Beginning next week, commercial truck drivers in Indiana, Illinois, and the rest of the country will have to comply with the latest version of the Hours of Service (HOS) regulations overseen by the Federal Motor Carrier Safety Administration (FMCSA).
These are the federal laws designed to protect truck drivers from becoming fatigued and overly tired while behind the wheel, and thereby endangering both themselves, other occupants in their rigs, as well as those who share their roads, with a serious or deadly truck crash. We have discussed HOS Regulations before, see:
- Truckers Can Use Exception to HOS Rules If Threatened with Violent Crime
- Commercial Truck Safety and Truck Driver Fatigue: Fatal Truck Crashes, ELDs, and HOS Rules
- Coronavirus and Truck Drivers: Danger of Fatal Truck Crash with Changes to Hours of Service (HOS) Rules
- Exhausted Truck Drivers: Who Can Discover ELD and HOS Fraud to Enforce Federal Safety Laws?
The new Hours-of-Service Regulations were unveiled by FMCSA earlier this summer (June 1, 2020) with a legal effective date of September 29, 2020.
New Hours of Services Regulations Apply to Most Trucks on Our Roads
These new HOS Rules apply to most commercial motor vehicle (CMV) drivers. The FMCSA defines a “CMV” as a vehicle that is (1) used as part of a business; (2) involved in interstate commerce and (3) fits any of these descriptions:
- Weighs 10,001 pounds or more;
- Has a gross vehicle weight rating or gross combination weight rating of 10,001 pounds or more;
- Is designed or used to transport 16 or more passengers (including the driver) not for compensation;
- Is designed or used to transport 9 or more passengers (including the driver) for compensation; or
- Is transporting hazardous materials in a quantity requiring placards.
Most of the big rigs, semi-trucks, tractor-trailers, and 18-wheelers that drive the roads of Indiana and Illinois meet this definition of a CMV and their drivers must comply with these new HOS Regulations.
What Changes are in the New September 2020 HOS Rules for Truck Drivers?
There are four (4) big changes to HOS regulations (49 CFR 395) that alter how truck drivers’ time behind the wheel is regulated by the federal government. As of September 29, 2020:
Thirty (30) Minute Break Requirement: On-Duty or Off-Duty Counts
Truck drivers are mandated to take a break after they have been driving their rig for eight (8) consecutive hours. This 30 Minute Break can meet the new HOS Rule by an on-duty, non-driving break as well as an off-duty break.
Now, the truck driver can drive for eight (8) hours without taking a break, and then the required 30-minute break can be done by either time off-duty; in the sleeper berth; or on-duty, just not driving.
Sleeper Berth Time Split: Seven Hour Minimum in the Berth
Under the new HOS Rules, drivers can split their mandatory ten (10) hours off-duty into two time periods (e.g., 8/2 or 7/3 split or 7/5/2.5) with neither time period going against their maximum 14-hour driving window. Whether in the sleeper berth or not, one of these off-duty time periods has to be at least two (2) hours long. The other off-duty time period has to be at least seven (7) hours long, and in the sleeper berth.
Now, the off-duty period (in or out of the sleeper berth, minimum 2 hours) and the period in the sleeper berth (minimum 7 hours) have to total at least 10 hours, and neither time period counts against the 14-hour driving window.
Adverse Driving Conditions: Add Four Hours to the Driving Day
Beginning next week, the truck driver facing adverse driving conditions gets an additional two (2) hours added to his or her duty day, which when added to the existing two (2) hours allowed gives the trucker a total of four (4) hours extra driving time on a duty day.
Now, a trucker hauling cargo can drive 13 hours within a 16 hour window if faced with “adverse driving conditions,” such as snow, ice, fog, etc.
Short Hauls
Two more hours are being added to the short-haul exception; it is going from 12 to 14 hours as the truck driver’s maximum on-duty time period. The new HOS Rule also extends the short haul distance limit from 100 air miles to 150 air miles.
Now, the hauls are fifty air miles longer and the maximum on-duty period for the driver is 14 hours.
