On January 4, 2004, enforcement begins for the new Hours-of-Service (HOS) regulations. The eight months since the government issued the rules have been a chance for drivers and others in the industry to educate themselves with how things are now supposed to be, but they've also been a time for rumors, myths and misunderstandings to fester.

How it Works

Some drivers are confused because of the way "driving" and "on-duty not driving," (lines 3 and 4 in the logbook) are combined for weekly totals. Under the old regulations, you could extend the day by breaking up on-duty time with periods of off-duty or sleeper time.

Now, once the duty day starts, you must complete your workday, driving or non-driving, within 14 hours, and then begin 10 consecutive hours of rest. A technical amendment provides for one break in the 14-hour day, provided at least two consecutive hours are spent in the sleeper. The 14 hours can be extended by the time spent in the sleeper, ostensibly for a nap. But total on-duty time immediately before and after the sleeper time cannot exceed 14 hours, and the total driving time in that period cannot exceed 11 hours. If three hours are taken for a nap, the next sleep period may be only seven hours, but the time limits before and after each segment apply.

Confused? You're not alone. Some drivers I contacted feel they must take the full 14 hours before going off-duty or to sleep. That is not so. As recently as one month ago, the FMCSA was attempting to clarify the rules. A memo from Chief Safety Officer John Hill addressed combining sleeper and off-duty time. Hill indicated a driver may combine the last qualifying sleeper berth period with off-duty time if there are at least two sleeper berth periods totaling 10 hours or more. The FMCSA is still wrestling with the rule's ambiguities.

The total workweek remains at 60 hours in seven days or 70 hours in eight days. The difference is the hours are not just driving hours, but the total of logbook lines 3 and 4. I've heard that this is to encourage fleets and shippers to use drivers' time for driving, not as a source of free labor.

In addition, there is now a provision to reset the 60- or 70-hours clock after 34 continuous hours off duty (a 24-hour day plus one additional 10 hour sleep period).

Scheduled carriers see the new HOS rules as an extension of driving time by one hour, but irregular route carriers see the new rules cutting into driver and equipment productivity. At the time we went to press, several major carriers have floated suggestions that rate increases may be needed. Shippers' organizations have stated strong opposition to any rate changes based on hours-of-service.

Enforcing the Rules

Law enforcement will, for the most part, be ready for the new regs. Expect little difference in the manner of enforcement, only the details.

Some states may not have adopted the new Federal regulations by January 4. New York State Police Sgt. Ray Weiss says there is a chance that N.Y. state's legislature may not have changed state law by then. Since the State Police enforce state law, a driver who has driven 12 hours may be cited for being two hours over limit, not one. But Sgt. Weiss said that officers do have discretion, and if a driver is compliant with Federal law, he or she won't be cited in the state unless there are other factors to be considered. By early January, New York will have revised its rules. Most other states will have theirs in place by January 1.

The new regulations will be closely watched over the next few years, and their impact on both safety and trucking industry economics will be evaluated. Since all safety experts favor 24-hour cycles, there should be only minor changes forthcoming. The impact on drivers' pay and carriers' revenue still remains to be seen.