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Unless you’ve just beamed in from another planet (or you’re a non-trucker), you’re probably aware of the new Hours-of-Service rules that are looming. But do you understand them fully? From some of the feedback I’ve been getting on Twitter and the blog, I’d say there’s still some confusion out there. The Bible flat-out says that all Christians will be persecuted. Well, I’m pretty sure some Bible-thumper at my company has been Skyping with God on my behalf. You see, my company recently decided that I would be one of the lucky ones who got put on the new Hours-of-Service rules a few weeks early. You know, just to try it out. *sigh* Well, I guess this kind of persecution is better than being around when Nero was kabob-ing Christians to light his garden parties. So thanks for that, God.
But before we get into it, let me issue a warning to my non-trucking peeps. This post will likely only be understood by truckers, so feel free to beam yourself back up to your planet if you don’t mind missing out on my exquisite writing style and tasteful wit. And to the rest of you, like I said, the length of this couldn’t be avoided. When it comes to this technical stuff, if you don’t explain everything in full, you actually raise more questions than you answer.
So my first question was, “Is this even legal?” I mean, how could my employer make me adhere to rules that hadn’t even gone into effect yet? So of course, I called my safety department. I wound up talking to my least favorite safety person. For starters, she’s in charge of e-log training and new implementations such as this most recent one. So there’s strike one against her. Strike two, three, and four came at different times when I called in to question how the e-logs were set up. Each time, the conversation started fine, but ended badly after she basically said, “Well, this is how things are. If you don’t like them, I guess that’s too bad.” You can imagine how well this went over with me. It got to the point where the safety director told us not to speak anymore. If I called in and got her, I was to give her my name and she was to immediately transfer me to someone else. That worked fine up until this latest thing, because like I said, she’s the one who was implementing this new program.
Thankfully, she didn’t get snotty with me this time, even though I did question the legality of making me follow rules that weren’t even in effect yet. Well come to find out, all these new Hours-of-Service rules have actually been in effect since the beginning of the year. They just aren’t going to be enforced until July 1. She said there are quite a few small trucking companies that have been following the new rules since the beginning of the year. So there goes that beef with her. So for now, let’s get on with understanding these new rules. We’ll come back to Hitler’s granddaughter at the end where she’ll answer a few more questions I had.
First, what Hours-of-Service rules are not changing?
The 11-hour rule – You’re still allowed to drive a maximum of 11 hours before you’re required to take a 10-hour break. Be thankful for this one. The proposed rule was to take us back down to 10 hours of driving like it used to be. Whew! Dodged that roadkill!
The 14-hour rule – You still have a 14-hour window to work after the start of your day. Thank God they didn’t get the hard 14 passed that would’ve kept us from extending the work day with an 8-hour sleeper berth period. I don’t use this extension much, but it’s come in handy a few times. Any rule that takes away flexibility is a bad thing for a trucker.
The 70-hour rule – You can still work up to 70 hours in an 8 day period. I wish they’d raise this limit, but quite frankly, I’d have better luck getting my nephews to quit “nutting” each other. Yes, that’s precisely what you think it is.
10-hour breaks – You still need to get a minimum 10 hours of off-duty and/or sleeper berth time to reset your 11 and 14-hour rule. This can be all off-duty, all sleeper berth, or a combination of the two.
Split breaks – Although I hate having to do split breaks, it’s sometimes necessary to deliver your load on time. In order to split, you have to have a minimum of 8 hours in the sleeper berth. The other 2 hours can be all sleeper berth, all off-duty, or a combination of the two.
Over all, I’m happy that none of these rules changed. These five rules are the ones we deal with every day and are thereby, the most important. While I’m not entirely pleased with the new rules changes, at least the biggest changes aren’t something that will affect us every day. Well, one will, but it’s not too bad.
So what are the new changes/additions to the Hours-of-Service rules?
There are three new rules changes that will start being enforced on July 1, 2013. Let’s start with the easiest of the three.
The 30-minute rest break – This new rule states that a driver may only drive when less than 8 hours has passed since the end of your last off-duty and/or sleeper period of at least 30 minutes. My company even says that you cannot use personal conveyance during this 30-minute break. After all, the whole idea is for you to be taking a break from behind the wheel. As many of you know, my company has a reputation for being super-strict on this kind of stuff, so I’d be sure to ask your company about it. Luckily, my e-log unit is set up to warn me when my 30-minute break is due. It will warn you 1 hour before and then again 30 minutes before. Once the legal break is logged, it’ll start the count over. You can also find this countdown in the Driver Log section of the e-logs. Check out the picture below to see how this looks on my system.
So anyway… I have to admit that this rule is a bit more complicated than I originally thought. I thought, “8 hours of driving, take a 30-minute break, then finish your day.” Easy squeezy, right? Not so fast, Hot Rod. First, the 8-hour thing includes any on-duty, off-duty, or sleeper berth time under 30 minutes. So if you fueled for 15 minutes, that on-duty time counts towards the 8 hours. But what if you pull into a rest area and show 15 minutes in the sleeper berth while you make your cup of ramen? Yep. That counts towards the 8 hours too. But if you extend that for 15 more minutes, it counts as the 30-minute rest break. That’s great, right? Well, maybe. That all depends on when you took the break.
Did you know that if you aren’t careful as to when you take your 30-minute rest break, you may actually have to take two 30-minute breaks in one 14-hour day? This will be most likely to happen if you take your break before the 6th hour. Let’s walk through an example. Say you start your day at 10 AM and you take a 30-minute lunch break 6 hours later at 2 PM. This break qualifies as your 30-minute rest break. But it also restarts the 8-hour clock. So you go back to driving at 2:30 PM. At 10:30 PM (eight hours later and still within your 14-hour day), you need to take another rest break. So if you want to avoid wasting an extra 30 minutes per day, try to remember not to break the first 6 hours of your day!