Safety Advocates File Lawsuit Arguing New HOS Rules Increase Crash Danger
Last week, a lawsuit was filed to challenge this new version of the federal HOS rules. The plaintiffs in the case, to be heard by the United States Court of Appeals for the District of Columbia Circuit, are: (1) Advocates for Highway and Auto Safety; (2) Citizens for Reliable and Safe Highways (CRASH); (3) International Brotherhood of Teamsters; and (4) Parents Against Tired Truckers (PATT).
The lawsuit argues that the new September 2020 version of the HOS regulations will only serve to make truck drivers even more overworked and fatigued on the job. Moreover, the groups allege that the federal regulation has been put into effect without proper statistical support.
Among other concerns, the lawsuit warns that the new HOS Rules no longer make sure that a truck driver gets a 30 minute break after being behind the wheel, driving for an 8-hour stretch.
The suit was filed by Public Citizen on behalf of these four safety groups, with a copy of their Petition for Review being made available online at the Public Citizen web site (read it here).
Explains Advocates for Highway and Auto Safety President Cathy Chase (emphasis added):
“Trucking driving is one of the most dangerous professions in our nation. The pressures and responsibilities drivers face are colossal, especially during the pandemic. Taking away a 30-minute break to get a cup of coffee or stretch one’s legs makes no sense, especially considering that driver fatigue is a known major contributor to crashes. If I fall asleep on the job, my head hits the keyboard. If a truck driver falls asleep, his/her head hits the windshield and that’s only part of the catastrophic outcome.
“Allowing operators to work longer hours and drive farther distances without proper rest breaks and other protections ignores science, data, and expert opinion, including that of the National Transportation Safety Board (NTSB).
“With large truck crash fatalities on the rise for five consecutive years, the FMCSA should be taking action to advance proven solutions to reduce crashes, such as requiring automatic emergency braking, rather than eviscerating the minimal truck driver protections.”
Fatal Truck Crashes: Drowsy Driving and Fatigued Truck Drivers
When a truck driver operates a commercial rig, with or without a full load, he (or she) is entrusted with a huge responsibility in the operation of a heavy and dangerous vehicle that will be moving a high speeds alongside other motor vehicles on the roadway. Commercial (CMV) truck drivers are professionals who must undertake special instruction and training and thereafter meet the necessary testing and other requirements to be a licensed commercial driver. It is a job to be respected with workers who are to be valued for their contributions and accomplishments.
However, all too often in the trucking industry, truck drivers are pushed to meet deadlines and drive their trucks when they are not at their best. They drive tired. They drive when they need to take a break or to get some sleep.
When this happens, truck drivers can become a danger to themselves and others. This is not debatable; this is the reason that the HOS Rules were passed in the first place. However, with the latest changes to the federal regulations on CMV Drive Time, the already weak protections against fatigued truck drivers have become even less of a protection. For more, read “When Trucker Fatigue Turns Fatal, What Can We Do?” written by John Hitch and published by EHS Today on October 17, 2019.
We will see more truck drivers on the roads of Indiana and Illinois who are driving drowsy or operating their rigs when they need a break and are fatigued. Sadly, statistics show this will likely result in a fatal truck crash, where both the truck driver and others may perish in what is known to be a preventable accident.
For more on fatal truck crashes, read:
- Coronavirus and Semi-Truck Crashes in Indiana and Illinois: Deadly Truck Crashes During COVID-19 Quarantines
- Commercial Truck Crashes: FMCSA’s New Study Because of Rising Number of Fatal Semi-Truck Accidents
- Deadly Truck Crashes and New FMCSA Proposed Rollbacks to Hours of Service (HOS) Rules
- New Insurance Act Will Increase 40 Year Old Insurance Coverage Minimums in Truck Crashes
Driving in our part of the country, the “Crossroads of America,” can be dangerous and deadly, especially with the high volume of commercial truck traffic moving through Indiana and Illinois each day. Please be careful out there!
