HOS & E-Logs The Clock is Ticking

Today’s Topics Current limits and log requirements New Hours of Service rules and MAP-21 Electronic logging devices What they are Regulatory activity CSA and Hours of Service

Hours of Service for Property-carrying CMVs 11 hours driving No driving after 14 consecutive hours 10 consecutive hours off duty 60 hour/7 day or 70 hour/8 day 34-hour restart option View FleetMentor’s Change Notices for the latest in HOS regulations.

Hours of Service for Passenger-carrying CMVs 10 hours driving time 15 hours on duty 8 consecutive hours off duty 60 hour/7 day or 70 hour/8 day No 34 hour restart

Record of Duty Status 24-hour period starting time “Grid graph” Must include: 24-hour period starting time “Grid graph” Main office address Date Remarks Total miles driving today Name of co-driver Truck or tractor & trailer number Total hours Shipping document number(s) or name of shipper & commodity Name of carrier Driver’s signature/certification

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 maintain record of duty status and supporting documents for 6 months Drivers can now use 1 log sheet and send electronically to carrier, who can then store it digitally

Record of Duty Status Supporting documents 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

§§390.3(f) and 395.1: HOS Exceptions Adverse conditions Driver-salesperson Oilfield operations Short-haul operations 100 air-mile radius 150 air-mile radius (non-CDL) 16-hour exception Sleeper berths Alaska / Hawaii Travel time Utilities Construction Agricultural operations View the full regulations in FleetMentor.

Poll Question Which HOS rules do your drivers follow? Federal property Federal passenger State rules A combination None/not applicable Copyright © 2013 J. J. Keller & Associates, Inc.® All rights reserved.

New Hours-Of-Service Rule Issued December 27, 2011 Primarily affects property-carrying drivers Two compliance dates: February 27, 2012 July 1, 2013 Compliance with all provisions is allowed today

Hours of Service – Effective 2/27/12 On-duty time does NOT include: Resting in a parked vehicle For any length of time Can be a bus/motorcoach Does not apply when hazmat attendance is required Up to 2 hours riding in the passenger seat of a moving property-carrying CMV immediately before or after at least 8 consecutive hours in the sleeper berth These can now be logged “off duty”

Hours of Service – Effective 2/27/12 Driving for more than 3 hours beyond the 10- or 11-hour limit is an “egregious violation” Also applies to motor carriers that allow the practice Subjects the driver and carrier to the maximum civil penalties $11,000 for carriers $2,750 for drivers See FleetMentor’s Training Center for updated HOS driver training.

Hours of Service – July 1, 2013 Mandatory Breaks: May not drive a CMV if 8 consecutive hours have passed since the end of your last break of at least 30 minutes Break must be “off duty” (lunch, sitting in passenger seat, etc.) and/or in sleeper berth Counts against 14-hour limit Drivers can “work” after 8 hours with no break, just no driving of a CMV Breaks can be taken at any time, but timing may be critical to avoid needing TWO breaks

Hours of Service – July 1, 2013 If Driving Until: Take Break Between: 16th hour 7½ and 8th hour 14th hour 6th and 8th hours 13th hour 5th and 8th hours 12th hour 4th and 8th hours 11th hour 3rd and 8th hours 10th hour 2nd and 8th hours 9th hour 1st and 8th hour 8th hour or earlier NOT REQUIRED

Hours of Service – July 1, 2013 Driving is permitted only if 8 hours or less have passed since the driver’s last break of at least 30 minutes.

Hours of Service – July 1, 2013 Mandatory Breaks: Also required for: 100 air-mile drivers 150 air-mile drivers Drivers using the “split sleeper” option Construction, oilfield, etc. Drivers “attending” to Div. 1.1, 1.2, or 1.3 explosives must be take the break, but can log their break as on-duty break

Hours of Service – July 1, 2013 Changes to 34-Hour Restart: Restart break must include two periods from 1:00 a.m. to 5:00 a.m. Depending on the timing, break may need to be much longer than 34 hours!

Hours of Service – July 1, 2013 = 34 hours = 51 hours 7:00 pm Friday 5:00 am Sunday = 51 hours 2:00 am Saturday 5:00 am Monday

Hours of Service – July 1, 2013 Changes to 34-Hour Restart: Restart may only be used once every 7 days Cannot start next restart break until 168 hours since the start of the last restart break If multiple 34-hour breaks within 168 hours, driver must indicate which is being used to calculate compliance, by entering a note in the Remarks area of the log

Hours of Service – July 1, 2013 Began 34-hour restart 168 hours at 8:00 pm Can begin next 34- hour restart at 8:00 pm 34-hour restart allowed once per 168 hours

Hours-of-Service: Next Steps Court challenge Oral arguments heard March 15, 2013 Decision before July 1st? MAP-21 required field study on changes to 34-hour restart Completed by March 31, 2013 Report to Congress by Sept. 30, 2013 Probably won’t affect July 1 implementation

Poll Question How big of an impact will the July 1 changes have on your operations? Major impact Some impact Minor impact No impact Copyright © 2013 J. J. Keller & Associates, Inc.® All rights reserved.

