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New Trucking Hours of Service Rule Take Effect July 1, 2013

Dec
23,
2011
57

FMCSAThe FMCSA issued their final ruling for the new hours of service rules which largely will take effect on July 1, 2013.  There are some provisions, such as changes in the definitions of egregious violations and on-duty time, which will take effect on February 27, 2012.

The current 11 hour driving rule will remain in place, while a driver’s work week within a seven-day period will be limited to 70 hours.  Furthermore, the driver will not be able to drive the CMV after working eight hours until a rest break of at least 30 minutes has been taken. Drivers will be able to take the 30 minute break anytime during the eight hour period.

The biggest change in the HOS rules will concern the 34 hour restart provision.  Professional truck drivers who maximize their 70 hour work week will be required to take at least two rest periods between the hours of 1:00 a.m. to 5:00 a.m. home terminal time. 

Furthermore, the final rule will allow drivers to use the 34 hour restart provision only once during a  seven day period.

The new rule is currently available on the FMCSA’s website for the HOS Final Rule.

© 2011, Allen Smith. All rights reserved.

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By: Allen Smith

Allen Smith is a 34 year veteran ( started at an early age in family moving business) of the trucking industry, many of those years spent over the road. He has been an owner operator, company driver, operations manager, and has owned and operated a moving company, taking many of the long haul moves himself when needed. One thing though that most will say is that the reason and motivation behind the author, Allen Smith, is the fact he is driven by the desire to help others succeed within an industry where injustice, unrewarded sacrifice, and lack of respect and recognition exists. As you read many of the blog posts you’ll discover that he is opinionated and speaks openly about the ongoing issues of the trucking industry. He supports other fellow advocates who are also stepping up to the plate to help those who are in need of honesty, guidance and direction. The list of supporters and like minded people grows daily and their ability to network together and share their thoughts and ideas for the betterment of others within trucking, has allowed the forward movement of... "Raising the standards of the trucking industry"

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57 Responses to New Trucking Hours of Service Rule Take Effect July 1, 2013. - Post a Comment

  1. William Morell

    This is such total BS! Since it is no longer a 34 hr reset just call it what it is, a 48. Why doesn’t the Feds also start driving the trucks for us too since they seem to know so much more about doing it then we do.

    • Allen Smith

      You echo the sentiment of many drivers, William … thanks for posting.

    • Andy

      i totally agree thats exactly what ive been saying

    • Lil Sista

      Well, if you look at it, it becomes a 5 day work week! Why don’t they just say all drivers will work Monday – Friday and off on the weekend.

    • jon

      i am a local driver i work from 01:00am to 11:30 am this is going to change everything i will have to take 3 days off now unable to get any overtime thay are taking money out of my pocket how is this possible

    • Mike

      Jon, Im not a total expert but if you are working 10 a day you wont have to worry about the 34 hr down time. This would only apply if you use the full 60 in a seven day week.

    • Joe

      “If no one among us is capable of governing his own life, who among us is capable of governing all of us?” [ANSWER: No on!]
      Reagan said it and he knew what he was talking about.
      Evidently the DOT does not agree. They think they know better than the rest of us what is best for all of us.
      What really needs to happen is truckers and major companies, nationwide need to unite and shut down. The s.o.b.’s can get their own freight.

    • Russell Ross

      Agreed! Back in the old days we would shut this F###in country down for two weeks. Then the whinny babies can get their sheet the best way they can! It’s time to take this country back from these F###in politicians who know absolutely nothin about our business.

      Most of my brothers may not know this but you can also thank a few truckers for this new HOS! Seems like their pussy hurts after being in the seat more than 8 hours!

