 34 hour restart provision may be used only once a week (i.e., once every 168 consecutive hours). A driver may not take an off duty period to restart the calculation of his or her 60/70 hours until 168 or more hours have passed since the beginning of the last 34 hour, off duty period. If there is more than one 34 hour off duty period within a 168 hour period, the driver must note the period used to restart his or her hours in the remarks section on his or her log. The 168 hour period is counted from the beginning of the last prior restart. Federal Motor Carrier Safety Administration 16 1

2 Federal Motor Carrier Safety Administration 17 Federal Motor Carrier Safety Administration 18 2

3 34 hour Restart Example There are no violations in this example because the 168 hour period is counted from the beginning of the last prior restart, which was on Saturday (1/1). Federal Motor Carrier Safety Administration 19 Federal Motor Carrier Safety Administration 20 3

4 Federal Motor Carrier Safety Administration 21 Federal Motor Carrier Safety Administration 22 4

5 Federal Motor Carrier Safety Administration 23 Federal Motor Carrier Safety Administration 24 5

6 Federal Motor Carrier Safety Administration 25 Federal Motor Carrier Safety Administration 26 6

7 Federal Motor Carrier Safety Administration 27 Federal Motor Carrier Safety Administration 28 7

8 Federal Motor Carrier Safety Administration 29 Federal Motor Carrier Safety Administration 30 8

9 Federal Motor Carrier Safety Administration 31 Additional examples will be added once approved. Federal Motor Carrier Safety Administration 32 9

10 Federal Motor Carrier Safety Administration 33 Federal Motor Carrier Safety Administration 34 10

11 HOS Final Rule: Mandatory Rest Breaks Second compliance date July 1, 2013 Requires mandatory rest breaks Current Rule No rest breaks are required during the work day. Final Rule 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. Per Section 397.5, mandatory in attendance time may be included in the break if no other duties are being performed. Federal Motor Carrier Safety Administration 35 HOS Final Rule: Mandatory Rest Break Considerations Applies to property carrying motor carriers only. The driver may not drive a CMV if it has been more than 8 hours since the last off duty or sleeper berth period of at least 30 minutes. The 30 minute break must be recorded on the driver s RODS as off duty or sleeper berth time. The mandatory in attendance time required by section may be considered as part of the 30 minute break, provided no other duties are being performed. Federal Motor Carrier Safety Administration 36 11

12 HOS Final Rule: Mandatory Rest Break Example Federal Motor Carrier Safety Administration 37 HOS Final Rule: Mandatory Rest Break Example Federal Motor Carrier Safety Administration 38 12

New HOS Rules 11 hours driving No driving after 14 consecutive hours 10 consecutive hours off duty 60 hour/7 day or 70 hour/8 day 34 hour restart opti

New HOS Rules 11 hours driving No driving after 14 consecutive hours 10 consecutive hours off duty 60 hour/7 day or 70 hour/8 day 34 hour restart opti New HOS Rules 11 hours driving No driving after 14 consecutive hours 10 consecutive hours off duty 60 hour/7 day or 70 hour/8 day 34 hour restart option HOS Exceptions 390.3(f) and 395.1: Adverse driving

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