1. Current Rules and Future Challenges
HOS & ELDs
Current Rules and Future Challenges

2. Today’s Topics Current hours-of-service regulations
Limits
Logs
Exceptions
Electronic Logging Devices
What they are, what they aren’t
Regulatory activity
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3. Commercial Motor Vehicles
HOS rules apply to interstate “commercial motor vehicles” as defined in §390.5:
Vehicles weighing/rated at 10,001 lbs. or more
Vehicles hauling placardable hazmat
Passenger-carrying vehicles designed or used to transport more than 8 or 15 people (depending on compensation)
Anyone who drives a CMV is subject!
Copyright © 2013 J. J. Keller & Associates, Inc.® All rights reserved.

4. State Hours of Service Interstate vs. intrastate commerce
Most states follow the federal rules
Some states have additional exceptions
In FleetMentor, refer to:
Topic Index: Topics by State/Province
14/15-day rule
Copyright © 2013 J. J. Keller & Associates, Inc.® All rights reserved.

5. HOS: Property-Carrying CMVs
10 consecutive hours off duty
Now a citable violation
Can be combination of off duty/sleeper berth
11 hours driving
Only includes CMV driving
No max per 24-hour day
No driving after 14 consecutive hours
Cannot be extended with breaks
8-hour sleeper periods are excluded

6. HOS: Property-Carrying CMVs
May not drive a CMV if 8 consecutive hours have passed since the end of your last break of at least 30 minutes
Cannot be spent “on duty” (with limited exceptions)
Counts against 14-hour limit
May work after 8 hours with no break, just no CMV driving
Can be taken at any time, but taking too early could mean needing two breaks
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7. HOS: Property-Carrying CMVs
Mandatory breaks NOT required for drivers who qualify for 100- or 150-air-mile exception from logging
Regulations were updated on Oct. 28th
But watch for break violations!
Drivers “attending” to Div. 1.1, 1.2, or 1.3 explosives can log break as on duty
Also available to certain DOE/DOD contract drivers
Other hazmat drivers must log “off duty”
Break violation is not an OOS violation
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8. Sample Scenario
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9. Poll Question
What is your biggest “pain point” with the 30-minute break requirement
Getting drivers to take breaks
Training drivers how to comply
Auditing for the break
Lost productivity
Copyright © 2013 J. J. Keller & Associates, Inc.® All rights reserved.

10. HOS: 60/70-Hour Limit 60 hour/7 day or 70 hour/8 day
No driving for the rest of the day after reaching the limit, but non-driving work is allowed
70/8 only for 7-day operations
Based on a “running total” over 7/8 consecutive days
Applies to drivers of passenger-carrying vehicles as well
Includes ALL on-duty time

11. HOS: On-Duty Time All time performing work for a motor carrier
All time performing compensated work for non-motor carriers
Weekend/evening hours must be reported
To be off duty, driver must be:
Relieved of all duties and responsibility
Free to pursue activities of his/her own choosing
“Personal conveyance” may be off duty; fueling is not
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12. HOS: On-Duty Time
Resting in a parked vehicle of any type, for any length of time, is “off duty”
Unless driver is required to perform a task, such as attending to hazmat
Up to 2 hours riding in a moving property-carrying CMV immediately before or after at least 8 consecutive hours in the sleeper berth is “off duty”

13. 34-Hour Restart Option
Can reset weekly limit with “qualifying” 34-hour break
Must include two back-to-back rest periods from 1:00 a.m. to 5:00 a.m.
To minimize the break’s length, start it between 7:00 p.m. and 1:00 a.m.
7 p.m. – 5 a.m. = 34 hours
1 a.m. – 11 a.m. = 34 hours

14. Can begin next Friday at 7 p.m. or later
34-Hour Restart Option
Must not begin until 168 hours (7 days) since beginning of last restart
If multiple 34-hour breaks within 168 hours, driver must indicate which is being used as a restart, if any, by entering a Remark
Restart:
Friday 7 p.m. to Sunday 5 a.m.
Next Restart:
Can begin next Friday at 7 p.m. or later
168 hours
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15. 24-Hour Restarts Oilfield operations (using 70/8 rule)
Groundwater well-drilling rig drivers
Construction materials and equipment within 50 air-mile radius
Not affected by changes to 34-hour restart
Any 24 hours off will reset the limits
Copyright © 2013 J. J. Keller & Associates, Inc.® All rights reserved.

16. Alternatives to ‘Restarting’
Some drivers never need a restart
Example: 9 hours x 7 days = 63 hours
Keep a “recap” or “running total”
As new day is reached, old hours drop off.
60-Hour Rule:
60 hours
Time from prior 6 days
= Hours available today
70-Hour Rule:
70 hours
Time from prior 7 days
= Hours available today
Copyright © 2013 J. J. Keller & Associates, Inc.® All rights reserved.

