Hours of Service Updates You Need to Know
The FMCSA revised four of its HOS regulations. What are these changes and how will they affect freight shipping?
Hours of Service Updates You Need to Know
In 2017, a mandate required drivers to track their service hours to better regulate the health and safety of truckers on the road. Part of this mandate included electronic logging devices, or ELDs, which track driver behavior and hours spent on the road. Although this initiative has been successful in its goal, it has resulted in limited driver flexibility and longer transit times for freight shipments.
Recently, the Federal Motor Carrier Safety Administration (FMCSA) updated this mandate regarding service hours. Here are the hours of service updates you need to know that could impact you when you’re shipping freight.
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What are Hours of Service?
The hours of service (HOS) refers to the maximum amount of time a “property-carrying” driver (aka a semi-truck driver) is allowed to be on duty, as in when they are driving on the job. This includes how much time they drive, how many breaks they must take, and how long their rest periods must last before going on duty again.
The HOS regulations are available on the FMCSA’s website to view. A basic summary of the regulations goes as follows:
- Drivers may drive up to 11 hours maximum on duty after 10 hours off duty.
- Drivers have a 14-hour limit for being on duty (meaning 3 hours of their “on duty” time must be spent not driving) after 10 hours off duty.
- Drivers must take a 30-minute break after 8 consecutive hours of driving with no other 30-minute interruptions. This rule can be satisfied by any other kind of non-driving period taken, such as on-duty, not-driving time, being off-duty, sleeping berth, or any other combinations)
- Drivers may not drive after 60 to 70 hours on duty in 7-8 consecutive days. They must take 34 or more hours off duty before going on duty again.
Drivers are required to log their HOS on an ELD at all times. Any modifications or unrecorded hours on duty can lead to serious legal consequences for the drivers. Additionally, this information helps carriers calculate the driver’s payment, and any unaccounted-for hours result in a loss of payment.
These rules were implemented as a measure against driver fatigue. It is incredibly easy for truck drivers to push through their sleepiness to get a driving job done. However, their fatigue can put other drivers at risk, damage their long-term health, and jeopardize their companies in the event of an accident. HOS regulations curb excessive driving, allowing drivers to rest and prepare to drive, awake and alert.
Why Hours of Service Changes Were Necessary
2020 has tested the global supply chain to a great extent. The COVID-19 pandemic led to capacity shortages, shipping limitations, and increased e-commerce and online shopping. Much of the U.S. and global economy has leaned back on truckers and logistics to stay afloat and stock shelves. Essential supplies had to move fast, and this demand far exceeded the need for electronic logging devices (ELDs), limiting what drivers could do.
The Federal Motor Carrier Safety Administration (FMCSA) had been working on editing the ELD mandate from 2017 for a few years but finally updated the hours of services (HOS) regulations, which went into effect on September 29, 2020.
What Hours of Service Updates Were Made?
Here are the critical updates to the HOS:
Flexible 30-Minute Breaks: Drivers can now take a 30-minute break during their 8-hour driving times through an “on-duty, not-driving” status rather than an “off-duty” status.
Sleeper Berth Provision: Drivers have two options for splitting their 10 off-duty hours: eight hours in the sleeper berth and two hours off-duty, or seven hours in the sleeper berth and three hours off-duty.
Adverse driving conditions exception: Drivers could drive up to two additional hours while facing dangerous road conditions like snow or flooding. This exception has been increased by two hours, maximizing driver safety.
Short-Haul Exception: This extends the short-haul exception to 150 air miles and allows a 14-hour work shift that may occur as part of the exception.
The FMCSA has also developed an online tool called the Educational Tool for Hours of Service (ETHOS). This new online tool will help educate drivers and carriers about the HOS and how to ensure they remain compliant. Drivers and carriers can enter their duty statuses into the web-based log, and ETHOS will help identify where potential violations of the following HOS rules may have occurred:
- If drivers over exceed the maximum 11-hour driving limit during the 14 hour driving window
- If drivers over exceed the maximum 14-hour driving window
- If a 30-minute break (or multiple breaks) were not taken during driving hours.
- If the Sleeper berth provision was not modified correctly.
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What Does All This Mean to You?
These changes were brought about with driver flexibility in mind while not compromising on safety. Some of the original regulations were too rigid for drivers, who couldn’t always follow HOS regulations during emergency situations. For example, it’s challenging for a driver to stop driving for a 30-minute break during heavy traffic or severe weather events. Expanding the driving window gives drivers additional time to navigate dangerous situations while protecting their cargo and other drivers.
They also consider short-haul drivers, as the original rules were geared more towards long-haul drivers. Short-haul drivers usually don’t drive beyond 150 miles a day, which meant they weren’t getting paid correctly; the short-haul exception allows short-haul drivers an alternate avenue for payment that benefits them. Freight carriers also don’t have to do much at all when adapting to these regulatory changes, as they mostly affect drivers logging HOS.
But what does it mean for shippers like you? The increased flexibility for drivers translates into a more straightforward, more efficient shipping process altogether. These HOS updates loosen up a tight freight capacity market, making more drivers available for longer periods of time. This means more shipments can get to where they need to go without shippers worrying about capacity shortages.
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Frequently Asked Questions about Hours Of Service Updates You Need To Know
Q. Why were HOS regulations changed?
The FMCSA revised some of their regulations to be less rigid towards drivers, as meeting these standards during an emergency can be difficult. It also creates an exception for drivers who do not travel beyond a 150-mile radius of their home base. All these revisions were made with both driver flexibility and safety in mind, especially after the 2020 pandemic increased customer demand.
Q. What is ETHOS and why does it matter?
The Educational Tool for Hours of Service (ETHOS) is an online tool designed to monitor carriers and drivers by letting them view any infractions against them for violating HOS regulations. As the name implies, it can be used as a learning tool for drivers to understand what actions they need to improve on in the future while driving and lets carriers know what their drivers may need retraining or reminders about.
Q. What changes were made to HOS regulations?
The following HOS regulations were revised:
- Drivers who only travel 150 miles or less are exempted from logging their HOS hours.
- The driving window can expand up to 2 hours in the event of adverse driving conditions.
- Drivers must take a 30-minute break after 8 consecutive hours of driving. On-duty, non-driving activities qualify for this 30-minute break.
- A driver can split their required 10-hour off-duty period, as long as one half is at least 2 hours long and the other 7 hours is spent in the sleeper berth. The pairings must add up to 10 hours.
Drivers must adhere to these new changes after September 29, 2020.
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