Keeping on Track with Trucking Hours of Service

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2 Keeping on Track with Trucking Hours of Service

3 Gregory Hooyman Transportation and Compliance Payne and Dolan Inc. Waukesha, WI

4 FMCSA The agency was established as a separate administration within U.S. Department of Transportation on January 1, 2000, pursuant to the "Motor Carrier Safety Improvement Act of 1999", (previously the Office of Motor Carriers) FMCSA is headquartered in Washington, D.C. and employs more than 1,000 people in all 50 States and the District of Columbia, all dedicated to improving the safety of commercial motor vehicles (CMV) and saving lives.

5 Understanding the FMCSA and their Authority

6 FMCSA s mission is to reduce crashes, injuries and fatalities involving large trucks and buses.

7 In carrying out its safety mandate to reduce crashes, injuries, and fatalities involving large trucks and buses, FMCSA Will:

8 Develops and enforces data-driven regulations that balance motor carrier (truck and bus companies) safety with efficiency;

9 Harnesses safety information systems to focus on higher risk carriers in enforcing the safety regulations;

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11 Targets educational messages to carriers, commercial drivers, and the public; and

12 Partners with stakeholders including Federal, State, and local enforcement agencies, the motor carrier industry, safety groups, and organized labor on efforts to reduce bus and truck-related crashes.

13 Enforce the Safety Regulations and Hazardous Material Regulations

14 The Federal Motor Carrier Safety Regulations (FMCSR s) apply to all employers, employees and commercial motor vehicles transporting property or passengers in interstate commerce.

15 Understanding FMCSA Authority pertaining to the Asphalt Industry. Hours of Service. The House reauthorization proposal included a provision that increased the air-mile radius from 50 to 75 miles for the transportation of construction materials and equipment to satisfy the 24-hour restart period under the federal hours of service rule. The provision provided needed flexibility to complete transportation improvement projects without added costs or reduced public safety. We urged conferees to accept the House proposal to increase the hours of service air mile radius to 75 miles. (Fixing America's Surface Transportation - FAST Act 2015)

16 2012 HOS Changes and where do they stand in 2016

17 Who Must Comply? Most drivers must follow the HOS Regulations if they drive a commercial motor vehicle, or CMV. In general, a CMV is a vehicle that is used as part of a business and is involved in interstate commerce and fits any of these descriptions: Weighs 10,001 pounds or more Has a gross vehicle weight rating or gross combination weight rating of 10,001 pounds or more Is designed or used to transport 16 or more passengers (including the driver) not for compensation Is designed or used to transport 9 or more passengers (including the driver) for compensation Is transporting hazardous materials in a quantity requiring placards - See more at:

18 Exceptions Not more than 8 days during any 30 day period! 100 Air Mile Radius Driver 395.1(e) A driver is not required to create a standard log if the following criteria are met: 100 air miles from work reporting location The driver leaves and returns to original work reporting location in 12 hours. 10 consecutive hours off duty separating each 12 hours on duty does not exceed 11 hours maximum driving time following 10 consecutive hours off duty The motor carrier maintains time records for 6 months showing: The time the driver reports for duty each day The time the driver is released from duty each day Total number of hours on duty each day, and Total time on duty for the preceding 7 days for drivers used for the first time or intermittently. A 100 air mile radius driver is not exempt from the 11, 14, and 60 hour/7 day or 70-hour/8 day limit. 100 air miles are equivalent to statute miles.

19 Exceptions Not more than 8 days during any 30 day period! Interstate 150 Air Mile Radius Driver 395.1(e) - Operators of property carrying commercial motor vehicles not requiring a commercial driver's license. 1.The driver operates within a 150 air-mile radius of the location where the driver reports to and is released from work 2.The driver returns to the normal work reporting location at the end of each duty tour 3.The driver does not drive a.after the 14th hour after coming on duty on 5 days of any period of 7 consecutive days b.after the 16th hour after coming on duty on 2 days of any period of 7 consecutive days 4.The motor carrier that employs the driver maintains and retains for a period of 6 months accurate and true time records showing a.the time the driver reports for duty each day b.the total number of hours the driver is on duty each day c.the time the driver is released from duty each day d.the total time for the preceding 7 days in accordance with 395.8(j)(2) for drivers used for the first time or intermittently.

