Hours-of-service break requirement top issue with new regs, enforcers say

| July 12, 2013

hours truck stopThough it’s too soon to know exactly how enforcement of the new hours-of-service regulations are faring, the enforcement community to this point has noticed some confusion and many questions regarding the 30-minute break required after eight on-duty hours.

The new regulations took effect July 1 and reduce the number of hours drivers can work in a week, require the 30-minute break and limits drivers to one 34-hour restart a week that includes two periods between 1 a.m. and 5 a.m.

States have 21 days to upload inspection data and compliance reviews to SafetyNet, the computer system used by state law enforcement. The Commercial Vehicle Safety Alliance, however, says it should have enough data by its annual conference in September to have an idea of how the enforcement community is handling the change.

CVSA Executive Director Steve Keppler says most questions so far about the new rules are about the 30-minute break requirement.

Lt. Thomas Fitzgerald of the Massachusetts state police said traffic stops are taking longer than normal because truck drivers are seeking assurance they are adhering correctly to the new regulations.

Fitzgerald is in charge of commercial vehicle enforcement for the state, and he said the state’s troopers have discretion as far as enforcement is concerned, especially if any violations are over new rules and the driver does not have a history of offenses.

Lt. Shawn Currie, head of the Maine state police’s commercial vehicle enforcement division, says his group is conducting soft enforcement for the first month of the new rules, and that troopers will issue out-of-service orders but are not brining violators to court unless they are repeat violators.

Currie did say, however, there has actually been a drop in violations for truck drivers in the first week of the new rules compared to the previous seven days.

Dave Osiecki, of the American Trucking Associations, said the rules for the 30-minute break do not take into account the extra time it takes for drivers to find parking and get out of the truck. Osiecki is ATA’s senior vice president for policy and regulatory affairs.

Truckers have had nearly as many questions about limiting restarts to once per 168 hours as the 30-minute break, Osiecki said. State law enforcement agencies conducted HOS training in May and June, but the ATA has heard little this month about enforcement.

Jeffrey Davis, vice president of safety for the Motor Transport Underwriters, says the 34-hour restart mandate that requires drivers to take a restart that includes two 1 a.m. to 5 a.m. periods could cause problems. For instance, many of the MTU customers are flatbedders, and their work starts many times at 4 a.m.

Davis said the stipulation that the restart include the same four-hour block could leave long-haul drivers scavenging for an already short supply of parking.

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  • Gambler

    A 30 minute break is complete bullshit!

  • ilovdieselsmoke

    yeah what an excellent idea to make sure as many trucks as possible are mixed in with morning rush hour traffic now instead of allowing us to make it through the critical areas in the wee hours of the morning.. we have some real brain storms in Washington,DC. The only real world driving experience these government officials have is car rental from the airport to their guest suites & spa! maybe we should all shutdown nightly for two solid weeks and run only daylight hours to deliver freight.. a rolling protest!

  • Barnburner

    The sad but true fact is the big guys are all for this and are pushing out the small companies. Who the half an hour is the profit margin for the week. Believe me I am the small guy and have had to shut down due to this rule.

  • No Reform

    What a Headache..you have to pull off a busy interstate at an inconvenient time to hunt for a place to park..and possibly have an accident in the process..for No Reason..actually Increasing stress and fatigue..maybe get Robbed while you are sitting in some Unfamiliar neighborhood?

  • No Reform

    We should get a record of how many accidents happen when the trucker was looking for this Parking Place or getting BACK on his Route..after “the 30 min break”…which totally takes the driver out of a natural rythmn to begin with.
    I bet the count will go into the thousands annually.

  • Jason Haggard

    I like how some troopers are only “putting drivers out of service” but not requiring them to go to court. It still goes on your record and follows you. Don’t fall for this type of garbage, a warning, hard copy ticket, or court appearances all go against your record they just don’t tell you that.

  • No Reform

    Its gotta be fun having to pull OFF the interstate in the SNOW..to go HUNT for a POSSIBLE parking place for 30 min. Break….and at NIGHT or in the RAIN…heading for the RELAXING 30 minute “break”…and wait like a sitting duck to be hijacked??? Great Idea…there isnt always a Truckstop avail when you have to take this “break”. Lucky if you get in and out of the truckstop in one piece anyway. You go inside to get yer cheese sandwhich…and half yer Hood is laying on the ground?? 30 Min “break” could be a Nightmare.

  • Whiskey

    Complete and TOTAL fucking bullshit with the 34 hour and 30 minute break. I note my break as “SFMB” and when they ask, and they will I’ll say “Stupid Fucking Mandatory Break”. I’m NEVER gonna figure out what they were thinking this time around!!!

