Current Rules and Future Challenges HOS & ELDs Current Rules and Future Challenges

Today’s Topics Current hours-of-service regulations Limits Logs Exceptions Electronic Logging Devices What they are, what they aren’t Regulatory activity Copyright © 2013 J. J. Keller & Associates, Inc.® All rights reserved.

Commercial Motor Vehicles HOS rules apply to interstate “commercial motor vehicles” as defined in §390.5: Vehicles weighing/rated at 10,001 lbs. or more Vehicles hauling placardable hazmat Passenger-carrying vehicles designed or used to transport more than 8 or 15 people (depending on compensation) Anyone who drives a CMV is subject! Copyright © 2013 J. J. Keller & Associates, Inc.® All rights reserved.

State Hours of Service Interstate vs. intrastate commerce Most states follow the federal rules Some states have additional exceptions In FleetMentor, refer to: Topic Index: Topics by State/Province 14/15-day rule Copyright © 2013 J. J. Keller & Associates, Inc.® All rights reserved.

HOS: Property-Carrying CMVs 10 consecutive hours off duty Now a citable violation Can be combination of off duty/sleeper berth 11 hours driving Only includes CMV driving No max per 24-hour day No driving after 14 consecutive hours Cannot be extended with breaks 8-hour sleeper periods are excluded

HOS: Property-Carrying CMVs May not drive a CMV if 8 consecutive hours have passed since the end of your last break of at least 30 minutes Cannot be spent “on duty” (with limited exceptions) Counts against 14-hour limit May work after 8 hours with no break, just no CMV driving Can be taken at any time, but taking too early could mean needing two breaks Copyright © 2013 J. J. Keller & Associates, Inc.® All rights reserved.

HOS: Property-Carrying CMVs Mandatory breaks NOT required for drivers who qualify for 100- or 150-air-mile exception from logging Regulations were updated on Oct. 28th But watch for break violations! Drivers “attending” to Div. 1.1, 1.2, or 1.3 explosives can log break as on duty Also available to certain DOE/DOD contract drivers Other hazmat drivers must log “off duty” Break violation is not an OOS violation Copyright © 2013 J. J. Keller & Associates, Inc.® All rights reserved.

Sample Scenario Copyright © 2013 J. J. Keller & Associates, Inc.® All rights reserved.

Poll Question What is your biggest “pain point” with the 30-minute break requirement Getting drivers to take breaks Training drivers how to comply Auditing for the break Lost productivity Copyright © 2013 J. J. Keller & Associates, Inc.® All rights reserved.

HOS: 60/70-Hour Limit 60 hour/7 day or 70 hour/8 day No driving for the rest of the day after reaching the limit, but non-driving work is allowed 70/8 only for 7-day operations Based on a “running total” over 7/8 consecutive days Applies to drivers of passenger-carrying vehicles as well Includes ALL on-duty time

HOS: On-Duty Time All time performing work for a motor carrier All time performing compensated work for non-motor carriers Weekend/evening hours must be reported To be off duty, driver must be: Relieved of all duties and responsibility Free to pursue activities of his/her own choosing “Personal conveyance” may be off duty; fueling is not Copyright © 2013 J. J. Keller & Associates, Inc.® All rights reserved.

HOS: On-Duty Time Resting in a parked vehicle of any type, for any length of time, is “off duty” Unless driver is required to perform a task, such as attending to hazmat Up to 2 hours riding in a moving property-carrying CMV immediately before or after at least 8 consecutive hours in the sleeper berth is “off duty”

34-Hour Restart Option Can reset weekly limit with “qualifying” 34-hour break Must include two back-to-back rest periods from 1:00 a.m. to 5:00 a.m. To minimize the break’s length, start it between 7:00 p.m. and 1:00 a.m. 7 p.m. – 5 a.m. = 34 hours 1 a.m. – 11 a.m. = 34 hours

Can begin next Friday at 7 p.m. or later 34-Hour Restart Option Must not begin until 168 hours (7 days) since beginning of last restart If multiple 34-hour breaks within 168 hours, driver must indicate which is being used as a restart, if any, by entering a Remark Restart: Friday 7 p.m. to Sunday 5 a.m. Next Restart: Can begin next Friday at 7 p.m. or later 168 hours Copyright © 2013 J. J. Keller & Associates, Inc.® All rights reserved.

24-Hour Restarts Oilfield operations (using 70/8 rule) Groundwater well-drilling rig drivers Construction materials and equipment within 50 air-mile radius Not affected by changes to 34-hour restart Any 24 hours off will reset the limits Copyright © 2013 J. J. Keller & Associates, Inc.® All rights reserved.

