The latest revision to federal hours-of-service (HOS) regulations takes effect on July 1st. The key changes are new limitations on the 34-hour restart provision and mandating rest breaks. For most operators the effect on productivity should be minimal – it all depends on individual operational characteristics. There will be some operators negatively affected but claims that everyone will experience a 10-15% productivity loss simply do not pencil-out when looked at objectively.

34-hour restart provision

The most controversial change involves the usability of the 34-hour restart. Beginning July 1st drivers will need to include two consecutive overnight rest periods between 1 a.m. and 5 a.m. home terminal time, not the time zone you are traveling through. Use of the restart will be limited to once per week or more, accurately measured every 168 hours from the beginning of the previous restart. If a driver takes more than one off-duty period of 34 or more consecutive hours within a 7 day period they must indicate in the Remarks section of the daily record of duty status which off-duty period was used for a restart - §395.3 (d).

While drivers certainly don’t always have control over how their available hours are spent, time management becomes even more important if you want to minimize the total hours spent parked before having a qualified restart. It is still possible to take only 34 hours off-duty to restart the 60 or 70-hour clock. It is also still possible to max out at about 83 on-duty hours in an 8-day period. Since the advent of the 34-hour restart provision, it seems many have forgotten that the rules limiting on-duty hours to 60 or 70 total hours in 7 or 8 days respectively never disappeared. Drivers still have the option of using the “recap” method to account for daily hours used against their 60 or 70 total available hours.

Not everyone has to follow the new rules to use the restart provision. Oilfield operations and construction materials and equipment operations still maintain their exemptions that allow those operators to restart their hours with an off-duty period of 24 or more successive hours.

Mandatory half-hour break

When FMCSA held an HOS listening session at the Mid-America Truck Show in March of 2010, many drivers publicly told federal officials that their motor carriers pushed them to drive continuously without a break. FMCSA got that message loud and clear by adopting this new requirement.

The new rule simply states, “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.”

Time management will again be important because if a driver takes a break too soon, it is entirely possible they will need to take a second break before hitting the maximum driving time of eleven hours. For example: If you begin your day driving for two hours and then spend an hour off-duty, you would need to take another break at the end of your tenth hour of driving in order to legally drive into the eleventh hour. There are also examples where a driver could actually not be able to drive their full 11 hours within the 14-hour rule if breaks are not properly managed.

While the new mandatory break rule requires a driver to be off-duty for at least a half hour, that is not possible for those hauling Division 1.1, 1.2, or 1.3 explosives because of attendance requirements contained at 49 CFR 397.5. FMCSA recognized this conflict and will allow drivers of vehicles containing those items to use 30 minutes (or more) of attendance time to meet the rest break requirement. However, those drivers must record the rest break as on-duty time and flag that time with a notation indicating it was used to meet the requirement for a break.

Recap (pun intended)

Litigation was brought by the trucking industry and highway safety advocacy groups challenging many aspects of the new rules – including whether FMCSA should have reduced the daily driving time to 10 hours. It’s probably telling that the U.S. Court of Appeals for the D.C. Circuit which heard oral arguments early in the spring has not issued a decision yet. I suspect that the new rules are going to be the rules, and it would be wise to figure out how to make them work in your operation.

I mentioned time management a few times and obviously drivers do not always control their schedule. They can minimize the impact of each significant rule change. One of the biggest challenges I foresee may actually be of the paperwork variety. Miscalculate 168 hours between restarts; forget to flag an off-duty period used for a restart, or flagging a half-hour break when hauling explosives and you’ll probably get a “driving award” from your friendly inspector. 

Comments (5)

Joe Rajkovacz

Joe Rajkovacz is the Director of Governmental Affairs & Communications for the California Construction Trucking Association and Western Trucking Alliance located in Upland, CA. The CCTA is the oldest independent trucking association in the U.S. originally founded in 1941. He has been involved in the trucking industry for over 35 years beginning as a driver in 1977. He was an owner-operator for over 20 years before becoming involved in trucking association activities. He is a frequent guest commentator on the SiriusXM Road Dog channel.

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I just want to know where all the trucks in USA are going to find parking in the same time periods! How could the Feds do this without proper parking spaces in place before making this law? Two steps back to trying to stay healthy with a regular sleep pattern ( or as close to one a trucker can get )

July 04, 2013 17:55:35 PM

Joe informative article and we have been "practicing" the 1/2 hour stop as we are usually watching the clock and keeping the left door closed. This philosophy of not stopping is coming back to haunt us a little right now. When under non secure loads this month I have been taking the 1/2 break and I have found a 1/2 hour is longer than expected. I wander in to the truck stop and use the restroom and saunter back to the truck to find I have used up eight minutes... Now I walk around the truck stop a bit to stretch my legs and find the 1/2 break is really going to help my health. When under a secure load the 1/2 hour gives me time to stop and grab a bite to eat in the truck leisurely and using a FORK (Nice one Jeff) and take a minute to pause. We have to plan ahead on when and where we are going to stop as one day I pushed it out to far and got caught up in road construction and almost did not get stopped in time. With planning I believe the 1/2 break is actually going to benefit my health. The 34 hour restart is also going to take some planning but I believe with a combination of a recap and watching the clock this will work out fine for us.

June 20, 2013 7:27:01 AM

There has been one more addition to the 1/2 hour stop and staying on duty not driving that has been recently added. DOE - Department of Energy load are now classified like Explosives 1.1 1.2 1.3.

June 20, 2013 7:21:35 AM

It will take a few adjustments for my business. I have noticed that stopping to eat takes me about 22 minutes-because I hurry. Just relaxing and eating slower will eat up that extra 8 minutes. I may even use a fork.

June 19, 2013 16:05:20 PM

You nailed it when you stated... drivers publicly told federal officials that their motor carriers pushed them to drive continuously without a break. FMCSA got that message loud and clear by adopting this new requirement. The real deal is the new rules will not have a major impact unless you are living at the edge of what is "legal" under the current rules. If as much effort is put into figuring out how to make the new rules work as many are putting into making them not work you should make out just fine. Thanks for the post which was not full of all of the normal doom and gloom hype.

June 19, 2013 12:07:09 PM