Thomas Bray Senior Editor, Transportation Management J. J. Keller & Associates, Inc.

February 27, 2012:  Resting in parked vehicle  Egregious violations  Riding in passenger seat of a moving sleeper cab vehicle before/after sleeper break (applies to teams)  Oilfield “waiting time” exception clarified

 Time spent “resting” in a parked vehicle is now logged as “off duty”  Must be “resting” and not on duty! o Other definitions of “on-duty time” still apply!  Does not apply when hazmat attendance is required  Time spent resting in the vehicle counts toward 14- hour limit  Can help drivers lower their 7 or 8 day total hours

 An “egregious” violation is driving more than 3 hours past driving limit  Makes driver/carrier more likely to face maximum civil penalties for each violation: ◦ $11,000 for carriers ◦ $2,750 for drivers  Does not apply to 14 or 60/70 on-duty limits

July 1, 2013:  Mandatory 30-minute breaks  Restrictions on use of the 34-hour “restart”

 May not drive a CMV if 8 hours (not just driving!) have passed since last break of at least 30 minutes  Break must be off duty and/or sleeper berth ◦ Cannot be “on-duty time” (exception for explosives haulers)  Counts toward the 14 hour limit  Required for all drivers, even 100 air-mile  Timing critical (to avoid needing TWO breaks)

 Driver cannot start next “restart” break until 168 hours since the start of the last break ◦ If driver has more than one 34-hour break in a 168 hour period, driver must indicate which one was the restart  Restart must be a minimum of 34 consecutive hours and include two 1:00 a.m. to 5:00 a.m. periods ◦ If 34-hour break does not include two 1:00 a.m. to 5:00 a.m. periods, it must be extended until it does to qualify as a restart

 Biggest impact will be on drivers presently working long hours ◦ More than 8 hours per day and not taking a break (will lose 2 to 3 hours a week) ◦ Drivers using the restart more than once a week to extend the 60/70 hour limits (could lose as many as 12 to 14 hours per week)  Will impact driver availability/scheduling

 11-, 14-, and 60/70-hour limits ◦ New “off duty” time exception and upcoming required breaks do not “extend” 14-hour limit  No changes to short-haul exceptions (except that 30-minute break is required)

 Previous court challenge was dismissed  First challenge filed by ATA on Feb. 14 th  Second challenge filed by Public Citizen and others on February 24 th  Could be resolved before July 2013  More challenges possible after July 1, 2013

 Increased complexity and misunderstanding of the changes has potential to lead to more violations  Fatigued Driving BASIC already has most carriers in Alert status  52,000 (and counting) warning letters mailed already  Fourth quarter 2011: ◦ 5,513 carriers investigated ◦ 3,501due to CSA scores (2,253 were “focused”) ◦ Compare to 18,000 done in all of FY 2011  Other CSA changes related to intermodal occurring (Vehicle Maintenance BASIC)

 If you think of one later… ◦ Thomas Bray ◦ J. J. Keller & Associates, Inc. ◦ x-2863 ◦