Many
things have changed in the motor carrier industry
since 1939 when the original hours-of-service
(HOS) regulations were prescribed for truck
drivers. Our roads are better designed, constructed,
and maintained in a nationwide network to
provide greater mobility, accessibility, and
safety for all highway users. Vehicles have
been dramatically improved in terms of design,
construction, safety, comfort, efficiency,
emissions, technology, and ergonomics. These
factors, combined with years of driver fatigue
and sleep disorder research, have led to a
revision of the HOS regulations for drivers,
the most important component of trucks operating
on the highway.
Hours of Service
Regulation:
These regulations only apply to property
carriers and drivers. Passenger carriers and
drivers will continue operating under the
existing rules while fatigue issues specifi
c to the passenger carrier industry are assessed.
- Drivers may drive up to 11 hours instead
of 10 hours, but are limited to 14 hours
in a duty period.
- The 14-hour duty period may not be extended
with off-duty time for meal and fuel stops,
etc. Only the use of a sleeper berth can
extend the 14-hour on-duty period.
- Each duty period must begin with at least
ten hours off-duty, rather than eight.
- The 60 hours on-duty in 7 consecutive
days, or 70 hours on-duty in 8 consecutive
days, remains the same, but drivers can
“restart” the 7/8- day period by taking
at least 34 consecutive hours off-duty.
Sleeper Berth Exception: Drivers may split on-duty time by using sleeper
berth periods, but must comply with the new
hours-of-service rules. These drivers may
accumulate the equivalent of 10 consecutive
hours off-duty by taking a combination of
at least 10 consecutive hours off-duty and
sleeper berth time; or by taking 2 periods
of rest in the sleeper berth, provided:
- Neither period is less than 2 hours;
- Driving time in the period immediately
before and after each rest period when added
together does not exceed 11 hours; and
- The driver does not drive after the 14th
hour after coming on duty following 10 hours
off-duty, where the 14th hour is calculated
by: (A) Excluding any sleeper berth period
of at least 2 hours which, when added to
a subsequent sleeper berth period, totals
at least 10 hours; and (B) Including all
on-duty time, all off-duty time not spent
in the sleeper berth, all sleeper berth
periods of less than 2 hours, and any sleeper
berth period not described in paragraph
3(A).
Industry Exceptions: Oil fi eld operations, ground water well drilling
operations, construction materials and equipment
operations, and utility service vehicle operations
must comply with the new 11-hour driving,
10 consecutive hours off-duty, and 14-hours
on-duty requirements of the new rule. However,
the 24-hour restart provisions applicable
to these operations remains in effect.
Agricultural Exemption: Agricultural operations retain their current
statutory exemption from driving time requirements
for transportation occurring within a 100
air-mile radius of a farm or distribution
point during planting or harvesting season
within each State, as determined by the State.
FLORIDA
PERSONAL INJURY LAWYER
Serving the Entire State of Florida Including:
STUART • PORT ST.
LUCIE • OKEECHOBEE • PALM BEACH • VERO BEACH
JUPITER • ST. LUCIE WEST • WEST PALM BEACH
• FT. PIERCE |