Public Policy

Final "Hours of Service" Regs Released

On April 28, the Federal Motor Carrier Safety Administration released its final rule on the "Hours of Service" that truck drivers may be allowed to be "on duty" and to drive each day. The rule is in effect now but will not be enforced until January 4, 2004. Here are the key provisions:

  • No truck driver may drive following 14 consecutive on-duty hours (the previous rule stipulated 15 on-duty hours). The driver must be off-duty for 10 consecutive hours (previously 8) before reporting for duty.

  • A driver may drive up to 11 hours (previously 10 hours) during any 14-hour on-duty period.

  • As in the prior rule, a trucker may not drive after being on duty for 60 hours in a seven-consecutive-day period, or 70 hours in an eight-consecutive-day period.

  • Any off-duty period totaling 34 consecutive hours or more can "restart" a driver's seven- or eight-day week.

  • Short-haul truck drivers -- those who routinely return home after each on-duty period -- may have a single increased on-duty period of 16 hours during any seven-consecutive-day period. (The 11-hour driving limit still applies in this exception.)

  • The new HOS rule retains all 14 existing exemptions, including the provision allowing individual states to exempt drivers transporting agricultural commodities from HOS requirements if such transportation is within a hundred-mile radius of the source of the commodities and it is during planting or harvesting seasons.

  • Rules for the "driver's daily log" remain unchanged. Those drivers operating within a hundred-mile (air) radius of the driver's normal work locations; who return to that location; and who are released from duty within 12 hours will keep time cards as allowed under the prior rule.

In summary, we think the new rule seems to be based on sound science and common sense and should permit the safe and efficient transportation of raw wood products from the forest to the mill. To review the entire, 62-page rule, as printed in the April 28, 2003 Federal Register, please click here (Adobe® Acrobat® Reader, available at no charge from Adobe, is required).

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