  • Whiskey

    How about we all take the rolling protest to the next level and actually band together for a change???

    Why not all fill our tanks on a Monday morning and head to the nearest INTERSTATE at 11am EST and ALL park on the shoulder and take our 34 hour restarts TOGETHER as one huge unified group! Stay in your trucks and don’t impede travel and by the end of that 34 hour restart the shipping lanes will be backed up all the way to China! No one to unload or load anything in the good ole USA and no fuel or gasoline at the pumps, no milk, bread or diapers and I bet this one huge unified group could get things back the way they used to be.

    Ahhh, the power of wishful thinking…too bad no one would ever have the courage to do something like this and take back the control.

    I wonder what would it would be like to be be under British Rule had our forefathers chose to sit back and do nothing???

    Food for thought, right???

  • Ken Nilsen

    it is called trip planning. Do it well, give yourself multiple options and it is easy to do.

  • Ken Nilsen

    Sort of like, what were you thinking writing your post with such professional language? You do much to enhance the image of a backwoods, ignorant, and less than ideal professional truck driver, thank you.

  • Ken Nilsen

    So, you drive 11 straight hours everyday of the week and never get from behind the wheel?

  • Double S

    All this complaining and I would bet that not one of you would or can drive for 8hrs straight anyway, without a break of some kind. So just take your little breaks and put all that time together and park way back of the truck stop and walk your fat self inside and by the time you get back to your truck you will have wasted 30 min anyway so there you go.

  • Michael Dawson

    the 30 minute break should be within the first 8 hrs not after!i stop for lunch and that is my break.

  • john@hackworthtrucking.com

    a easy fix is make trucks with no headlights and drive day light hours,I will tape my lights up and drive only at day light hours,Regulate my driving to day time only,,,7am to 3 pm then go sign up for welfare or get part unemployment ..NOT A GOOD IDEA FROM THE FMCSA.These assholes never been in a drivers shoes or truck..

  • QQTrick1QQ .

    30 minute break plus a 15 min pre trip inspection.
    Yes thank you for making drivers stop, relax, then try to get going again. Along with not enough parking before the “30” law finding parking for millions of trucks to take the break.
    I have found even creative parking is gone, zip..
    So Mr pencil pusher from behind your teak desk, since you are paid by the cash cow you call a Government job with great benefits paid by the sweat of the American worker,
    thanks from all the drivers for cutting our pay by 45 miles a day, keep gnawing the tree till it falls on you.

  • Steve

    And you sound like a good German……just sayin…..

  • qstar62

    A safety check is required after 4hrs or 200miles, whichever comes first. Now in 4 more hours we have to take a half hour off for safety. I think this borders on harassment!!!!!! Just once it would be nice to have rules made by people that know something about trucking.

  • Kris

    It plainly states that you can only drive up to 8 hours and then must show a 30 min break . You don’t have to stop at an inconvenient time , stop anytime before the 8 hour mark and go eat or take a walk , then get back in and finish your drive time.

  • will

    Let say you are coming off a 34 restart and it Monday and you worked 13.5 hours a day by Friday you have work 67.5
    so we wont be able to take another restart by the following Monday because the new law say we could only get one restart a every 7 days or every 168 hr .so doesn’t that mean we would have take 4 days off

  • Carl

    No. It is counting all hours. (7 days X 24 hours = 168) Not working hours. If you get home every weekend you can use that for your 34 hour re-start. What you can’t do is run a load…get laid over somewhere for two days and use that for another 34 hour re-start.

  • Carl

    JULY 1, 2013Limitations on minimum “34-hour restarts”None(1) Must include two periods from 1 a.m. to 5 a.m., home terminal time.
    (2) May only be used once per week, 168 hours, measured from the beginning of the previous restart.

  • DCM

    Yeap I got a construction zone warning in OH two weeks ago, state troopers comments it wont affect your CSA where did the fucking ticket show up you guessed on my CSA. All traffic tickets warning or otherwise shows up do not fall fall for it, even if the ticket gets dismissed, it it happens in a CMV it shows up……..

  • rc1234

    Just tell me what to put in the logbook and I’ll do it…just as I have for 40+ years….The government knows best…..I am only tired when they tell me and work when they tell me…I am programmed to do exactly as my gov’t thinks best…..Because all these regulations come from highly educated bureaucrats that know everything about the trucking business,and we are stupid enough to put up with it…….I am glad to be on the downhill side and not starting out in this business…..