20 February 27, 2013 Hours of Service Changes: All you need to know about rest breaks and restarts

21 PROPERTY-CARRYING DRIVERS 11-Hour Driving Limit (10 hour limit) Maydrive a maximum of 11 hours after 10 consecutive hours off duty. May not drive beyond the 14th consecutive hour after coming on duty, following 10 consecutive hours off duty. May drive only if 8 hours or less have passed since end of driver s last off-duty or sleeper berth period of at least 30 minutes. Does not apply to drivers using either of the short-haul exceptions in 395.1(e). [49 CFR mandatory in attendance time may be included in break if no other duties performed]

22 60/70-Hour Limit May not drive after 60/70 hours on duty in 7/8 consecutive days. A driver may restart a 7/8 consecutive day period after taking 34 or more consecutive hours off duty. 24 hour construction exemption NOTICE: The Consolidated and Further Continuing Appropriations Act of 2015 was enacted on December 16, 2014, suspending enforcement of requirements for use of the 34-hour restart. For more information see FMCSA s Federal Register notice:

23 Sleeper Berth Provision Drivers using the sleeper berth provision must take at least 8 consecutive hours in the sleeper berth, plus a separate 2 consecutive hours either in the sleeper berth, off duty, or any combination of the two. -

24 July 1, 2013 Hours of Service Changes: All you need to know about rest breaks and restarts Beginning July 1, 2013, most commercial truck drivers have needed to comply with new requirements for periodic rest breaks and new restrictions on use of the 34-hour restart option. Why the changes? According to the Federal Motor Carrier Safety Administration (FMCSA), the revisions will help the hardest working drivers get more rest both on a daily and weekly basis thereby reducing fatigue and preventing accidents. Unfortunately for many, the changes will also mean less productivity, less flexibility, and higher costs, including training expenses. Unless your drivers work less than 8 or 9 hours per day or are simply exempt from the new requirements, chances are your drivers schedules would have to be adjusted.

25 Intrastate Variations If your vehicles never cross state lines and are otherwise not involved in interstate commerce (sometimes in-state movements are regulated as interstate commerce), then you have to follow the rules of your home state. In many cases, those rules will be the same as the federal rules, but some states have unique variations.

26 Most States fall into one of three categories Some states simply adopt the federal hours-of-service rules as their own and the rules are the same whether you cross the state line or not. In some cases, it may take the state months or years to adopt a new federal rule, so a particular state may or may not enforce the new HOS rules on July 1, ) Connecticut 5) Georgia 2) Delaware 6) Idaho 3) District of Columbia 7) Iowa 4) Florida 8) Hawaii

27 Most States fall into one of three categories 2. Some states adopt the federal rules but have their own unique definition of what a commercial motor vehicle is. For example, drivers of vehicles under 26,000 pounds may be exempt.

28 Most States fall into one of three categories 3. Some states have their own unique hours-of-service limits and may not adopt the new federal HOS rules.

29 Most States fall into one of three categories A compliance guide that includes state-level requirements can be a big help in understanding the rules in your state.

30 42 Commercial Zones with their own rules. 1 New York, N.Y. 2 Chicago, Ill. 3 St. Louis, Mo.-East St. Louis, Ill. 4 Washington, D.C. 5 Los Angeles, Calif., and contiguous and adjacent municipalities. 6 Philadelphia, Pa. 7 Cincinnati, Ohio 8 Kansas City, Mo.-Kansas City, Kans. 9 Boston, Mass. 10 Davenport, Iowa; Rock Island and Moline, Ill. 11 Commercial zones of municipalities in New Jersey within 5 miles of New York, N.Y. 12 Commercial zones of municipalities in Westchester and Nassau Counties, N.Y. 13 Tucson, Ariz. 14 Albuquerque, N. Mex. 18 Ravenswood, W. Va. 19 Lake Charles, La. 20 Syracuse, N.Y 21 Baltimore, Md. 22 Cleveland, Ohio. 23 Detroit, Mich. 24 Seattle, Wash. 25 Albany, N.Y. 26 Minneapolis-St. Paul, Minn. 27 New Orleans, La. 28 Pittsburgh, Pa. 29 Portland, Oreg. 30 Vancouver, Wash. 31 Charleston, S.C. 32 Charleston, W. Va. 33 Memphis, Tenn. 34 Houston, Tex. 35 Pueblo, Colo. 36 Warren, Ohio 37 Louisville, Ky. 38 Sioux City, Iowa. 39 Beaumont, Tex. 40 Metropolitan Government of Nashville and Davidson County, Tenn. 41 Consolidated City of Indianapolis, Ind. 42 Lexington-Fayette Urban County, Ky.

