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.

  • sasha r

    wheres the troopers mandatory break

  • TruckerWife

    Just another 30 minutes that my husband is away from his family…his kids…his own relaxing bed. Thanks to the government for taking him away even more. They couldn’t handle this for one week…or their families. Leave our truckers alone. They know the risks and should be rewarded for taking them. Let them get where they’re going and get back home.

  • martymarsh

    There is nothing confusing about it, it is more dollar generators, so more government people can justify their jobs.
    If you think about if they where to leave the industry police it’s self like every other industry, how many of these over paid meter maids would lose their job nation wide, which should tell you that it is only going to get worse.
    When they speak of safety, they are lying thru their teeth.
    61 years and I have never called a cop for anything, 39 years driving truck and I have talked to a bunch of them while they where writing me speeding tickets, and most of them where when the speed limit was 55 mph. It always struck me funny how they would understand that it’s not easy driving 55 across a state like Wyoming at 3 in the morning, while still writing .

  • martymarsh

    Ken, it must be nice to have all of that free time on your hands, some of us actually work for a living. All of your stupid comments make you sound more like a DOT officer, or even better a dispatcher. If you are a truck driver I would like to visit your perfect world. Any time someone makes a comment you jump right on them, so what is your game?

  • martymarsh

    Being a Christian that language bothers me also, but I also realize that people get mad for good reason. I also think, when you think you are perfect, you would probably better off swearing.

  • Popanator

    I am already hearing about the increase in fatigue. Forcing a break when the driver is not tired simply extends the workday. That’s a half hour every day I could have been home actually sleeping in my own bed!

    The requirement for two consecutive 1 a.m. to 5 a.m. periods really puts a maximal hurt on night shift drivers. I used to work 6 nights a week. On my day (night) off I would just stay up as to not discombobulate my circadian rhythms. Two forced days off I try to get my body on a sleeping night schedule. The first night back to work is awful. Too bad Ms. Ferro had to claim there was evidence for this stupidrule when there was not.

    Looks to me like the regulations were created over breakfast by people with no idea of what they were doing.ve a message…

  • John Ryan

    You couldn’t get 2 chicken shiiit drivers to protest for 5 min.

  • John Ryan

    Yeah just wait till Barney shows up with his 1 bullet

  • John Ryan

    banding together happened once and your UNCLE SAM has put the stop on that type of thing happening ever again. This crap has been yapped about for 20 years but you couldn’t get 2 truckers to do the do

  • John Ryan

    NO not could be but will be. I for 1 will simply cheat!!
    I have always driven with my safety being the first issue. When I get tired I pull over yes sometimes 30 mins. after i’ve started if I feel I need to. And I will continue to do so on my terms. know one can dictate when I am fatigued but me.

  • John Ryan

    plain and simply your full of shhhit

  • No Reform

    Totally BOLD Dude! I agree.

  • No Reform

    Ken is one of the OWNERS of this Magazine..he drives part time..his name appears as Owner of this rag.

  • Amish Trucker

    You can be penalized by law enforcement for what’s on your PSP report. You can be denied employment for what’s on your PSP report. You can fight what is on your report in DataQ but it is your word against the trooper and guess who wins every time? So you are being denied Due Process. This is an infringement of your Constitutional Rights and nobody, not even OOIDA will help you. Here is what you do… Challenge EVERYTHING put on your PSP report. When the states can no longer afford to respond to all these claims, they will push their enforcement people to lighten up on the nonsense.

  • martymarsh

    That would certainly explain a lot, after all, drivers don’t pay for advertisements.

  • No Reform

    Now I dont see his name up there…Randall Reilly Publications
    is apparently the owner..could have sworn I saw Ken’s name
    in there….

  • martymarsh

    It doesn’t matter, it’s obvious there is more going on with him that he is not telling.

  • No Reform

    Yep there are guys on here that are dispatchers etc…Posing as Truckers. To promote the Agenda of various interests. They promote a Yes Man mentality…Obediance, Enslavement.

  • martymarsh

    Yeah they are all over trucker sites, it takes about 3 minutes to pick them out.

  • martymarsh

    That is far from the point big boy, so go back to your dispatching and don’t worry about it. Does your boss pay you more for being a brown noser.
    Long Island to Chicago non stop, figure it out. Guess what, I didn’t even kill one person.

  • No Reform

    Yep. 10-4.

  • Dean C Kenyon

    Is it my imagination or are their more trucks parking on the off ramp illegally now then there was before the new 30 & 1-5 rules. Could it be because there no room in the rest areas or truck stops.

  • Joe

    A trucker strike will never happen because instead of looking out for the future , truckers are too worried about paying next weeks bills !! No forward thinking at all.

  • David Hartwig

    Where should I take my break with my loaded fuel truck. The rule says that I must be relieved of all responsibility during the thirty minute period. OK lets say its empty, where should I go to be relieved of the responsibility? This is a terrorists dream. My fuel truck is a bomb. If I follow the HAZMAT rules, I cannot have the unit leave my sight. This rule is not well thought out. It just means I finish my work later than I usally would and am more tired at the end of the day. I drive a day cab and go home every night.

  • its the law! its the law!

    I absolutely agree, no computer, no book, nobody is going to tell me if im tired or not… and dont use all your hours in five days… cause you’ll be sitting for 4.. its ridiculous what are you going to do for 34.. let alone 96 you see all these seatbelt signs and speed signs saying “Wear your seatbelt, ITS THE LAW” Who the fuck cares about laws anymore? obviously not 4 wheelers. as they rip by you in a construction zone while texting and having a beer. Only do they care when it benefits them.. like keeping the eyesore noisy trucks from parking in their local walmart.

