Last month, the Federal Motor Carrier Safety Administration (FMCSA) issued its much anticipated final rule the Hours of Service for Drivers (HOS). The rule appeared in the Federal Register on August 25, 2005 at 70 FR 49977 - 50073. The new rule replaces the HOS regulations that were last updated in 2003 for property carrying commercial motor vehicle drivers. The maximum driving time and minimum rest limits remain the same as previously determined. The major changes involve short-haul operators and longer distance CMV drivers who must use in-cab sleeper berths for required rest periods.

As in the 2003 final rulemaking, drivers are prohibited from driving more than 11 hours in a row, working longer than 14 hours in a shift, and driving more than 60 hours over a seven day period/70 hours over an eight day period. CMV drivers must rest for at least 10 hours between shifts and provide a 34-hour period to recover from cumulative fatigue.

The one change that may affect transporters of homes is for drivers who use sleeper berths. CMV drivers will be required to use sleeper berths to rest for at least eight consecutive hours in a row, and take another two consecutive hours off duty by either the sleeper berth or as off duty, or any combination of the two, before resetting the daily driving schedule.

Another change affects short-haul operators. These drivers, such as landscape crews and delivery personnel, will not be required to hold a valid commercial drivers license. This applies for those drivers who work within a 150-mile radius of their normal work reporting location and they may be able to extend their work day twice per week. Log books for these short-haul drivers will not be mandatory. The driver’s employer will need to maintain accurate time records for a six-month period showing the duty time beginning, end, and total hours worked each day.

The new rulemaking has an October 1, 2005 effective date. Those wishing to download the Federal Register rule can do so by clicking here.

For further information, contact Mark Nunn at 703-558-0665 or mark@modularcouncil.org