31 Certain activities that used to be on duty are now off duty, Mandatory Breaks The first day of July 2013 brings several changes to the rules for drivers of property-carrying vehicles, including mandatory rest breaks and changes to the 34-hour restart option. The new rest-break requirement simply says: After June 30, 2013, 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. In simple terms, this means that at any given point in a driver s workday, if he or she wants to continue driving a CMV, the driver must look back at the past 8 consecutive hours and see if the last off-duty and/ or sleeper-berth period of at least 30 minutes ended within that time. If it did not, then a 30-minute break is required before any more CMV driving can be done. Consider this example: For the first 8 hours of this driver s workday, the last break of at least 30 minutes ended at 7:00 a.m. The driver was eligible to drive for 8 hours after the end of that break without getting another break, or until 3:00 p.m. At 3:00 p.m., the driver had to stop driving and take another 30-minute break in order to do any more CMV driving. With the 14-hour limit, the driver had to stop driving by 9:00 p.m.

32 Certain activities that used to be on duty are now off duty, Mandatory Breaks A few things to note about the break requirement: 1. The 8-hour period includes all consecutive time, not just driving time. On-duty time, driving time, and short rest breaks of less than 30 minutes are all counted against the 8-hour limit. 2. Drivers can work as much as they want to without taking the break. The rule only limits their ability to drive a CMV after going 8 hours without a break. 3. The break must be spent off duty and/or in a sleeper berth. It cannot be spent on duty unless transporting certain explosives. 4. Like other off-duty time of less than 10 hours, the break counts against the 14-hour limit.

33 Who Needs a Break? The new break requirement applies to most drivers of property-carrying vehicles who are subject to the federal hours-of-service rules, whether they are exempt from certain HOS requirements or not, including: Short haul (75,100 and 150-air-mile) drivers who are not required to log; The break must be spent off duty and/or in a sleeper berth it cannot be spent on duty unless transporting certain explosives.

34 Oilfield drivers; Drivers transporting construction materials and equipment; Drivers using the adverse conditions exception; Driver-salespersons; Hawaii drivers; and Drivers engaged in groundwater well drilling operations Drivers who are exempt from having to fill out logs (100/150-air-mile drivers) should not have to change their recordkeeping practices in order to comply with the break requirement. That is, no special documentation is required to show that the break was taken. However, because these drivers are required to record their total on-duty time each day, that total should not include the mandatory breaks, which must be spent off duty.

35 What About Transportation of Hazmat? If hazardous materials are being transported, drivers also need to take the mandatory break, and it must be spent off duty and/or in a sleeper berth unless transporting Division 1.1, 1.2, or 1.3 explosives. Drivers transporting these explosives must remain on duty at all times while attending the load ( 397.5), so they are allowed to show their mandatory breaks as on duty as long as they enter a remark on the log to designate a 30-minute period as their break. No other work (other than attending to the load) can be performed during the break.

36 Electronic Logging Devices

37 Electronic Logging Devices It is time that Congress and the Executive Branch provide the same, high level of safety that the American public and the airline industry have come to expect, and indeed realize, in the aviation industry. During the past Thanksgiving week there were no commercial airplane crashes, yet nearly an estimated 100 people died, and over 1,400 more were injured in truck crashes. Chronic worker fatigue, falling asleep on the job and threats to health and safety would never be tolerated in any other sector of the transportation industry and neither should it be tolerated in the trucking industry where thousands are killed annually.

38 Electronic Logging Devices Mandate The ELD mandate stems from Moving Ahead for Progress in the 21st Century (MAP-21) legislation that became effective October 1, With the mandate, ELDs will be required for drivers that are currently subject to paper logs as a means of tracking hours-of-service (HOS) compliance. The ELD mandate also defines technical and performance specifications. Among them are that an ELD must allow the driver to log in and select duty status graphically display a Record of Duty Status, provide data in a format that s standardized and can be transmitted to law enforcement in a number of ways, such as by using wireless, USB or Bluetooth 2.0 devices. To address cost concerns, FMCSA has also provided that mobile devices such as smartphones and tablets can be used, as long as the system as a whole meets ELD requirements, including a hardwired connection to the truck s engine.

