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U.S. FMCSA HOS Rules Update
What are the Hours of Service (HOS) rules?
Potential HOS Changes and Impact
Four Areas being Considered for Revision
Transport Canada HOS Rules Update
How GeTS Can Help
U.S. regulators are set to publish this June the proposed changes to the Federal Motor Carrier Safety Administration hours of service (HOS) rules for interstate commercial truck drivers. How can changes in FMCSA HOS regulations affect your business? What can you do to prepare for these potential changes?
The Federal Motor Carrier Safety Administration (FMCSA) hours of service (HOS) rules are mandatory measures that ensure commercial truck driver and road safety in the U.S. HOS rules aim to eliminate drowsiness that can lead to vehicle crashes. Drivers may feel that they know when they are getting drowsy, but laboratory tests show that people are bad at estimating their own fatigue. First adopted in 1937, the HOS rules have been revised several times to reflect industry trends and current research on fatigue and driver safety.
According to Department of Transportation (DOT) HOS rules, property-carrying commercial motor vehicle (CMV) drivers have 14 hours to finish all driving-related work. This means that in the span of 14 hours, they can drive up to 11 hours. Drivers must also take a 30-minute break after 8 hours of driving. The short-haul exception extends the 14-hour window by 2 hours, meaning drivers can finish driving-related work within 16 hours provided the following conditions are met:
The short haul exception does NOT extend the 11-hour driving limit. Drivers can finish short-haul driving within 16 hours, but they still can’t drive past the 11-hour limit. To check compliance, commercial vehicle enforcement officers use the information on electronic logging devices (ELDs) carried on board by long-haul trucks. The ELD rule was made mandatory on December 18, 2017 and requires most FMCSA-regulated motor carriers to convert paper records into electronic format.
The hours of service regulations apply to most drivers of CMVs. In general, anyone driving a commercial vehicle is subject to the HOS rules. The few exceptions include drivers for government agencies and drivers transporting their own personal property. A CMV is defined as a vehicle used as part of a business and is involved in interstate commerce. The CMV also fits the following descriptions:
The industry has been complaining about increased costs and shipping delays following the soft enforcement of the ELD rule, and Congress and the public have requested certain HOS rules to be changed to address these issues. For one, the Owner-Operator Independent Drivers Association (OOIDA) has filed a petition to remove the mandatory 30-minute rest break, among other things.
On September 25, 2018, the FMCSA announced that it is seeking public comment on changing four areas of HOS rules, with the comment period open for 30 days. The Advanced Notice of Proposed Rulemaking (ANPRM) seeks feedback from the industry to find out if the proposed HOS revisions may remove unnecessary burdens on drivers while still maintaining road safety.
The DOT wants to ensure that drivers get enough rest and don’t work excessively long hours. The proposed revisions can better align federal regulations with the realities of highway transport, and it may shorten the hours drivers can spend behind the wheel. If passed, the changes will impact interstate commercial truck drivers, trucking associations, logistics service providers, customers, and industry partners and suppliers in all modes of transport. Certain HOS regulations also have a significant impact on other trucking sectors and on agriculture.
At some point, all goods entering or transiting the U.S. will be transported by truck, so a revision to HOS rules will impact the transport industry and other sectors that depend on it. If driver working hours are shortened (by reducing driving time, setting a certain amount of rest breaks, or lengthening the restart period before they can resume work), they are driving fewer miles and earning less. This could mean fewer drivers willing to do long-haul trips, increased highway transportation rates, network reorganization focusing on localized transport for shippers, shortened distribution routes, and increased use of intermodal transport (whichever route is shorter).
On December 16, 2017, Transport Canada announced revisions to the Commercial Vehicle Drivers Hours of Service Regulations (Electronic Logging Devices and Other Amendments) for better alignment with U.S. rules. The revision aims to make ELDs mandatory in the country by 2020. Canada’s ELD plan is similar to the U.S. in terms of goals and specifications and applies to all federally regulated motor carriers and commercial truck/bus drivers.
The new ELD measure aims to make trucks and roads safer for all Canadians by reducing fatigue and distractedness in commercial drivers. The program also aims to create consistent regulations so that drivers on both sides of the border can improve and maintain compliance. ELDs will automate and standardize drive time recording and reporting, as well as reduce errors and tampering. ELDs will also help improve safety standards, reduce the rate and cost of preventable deaths, and increase accountability in the trucking industry.
The Canadian ELD mandate is still in the planning stage and there are no compliance dates so far, but the industry should expect a similar ELD deployment process as in the U.S. While developing the ELD plan, the government will work closely with the industry to gather feedback and iron out kinks.
No matter how long the transition time, there will always be parties that will struggle to comply within the deadline. The ELD announcement was long-anticipated, but many drivers, small fleets and owner operators are not too happy about it. The shift to electronic process can be expensive for smaller firms and difficult for large businesses that are used to legacy systems.
According to data from the FMCSA and Trucks.com (U.S. data), the estimated cost of annual ELD adoption for the industry is $975 million, which includes equipment for carriers, inspector and driver training, and equipment for commercial truck inspectors. However, the industry can expect to save $1.6 billion annually in paperwork costs alone.
Preparation is key to successful compliance with changing HOS and ELD regulations in North America. Global eTrade Services (GeTS) is a leading provider of advanced comprehensive trade facilitation solutions for the U.S. and Canada trucking industry. Based on the software-as-a-service model, GeTS’ flexible applications allow even the smallest fleets to transition to a paperless compliance environment cost-effectively. Multiple options (online, integration and GeTS electronic processing) mean more ways to eliminate paper from fleet management workflows and optimize compliance.
To learn more about solutions to prepare for changes in FMCSA HOS regulations, visit our Canada and US truck eManifest pages or contact us today.