Alternatives to ‘Restarting’ Some drivers never need a restart Example: 9 hours x 7 days = 63 hours Keep a “recap” or “running total” As new day is reached, old hours drop off. 60-Hour Rule: 60 hours Time from prior 6 days = Hours available today 70-Hour Rule: 70 hours Time from prior 7 days = Hours available today Copyright © 2013 J. J. Keller & Associates, Inc.® All rights reserved.

Do your drivers still have confusion about using the restart option? Poll Question Do your drivers still have confusion about using the restart option? Yes, a lot Yes, a little No, they “get it” Not applicable Copyright © 2013 J. J. Keller & Associates, Inc.® All rights reserved.

HOS: Passenger-Carrying CMVs 8 consecutive hours off duty Can include time spent waiting on the bus if relieved of duty Can “split” time if vehicle has a sleeper berth 10 hours driving time Includes only CMV driving time Not limited to 10 hours per “day”

HOS: Passenger-Carrying CMVs No more driving after 15 hours “on duty” NOT consecutive time Day can be extended with off-duty time Same 60 hour/7 day or 70 hour/8 day No restart option In FleetMentor’s Topic Index, search “Hours of Service: Passenger – Carrying Vehicles” for more information. Copyright © 2013 J. J. Keller & Associates, Inc.® All rights reserved.

Record of Duty Status

Record of Duty Status Driver must have logs for today and past 7 days in his/her possession Driver must submit original within 13 days Carrier must keep logs and supporting documents for 6 months Drivers can use one log sheet and send electronically to carrier for digital storage

Record of Duty Status Supporting documents place a driver in a specific place at a specific time to verify record of duty status accuracy Examples include toll receipts, fuel receipts, dispatch records, scale tickets GPS tracking records are also considered supporting documents (even if you don’t use them)

Log Auditing Best Practices Multi-pass log auditing: Form & manner / missing information 8- or 10-hour breaks or “split sleeper” breaks 11-, 14-, and 8 or 10- & 15-hour violations 60/70-hour violations & 34-hour restart Falsification or inaccuracies, using supporting documents for selected drivers Standardized selection criteria Take action when problems are found: counsel, correct, discipline Copyright © 2013 J. J. Keller & Associates, Inc.® All rights reserved.

HOS Exceptions Adverse conditions Driver-salesperson Oilfield operations Short-haul operations 100 air-mile radius 150 air-mile radius 16-hour exception Movie production Railroad signalers Sleeper berths Alaska / Hawaii Travel time Utilities Construction Water well drilling Ag operations Explosives

Adverse Conditions May extend driving time by up to 2 hours to reach safe place Snow, sleet, fog, etc.; highway covered with snow or ice; or “unusual” road and traffic conditions Dispatcher must not have known about it Cannot exceed 14/15-hour limit Cannot violate 30-minute rest-break rule Copyright © 2013 J. J. Keller & Associates, Inc.® All rights reserved.

Oilfield Operations 24-hour restart Waiting time Resets 70-hour/8-day limit CMVs must be used exclusively in the transportation of oilfield equipment and/or servicing field operations of the industry Waiting time “Specially constructed” vehicles moved by “specially trained” operators Excluded from 14-hour limit Logged “off duty” (w/ remarks) or on 5th line See Guidance for §395.1 (Questions 6 & 8) Copyright © 2013 J. J. Keller & Associates, Inc.® All rights reserved.

100-Air-Mile Exception 100 air-mile radius around normal work reporting location Must return to that location and go off duty within 12 consecutive hours 10/11 hours driving, 60/70 hour & 8/10 hours off all still apply No 30-minute break required Time records instead of logs Copyright © 2013 J. J. Keller & Associates, Inc.® All rights reserved.

150-Air-Mile Exception Non-CDL truck drivers only 150 air-mile radius around normal work reporting location Must return to that location but can keep working at end of day 11 hours driving & 10 hours off 14-hour limit, or 16 hours twice per 7 days No 30-minute break required Time records instead of logs Copyright © 2013 J. J. Keller & Associates, Inc.® All rights reserved.

100/150-Air-Mile Time Record Copyright © 2013 J. J. Keller & Associates, Inc.® All rights reserved.

Sleeper-Berth Exceptions Can split 10-hour breaks into 2 separate periods of rest, with work in between 8 hours in sleeper berth 2 hours off duty or sleeper berth Does NOT reset 11- and 14-hour clocks! Search “Sleeper Berths” in FleetMentor and get ez Explanations, Regulations, Proposed Rules, and more! Copyright © 2013 J. J. Keller & Associates, Inc.® All rights reserved.