39 History of ELD Rulemaking AOBRD Final Rule NPRM: EOBR 1 Final Rule EOBR 1 (Vacated 8/2011) (January 2011) NPRM EOBR 2 ELD s first Mandated as part of MAP 21 Oct. 12, Put on hold by Justice Dept.for further review Sept Proposed Rule for ELD s 2014 Dec.16, 2015 Final Publication Date Dec. 16, 2017 Compliance Date Dec. 16, 2019 Last Date for EOBRD s

40 . The Myth s about ELD s

41 ELDs will put owner/operators out of business One of the remarks most frequently shared with the FMCSA during the ELD mandate comment period was a fear that ELDs would push owner/operators out of business. Those fears arose from: The perceived prohibitive cost of ELDs The potential loss of driving hours Strict Hours of Service regulations compliance Did those drivers have cause for worry? Fact: Once most commercial truck drivers have adopted electronic logging devices, they refuse to return to paper logbooks. Further, many drivers find ELD use actually helps them gain more time on the road, as e-logs can record duty status changes down to the nearest minute. Conversely, paper logbooks require drivers to round up to the nearest 15 minutes, resulting in fewer miles posted.

42 ELDs are too expensive When electronic logging systems were first introduced over 20 years ago, fleets paid up to $2,500 for a single device. Even at those prices, fleets were willing to invest in the trucking technology that helped them reduce paperwork, stay in touch with drivers, and maximize drive time. But, what about today? Fact: With today s technology, ELD prices have dropped considerably, due in part to the introduction of smartphone and tablet compatibility options that reduce upfront costs. A decrease in technology hardware costs overall has also contributed to lower ELD prices. With the ELD rule, the FMCSA estimates that the average annual cost of an ELD will be $495 per truck, with a total range of $165 to $832 per truck on an annualized basis. Considering the overall operational costs of a trucking business, ELD investment doesn t rank when compared to operating expenses, like fuel, liability insurance, tractor-trailer equipment, and permitting costs.

43 ELDs require truck driver interaction on the road Some anti-eld advocates claim that ELDs require commercial drivers to interact with them while on the road. Fact: That s not the case. A driver does need to log into a device. And, it s true that a status must be selected indicating Off-Duty or Sleeper Berth; there is no system today that can or should identify those tasks automatically. However, once the wheels are rolling, an electronic logging device recognizes the difference between Driving and On-Duty Not Driving, automatically updating the driver s status. While driver interaction when the truck s in motion is never needed, a countdown timer with audible alerts is available, ensuring drivers are never surprised to discover they re running low on hours. And, alerts ensure drivers have enough time to reach a safe place to park, before reaching their Hours of Service limits.

44 An ELD will automatically report HOS violations to law enforcement While an officer will be able to quickly see if there are violations of Hours of Service rules, nothing is transmitted to enforcement unless there is reason to do so, like a roadside inspection, a traffic infraction, or an FMCSA compliance audit. Fact: An ELD is a replacement for a paper logbook. It does not automatically transmit data to inspectors or law enforcement agencies, and it does not automatically trigger violations. A big benefit of an ELD? Roadside inspections go much faster. Truck drivers get back on the road more quickly because inspection officials can see areas of concern or verify compliance with HOS regulations at a glance. And, when safety managers are confident their paperwork is in order, DOT audits take hours, not days or weeks

45 It s big brother watching The truth is, only employees at the trucking company who are authorized to view ELD data will be able to pinpoint a vehicle location. Fact: ELD regulation includes privacy provisions that give drivers more peace of mind. For example, if a vehicle is being used for personal conveyance, location data can only be available with the clarity of a 10-mile radius. Simply put, the DOT will not know your every move. It s the same process as an audit of your paper logs, except that electronic driver logs save time and are more accurate.

46 ELDs can shut down your truck Fact: This is incorrect. Remote shutdown technology does exist, but it s not an ELD standard. Decisions about where and when a truck may safely be stopped are best left in the driver s capable hands. ELDs were simply designed to record engine data they don t take control of your vehicle.

47 ELDs don t improve truck and driver safety An ELD doesn t control the truck, so it can t dictate a truck s speed, following distances, or lane changes. However, ELDs are able to let drivers and dispatchers know how much time they have left behind the wheel each day, and that leads to smarter dispatching decisions, which can keep drivers safer on the road. Fact: The FMCSA recently released Evaluating the Potential Safety Benefits of Electronic Hours of Service Recorders Final Report, a report from the Center for Truck and Bus Safety of Virginia Tech Transportation Institute. The report found that commercial drivers using E-Logs had a significantly lower total crash rate (11.7% reduction) and a significantly lower preventable crash rate (5.1% reduction) than trucks not equipped with electronic logs.