    • Allen Smith

      HOS- Cheap Freight- and Low wages: Is it about safety? Yes and No, but it’s more about “control” Control of “NEW DRIVERS”
      Pay for drivers has not increased for MANY years, increased regulations have caused many to leave the industry resulting further in the continuous shortage of drivers. Cheap freight keeps wages down and the turnover rate for those entering the industry has again skyrocketed. With no serious regulations for driver training, new drivers become a “SAFETY RISK”

      The lack of proper CDL training, Cheap Freight, and Low wages are the major causes for veteran drivers leaving the industry and High Risk “poorly trained” new drivers entering. So instead of fixing the real problems, more regulations are placed to CONTROL the effects of the problem.

      Professional Drivers should be fighting for higher wages, instead of fighting for the ability to drive more hours to just make the same pay they have been making for decades.

      Are the new HOS rules about safety? It’s a smokescreen to cover up the problems the industry has created.

    • Mike

      Agree with you Joe, but the major companies are in on it according to OOIA’s magazine Landline. They even wanted to mandate all CMV’s have the electronic onboard recorders. Of course, they can afford to outfit their trucks, and the independents like myself cannot. It’s all about the Corporate Crony Capitalism. The big boys get in bed with the government and crush everybody else. However, this rule is not that big of a change from what has already been in existence. The 34 hour reset is due to studies on sleep efficiency (aka circadian rhythm). I do believe the science proves two consecutive nights of sleep during the morning hours is better for safety. And since more people die on the highways in this country each year than in the combat zones for the last decade, anything that helps professional drivers in being safe is worth it. I still make a decent living and I don’t run illegally. But they are trying to get “big brother” into controlling more and more of all of our lives. One of the pleasures of being an OTR driver is the perceived freedom, but that perception is diminishing rapidly.

    • simon

      It seems like the current administration loves to f**k with anyone who wants to work and make a decent living for themselves.

    • warren

      I agree this is bs. the industry has been going down hill for the last 20 years. we used to make good money not this crap . let the ass holes that make these rules drive for a month and try to live what we live in and what we live on and still be able to make the bills at home too and see how these rules would change quickly when they couldn’t make it.

    • KEVIN

      I WORK SIX DAY A WEEK SUNDAY TO FRIDAY. I PULL 2 LOADS A DAY AND 1 ON SUNDAY I START AT MIDNIGHT AND END AT NOON SO WITH THE NEW HOURS FOR RESTART I HAVE TO WAIT TILL 5 AM ON SUNDAY TO START WHICH GETS ME BACK AT AROUND 12-1 PM INSTEAD OF MY USUAL 7 AM THANK YOU GOVT

    • Don Smith

      when you have to take your 34hr (48) hr reset does the reset have to be taken within the start or finish of a week period for example if I finish the week at 8pm on fri can the reset be fulfilled at 5am on sun or does it have to be 1to5 sun and mon of the new week?

    • chris

      jthe dot is corrupt as washington.all it is
      a money making business for profit
      bc want to sit on their butts and collect

  2. fedex lady

    the men is suits obviously know more…they never leave their office, deal with traffic or irate drivers or weather conditions or breakdowns or illness or needing to take a dump on I-90 during a Chicago rush hour with no rest areas in sight! Yes they are the true experts and damn the driver who whines about it…but ya know the saying…”if you bought it–a truck brought it…” yeah right!

  3. nonfedexman

    must remember,the ATA is all about trucking company owners,who do you think sponsors their costs, they have shown no remorse in how they have used dac against the driving profession,asking always for anything that helps them keep more profit to themselves ..etc.. all the while grinding us further into complying with all their company ‘ethics’what a bunch of shit,pay today is at the lowest level since forever,..and here jb hunt and otheres are reporting record profits..so anything they say can’t be trusted..record speaks for itself

  4. Truck Stop Directory

    Alright, more nonsense. Why not just have so many hours in a 7 day period, period? This and that, and now make sure you sleep between 1 am and 5 am. I find that is about the best time to drive.

  5. Troll

    With 40 years of experience of otr, I thought electronic logs would kill the industry. Now, I live by them. Kept me on a regular work schedule. No forced dispatch. Made the same amount of money each week before and after electronic logs. When the DOT officer checks your logs, rarely they will find a violation. Unless you don’t show your pre and post trip inspections. Electronic logs should be mandatory for all CMV’s.