17. Do your drivers still have confusion about using the restart option?
Poll Question
Do your drivers still have confusion about using the restart option?
Yes, a lot
Yes, a little
No, they “get it”
Not applicable
Copyright © 2013 J. J. Keller & Associates, Inc.® All rights reserved.

18. HOS: Passenger-Carrying CMVs
8 consecutive hours off duty
Can include time spent waiting on the bus if relieved of duty
Can “split” time if vehicle has a sleeper berth
10 hours driving time
Includes only CMV driving time
Not limited to 10 hours per “day”

19. HOS: Passenger-Carrying CMVs
No more driving after 15 hours “on duty”
NOT consecutive time
Day can be extended with off-duty time
Same 60 hour/7 day or 70 hour/8 day
No restart option
In FleetMentor’s Topic Index, search “Hours of Service: Passenger – Carrying Vehicles” for more information.
Copyright © 2013 J. J. Keller & Associates, Inc.® All rights reserved.

20. Record of Duty Status

21. Record of Duty Status
Driver must have logs for today and past 7 days in his/her possession
Driver must submit original within 13 days
Carrier must keep logs and supporting documents for 6 months
Drivers can use one log sheet and send electronically to carrier for digital storage

22. Record of Duty Status
Supporting documents place a driver in a specific place at a specific time to verify record of duty status accuracy
Examples include toll receipts, fuel receipts, dispatch records, scale tickets
GPS tracking records are also considered supporting documents (even if you don’t use them)

23. Log Auditing Best Practices
Multi-pass log auditing:
Form & manner / missing information
8- or 10-hour breaks or “split sleeper” breaks
11-, 14-, and 8 or 10- & 15-hour violations
60/70-hour violations & 34-hour restart
Falsification or inaccuracies, using supporting documents for selected drivers
Standardized selection criteria
Take action when problems are found: counsel, correct, discipline
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24. HOS Exceptions Adverse conditions Driver-salesperson
Oilfield operations
Short-haul operations
100 air-mile radius
150 air-mile radius
16-hour exception
Movie production
Railroad signalers
Sleeper berths
Alaska / Hawaii
Travel time
Utilities
Construction
Water well drilling
Ag operations
Explosives

25. Adverse Conditions
May extend driving time by up to 2 hours to reach safe place
Snow, sleet, fog, etc.; highway covered with snow or ice; or “unusual” road and traffic conditions
Dispatcher must not have known about it
Cannot exceed 14/15-hour limit
Cannot violate 30-minute rest-break rule
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26. Oilfield Operations 24-hour restart Waiting time
Resets 70-hour/8-day limit
CMVs must be used exclusively in the transportation of oilfield equipment and/or servicing field operations of the industry
Waiting time
“Specially constructed” vehicles moved by “specially trained” operators
Excluded from 14-hour limit
Logged “off duty” (w/ remarks) or on 5th line
See Guidance for §395.1 (Questions 6 & 8)
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27. 100-Air-Mile Exception
100 air-mile radius around normal work reporting location
Must return to that location and go off duty within 12 consecutive hours
10/11 hours driving, 60/70 hour & 8/10 hours off all still apply
No 30-minute break required
Time records instead of logs
Copyright © 2013 J. J. Keller & Associates, Inc.® All rights reserved.

28. 150-Air-Mile Exception Non-CDL truck drivers only
150 air-mile radius around normal work reporting location
Must return to that location but can keep working at end of day
11 hours driving & 10 hours off
14-hour limit, or 16 hours twice per 7 days
No 30-minute break required
Time records instead of logs
Copyright © 2013 J. J. Keller & Associates, Inc.® All rights reserved.

29. 100/150-Air-Mile Time Record
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30. Sleeper-Berth Exceptions
Can split 10-hour breaks into 2 separate periods of rest, with work in between
8 hours in sleeper berth
2 hours off duty or sleeper berth
Does NOT reset 11- and 14-hour clocks!
Search “Sleeper Berths” in FleetMentor and get ez Explanations, Regulations, Proposed Rules, and more!
Copyright © 2013 J. J. Keller & Associates, Inc.® All rights reserved.

31. Penalties for Violations
Shared responsibility
Driver fines & OOS
Maximum civil penalties:
$11,000 for carriers
$2,750 for drivers
“Egregious” violations
Potential harm to safety rating
Impact on CSA scores
Accidents, litigation, etc.
Copyright © 2013 J. J. Keller & Associates, Inc.® All rights reserved.

32. CSA & Hours of Service HOS Compliance BASIC
40 violations are tracked, including:
Operating a CMV while ill/fatigued
Failing to complete or retain logs
Violating hours-of-service limits
More carriers are on “Alert” in the HOS BASIC than in any other BASIC!