  • DCM

    That is not the issue, the issue is that 30 minutes is a part of your 14 hour clock, if you drove under the 10/8 rule you would get it. Remember when they revamped the HOS back in 05, there claim to fame was this will never have to be revised. Just relax and take the slow screw. Ok here we go again, I can deal with the 30 minute break provision, but the two consecutive 1-5 makes absolutely no sense, it defies logic……….

  • DCM

    that would be my calculation………..

  • Debbie Patten

    Sometimes it is very hard to find a spot at the truck stop to park my truck. I do agree with the30 minute break. who couldnt use a nap??

  • MD

    …you left out interns as well…here is the best answer, when it is time for the break, pull the truck over wherever you may be and put your four ways on…you cannot be ticketed because you followed the law…

  • Carl

    After further review what it is saying is that you have to start your work week on the same day every week. You will not be able to start last week on a Monday end on Friday then start this week on Sunday because you have not gotten 168 hours from your last re-start.

  • Bigwheel

    I already took breaks I don’t need them to tell me when or when to sleep or when to take a dump.


    Canada did it right. If you take 2 hours of breaks at least one half hour long you can use a 16 hour clock. 36 hour reset, no big deal. Our hour driving is fine, they get 13. But why does the local driver down here get 1 day at a 16 hour clock? They may drive an hour or more to work, than another back home. NOWAY ARE THEY GETTING 8 HOURS OF SLEEP.

  • Cali truck

    That’s true. Was surprised to see when I checked my husband’s record that he was pulled over for a minor thing but not ticketed, Officer
    even said it wasn’t a ticketable offense, but still showed up on his CSA record!

  • Cali truck

    So, what your saying is a driver has to be home every week for his 34 restart to count? That’s not even possible for company drivers who are out there weeks at a time.

  • Cole H

    You truckers need a “Cap and Trade” system!

  • gary d

    you don’t get as fatigued like in the old days with no power steering, no a/c, no cellphones and not enough horsepower to pull a small hill we were always shifting up and down, now we are driving cadiilacs compared to the 70’s, most of us take a break to eat after we fuel each day anyway..

    we don’t go to their office and regulate everything they are doing when their job is almost done after 8 hours of work,why cant they let us manage our own work day?

  • Double S

    I will agree that the 1-5 stipulation is BS since not everyone runs the same. Or sleeps the same. Not to mention the parking nightmare that is going to create. As for it being part of the 14hr rule it shouldn’t be that big of a deal, since really you can’t run that everyday anyway.

  • Double S

    You will be ticketed for illegal parking, because lack of planing on your part is not an excuse. But if everyone leaves the truck stop at the same time after the 34hr restart that should play havoc on the system.

  • Danny Murdock

    I had an 8 1/2 hour day.Took three short pee brakes,about 15 minuets total.Then had to stop in the middle of nowhere for 1/2 hour.The 1/2 hour had no benefit to me.

  • Danny Murdock

    I am not familiar with electronic logs is it possible to add little breaks together into big ones ?

  • Jason Haggard

    Ken Nilsen the same person that preaches trip planning wants Petro to reimburse him the money for “time lost” as he trusted the staff at Petro to fix a flat tire to accommodate his delivery time at a receiver.

    Had you done proper trip planning Ken then you wouldn’t have to try and blame Petro for your problem. Don’t preach about it when you don’t do it yourself. You had a choice, you could have called a service truck from many different places.

  • Anon

    Yea, bust a cap in their asses for stupidity and trade the used casings in for gas credit for doing the nation justice…. ;-P

  • Big R Phillips

    …when ever yall wanna stop bitching and shut these trucks down for 3 or 4 days, i’m ready. Until then its business as usual and guess who’s gonna keep get’n screwed?

  • Able

    As much as the 30 min break sucks the 34 restart is even worse.. The set time to restart makes so since and waste valued time… If im out of hours at 1700 in the evening I still have to wait til 0100 after the hours of the day I started, hours up to days can be lost… Im seeing so far at the minimum of losing $600 to a $1000 a week.. There’s got to be a hidden agenda going on here, THIS IS THE SAME DC THAT SAID AMERICANS DONT LIKE TO WORK… I say we all get a tummy ache at the same time and shutdown,it’ll be official cause this crap really sickning….

  • Mel Al

    You can take your break at 4hrs if you want. You just can’t run past 8hrs without taking a break, so if you have to take one every 4hrs anyway, you might as well. As long as you’re actually off duty. So doing your check, then taking 30mins off duty to relax and chill doesnt have to be some big thing.

  • Mel Al

    No, thats NOT what its saying. Its just saying that you have to log the time off on the same time zone as your home terminal’s time. So if your home terminal is in EST, and you’re in CA for your 34restart, your 1a-5a periods have to be 1a EST – 5a EST.

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