FMCSA FINAL RULE -RULE COMPARISON CHART Created December 2010

ATA
FMCSA’s CURRENT HOS RULE FMCSA’s PROPOSED HOS RULE December 2010
All Property Carrying Drivers and Motor Carriers All Property Carrying Drivers and Motor Carriers
Minimum Off-Duty Hours Between Shifts

10 consecutive hours

Same as current rule.

 

Total On-Duty Window in Each Shift

14 consecutive hours Significant Changes -14 consecutive hours with release from duty required at end of driving window; Only 13 hours of the 14 hour window are productive work due to new “rest break” requirements described below; 14 hours window is extendable to 16 hours twice a week to accommodate for issues such as loading and unloading at terminals or ports, however, drivers are still limited to 13 hours on-duty.

Total Hours

(On-Duty+Off-Duty+Rest)

 

24 hours

 

24-26 hours

 

Maximum Driving Hours

Limit on Consecutive Hours Driving

 

11

 

None

10 hours of maximum driving time and 11 hours of maximum driving time are proposed for comment; FMCSA’s “currently preferred option” is 10 hours.

May drive only if it has been 7 hours or less since last off-duty or sleeper berth period of at least 30 minutes

Mandatory Rest Break During Shift

 

None

 

 At least 60 minutes of rest break time during each On-Duty Window; may be taken in one block or broken up into two 30 minute rest breaks
Maximum Cumulative On-Duty

60 hours in 7 days

70 hours in 8 days*

(*for carriers that operate 7 days a week)

 

Same as current rule.

 

FMCSA’s CURRENT HOS RULE FMCSA’s PROPOSED HOS RULE December 2010
All Property Carrying Drivers and Motor Carriers
All Property Carrying Drivers and Motor Carriers

 

Cumulative On-Duty “Restart”

Voluntary:

34 consecutive hours off-duty resets a drivers cumulative on-duty back to zero (or restarts a drivers 60 hour weekly clock) at any point in a driver’s 7 day cycle

Voluntary:

The length of the restart period is variable since it must include two consecutive off-duty periods from midnight to 6:00 a.m. Drivers would be allowed to use this restart only once during a seven-day period.

Sleeper Berth: Splitting Off-Duty Time

Team and Solo Drivers:

2 periods totaling > 10 hours; 1 period must be at least 8 hours in the sleeper berth; second period of time may be spent either in or out of the sleeper berth.

 

Same as current rule

On-Board Recorders
Voluntary Use

Same as current rule.

Federal Exceptions & Exemptions
All existing exemptions and exceptions remain.
Slightly modified Oilfield exemption, and removed 16 hour provision in 395.1(o).

 

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