    • Mack

      I’ve insisted on being legal for the eight years of being a Class A driver. Still make better money then drivers that log creatively. The dispatch complains because they have to actually do logistics. With all the electronics on board and company timestamps/video that an investigator can use in court I have no desire to make some clock watching office worker’s job easy when the price is my freedom. Think about it cowboys and stop being the patsy.

  6. John

    Many drivers like the easier peaceful driving between 1 am and 5am and many drivers are nocturnal and sleep during the day so this seems like people trying to fix something without really knowing how Quit trying to starve drivers so they have to work there tail off just to survive and this nonsense of accidents will greatly decrease

    • Allen Smith

      You make a great point. The HOS rules are established for ALL CMV drivers and ALL drivers are NOT the same!

  7. safety guy

    “Professional truck drivers who maximize their 70 hour work week will be required to take at least two rest periods between the hours of 1:00 a.m. to 5:00 a.m. home terminal time.”

    I believe the above statement is incorrect. The 34 hour restart is an option a driver may elect to use instead of counting back 7 days and subtracting from 70 to figure out the availability of legal driving time. The 34 hour restart provision is not mandatory.

  8. adrian peterbuilt379

    this is great news..(joking) well my fellow truckers, i got fired from my trucking job in 2011, i’m a 25 year veteran of the road, i have been working for a temp agency. i love and hate the road… but its coming my friends. our freedom is slowly being torn apart by idiots in suits.. real gear jammers had nothing to do with this law.. i have yet to apply at a real job. its all the logistics companies and corperations that are not the loyal one.. i feel ok in the agency. i hustle when i want.. but for you all who need those gears jammin and the wheels rolling to make that fat ass money, goodluck, its a new age with these socialist rule making suits.. i’m on the sidelines for now… just watching the madness go on and on..!

    welfare for the truckers? anyone?

    adrianPeterbuilt379

    • Tamcha

      Truck drivers keep this country moving and get paid nothing. I want to know why truckers are so regulated when a bus driver kills the bus load of people and have less regulations to deal with. My husband drives a big rig and I respect the drivers that keep me in food and whatever I need. I hear more about the bussing industry killing people then semi trucks. Cars cause more problems then the truck they do not respect the drivers that bring them daily comforts.

    • WBrownlee

      They arw taking the fun out of truck driving. I started driving back in 1995 and I had more fun (freedom) than I knew what to do with. I am making about the same money that I did then and am hating the job (the crap we deal with) , a lot more. Just chalk it up to more beaurocratic bs.

  9. Alberto

    what will happen in california and their 80 hour work week, with the new changes taking effect in july 1, 2013?

  10. Singh

    We Trucker Companies, Owner Operators and Driver should go on strike for few days The impact which would be
    on Public would make public to stand on our side and force FMCSA to quit from enforcing Final HOS Rule

  11. john

    just like the old days run two log books.I get paid buy the hour for a private carrier and these new hours suck there is so much frt. that not getting hauled now.The reason jb and copanys are recording record profits is you have dunb a– o/o still willing to haul for a buck amile.

    • jen

      the old days honey I still do that and have for the past 20 years. It is the only way to make money. That is why they have lose leaf logs.

    • Bill

      Electronic logs are coming, the feds already thought about how to control cheaters.

  12. jen

    I just need to know if you have to take that 1/2 hour break during the eight hours on the on duty line or on the sleeper berth line. Boss says on the sleeper berth— doesn’t make much sense to me but you know bosses. Thanks if anyone can answer.

    • mindy

      Your 30 minute break needs to be logged off as “off Duty” and commented “30 minute break”

    • Dream Chaser

      There is no need to state anything in the comments area when showing time in the off duty area of the graph. You are “off duty” and do not need to explain what you are doing to anyone. The DOT can clearly see that you took a break between the hours of xx and xx, and that’s all they need.

