The rule includes four (4) changes designed to offer drivers greater flexibility, while maintaining the highest safety standards on our Nation’s roads, and was developed based on extensive public and industry input. Drivers must comply with these revised provisions starting on September 29, 2020, but not before.
Most drivers and motor carriers I have discussed this with agree these changes will benefit drivers and motor carriers and drivers can be more efficient with their on-duty time. These new rules will give drivers some flexibility for delivering loads on time and less stress regarding shipper deadlines.
SLEEPER BERTH PROVISION:
Modifies the sleeper berth requirements for property carriers to allow drivers to take their required 10 hours off-duty in two periods, provided one off-duty period (whether in or out of the sleeper berth) is at least 2 hours long and the other involves at least 7 consecutive hours spent in the sleeper berth (e.g., 7/3, 8/2, 7.5/2.5). Neither time period counts against the maximum 14-hour driving window as long as both periods are used together. All sleeper berth pairings must add up to at least 10 hours.
A driver can now choose to take a 2-3 hour break if circumstances allow and then continue driving until they reach their destination or need to stop and go to the sleeper berth or off-duty for the 7 hours consecutive.
A team driver for example may now be in the passenger seat for up to 3 hours and be off-duty versus having to be in the sleeper berth for 10 consecutive hours.
ADVERSE DRIVING CONDITIONS EXCEPTION:
A driver who encounters adverse driving conditions is allowed to extend the driving limit and on-duty limit by up to two hours:
• Property carriers have a 16-hour driving window within which to complete up to 13 hours of driving, and
• Passenger carriers have a 17-hour duty period within which to complete up to 12 hours of driving.
The “revised definition” of “adverse driving conditions,” clarifies the role of the driver in determining when such conditions are identified.
Definition:
Adverse driving conditions means snow, ice, sleet, fog, or other adverse weather conditions or unusual road or traffic conditions that were not known, or could not have reasonably been known, to a driver immediately prior to beginning the duty day, or immediately before beginning driving after a qualifying rest break or sleeper berth period, or to a motor carrier immediately prior to dispatching the driver.
SHORT-HAUL EXCEPTION:
Modifies the maximum allowable duty period and distance for drivers operating under the short-haul exception. Passenger and property carriers qualifying for the short-haul exception are not required to use a Record of Duty Status) RODS or an Electronic Logging Device (ELD), or take a 30-minute break (§ 395.1(e)(1)).
• Extends the maximum duty period allowed under the short-haul exception from 12 hours to 14 hours.
• Extends the maximum radius of the short-haul exception from a 100 air-mile radius to a 150 air-mile radius (172.6 statute miles) of the normal work reporting location (home base).
While operating under the short-haul exception, drivers are permitted to keep a time record instead of recording time in a graph grid or with an ELD.
When using the short-haul exception, the motor carrier must record the driver’s time in, time out, and total number of hours per day. Time must include the total time for the 7 preceding days for new hires or drivers used intermittently (§ 395.8(j)(2)). Records must be maintained for 6 months.
When a driver no longer meets the short-haul exception (drives too far/ works too many hours), the driver must complete a regular log or use an ELD for the day (§395.8). If a driver is required to complete a log for 8 or fewer days within the last 30 days, a driver can use a paper log with a graph grid or an ELD. More than 8 days within the last 30 days, a driver generally must use an ELD to record time for that day
30-MINUTE BREAK:
Requires a 30-minute break for property carriers only when a driver has driven for a period of 8 cumulative hours without at least a 30-minute interruption. When required, the break may be satisfied by any non-driving period of 30 consecutive minutes (on-duty not driving, off-duty, sleeper berth, or any combination as long as it is consecutive).
Previous to this new rule, drivers had to log the 30-minute break as “off-duty” or “sleeper birth” time.
None of these new rules change the total driving time and on-duty time for drivers, they remain as follows:
• May not drive after 60/70 hours on-duty in 7/8 consecutive days.
• A driver may restart a 7/8 consecutive day period after taking 34 or more consecutive hours off-duty.