us department of transportation federal motor carrier safety administration oregon division summary...

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US DEPARTMENT OF TRANSPORTATION FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION OREGON DIVISION Summary of 2011 HOS Final Rule

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Limitations on minimum “34-hour restarts” Current Rule – No limitation Final Rule – Compliance Date is July 1, 2013 In order to meet the 34-hour restart, driver  (1) Must include two periods between 1 a.m. – 5 a.m. home terminal time.  (2) May only be used once per week.

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Page 1: US DEPARTMENT OF TRANSPORTATION FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION OREGON DIVISION Summary of 2011 HOS Final Rule

US DEPARTMENT OF TRANSPORTATIONFEDERAL MOTOR CARRIER SAFETY ADMINISTRATION

OREGON DIVISION

Summary of 2011 HOS Final Rule

Page 2: US DEPARTMENT OF TRANSPORTATION FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION OREGON DIVISION Summary of 2011 HOS Final Rule

Limitations on minimum “34-hour restarts”

Current Rule – No limitationFinal Rule – Compliance Date is July 1, 2013In order to meet the 34-hour restart, driver

(1) Must include two periods between 1 a.m. – 5 a.m. home terminal time.

(2) May only be used once per week.

Page 3: US DEPARTMENT OF TRANSPORTATION FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION OREGON DIVISION Summary of 2011 HOS Final Rule

Rest Breaks

Current Rule – None except as limited by other rule provisions.

Final Rule – Compliance Date is July 1, 2013May drive only if 8 hours or less have passed

since end of driver’s last off-duty period of at least 30 minutes.

HM 397.5 mandatory “in attendance” time may be included in break if no other duties performed.

Page 4: US DEPARTMENT OF TRANSPORTATION FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION OREGON DIVISION Summary of 2011 HOS Final Rule

On-Duty Time

Current Rule – Includes any time in CMV Except Sleeper-Berth.

Final Rule – Compliance Date (February 27, 2012) Does not include any time resting in a parked CMV In moving CMV, does not include up to 2 hours in

passenger seat immediately before or after 8 consecutive hours in sleeper berth.

Also applies to passenger-carrying drivers

Page 5: US DEPARTMENT OF TRANSPORTATION FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION OREGON DIVISION Summary of 2011 HOS Final Rule

Penalties

Current Rule – “Egregious” hours of service violations not specifically defined.

Final Rule – Compliance Date (February 27, 2012) Driving (or allowing a driver to drive) 3 or more hours

beyond the driving-time limit may be considered an egregious violation

Subject to the maximum civil penalties Not to exceed $11,000 per violation for motor carriers Not to exceed $2,750 per violation for drivers

Also applies to passenger-carrying drivers

Page 6: US DEPARTMENT OF TRANSPORTATION FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION OREGON DIVISION Summary of 2011 HOS Final Rule

Questions?

Where can I find detailed information about this new HOS final rule?

Details are available in the formal final rule and technical analysis of the details are available at http://www.fmcsa.dot.gov

Individual questions, you may contact the Oregon Division of the Federal Motor Carrier Safety Administration at (503) 399-5775 or Fax (503) 316-2580.

Finally, we have moved, we are now at: 530 Center Street NE, Suite 440, Salem, OR 97301