  13. David

    It can be taken eating lunch. but not waiting on your truck to be loaded or off loaded.

  14. jack

    been driving a truck since Jan 1961.theserules are not safe went from 8 hours to 10 hrs in sleeper who can sleep 10 hours. also was 10 hours driving time and now went to 11 hours you call this more safe what a joke thank god for loose leaf logs and all the major truck stops that will not put time on fuel tickets this government is so far out of touch I could go on and on over 6,000,000 miles no chargeable accidents but what do I know I know one thing whoever is rule making these rules has not spent any time behind the wheel of an 18 wheeler I rest my case

  15. mike

    MIGHT AS WELL GET USED TO IT. THE DOT IS SHUTING DOWN THE SMALL INDEPENDENTS. THEY HAVE DONE IT WITH WAL MART, THE MEDICAL FIELD NOW ITS OUR TURN. OVER REGULATION AND MANDATES THAT WILL SHUT YOU DOWN AND MAKE YOU WORK FOR THE BIG BOYS. THIS IS EXACTLY WHAT THE GOVERNMENT WANTS. IT IS EASIER TO CONTOL A FEW BIG COMPANIES THAN MANY SMALL ONES.

  16. robert

    it is our own fault. if we all told the government OK here you drive these trucks, things would change, but you all know that will never happen, as long as we have our big screens TV, i pads and the rest of our toys were happy,no one to blame but us

  17. Ross

    Mike is absolutely correct, they are driving the independents out, you will see a big
    change in the industry now, because soon, the large companies will be the only ones
    who will be able to afford to remain in business. A lot of drivers, including myself have
    already left. It’s going to get to the point, where other big companies are going to start
    using the Werner model (Net Opps), which is basically load swapping, thus decreasing
    the drivers pay by at least 30 to 40%, Guys, get fighting, don’t let them do this.

  18. Ron

    This my spin on this whole thing, and I could be way out in left field. With the new hours of service , it will allegedly create 180 k jobs, From the PDX news report I recently heard Ha Ha. It will be taking food off of the table of my family. The pay cut will be devastating for us. The consumer commodities will be driven up drastically! The big cut in wages due to fewer hours worked and higher commodities means a deeper recession.
    So now they say there are more jobs created , Companies will be hiring more drivers to haul the same amount of freight. Now have you noticed the jobs are being taken by immigrants .. start paying attention to who is behind the wheel of the trucks.. I am just wanting the US to wake up!
    From fast food to construction to truck drivers.. It may have nothing to do with the new hours of service, but we can only speculate. I have been driving for 30 + years and have really noticed the industry being taken over and changed ( coming from the north, meaning Canada, and the south, meaning Mexico. )

  19. Gary

    I just wish they would pass a ruling that these trucks had to do the speed limit on all of our roads, I would not have to drive all night just to get to where I am going.

  20. Zero

    you mite as well get used to it, that’s where the industry is going with this new breed of driver. this exactly what they want, they came from McDonalds making $200 a week, to JB, Schneider, US Xpress, or any other big company, and they think they r making big money. The era the real truck driver is coming to and end, and the era of steering wheel holder is upon us. The new HOS will be right up their ally.

  21. road hog

    this is total crap. If these big companies would train drivers properly we would’nt be going thru this. theres to many steering wheel holdrs out there then profesional drivers. I,ve been at it for 30+ years and I’ve never seen as many center lane drivers as you do today. this is how there trained. they should put the new regulations on drivers who come out of one of these so called profesional driveing schools or a big company training scooland who has less then 3 years cdl class a driving experience

  22. Debbie

    does these new laws do away with recap

  23. walt

    You can thank all the larger higher anybody with a pulse freight compsnies those freight for cheap rolling joke roadshows have had the final laugh. Just go back to doing what we used to. Run 10 with a break somewhere after 5. Most new troopers can’t count a logbook backwards so be on your toes and remind them a restart IS NOT MANDATORY learn your job. Oh and when you hear little tommy lying ass trucker safely tucked away in his truckstop for the night talkung crap be a man and to him and say “Oh bullshit, do you have a story for every load you’ve hauled “? These idiots are the reason we are in the shape we are in.

