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FMCSA Issues Proposed Rule on Hours-of-Service Change


The FMCSA has issued a regulatory proposal that would revise the  hours-of-service (HOS) requirements for commercial truck drivers. Among the proposal, changes would include:

  • Would retain the “34-hour restart” provision.
  • The restart period would have to include two consecutive off-duty periods from midnight to 6:00 a.m.   Drivers would be allowed to use this restart only once during a seven-day period.
  • Would require commercial truck drivers to complete all driving within a 14-hour workday.
  • Complete all on-duty work-related activities within 13 hours to allow for at least a one hour break.
  • Leaves open for comment whether drivers should be limited to 10 or 11 hours of daily driving time.  The FMCSA currently favors a 10-hour limit.
  • Includes the option of extending a driver’s daily shift to 16 hours twice a week to accommodate for issues such as loading and unloading and allowing drivers to count some time spent parked toward off-duty hours.

Drivers who violate this proposed rule would face civil penalties of up to $2,750 for each offense, while companies that allow their drivers to violate the proposed limits would face penalties of up to $11,000 for each offense.   You can read a copy of the rule making proposal.

© 2010, Allen Smith. All rights reserved.

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By: Allen Smith

Allen Smith is a 37 year veteran who started at an early age in a household goods family moving business. He began driving straight trucks in 1977 and moved to the big rigs in 1982. His experience within the industry includes; owner operator, company driver, operations manager, and owner of a long distance HHG moving business, taking many of the long haul moves himself when needed. Allen Smith, a truck driver advocate who is driven by the desire to help others succeed within an industry where injustice, unrewarded sacrifice, and lack of respect and recognition exists. Allen and his wife Donna are hosts of Truth About Trucking ”Live” on Blog Talk Radio. Other websites include AskTheTrucker, TruckingSocialMedia, NorthAmericanTruckingALerts, TruthAboutTrucking, and many Social Media websites. In 2011 Allen and Donna hosted the first Truck Driver Social Media Convention, designed to create unity and solutions for the trucking industry. This is now being extended through the North American Trucking Alerts network as those within the industry join forces for the betterment of the industry. Allen strongly supports other industry advocates who are also stepping up to the plate to help those who share honesty, guidance and direction. He believes that all those involved in trucking need to be accountable for their part within the industry, including drivers, carriers, brokers, shippers, receivers, etc… The list of supporters and likeminded people grow daily, networking together and sharing thoughts and ideas for the betterment of trucking. He has coined the popular phrase "Raising the standards of the trucking industry"

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8 Responses to FMCSA Issues Proposed Rule on Hours-of-Service Change. - Post a Comment

  1. […] This post was mentioned on Twitter by Allen Smith, Allen Smith. Allen Smith said: FMCSA Issues Proposed Rule on Hours-of-Service Change: The FMCSA has issued a regulatory proposal that wou… […]

  2. Mark S Blackmon, Alabama

    I find it amazing that the FMCSA says it is making trucking safer but yet seems to be doing the opposite! I am a night person and like driving at night when there is less congestion. With less congestion less accidents! This 14 hour day deal is just making it less safe for everybody. As if you have a PU at 7 am and start your day you have to stop at 9pm. If you don’t want to drive during the highly congested time, then you have to go somewhere and take a full 10 hour break to restart your 14 hour day! And what about us that aren’t just able to fall asleep on command and sleep for 8 hours? I guess if you don’t fit their mold, you just don’t try the career! This will cause more congestion in traffic with more trucks on road during day and more accidents!

  3. Eskimoe Joe

    Got some concerns about that 16 hour twice a week option. Given a chance most of these companies will try to figure out a way to make it “mandatory”. Also that 12AM to 6AM times 2 requirement will make it impossible for night drivers to reset in 34 hours. More like 48.

  4. Eskimoe Joe

    Actually a night driver finishing up at 3:00AM on Saturday wouldn’t have met the two 12:00AM to 6:00AM off duty requirement until 6:00AM on Monday….51 hours later!!!

  5. denise


  6. AJ

    No one knows safety better than professional drivers and safe companies. Drivers are the best judge of their own performance, and capabilities. No wonder the Europe has reverted everything back to the basics – drivers decide their own limits. 10 hours, or 11, don’t make any difference unless a company contracts safe drivers.
    what if a driver is not fit to drive in 6 hours after the g/f or wife calls and says she is gone! Is it safe to continue driving for the rest of 4-5 hours?
    The jist is, be smart, and be able to self evaluate yourself and your own capabilities each day!

  7. BB

    Being smart is the key as AJ said!

  8. Scott Ketelsen

    Nobody has even talked about this new rule;
    May drive only if it has been 7 hours or less since last off-duty period of at least 30 minutes.
    My wife and I haul AMMO for the Military. Compliance with this rule will cause us to break the law In California, Louisiana, New Jersey, New York, Nevada, and a few other places. It will conflict with state law, and may cause a national security risk!!!!!!

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