Revised Hours-of-Service Rule
Reducing Truck Driver Fatigue
May 2, 2003

The Department of Transportation's (DOT) Federal Motor Carrier Safety Administration (FMCSA) yesterday announced the first substantial change to the hours-of-service rules (HOS) since 1939. The rule is expected to improve highway safety and help reduce the number of truck crashes and related fatalities and injuries by addressing commercial motor vehicle (CMV) driver fatigue.

"Over the last several years, FMCSA has made great progress in reducing commercial vehicle crash fatalities, and this rule should help to continue that momentum," said Transportation Secretary Norman Y. Mineta. "If we can lower the cost of moving freight by 1%, the additional benefit to the economy would be more than $98 billion annually."

The new rules allow long-haul drivers to drive 11 hours after 10 consecutive hours off duty. Also, drivers may not drive beyond the 14th hour after coming on duty, following 10 hours off duty. Similar to existing rules, drivers may not drive after being on duty for 60 hours in a seven-consecutive-day period or 70 hours in an eight-consecutive-day period. This on-duty cycle may be restarted whenever a driver takes at least 34 consecutive hours off duty.

Most relevant to our Group members is the new rule for short-haul truck drivers. These are drivers who, after each duty tour, return to the location from which they were dispatched and are then off duty. These drivers can have an increased on-duty period of 16 hours once during any seven-consecutive-day period. The 16-hour exception takes into consideration business needs without jeopardizing safety.

FMCSA estimates that, without these extra two on-duty hours, businesses would need to hire at least 48,000 new drivers.

This rule governs drivers transporting freight in interstate commerce in a property-carrying commercial vehicle with a gross vehicle weight rating of 10,001 pounds or more, and operating vehicles transporting hazardous materials in quantities requiring vehicle placards.

A 1995 safety study on truck driver fatigue indicated that the most critical factors in predicting fatigue-related accidents are the duration of the most recent sleep period, the amount of sleep in the past 24 hours and whether the sleep was split into shorter periods of time rather than one long period of time. As a result of the study's findings, the FMCSA was asked to revise the hours-of-service regulations to give drivers the opportunity to obtain at least eight continuous hours of sleep.

Enforcement of the final rule will begin Jan. 4, 2004.

Rules for the record-of-duty status form, also known as a driver's daily log, remain unchanged. Drivers who operate within a 100 air-mile radius of their normal work location, return to that location and are released from duty within 12 hours will keep time cards as allowed under the current rules. The final rule can be viewed at www.fmcsa.dot.gov.

Susan G. Fahmy, CSP

If you have any questions on this or any other safety issue, please call your local area representative or the Lovell Safety Office at 212.709.8600.