  24. JIM

    They will not be happy until it cost $7.00 a can for beans and so on. Its just a matter of time before we go back to the 1970s and fix this once again.
    jim

  25. Gary

    Having driven over fifty years and over five and a half million miles. I’ve seen the rules change over the years. the one thing I noticed back in the seventies was the inclusion of all commerical vehicles in the wreck stats from pickups to eighteens. They could make the figures show what ever they wanted. They want to control the Transportation business. trucking provides jobs and commerce for manfacturing. CONTROL IS THE WORD OF THE DAY Take care guys and gals we’ll need it I still work part time so I’m still in the loop at sixty eight years old.Ive made a lot of money being a O/O and driver over the years. I hate to see an industry killed as the trucking business is.

  26. G. Eric Gaither

    GREETINGS,

    Many of these young and new troopers (full grown bears) as well sheriff (county mountie)and police (city kitty) appear to know not how to differentiate between the use of decimals and fraction on log books.
    Example:
    7.5, 7 1/2.

    I like to use both when filling in lag books: comedy pages, comic books.
    - – - -
    I’m working my LAST GIG in truck driving.
    Started back up August ’11 after being laid off September ’08, so in effect, using terminology only apparent in trucking, I had no recent (1-2 years) experience therefore became effectively a newbie.

    Acquired CDL-A September ’98.
    Noticed a BIG CHANGE in ’05.

    Trucking has been spiraling into the abyss of stagnation since before I began driving yet it’s been given a silicone pathway (“new h.o.s.”) for improved speed.

    I’m 55 and see not driving Class 6, 7 or 8 vehicles at 60.
    - – - -
    Trucking isn’t what it was and it’ll never be again.

    CHEERS!!

  27. mark

    Im confussed I stopped Wednesday at 1700 have july forth off can I start at my usal time which is 0400 or do I have to wait until 0500

    • mark

      on friday

  28. jim hagel

    is the main change the 30 minute break? If I log the same as I do now but add the break will I be legal?

  29. bill w

    I have a question. While I am in off duty not driving can I go on the clock and do odd and ends work for my company maintenance dept.
    Also can this be done in sleeper birth or does it need to be on duty not driving since i am on the clock getting paid.

  30. Big Jim

    Seem to to me that there is a break down. When a shirt collar who does know how to wipe Thier lard butte . Can tell the trucker how to drive and when too drive. We have customers to take care of . You are screwing with Thier time and system as well . When drivers lose money the customer lose money. I will take care of the customer. Dam all you shirt collars.

  31. Tom T.

    I have ben saying for to many years their are to many truck’s on the
    highway. Not so many truck’s more computation means better rates less
    laws to control us and more understanding between shippers and recevers.
    To make my point when have you driven by a truck stop and it be over half empty during the day or driven into a truck stop late night and found a parking space.
    No strike needed just less trucks on highway or more shippers.

  32. Frank

    It’s funny reading all the winning ass comments. There are not enough real men with a brain diving trucks anymore. If there were, a trucker shut down would have already straightened out this mess. No, all that will be done is winning and crying no real action. Most say that I can’t afford to shut down for a week. In reality they can’t afford not. They are going broke slowly but surely. So, stop bitching, crying and just STOP!!! It want take a week. Military is so strained that they can’t cover the loads, it may have to get rough like in the old teamsters day to make it work. It is time to stand together and bring the country to it’s knee’s by shutting down the highways.

  33. Lazyrider

    the new reset rule, if I started my reset at 8:00 pm on Friday do I have to wait until 5:00 am on Monday or will I be reset on 5:00 am on Sunday?

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