Hours Of Service

49 CFR 395 contains the current regulations regarding the number of hours a driver may drive a commercial motor vehicle (CMV). If you are in interstate commerce, a CMV is defined as:

• Having a gross vehicle weight rating or gross combination weight rating, or gross vehicle weight or gross combination weight of 4,536 kg (10,001 pounds) or more, whichever is greater; or
• Designed or used to transport more than 8 passengers (including the driver) for compensation; or
• Designed or used to transport more than 15 passengers, including the driver, and not used to transport passengers for compensation; or
• Used in transporting material found by the Secretary of Transportation to be hazardous under 49 U.S.C. 5103 and transported in a quantity requiring placarding.

The regulations require every interstate CMV driver to log their hours of service. States also have rules regarding hours of service for intrastate operation. Most have adopted the federal requirements; some have established their own rules.

Driving Limits
The hours of service regulations point to three basic driving limits: the 10-hour driving rule, the 15-hour on-duty/driving time rule, and the 60 or 70 hours of service rule. Briefly, these limits do not allow a driver to drive:

• More than 10 hours following 8 consecutive hours off duty, or
• After being on duty 15 hours following 8 consecutive hours off duty, or
• After being on duty more than 60/70 hours in any 7/8 consecutive days.

Logging
The regulations also give relief from logging if your drivers meet the 100 mile exemption rules. Remember, you must meet all of the following items to get out of the logging requirements:

1. The driver operates within a 100 air mile radius of the normal work reporting location;
2. The driver, except a driver salesperson, returns to the work reporting location and is released from work within 12 consecutive hours;
3. At least 8 consecutive hours off duty separate each 12 hours on duty;
4. The driver does not exceed 10 hours maximum driving time following 8 consecutive hours off duty; and
5. The motor carrier that employs the driver maintains and retains for a period of 6 months accurate and true time records showing:
       1) The time the driver reports for duty each day,
       2) The total number of hours the driver is on duty each day,
       3) The time the driver is released from duty each day, and
       4) The total time for the preceding 7 days in accordance with
            §395.8(j)(2) for drivers used for the first time or intermittently.

This last item deserves a little more attention. Many, if not all, GAWDA members have backup drivers. If the backup driver is already keeping time records that meet item 4) above, then no further action is necessary on time records.

If you have backup, intermittent or salaried drivers that do not ordinarily keep time records, then you must have that person keep the required time records while driving, and you must have the person fill out a record of the previous 7 days worked before he or she starts driving. You must be certain that the person has the hours available to drive before they get behind the wheel. A sample form that you may use to document the previous 7 days worked is available on the GAWDA website at: http://www.gawda.org/secure/traffic/forms/DriverStatementofOn-DutyHours.doc.

Second Job
A real can of worms is drivers with second jobs. The second job hours count toward the driving limits. The only jobs that DOT has typically not counted are those where the employee is doing non-compensated work, i.e., the driver working for a volunteer fire department. If the driver is being paid, the hours almost always count toward the totals worked.

Remember, the motor carrier is still responsible to make sure that the driver does not work over the limits listed earlier in this article. Severe financial penalties can be levied against the motor carrier and driver for violating the hours of service regulations.

If there are any questions regarding the hours of service rules, please ask.