48 ELDs cut into tight profit margins When the costs of ELDs are debated, the benefits are often left out of the equation. Fact: An ELD can offer significant return on investment, especially when it comes to improvements in fuel economy. Remember, ELDs are much more than expensive electronic driver logs. Many drivers who utilize ELDs are able to identify driving behaviors that cut into their profits like idling, speeding, and hard braking. That means they can track improvements in driving performance and new trucking technologies. Beyond truck and driver performance gains, ELDs, and the ELD mandate, help a fleet understand that driver time is an extremely precious (and limited) resource. When all drivers are bound to the same constraints like driving 11 hours in a day, or being on-duty 60 or 70 hours in a week drivers and fleets can focus on selling and making the most of that time instead of sitting idle (and unpaid) at a shipper s dock.

49 Only the big fleets will be required to use an ELD Many large trucking companies have noted dramatic improvements in CSA scores and reduced operating costs following the implementation of electronic logging devices. But each day, small fleets operating 20 trucks or less realize those same improvements in their trucking operations. Fact: The ELD mandate will not discriminate on fleet size. Regardless of whether you have one truck or 10,000, if you re currently filing a Record of Duty Status, you will need an ELD. For small fleets that are worried about the price of devices there are options that require very small startup costs available today, and the ROI can be immediate.

50 My smartphone alone will meet the ELD standards While the FMCSA is encouraging low price entry devices, a smartphone or tablet alone will not meet the ELD requirements. A device must also be integrally synchronized with the truck s engine to comply. Fact: A GPS-enabled cell phone cannot accurately track miles traveled. Only devices that have been certified and listed with the FMCSA will be considered compliant, making records from a GPS device or cell phone problematic in the case of an audit or inspection.

51 Electronic Logging Devices The FMCSA says it will maintain a list on its website of current ELD makers and devices that are certified to meet federally required ELD specifications. FMCSA says it expects all 22 ELD makers to register their devices electronically, and that it estimates roughly 88 different devices will be registered. The agency s proposed rule to mandate ELDs published in March included specification requirements for the ELD hardware, to ensure consistency among manufacturers and devices, the agency says. The rule also requires ELD makers to register compliant devices with FMCSA

52 HOS Regulations 49CFR (m) Construction materials and equipment. In the instance of a driver of a commercial motor vehicle who is used primarily in the transportation of construction materials and equipment, any period of 7 or 8 consecutive days may end with the beginning of any off-duty period of 24 or more successive hours. Transportation of construction materials and equipment means the transportation of construction and pavement materials, construction equipment, and construction maintenance vehicles, by a driver to or from an active construction site (a construction site between mobilization of equipment and materials to the site to the final completion of the construction project) within a air mile radius of the normal work reporting location of the driver. This paragraph does not apply to the transportation of material found by the Secretary to be hazardous under 49 U.S.C in a quantity requiring placarding under regulations issued to carry out such section.

53 Can we expect relief from HOS Regulations? National Ready Mix Association Exemption Highlights: As a result of NRMCA s efforts, it s specific to only mixer truck drivers; Spans for 2 years (Made permanent with the adoption of the FAST Act); Applies only to those drivers and companies that have a good safety rating with FMCSA and the CSA program; If a driver passes the 12-hr threshold contained in the 100 air-mile logging exemption, they don t have to take the break but rather can apply a previous 30-minute waiting time period toward the 30-minute break; Drivers utilizing the exemption must keep a copy of the exemption document in their truck. WATCH OUT WHAT YOU ASK FOR

54 National Ready Mix Association Exemption Highlights: Any motor carrier utilizing this exemption must notify FMCSA within 5 business days of any accident (as defined in 49 CFR 390.5), involving any of the motor carrier s CMV drivers operating under the terms of this exemption. The notification must include the following information: a. Date of the accident, b. City or town, and State, in which the accident occurred, or closest to the accident scene, c. Driver s name and license number and State of issuance, d. Vehicle number and State license plate number, e. Number of individuals suffering physical injury, f. Number of fatalities, g. The police-reported cause of the accident, police report, h. Whether the driver was cited for violation of any traffic laws or motor carrier safety regulations, and i. The driver s total driving time and total on-duty time period prior to the accident.

55 What should we ask for? Relief from 30 min break rule 60/70 hour reset rules (2-1am to 5 am-168 hour rule) Short haul extended to 14 hours on duty Short Haul restriction about returning to start location eliminated

56 What s new for 2016 Entry Level Drivers Trainer must be listed on a National Registry administered by the FMCSA Heavy Vehicle Sped Limiters Speeds on vehicles over 26,000# must have their speeds limited by installing a speed limiting device Rear Impact guards New rear bumper requirements for single unit vehicles New Insurance minimums BAC Will raise the minimum level of insurance coverage a carrier must carry Proposal to reduce BAC from.08 to.05 (50% if CDL Holder.025)

57 QUESTIONS?