FMCSA Hours of Service Compared to Other Countries

In the past three and a half years, the US trucking industry has seen the most expensive regulatory action in decades, imposing $ 46 billion in annual costs. The current discussion about the EOBR obligation on all trucks would add another $ 2 billion to the figure.

There are about 500,000 trucking companies in the United States, up from 1.2 million in 2003. Of these 500,000, about 80% operate 20 trucks or fewer.

These smaller companies, the true backbone of an industrialized nation, along with independent operators and owners, are literally in a fight for survival against excessive regulation. Regulations that always seem to be labeled with the term “safety.”

The most vital regulation for the professional truck driver is the hours of service (HOS) rule. These rules determine how long a driver can drive and work, which is why they have the greatest impact on their earning potential.

The most recent change to the HOS rule that will go into effect on July 1, 2013 will limit a driver’s workweek to 70 hours, will not allow the driver to operate the CMV after working eight hours until there has been a break of rest of at least 30 minutes. and drivers who maximize their 70-hour workweek must take at least two rest periods between 1:00 am and 5:00 am, home terminal time. This will remove the current use of the 34 hour reset provision where the driver will be able to use the provision only once during a seven day period.

This addition of more downtime for drivers, coupled with the drive to get as many miles and work payable as possible within 14 hours, will ultimately lead to less safety. The 2 pm rule, in my opinion, is the worst and most unsafe regulation that has ever affected the professional truck driver. Many motor carriers continue to push their drivers to the maximum of 14 hours with the maximum possible workload. Bottom line … the looming new HOS rules, while ignoring the fact of how companies pressure their drivers, is a recipe for disaster.

Most countries have hours of service rules imposed on truck drivers, specifically industrialized countries like the United States, Canada, Australia, and countries in the European Union. So how does the FMCSA hours of service rule for truckers compare to the HOS rule for other countries?

Australia

• Drivers must rest for 30 minutes every 5 hours and stop for 10 hours of sleep for every 14 hours of work (includes driving and non-driving tasks).
• After 72 hours of work (not including rest or sleep time), the driver must remain 24 hours away from the CMV.

Canada

There are two sets of hours of service rules, one for the 60th parallel north and one for the downstream.

• Drivers below 60 degrees latitude are limited to 14 hours of service in any 24-hour period.
• 14 hours includes a maximum of 13 hours of driving. Rest periods are 8 consecutive hours in a 24-hour period, as well as an additional 2-hour rest period that should not be taken in blocks of less than 30 minutes.
• Drivers operate on a “cycle” concept.
• Cycle 1 is 70 hours in a 7-day period and Cycle 2 is 120 hours in a 14-day period.
• A driver using Cycle 1 must take 36 hours to the end of the cycle before being allowed to restart the cycle again.
• Cycle 2 is out of service for 72 hours before it is allowed to start again.

Above the 60th parallel north

• Because this area is so remote, north of the 60th parallel, Canadian hours of service rules are basically non-existent.

European Union

• Non-stop driving time cannot exceed 4.5 hours.
• After 4.5 hours of driving, the driver must take a rest period of at least 45 minutes.
• The time can be divided into 2 breaks, the first of at least 15 minutes and the second of at least 30 minutes.
• Daily driving time will not exceed 9 hours.
• Daily driving time can be extended to a maximum of 10 hours, but not more than twice during the week.
• Weekly driving time cannot exceed 56 hours.
• The driver cannot exceed 90 hours of driving in a two-week period.
• Within each 24-hour period after the end of the previous daily rest period or weekly rest period, the driver must take a new daily rest period.

Mexico

When the United States rules are established through the government body FMCSA, the rules for truck drivers in Mexico are established by constitutional mandate, which means that they are governed by the labor laws of the country.

• A maximum work week of 48 hours without working overtime. (Average work week 40 to 45 hours).
• You are entitled to one day of rest with full pay, for every 6 days of work.
• 3 work shifts – Day shift (8 hours), night shift (7 hours) and mixed shift (7 and a half hours).
• Hours worked during these periods are considered overtime and pay is doubled, but cannot exceed 9 hours per week.

The United States

• 11 hour driving limit
• You can drive a maximum of 11 hours after 10 consecutive hours off duty.
• 14 hour limit
• You may not drive beyond the 14th consecutive hour after entering service, after 10 consecutive hours out of service. Downtime does not extend to the 14 hour period.
• 60/70 hour service limit
• You cannot drive after 60/70 hours of service in 7/8 consecutive days. A driver can restart a period of 7/8 consecutive days after taking 34 or more consecutive hours off duty.
• Provision of sleeping berth
• Drivers using the berth provision for berths must spend at least 8 consecutive hours in the berth, plus 2 separate consecutive hours, either in the berth, off duty, or any combination of the two.

HOS rule changes, July 1, 2013:

• 34 hour resets – Must include two periods between 1 a.m. M. And 5 a. M., Home terminal time, and can only be used once a week.
• Rest: You can drive only if 8 hours or less have passed since the end of the last driver’s off-duty period of at least 30 minutes.
• Service time: does not include rest time in a parked vehicle. In a CMV with moving property, it does not include up to 2 hours in the passenger seat immediately before or after 8 consecutive hours in the berth.
• Penalties: Driving (or allowing a driver to drive) 3 or more hours beyond the driving time limit can be considered an egregious offense and is subject to the maximum civil penalties.

As the US trucking industry continues to be bombarded with “safety regulations,” the real solution to the problem is not more regulation, but control of the real problem. As truck driver fatigue is touted as one of the leading causes of truck accidents, along with other variables such as sleep apnea, the actual causes of driver fatigue are ignored.

Delayed drivers at shipping and receiving docks, dispatchers pushing drivers beyond legal service hours, lack of safe parking and rest areas, laws against idling, and failure to provide an APU system for the driver , lack of time at home and keeping drivers out for months at a time; just a few of the many real causes of driver fatigue and safety factors.

The problem with truck driver fatigue and safety concerns will only be resolved when the FMCSA takes a hard look at the practices of shippers and receivers and motor carriers that continue to push the professional CMV driver beyond human capabilities.