Hours-of-service regulations

Each of the different transportation modes in the United States has regulations specifying maximum on-duty times and rest periods. Some of the regulations 

Aviation limits were addressed in the Civil Aeronautics Act of 1938 and the Federal Aviation Act of 1958. In 1985, domestic flight limitations and some commuter limitations were updated. 

This time may be reduced to 9 hr if the following rest period, to begin no later than 24 hr after the commencement of the reduced rest period, is increased to 12 hr. 

Twenty-four-hour operations in the field of public and commercial transportation will automatically place operators at risk for sleep loss. This sleep loss mainly stems from a disruption of circadian biological rhythms due to the nature of the service around the clock. While human operator failure cannot be avoided entirely, precautions must be taken to minimize the risk of accidents due to fatigue. 

Numerous accidents that have occurred under the influence of operator fatigue have been documented by institutions such as the National Transportation Safety Board in the United States. Some of these accidents have been described earlier in this chapter. As a result of these incidences extensive research has been conducted to address the factors involved in human operator fatigue. Federal institutions in the United States and Canada primarily commissioned this research. 

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Table 1 U.S. Hours of Service Regulations for the Different Transportation Modes (49)...

In Europe, little or no work has been officially commissioned to investigate underlying factors for human operator fatigue. Consequently, for many years new laws have been implemented in the United States and Canada to reduce the risk of fatigue-related catastrophes, while outdated regulations are still in effect in Europe. Therefore, it is not surprising that the latest implementation of hours-of-service regulations for European pilots, A5-0263/2002 (50), has been heavily opposed by the European Cockpit Association. 

Accident data show a strong influence of time-of-day factors. Thus, hours-of-service regulations cannot be based only on the overall length of the duty period. Instead, they must include a careful consideration of the positioning of the duty period within the 24-hr cycle. In addition, inverted duty-sleep periods need... 

The oilfield operation exceptions to the hours-of-service regulations apply to drivers used exclusively in oilfield and natru al gas operations. 

Verifying compliance with the hours-of-service regulations is one area that may require procedures as well as a policy. Providing a step-by-step guide of how logs are to be checked for false entries and how drivers that are found to be violating the rules are to be handled would be examples of necessary procedures. 

Therefore, all applicable FMCSRs apply. The employee needs to be fully qualified (complete with a current DQ file), in compliance with the hours of service regulations, and, depending on the type of vehicle, in your random drug and alcohol pool. 

The hours-of-service regulations are designed for one purpose and one purpose only — to reduce the number of vehicle accidents, injuries, and fatalities caused by drivers operating a CMV while fatigued. 

In the pages to follow, we will show you how to do these things, as well as examine the current hours-of-service regulations. 

While the hours-of-service regulations may seem darmting, there are easier ways to think of them. The regulations cover three primary areas — limits ( 395.3 and 395.5), logs ( 395.8 and 395.15), and exceptions to the limits and logging requirements ( 395.1) — and this is the best way to think about them. However, as you can see, the regulations are not laid out this way, but it is the best way to think of them ... 

Second, the exceptions normally only exempt the driver from specific portions of the hours-of-service regulations, such as having to complete a daily log. They generally do not exempt the driver from all hours-of-service regulations and they certainly do not exempt drivers from other regulations, such as the requirement to carry a medical card. 

Centiiry Act (MAP-21), the latest highway bill that was effective October 1,2012, also changes the exceptions to the hours-of-service regulations. The table below summarizes these HOS exceptions ... 

Agricultural operations Expands and better defines the current hours-of-sen/ice exception for the transportation of agricultural commodities and farm supplies, by defining agricultural commodity and Tarm supplies for agricultural purposes. The definitions now include livestock and livestock feed. This exception was expanded to 150 miles under MAP-21, and now includes wholesale to retail transportation of farm supplies. MAP-21 also exempts covered farm vehicles (as defined in 390.5) from the hours-of-service regulations (see 390.39). 

All limits Drivers that are using one of the exceptions that exempts the driver from all hours-of-service regulations. This includes drivers operating in support of a declared emergency/disaster ( 390.23). 

Guidance The carrier is liable for violations of the hours of service regulations if it had or should have had the means by which to detect the violations. Liability under the FMCSRs does not depend upon actual knowledge of the violations. 

Guidance Yes. Carriers are liable for the actions of their employees. Neither intent to commit, nor actual knowledge of, a violation is a necessary element of that liability. Carriers permit violations of the hours of service regulations by their employees if they fail to have in place management systems that effectively prevent such violations. 

The Company N W audit driver s daily records of duty status to ensure compliance with the FMCSRs, Part 395. Continual non-compliance with hours of service regulations will not be tolerated at Ed Write Trucking. 

The Company requires all newly-hired drivers be trained in the hours-of-service regulations as part of the company s driver orientation program. This training will cover, at a minimum and in... 

Originally created over 60 years ago, the hours-of-service regulations were designed to keep tired drivers off the road. These regulations, located in Part 395 of the Federal Motor Carrier Safety Regulations (FMCSRs), hmit the number of hours you can drive, as well as the number of hours you can be on duty. They also require you to maintain a record of duty status. 

The hours-of-service regulations are made up of three key areas, limits, log (or time records), and exceptions. They are intended to make sure that the driver is not driving a commercial vehicle, as defined under 390.5 (the 10,001 pounds or more definition) while fatigued due to working too many hours. 

One basic principle that applies to the hours-of-service regulations (as well as the other safety regulations) is that the drivers are directly responsible for complying with the hours-of-service regiilations and the company is responsible for making sure that they do. If the driver is not complying, the company will be held responsible as well. 

Most states will have similar hours-of-service regulations. What will change from state to state are when the rules are applicable and the number of hours the driver can drive and/or work. Here are a couple of examples. 

Entry-level driver training is required for any driver of a CDL vehicle that has less than one year of experience. This training must include training on the hours-of-service regulations and fatigue management, health and wellness, driver qualification requirements, and whistleblower protections afforded to drivers. These requirements are found in Part 380. 

FMCSA (2005). Hours of service regulations effective. Federal Motor Carrier Safety... 

How to stay qualified and in good condition when driving (i.e., correctly licensed, medically qualified, not ill or fatigued, not in violation of the hours-of-service regulations, and not under the infiuence),... 

Violation of hours of service regulations — migrant workers Hours 7 Y... 

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