After a lengthy delay, the Federal Motor Carrier Safety Administration (FMCSA) has released its final rule revising the regulations affecting the hours of service for operators of commercial motor vehicles (CMV). These regulations primarily apply to truck and bus drivers who transport cargo or passengers between more than one state.

Hours Worked Per Week

One of the main changes that the new rules make is that it lowers the average number of hours per week that CMV drivers can work to 70 hours. Under the old rule, a CMV driver could work an average of 82 hours a week. It is intended that the new limit should help reduce accidents due to fatigued drivers. According to the most recent government data, CMV driver fatigue was listed as a factor in 1.4 to 2.1 percent of fatal accidents.

Rest Breaks

Another change made by the new rules mandates 30-minute rest breaks for CMV drivers. The rule prohibits CMV drivers from driving if more than eight hours have passed since the last 30-minute break. Drivers have the discretion to take the break any time that they need rest during the eight-hour period.

On-Duty Time

In addition, the new rules change the definition of on-duty time, or the time that is counted towards the hours of service limits. Under the old rule, any time a driver spent in the truck, with the exception of the sleeping compartment, was considered on-duty time.

Under the new rules, on-duty time does not include any time used to rest in the vehicle if the vehicle is parked. If the vehicle is moving, on-duty time does not include resting up to two hours in a passenger seat immediately before or after eight uninterrupted hours in the sleeping compartment.

The new rules also require a driver to count the time spent waiting to load or unload the truck as on-duty, unless the driver is does not have any responsibility for the vehicle during that time.

Effect on Safety

Safety advocates, who were hoping for a change to the daily limit on driving, contend that the new changes do little to address safety. The new rules leave the 11-hour daily driving limit under the old rules unchanged.

The FMCSA had originally proposed a 10-hour daily limit, but backed down after receiving pressure from trucking companies. According to safety advocates, CMV drivers who drive for 11 uninterruped hours are at the greatest risk of being involved in a trucking accident.

Source: Truckinginfo, "Final HOS Rule Retains 11-Hour Driving Limit," 12/22/2011.