Latest on the HOS changes

This is a summary from TheTrucker.com on the latest in the HOS rule changes:

FMCSA seeks 12-month stay on HOS ruling

The Federal Motor Carrier Safety Administration (FMCSA) late Friday said it had asked the Washington, D.C. Circuit Court of Appeals to delay implementing its ruling vacating two portions of the Hours of Service (HOS).

FMCSA’s statement followed a notice sent out by the American Trucking Associations Friday afternoon that said it “welcomes the Federal Motor Carrier Safety Administration memorandum that asks the D.C. Circuit Court of Appeals to delay implementing its ruling on regulations that govern the working hours of commercial drivers.”

In its response to press inquiries about the ATA notice, FMCSA stated that: “ … We support the [ATA] motion and seek a stay period of 12 months, during which time we will focus on gathering data and comments to address the court's procedural issues and determine the agency's best steps to improve safety on America's highways."

ATA explained that an “FMCSA memorandum filed today [Friday] strongly supports ATA’s request that the Court’s vacating of the 11- and 34-hour provisions of the Hours of Service rules be stayed pending their reconsideration by the agency.”

“We are pleased that the agency has supported our motion and our view that the Court ruled only on the procedures that FMCSA used in adoption of the HOS regulations, and not on the regulations themselves,” said ATA President and CEO Bill Graves in the ATA notice. “It is also important to note that the FMCSA states that ‘available data show that continuing the status quo will not diminish safety,’’’ the ATA statement added.

According to ATA: “FMCSA said a stay was needed to ‘prevent substantial disruption of trucking operations,’ and cited timing concerns and significant transition costs to the industry related to a rule change. Those costs could ‘have to be incurred again,’ FMCSA said. The agency also predicted disruptions and confusion in HOS enforcement if the rules were changed.”
ATA said FMCSA “expressly stated that it ‘agrees with ATA that maintaining the status quo will not harm public safety or driver health.’ In support of that statement, improving safety statistics were cited, including a declining trend in fatigue-related accidents.”

FMCSA stated that the Court had invalidated the 11- and 34-hour provisions “on procedural grounds only” and that the “Court’s decision did not foreclose issuance of a new rule that contains the 11-hour and 34-hour provisions, assuming the agency provides the requisite notice-and-comment and adequately explains its reasoning,” ATA noted.

“It is expected that Public Citizen, who led the challenge to HOS rule, will file a memorandum opposing the stay later today,” ATA said.
http://www.thetrucker.com/News/Stories/2007/9/21/FMCSAseeks12-monthstayonHOSruling.aspx

Author: Karl Olson

Interesting Article on FMCSA's EBOR Rule

We recently came across a very interesting posting on the JJ Keller website regarding how the EOBR rule could be expanded to cover more companies:

FMCSA: EOBR rule could be expanded, cover more companies
Proposed rules requiring certain “bad apple” trucking companies to install electronic on-board recorders (EOBRs) to track their drivers’ hours of service may be expanded to cover additional companies once the rules are finalized next year, according to an official from the Federal Motor Carrier Safety Administration (FMCSA).

Larry Minor, the agency’s Associate Administrator for Policy and Program Development, said the FMCSA is currently reviewing comments on the proposed rules, and due to “very strong feedback” from groups that want all trucks to have EOBRs, the agency may increase the number of companies that would be required to install the devices.

The complete article can be found here:
http://www.jjkeller.com/news/newsinfo/T_news2248.htm?ticket=1000277804032516409084067503&pageseq=10000

Author: Karl Olson

More on Using an OBC for RODS/HOS

The following regulation in the FMCSR (Federal Motor Carrier Safety Regulation) informs any company using an on-board recording device for their record of duty status (RODS) / hours of service (HOS)

395.15 (g) On-board information. Each commercial motor vehicle must have on-board the commercial motor vehicle an information packet containing the following items:
395.15(g)(1) An instruction sheet describing in detail how data may be stored and retrieved from an automatic on board recording system; and
395.15(g)(2) A supply of blank driver's records of duty status graph grids sufficient to record the driver's duty status and other related information for the duration of the current trip.

The reason for 395.15(g)(2) is due to regulation 395.15(f) that states a driver must have 7 or 8 days of their hours of service logs reconstructed in the event of an on-board recorder’s failure.
(f) Reconstruction of records of duty status. Drivers are required to note any failure of automatic on board recording devices, and to reconstruct the driver's record of duty status for the current day, and the past 7 days, less any days for which the drivers have records, and to continue to prepare a handwritten record of all subsequent duty status until the device is again operational.

Author: Karl Olson

HOS Grid

Some users have asked us to show the Hours of Service grid in 15 minute increments, similar to how a “paper log” would be created by a driver.

We wrote to the FMCSA and received an “unofficial” interpretation from one of their most experienced enforcement agents.

Our request was to move start time on the grid forward to the quarter hour when 7 and a half minutes was met and move the grid back to the previous quarter hour if the total time had not reached 7 and a half minutes.

His “unofficial” response was:

“It sounds good, BUT, when using a pencil/pen, the 15 minute grid is necessary. I believe that since technology is being used, the time to the second should be used (My opinion). Mixing seconds and 15 minutes, could lead to a "false" log entry. NOT, 'could', it 'would' lead to a false log entry. If I were making the case, I would state that the carrier had the ability to record to the second, but elected to use the false log entry”.

Author: Karl Olson

Can companies require drivers to use an OBC?

Companies using On Board Recorders sometimes are concerned about getting their drivers to use the new system. The FMCSR clearly states the company has the right and authority to require their drivers to use use on-board recorders. Refer to 395.15(a)(1) and 395.15(a)(2):

395.15 Automatic on board recording devices.

(a) Authority to use automatic on-board recording device.

(a)(1) A motor carrier may require a driver to use an automatic on board recording device to record the driver's hours of service in lieu of complying with the requirements of §395.8 of this part.

(a)(2) Every driver required by a motor carrier to use an automatic on board recording device shall use such device to record the driver's hours of service.

Author: Karl Olson

Can users of OBCs amend duty status during a trip?

Cadec Global interprets the Federal Motor Carrier Safety Regulations (FMCSR) to the letter of the law. We strive to be 100% compliant with the regulations. Whenever a regulation has a perceived gray area, we review the guidance portion of the Federal Motor Carrie Safety Administrations (FMCSA) website. If there is no guidance found there, we contact the FMCSA directly and receive a written opinion.

Below is a question asked often by transportation personnel:

May a driver who uses an automatic on board recording device amend his/her record of duty status during a trip?

No. Section 395.15(i)(3) requires automatic recording devices, to the maximum extent possible, be tamperproof and preclude the alteration of information collected concerning a driver’s hours of service. If a driver was allowed to amend their record of duty status while in transit, legitimate amendments could not be distinguished from falsifications. Records of duty status maintained and generated by an automatic on board recording device may only be amended by a supervisory motor carrier official to accurately reflect the driver’s activity. Such supervisory motor carrier official must include an explanation of the mistake. Both the original and amended record of duty status must be retained by the motor carrier.


The above interpertation is found on the FMSCA website at the following link:

http://www.fmcsa.dot.gov/rules-regulations/administration/fmcsr/fmcsrruletext.asp?rule_toc=764&section=395.15§ion_toc=1947&guidence=Y

Author: Gerry Kirouac