Severity weights, out-of-service protocol for new hours rules

| July 22, 2013
Violation of the 60/70-hour rule due to a nonqualifying restart under the new hours of service will result in the driver being placed out of service.
Violation of the 60/70-hour rule due to a nonqualifying restart under the new hours of service will result in the driver being placed out of service.

As drivers adjust to the operational differences surrounding the hours rule, the Commercial Vehicle Safety Alliance and industry watchers have been sharing intelligence on how various enforcement systems — from the police at roadside to the federal Compliance, Safety, Accountability system — will treat violations of the new rules.

Drivers who’ve violated the new requirement to have at least 30 minutes off-duty before driving eight consecutive hours — otherwise known as the mandatory 30-minute break — will incur with the violation a severity weight of 7 in the CSA system, reports Vigillo’s Drew Anderson at the company blog, citing a Department of Transportation source. Furthermore, the source noted, the new weighting/violation will be placed in the CSA Safety Measurement System with the early-August snapshot.

Such a violation will not be an out-of-service violation, however, according to a CVSA memo sent out to member law-enforcement and other organizations June 27 and referenced at the Arizona Trucking Association’s website. The Maine Motor Truck Association references the same memo in this analysis and goes further into detail on how police/inspectors will treat the break. Upshot: It’s likely to vary considerably by state:

While it might not technically be an out-of-service violation, a driver who is out of compliance with this provision in Maine will not be allowed to drive until they have taken the requisite off-duty break. To make things even more convoluted, it appears each state can make their own determination as to whether they will allow a driver to continue, or make them wait until they have taken at least 30 minutes off. Either way, this scenario will not result in an official out-of-service order affecting the carrier’s safety records.

If it’s registering in your or your carrier’s CSA SMS profile with extra points for an out-of-service violation, pursue removal of the OOS points via the DataQs system.

However, Maine noted in its memo, “due to the potentially inconsistent message that results from this memo, it is likely that CVSA’s position on rest break violations may change as the organization is due to revisit the issue at its upcoming Annual Conference in September.”

Violations of the 60/70-hour rule due to a nonqualifying restart, however, will be treated as out-of-service violations, the same CVSA memo noted, both Maine and Arizona associations concurring.

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  • norcal dispatch

    Is the 30 minute rest break to be logged as “off duty” on the log book?

  • Cherokee

    Yep log the 30 minute brake as off duty..

  • Bill

    Yep, drove my regular route day in and day out. Several days it took longer to do because of traffic. Good thing because it took care of my break time for me. Log shows I right on time everyday. : )

  • MD

    Your best bet is once your 14 hours begins, wait until you are between the 6th and 8th hour to do your break. This gives you two hours to find a place too stop. If you do it anytime before the 6th hour and do the entire 14 hours, you will have to take two 30 minute breaks. If you sit at a shipper or consignee for 6 hours, take your 30 minute break. Yes, it is off duty. Don’t cheat yourself. Hope this helps.

  • Jimmy the Greek

    yes

  • Cory Davidson

    I was told that in order to log “off-duty”, you had to be at least 6 feet away from the truck the entire period, and had a letter from the owner/company that you were in no way responsible for anything that happens to it during that time. As the owner, of course that’s impossible for me even if I’m on vacation in Hawaii. Total silliness. But whatever happens on paper… is just that.

  • MarsRiver

    This is so sad. Penalizing our time by not allowing for a clock stop during a break and now forcing the break on us without extending the clock to allow for it. Telling us we have a 34 hr restart that we can manage. We do that to our best utilization and again we are penalized. You can only have one cookie Lil’ Johnny! Split sleeper that worked so we could rest and work to a useless split that can only be utilized with a great loss of productive time. Pay the most highway use taxes but since they aren’t using the money for that no left lane for you buddy. Sit in that middle lane where the regulated to 60 mph trucks are and like it. This rant could go on but until we decide to be heard by the silence of the engines it won’t change. What a sham, I mean shame.

  • USMC 69-75

    Whining doesn’t get anything done! I use the left lane when I need to, I have always joined in, in any shut down we ever had, or convoy……not today, all newbies do is whine.

  • Gambler

    Right on. Been out here over 40 years and this is the biggest bunch of BS so far, but I am sure it will only get worse with a bunch of idiots making the rules.

  • martymarsh

    This is nothing more than a bunch of money grubbing slugs.
    Being that you can not regulate rest, that would make them a pack of liars.
    Enforced by a bunch of union thugs that have to justify their job.

  • Todd Dills

    Cory, they changed some of that, actually, with new guidance on off-duty time. Didn’t exactly solve what’s definitely a gray area in these regs, but check out a post I’m working on now I should have up later today via my Channel 19 blog: http://overdriveonline.com/channel19

  • Rebecca

    Third paragraph, first sentence…..says at least a 30 minutes off-duty before driving eight consecutive hours. It is my understanding of the new rule that it is no more than 8 hours “on-duty”, combined “off-duty not driving” and “driving”.

  • Dave Nichols

    yes

  • Dave Nichols

    break

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  • Troubleman

    Along with the OOS and the possibility of not being aloud to run an old truck I will be out of business by 2017

  • roger

    this new rule is not going to solve any problem i talk to different state troopers& highway patrol officers on the hwy they have no ans they r saying all these big companys were pushing this law so it happens now big company r lobbing in washington they cannot get enough drivers so they want owner operator out of bussiness officers like to have op on the road

  • Taures

    Try railroad thugs not teamster thugs.. Railrds are funding many of these safety groups giving us these rules that cost us without providing a benefit in return.

  • martymarsh

    LMAO, 6 in one half a dozen in the other.

  • norcal dispatcher

    Well that’s as clear as mud. I think i like the logging in as off duty for 30 minutes after 8 hours of on-duty time better.

  • Lloyd

    Unions didn’t do this. Blame the penile pushers out of collage who make it look good on paper.

  • martymarsh

    Trust me, after being in the teamsters for 16 years I can tell you, they have a hand in it. The members don’t know half of what the top brass does, and the funny part is they don’t care as long as they make the big bucks, plus when they don’t know anything it is easier to deny.

  • Dave Nichols

    rule says “resting” in a parked cmv is ok

  • Dave Nichols

    yes