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Hours of Service of Drivers Revision Published in Federal Register/Vol. 76, No. 248, pages 81134 – 81188, December 27, 2011
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Applicability Gross vehicle weight 10,001 lbs. or more. GVWR or GCWR 10,001 lbs. or more. 16 or more passengers – not for compensation. Designed or used to transport 9 or more passengers for compensation. Transporting placardable amounts of HM
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Important Dates Effective date – February 27, 2012 Compliance date – July 1, 2013
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Purpose “The purpose of the rule is to limit the ability of drivers to work the maximum number of hours currently allowed, or close to the maximum, on a continuing basis to reduce the possibility of driver fatigue.” Source: Final rule summary published in Federal Register.
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Impact on Motor Carriers Retraining all drivers. Retraining dispatch, compliance, and safety staff. Updating compliance software. Updating dispatch and optimization software. Reviewing operational routing and customer commitments. Reviewing of infrastructure (company facilities, fuel stops, etc.) compared to driver limitations that new rules could bring about. Reviewing revenue versus cost due to new operational model to determine if rates are still adequate.
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34 Hour Restart 395.3(c-d) – 7/8 consecutive days – Ends with 34 or more consecutive hours off duty. – 34 hour restart must contain two periods from 1 a.m. to 5 a.m. on different days. – Provision may only be used once every week (168 hours). – If more than one off duty period of 34 consecutive hours recorded then driver must indicate which period used for restart in the remarks section.
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Recap Day 1 – All off Duty Day 2 - first complete 34 hour restart, 11 hours Day 3 – 10 hours Day 4 – 10 hours Day 5 – 12 hours Day 6 – 10 hours Day 7 – 7 hours Total 60 hours Day 8 – Begins a new 34 hour restart Day 9 – Completes second 34 hour restart
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Recap Day 1 – All off Duty Day 2 - first complete 34 hour restart, 13 hours Day 3 – 11 hours Day 4 – 12 hours Day 5 – 12 hours Day 6 – 12 hours Day 7 – 11 hours Total 60 hours Day 8 – Begins a new 34 hour restart Day 9 – Completes second 34 hour restart
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Recap Day 1 – All off Duty Day 2 - first complete 34 hour restart, 13 hours Day 3 – 13 hours Day 4 – 13 hours Day 5 – 13 hours Day 6 – 8 hours Day 7 – 0 hours Day 8 – 6 hours
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Recap Day 1 – 13.5 hours Day 2 – 13.5 hours Day 3 – 13.5 hours Day 4 – 13.5 hours Day 5 – 6 hours Day 6 – 7 hours
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Rest Breaks 395.3(a)(3)(ii) – Must take 30 minute break from driving – After 8 hours have passed since last sleeper berth or off duty rest period. – Does not limit 11 hour total driving time. Hazardous Materials 397.5 “In attendance”
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Definitions 395.2 On Duty Time – Number 4 on the list All time in or on a commercial motor vehicle, other than: – A parked commercial motor vehicle – In the sleeper berth – 2 hours in the passenger seat immediately before or immediately after 8 consecutive hours in the sleeper berth.
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Passenger Seat Example
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Administrative 385 Safety Fitness Rating – 395.3(a)(3)(ii) 30 minute break change Included as critical violation 386 Penalties – Appendix B to Part 386 – More than 3 hours beyond driving limits = Egregious violation. – Maximum penalties.
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Oil Field Exemption 395.1 – Specially trained drivers of commercial motor vehicles that are specially constructed. – On duty time shall not include waiting time at natural gas or oil well site. – Record time as off duty. – Indicate in remarks section. – Not included in 14 hour calculation. – Not eligible for short haul provision.
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Summary of Changes
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Questions Visit our website for up to date regulatory and credential information at www.modot.org/mcswww.modot.org/mcs Contact us at 1-866-831-6277 Extensions:1 - Oversized and Overweight Permits 2 – International Fuel Tax Agreement/International Registration Plan(License Plates) 3 – Intrastate Operating Authority 4 – Payments or Refunds 5 – Unified Carrier Registration(UCR) 6 – Safety 7 – Request a Form 8 – Shipping and Mailing address Come by the office located at: 1320 Creek Trail Drive Jefferson City, MO 65102 Billy.hampton@modot.mo.gov 573-522-5302
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