What’s an AOBRD, EOBR, ELD? Capable of automatically and accurately recording drivers’ HOS Integrally synchronized with the CMV Technically, an AOBRD – §395.15 AOBRDs to be phased out EOBRs were to be the “next generation” devices New term for next generation devices is “ELD” Downloadable data file Software/technology will need updates as rules change

Components of an AOBRD system A system that produces a record of duty status based on driver entries and engine data (engine data automatically determines “driving status”) Generally three components: 1. On-board recorder (“black box”) 2. Data display for drivers 3. Back-office

Key points… Connected to engine – always knows what the engine is doing Real time data Down to the second The display is connected to the device on the vehicle via USB or Bluetooth See FleetMentor’s Topic Index: EOBRs

What’s NOT an AOBRD, EOBR, or ELD? Many devices today are NOT automatic on-board recorders because they’re not tethered to the engine! Laptop logs Smartphones, PDAs, tablets These devices/apps are regulated as paper logs

E-Log Regulatory Activity Two areas: FMCSA rulemaking MAP-21 FMCSA rulemaking: April 2010 “Bad Apple” EOBR rule published New EOBR proposal issued February 1, 2011 “Bad Apple” EOBR rule struck down and withdrawn February 2011 proposal still active, but will need to be updated/republished

February 2011 EOBR 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 a 7 day period Use EOBR if not meeting the exemption criteria >2 days in a 7 day period

February 2011 EOBR Proposal Carriers must develop HOS management system capable of detecting and preventing violations Must include use of supporting documents Carrier can certify that no record was available

MAP-21 and EOBRs Highway Bill (MAP-21) EOBR mandate: Signed into law on July 6, 2012; effective Oct. 1, 2012 Requires DOT to issue EOBR rule by October 2013 Requires EOBRs for all interstate CMV drivers who are subject to logging rules in Part 395, beginning 2 years after final rule See FleetMentor’s reference documents for more details on “Map-21.” Copyright © 2013 J. J. Keller & Associates, Inc.® All rights reserved.

Next Steps FMCSA will issue supplement to 2011 proposal (slated for November) and take public comments for 60 days Will tackle harassment issue and technical specifications Then will develop and publish final rule Provide period for implementation (delayed compliance)

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.

CSA & Hours of Service Data collected from: Roadside inspections (most of the data) Crash reports FMCSA investigations Data is then: Organized into one of seven BASICs Analyzed Numerically scored See FleetMentor’s Best Practice Article: “Roadside Inspections: Know What to Expect”

CSA & Hours of Service HOS Compliance BASIC 39 violations are tracked, including: Operating a CMV while ill/fatigued Failing to complete or retain logs Violating hours-of-service limits Violating an hours-of-service-related out-of-service order FleetMentor has easy explanations and helpful tools to assist you with CSA.

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

CSA Time Weighting Value of violations drop over time based on time weighting system Events that occurred in last: 6 months = 3 6-12 months = 2 > 12 months = 1 Carrier violations stay in for 24 months Driver violations stay in for 36 months FleetMentor’s Roadside Inspection Tracking Tool will let you know where you stand under CSA to help you identify problem areas.

CSA Outcomes Safety event values are totaled, normalized, compared, scored, and compared to “thresholds” If carrier score is too high in any BASIC, carrier can expect an “intervention”: Warning letter Targeted roadside enforcement Focused investigation Comprehensive investigation (compliance review) Copyright © 2013 J. J. Keller & Associates, Inc.® All rights reserved.

Summary Majority of HOS requirements (limits, logs, and exceptions) are not changing New hours-of-service limit being added 8 hour/30 minute break requirement 34-hour restart is having restrictions added Once in every 7 days Must include two 1 a.m. to 5 a.m. periods Rule requiring the use of AOBRD/EOBR/ELD is on the way Copyright © 2013 J. J. Keller & Associates, Inc.® All rights reserved.

FleetMentor® Resources surrounding today’s topic: HOS & E-Logs Topic Index: Toolbox: Hours of Service Roadside Inspections Tracking 10-Hour driving rule Drivers record of duty status FMCSA Scorecard Roadside Inspections Motor Carrier Safety Audit FMCSA Policy & Procedure Handbooks Out-of-Service Criteria Accident Register Training Center Regulations Entry level driver 395.1 Hours of service training 395.11 Webcasts 395.13 Copyright © 2013 J. J. Keller & Associates, Inc.® All rights reserved.

Thank You for Participating! The Ins and Outs of the Fed Med Card: Join us for FleetMentor’s Next Webcast: The Ins and Outs of the Fed Med Card: Understanding Expectations on You and Your Drivers Wednesday, June 19, 2013 1:00 PM Central Time

Due to the constantly changing nature of government regulations, it is impossible to guarantee the total and absolute accuracy of the material contained herein or presented. J. J. Keller & Associates, Inc., cannot and does not assume any responsibility for omissions, errors, misprinting or ambiguity contained. J. J. Keller, shall not be held liable in any degree for any loss, damage or injury caused by any such omission, error, misprinting or ambiguity present. It is made available with the understanding that J. J. Keller is not engaged in rendering legal, accounting or other professional service. If legal advice or other expert service is required, the services of such a professional should be sought.