Penalties for Violations Shared responsibility Driver fines & OOS Maximum civil penalties: $11,000 for carriers $2,750 for drivers “Egregious” violations Potential harm to safety rating Impact on CSA scores Accidents, litigation, etc. Copyright © 2013 J. J. Keller & Associates, Inc.® All rights reserved.

CSA & Hours of Service HOS Compliance BASIC 40 violations are tracked, including: Operating a CMV while ill/fatigued Failing to complete or retain logs Violating hours-of-service limits More carriers are on “Alert” in the HOS BASIC than in any other BASIC!

Poll Question Have you ever been on “Alert” in the HOS Compliance BASIC under CSA? Yes, but no longer Yes, currently No, never Not sure Copyright © 2013 J. J. Keller & Associates, Inc.® All rights reserved.

Common Violations Section Description Violations Severity 395.8 Form/manner violation 231,325 1 395.8(f)(1) Log not current 189,575 5 395.3(a)(2) Driving after 14-hour limit 88,525 7 395.3(a)(1) Driving after 11-hour limit 48,896 395.8(e) False log 47,312 395.8(a) No log 39,141 395.8(k)(2) Failing to retain logs 35,764 395.3(b) 60/70-hour violation 6,952

Next Steps for HOS Results of MAP-21-required field study on changes to 34-hour restart Possible exemptions: Livestock Ready-mixed concrete Possible action from Congress? Possible new rules for passenger vehicles? New FMCSA guidance/clarification? Rules for electronic signatures ELD rules

AOBRDs, EOBRs, ELDs … oh my! Capable of automatically and accurately recording drivers’ HOS Synchronized with the CMV AOBRDs – §395.15 To be phased out Software/technology will need updates as rules change “EOBRs” are no more Next-gen device = “ELD”

AOBRD Components Generally three components: On-board recorder (“black box”) capturing real-time data Data display in vehicle, allows interaction with driver and enforcement Back-office system Produces a record of duty status based on combination of: Driver entries, and Engine data (automatically captures “driving”)

Other Electronic Logs Many devices today are NOT automatic on-board recorders because they’re not tethered to the engine Stand-alone laptops, smartphones, tablets Regulated under paper log rule (§395.8) Driver may need to produce paper logs

ELD Regulatory Activity FMCSA rulemaking: EOBR standards adopted in 2010 but withdrawn after court decision EOBR proposal issued February 1, 2011 (prior to court decision) “Supplemental” ELD proposal to be issued soon

February 2011 Proposal All interstate drivers that complete logs would have to switch to automatic electronic logs ONLY exception is for short-haul drivers: 100 air-mile radius 150 air-mile radius Short-haul drivers must: Log on paper if not meeting the exemption criteria ≤ 2 days in any 7-day period Use e-logs if not meeting the exemption criteria >2 days in any 7-day period

February 2011 Proposal Carriers must develop HOS management system capable of detecting and preventing violations Must include use of supporting documents

MAP-21 and ELDs Highway Bill (MAP-21) ELD mandate: Law took effect Oct. 1, 2012 Requires FMCSA to issue ELD rule Requires ELDs for all interstate CMV drivers who are subject to logging rules in Part 395, beginning 2 years after final rule Deadline of October 2013 not met Copyright © 2013 J. J. Keller & Associates, Inc.® All rights reserved.

ELD Next Steps FMCSA will issue supplement to 2011 proposal (slated for this year) and take public comments for 60 days Then will develop and publish final rule, perhaps in late 2014 Implementation period (delayed compliance) for two years, possibly late 2016

FleetMentor® Resources surrounding today’s topic: HOS and ELDs Topic Index: Best Practices Quick Study: Driver Paperwork Conduct Your Own Risk Assessment Electronic On-Board Recorders (EOBRs) Recordkeeping Requirements of the Federal Motor Carrier Safety Requirements Hours of Service 10-Hour driving rule Drivers record of duty status Recordkeeping Toolbox: Roadside Inspections Roadside Inspections Tracking FMCSA FMCSR Scorecard Out-of-Service Criteria Motor Carrier Safety Audit Policy & Procedure Handbook Training Center: Accident Register Entry level driver Vehicle & Equipment recordkeeping Hours of service training – Supervisors Regulations: Hours of service: Passenger – Carrying Vehicles §390.3(f) Hours of service: Property – Carrying Vehicles §395.1 §395.15 Copyright © 2013 J. J. Keller & Associates, Inc.® All rights reserved.

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