1 AM to 5 AM requirements on 70-hour resets – This is exactly what it sounds like. In order to restart your 70-hour work week, your 34-hour break has to include two periods of 1 AM to 5 AM (home terminal time). For full details on how this rule has been affecting me, check out my blog post called, TD91: Bungling the 34-Hour Rule. And for the record, I’m aware that I got the time wrong in the article. I’ve gone back and fixed it, so don’t be buggin’ me. Anywho, the worst part about this specific time-of-day requirement is that we drivers usually can’t control when we start these breaks nor when we have to come off them. For instance, one of my breaks that I talk about in Bungling the 34-Hour Rule was 44 hours and it still didn’t count as a legal restart. I was so stunned I had to triple-check it to make sure I wasn’t mistaken. But it’s actually worse than that. If you start your break at 2 AM (just one hour after the 1 AM requirement), your break will have to be 51 hours to count. Yea. I see a lot of dispatchers working with us that. Not. But it gets even worse. Yes, another level of worse.
Only 1 restart per week (168 hours)- Self-explanatory, right? When I first heard this, I thought, “Well who cares? No one is going to be getting even one 34-hour restart; let alone two in one week.” I even said as much in TD82: Are All These Changes Good for the Trucking Industry? Once again, I was as wrong as a loogie milkshake. This new rule puts even more time restrictions on the already nearly-impossible new 34-hour rule. And I think it’s going to affect the regional drivers who are home every weekend even more than us peons who are stuck out here for weeks on end. How so?
Because the one restart per week is based on when you started your last 34-hour break. This is most easily explained in an example. Say you get home at 7 AM on Saturday morning and you get a legal 34-hour break in. Now say the following weekend you get home at 11 PM on Friday. Under the new rule, you can’t start counting your 34 hours until 168 hours after the start of your previous 34-hour break. So in this example, that would be last week at 7 AM on Saturday morning. So even though you got home the previous night at 11 PM, you can’t start counting until 7 AM the following morning. Screwy, huh? That’s 8 hours that can’t go towards a restart. And that 8 hours would’ve even met the 1 AM to 5 AM time restraints. Grrrrr.
Now if that isn’t already weirder than Lady Gaga’s wardrobe, there’s another aspect of this that seems even more bizarre. Now let me state right out front that I may be wrong about this. I spoke with my safety person about this, so if I get it wrong, blame her. And then write in and and tell me how this really works. Okay. Here we go.
So back to your situation. We’ve established that this week’s restart doesn’t start counting until 7 AM on Saturday. So if you get home next weekend at 2 AM on Saturday, you still have to wait 5 hours until you can start counting towards your 34 hours. But what if you get home after 7 AM on Saturday? Let’s say you have to stay out to do one more load and you don’t get home until 10 PM on Sunday night. Great! You can start your 34 hours immediately because you’re well past the 168-hour mark.
But what about next weekend when you get home on Friday night again? Your last restart started at 10 PM on Sunday night, so now your 34 hours isn’t up until some time on Tuesday morning. So do you see what’s happening here? It seems to me that if you ever want to get another 34-hour break, you’re going to have to get home on Sunday night again. So much for the weekend. And what if dispatch is shooting to have you home Sunday night but you’re delayed until Monday morning?
I’m really hoping someone will tell me how wrong I am here. But the way I see it is that you can never move the 34-hour start time backward; it can only be moved forward. I don’t see how that can possibly be a good thing for you drivers who are supposed to get home on the weekends. Does that mean you’ll have to stay out for two weeks in order to set yourself up for weekend home time again? Some of you regional drivers write in and tell me how you think this will work in your situation. I’d love nothing more than for you to tell me I’m a moron.
Again, thankfully those of us on e-logs don’t have to figure a lot of this stuff out. As you can see from the photos, the e-log system keeps track of all this for you. In the first photo, you can see it lists the earliest time I can start my 34-hour break and the time it will end. In this example, I took this snapshot the morning of the June 14. But notice the start time is listed as 15:56. That’s because the last 34-hour break I started was at 15:56 on June 7 (that’s 168 hours prior). Notice also that the end time is for the 16th at 0500. That’s because of the new 1 AM to 5 AM time constraints. So in this case, if I wanted to start my 34-hour break, I’d have to be down for just over 37 hours.
This next shot was taken at 22:30, which just so happens to be the exact time the 34-hour start time shows. That’s because I’m now past the 168-hour window. This start time now moves with me as time passes. Notice the end time now shows 08:30. So if I were to start my 34-hour break right then, I’d only have to be down for 34-hours to get a legal restart. Sweet!
Time to wrap this puppy up. When I had Fräulein Hitler on the phone, I asked how she thought these new rules would affect drivers. She said there was actually some poor sods at our company who’ve been using the new rules since April. And I thought I was on the crap list! She said about half of the 34-hour attempts were registering as legal 70-hour resets. What she didn’t say is how many of those 34-hour restarts took longer than 34 hours. According to my unscientific tests, the number of acceptable restarts is more like 1/3, and remember, I wasn’t even taking into account the 168-hour limitations when I did my study.
Well, at least there is one ray of hope in all this. History has taught us that Nazis always think they’re right, but it’s been proven that they’re often wrong; big time. So maybe my safety lady and her fellow FMCSA Nazis will accept defeat and back the heck off. Then again, Hitler didn’t really give up did he? He more or less self-destructed. Great. That sounds like a lot of fun for our immediate future.
*Are you dreading the new HOS rules or do you think they won’t affect you much? Leave your thoughts in the comments section below. Yes, I realize you’ll have to do a little math to complete the task, but that’s what calculators are for, right? ;-)*