1. HOS & E-Logs
The Clock is Ticking

2. 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

3. 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.

4. 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

5. 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

6. 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

7. 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

8. §§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.

9. 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.

10. 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

11. 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”

12. 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.

13. 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

14. 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

15. 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.

16. 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

17. 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!

18. 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

19. 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

20. 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

21. 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

22. 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.

23. 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

24. 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

25. 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

26. 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

27. 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

28. 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

29. 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

30. 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.

31. 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)

32. 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.

33. 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”

34. 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.

35. 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

36. 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.

37. 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.

38. 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.

39. 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.

40. 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, :00 PM Central Time

41. 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.