  • steve4447

    My Trucker Rant!!

    It’s sad that Drivers just never seem to be concerned about getting
    paid for the work that they do and the hours that they put in….

    Drivers are honest hardworking folks who just can’t seem to be able
    to help themselves when it comes to giving away their time and work
    for free….Nobody else in America expects to WORK FOR
    FREE….Everybody else expects to get get paid…

    If Drivers would dust insist on getting paid for their time and ALL
    OF THE WORK THAT THEY DO…The Hours of Service Problem Would Just
    Go Away….

    Every Time You Work and don’t Get Paid for It….Somebody Else Is
    Getting Paid For Your Work Without Doing The Work…..It IS A ZERO
    SUM GAME!…Think about it The price of fuel has gone up from 15 or
    17 cents a gallon to 3 and 4 Dollars a gallon…Somebody had to
    absorb the increases….The price of trucks and their registration
    and insurance has gone up and somebody had to absorb it…Why should
    Drivers be the ones that don’t get paid just someone else can make
    more money?…

    Just as long as you will work for less than me or even free…Why
    should anyone pay me any more???…That’s just not good
    business….Drivers should have long ago stopped giving it
    away…..People tend to value thing based on what they pay for
    them….Under the current system the only way to waste a driver’s
    time is not to use it….It’s FREE..And So is Using his truck as
    free warehouse space that you can charge your customers for…And so
    on….You know far better than I do what you are giving away every
    day…..STOP GIVING IT AWAY….Stop loading and unloading for
    free….Stop waiting for free…Stop checking and maintaining your
    truck for free…For God’s Sake…Any Job Worth Doing Is Worth
    Getting Paid for!..

    Unless and until Drivers stop giving it away the companies the
    shippers and receivers will never stop taking it…Why In The Hell
    Should They….Most of the Drivers that figured it out either became
    Brokers or Dispatchers or Trucking Company Owners or just left the

    If you just do the math…Add up the hours….Most of you are lucky
    to be getting minim wage…The job is worth more than picking up
    trash and butts in the parking lot of a fast food joint…Stop
    whining about not being allowed to work 20 hours a day 7 days a week
    ….And Start Demanding To Be PAID For You Work…

  • DaveT

    It says be “on-duty” 8 hours. You are on duty when the truck is being loaded and unloaded. There are lots of other times you are on-duty, but not driving.

  • KingEx

    Personally if I knew that the support was there for the 34 hour shoulder restart I would be all in.

  • DH


  • Donald Hindle

    Challenge I have is finding a place to park a set of doubles for my 30 minute break at two in the morning. Not a ton of places to put a 70′ long vehicle that can’t back up especially if the weather is bad.

  • Tony

    The government is all about putting their hands into our wallets. If they ever think we make a little too much money they will change more rules, we just have to deal with it. Run loose leaf log books and the problem goes away. Run how you want to.

  • Jo Fridy

    Gambler- I agree- I say 30 to 120 min. If you’re tired, you’ll need those 2hrs, especially at night. But you also can’t plan for when to get tired. Breaks only between 1 & 5 a.m. still doesn’t find you an MT space except between your eyes.

  • Bob Smith

    OK you may get a ticket but then again you have to restart your break it does say UNINTEREPTED 30-MIN BREAK and if Barney is righting you a ticket you were interepted

  • dawg

    I have read a few of your posts. you do come off as holier-than-thou. some of the best truckers in the nation are from small towns and the back woods. I live in the nation’s largest city, Oklahoma City. these ignorant rednecks as you so openly refer to them are the best in the industry as far as many out here are concerned. I drive a truck, too. I have a masters in aviation management. Lol i fly planes too. in short, please limit your name calling and assumptions to a bare minimum. Safe face while you still have one. BTW I’m a retired Marine as well.. age? 55

  • Bill

    Does the global warming crowd realize that the 30 minute off time will add to air polution? We have to keep cool in the summer and warm in the winter. This hogwash will just add to idle time. These regulators are idiots.

  • Double S

    Hmmm real driver huh??? 13hrs, 840 miles none stop, wow baby you got me excited. Then I remembered the good ol days when we used to run from Greensboro,NC to Anaheim,CA in about 48hrs turn around and do it again twice a week sometimes 3 times. Yeah 7-10000 miles a week without a problem now you figure that one out. Also not a dispatcher nor, do I have need for you chrome knee pads. Only been doing this since 85. Oh yeah I guess I missed your point all together.

  • martymarsh

    LMAO,wow since 85 hey, I’ve only 11 years on you but that really doesn’t have anything to do with anything, more so because you are a dispatcher now.
    The point was, you don’t jump on people you don’t know, you have no idea what they are doing, instead of fighting the corrupt system you chose the pick on the people you are suppose to be with. But then what would the boss mans brown noser do?

  • Max McDonald

    I saw this crap coming and made the choice not to play. I left USX (Bottomfeeder Inc.) and went to P&D. Home nights and weekends and more money. OTR is being squeezed to death and I didn’t want to go to the funeral.

  • cali dispatch

    Hey, I am one of those dispatchers…for my husband’s truck!

  • martymarsh

    I don’t think you would qualify as one of the people we were talking about.


    YOU ARE RIGHT ON !!!!!!








    LETS ROLL !!!



  • martymarsh

    Why is that?




    ITS TIME….



OverdriveOnline.com strives to maintain an open forum for reader opinions. Click here to read our comment policy.