33. Poll Question
Have you ever been on “Alert” in the HOS Compliance BASIC under CSA?
Yes, but no longer
Yes, currently
No, never
Not sure
Copyright © 2013 J. J. Keller & Associates, Inc.® All rights reserved.

34. Common Violations Section Description Violations Severity 395.8
Form/manner violation
231,325 1
395.8(f)(1)
Log not current
189,575 5
395.3(a)(2)
Driving after 14-hour limit
88,525 7
395.3(a)(1)
Driving after 11-hour limit
48,896
395.8(e)
False log
47,312
395.8(a)
No log
39,141
395.8(k)(2)
Failing to retain logs
35,764
395.3(b)
60/70-hour violation
6,952

35. Next Steps for HOS
Results of MAP-21-required field study on changes to 34-hour restart
Possible exemptions:
Livestock
Ready-mixed concrete
Possible action from Congress?
Possible new rules for passenger vehicles?
New FMCSA guidance/clarification?
Rules for electronic signatures
ELD rules

36. AOBRDs, EOBRs, ELDs … oh my!
Capable of automatically and accurately recording drivers’ HOS
Synchronized with the CMV
AOBRDs – §395.15
To be phased out
Software/technology will need updates as rules change
“EOBRs” are no more
Next-gen device = “ELD”

37. AOBRD Components Generally three components:
On-board recorder (“black box”) capturing real-time data
Data display in vehicle, allows interaction with driver and enforcement
Back-office system
Produces a record of duty status based on combination of:
Driver entries, and
Engine data (automatically captures “driving”)

38. Other Electronic Logs
Many devices today are NOT automatic on-board recorders because they’re not tethered to the engine
Stand-alone laptops, smartphones, tablets
Regulated under paper log rule (§395.8)
Driver may need to produce paper logs

39. ELD Regulatory Activity
FMCSA rulemaking:
EOBR standards adopted in 2010 but withdrawn after court decision
EOBR proposal issued February 1, (prior to court decision)
“Supplemental” ELD proposal to be issued soon

40. February 2011 Proposal
All interstate drivers that complete logs would have to switch to automatic electronic logs
ONLY exception is for short-haul drivers:
100 air-mile radius
150 air-mile radius
Short-haul drivers must:
Log on paper if not meeting the exemption criteria ≤ 2 days in any 7-day period
Use e-logs if not meeting the exemption criteria >2 days in any 7-day period

41. February 2011 Proposal
Carriers must develop HOS management system capable of detecting and preventing violations
Must include use of supporting documents

42. MAP-21 and ELDs Highway Bill (MAP-21) ELD mandate:
Law took effect Oct. 1, 2012
Requires FMCSA to issue ELD rule
Requires ELDs for all interstate CMV drivers who are subject to logging rules in Part 395, beginning 2 years after final rule
Deadline of October 2013 not met
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43. ELD Next Steps
FMCSA will issue supplement to 2011 proposal (slated for this year) and take public comments for 60 days
Then will develop and publish final rule, perhaps in late 2014
Implementation period (delayed compliance) for two years, possibly late 2016

44. FleetMentor® Resources surrounding today’s topic: HOS and ELDs
Topic Index:
Best Practices Quick Study:
Driver Paperwork
Conduct Your Own Risk Assessment
Electronic On-Board Recorders (EOBRs)
Recordkeeping Requirements of the Federal Motor Carrier Safety Requirements
Hours of Service
10-Hour driving rule
Drivers record of duty status
Recordkeeping
Toolbox:
Roadside Inspections
Roadside Inspections Tracking
FMCSA
FMCSR Scorecard
Out-of-Service Criteria
Motor Carrier Safety Audit
Policy & Procedure Handbook
Training Center:
Accident Register
Entry level driver
Vehicle & Equipment recordkeeping
Hours of service training – Supervisors
Regulations:
Hours of service: Passenger – Carrying Vehicles
§390.3(f)
Hours of service: Property – Carrying Vehicles
§395.1
§395.15
Copyright © 2013 J. J. Keller & Associates, Inc.® All rights reserved.

45. Thank You for Participating! The Medical Card/CDL Merger:
Join us for FleetMentor’s Next Webcast:
The Medical Card/CDL Merger:
Are you ready?
Thursday, December 12th, 2013 at 1:00 PM Central Time

46. Due to the constantly changing nature of government regulations, it is impossible to guarantee the total and absolute accuracy of the material contained herein or presented. J. J. Keller & Associates, Inc., cannot and does not assume any responsibility for omissions, errors, misprinting or ambiguity contained. J. J. Keller, shall not be held liable in any degree for any loss, damage or injury caused by any such omission, error, misprinting or ambiguity present. It is made available with the understanding that J. J. Keller is not engaged in rendering legal, accounting or other professional service. If legal advice or other expert service is required, the services of such a professional should be sought.