TEXAS LAWMAKER INTRODUCES BILL TO FIX HOS

Topic 22187 | Page 1

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Rocket III Rider's Comment
member avatar

I saw this report posted on CDL Life and thought it may be of interest. CDL LIFE

"A Texas lawmaker has introduced legislation that would “modernize” current Hours of Service regulations for truck drivers. The bill is known as H.R. 5417, or “The Responsible and Effective Standards for Truckers (REST) Act” was introduced by U.S. Rep Brian Babin. Here’s how the REST Act would change current Hours of Service regulations, according to a press release from Babin’s office: The REST Act would allow drivers to take one rest break per shift, for up to three consecutive hours. The single off-duty period would not be counted toward the driver’s 14-hour, on-duty allowance and would not extent the total, allowable drive limits … The REST Act requires the Department of Transportation to update Hours of Service regulations to allow a rest break once per 14-hour duty period for up to 3 consecutive hours as long as the driver is off-duty, effectively pausing the 14-hour clock. However, drivers would still need to log ten consecutive hours off duty before the start of their next work shift. It would also eliminate the existing 30-minute rest break requirement. The bill states that these changes would “allow professional drivers to rest when they feel it appropriate and avoid congestion, adverse weather conditions, or other road conditions that decrease safety.” Babin, who has previously championed legislation to delay the ELD Mandate, says of the REST Act: “I’m proud to introduce the REST Act today and give America’s truckers the options they need to safely operate under today’s rigid federal regulations. This bill is an important step in making the way for improved highway safety. It would also eliminate the existing 30-minute rest break requirement.“"

CDL:

Commercial Driver's License (CDL)

A CDL is required to drive any of the following vehicles:

  • Any combination of vehicles with a gross combined weight rating (GCWR) of 26,001 or more pounds, providing the gross vehicle weight rating (GVWR) of the vehicle being towed is in excess of 10,000 pounds.
  • Any single vehicle with a GVWR of 26,001 or more pounds, or any such vehicle towing another not in excess of 10,000 pounds.
  • Any vehicle, regardless of size, designed to transport 16 or more persons, including the driver.
  • Any vehicle required by federal regulations to be placarded while transporting hazardous materials.
Mr. Smith's Comment
member avatar

This wouldn’t make anything better in my opinion.

I’m hoping someday the local drivers will get something like a 12 hour off duty mandatory instead of 10.... (Because some folks commute). This can go many different routes. Requiring not being able to hire if not within a miles range...

3 hours to take a break and pause the clock I can see where someone can benefit from it OTR but it’s not going to “cure” the whole whining trucker complaining about the Electric Logs.

OTR:

Over The Road

OTR driving normally means you'll be hauling freight to various customers throughout your company's hauling region. It often entails being gone from home for two to three weeks at a time.

PackRat's Comment
member avatar

It's a start, but far from a correction for a major snafu created by those that never drove.

HOS:

Hours Of Service

HOS refers to the logbook hours of service regulations.
andhe78's Comment
member avatar

3 hours to take a break and pause the clock I can see where someone can benefit from it OTR but it’s not going to “cure” the whole whining trucker complaining about the Electric Logs.

This is my feeling too-I don't think anything would ever make these drivers happy.

Now it may just be because I'm a rookie who has never known anything other than electronic logs , but have never understood the whining about them. Are they great, no, I've had issues, but it's part of the job, deal with it or find another career. There are more annoying things in my daily trucking life.

Electronic Logs:

Electronic Onboard Recorder

Electronic Logbook

A device which records the amount of time a vehicle has been driven. If the vehicle is not being driven, the operator will manually input whether or not he/she is on duty or not.

OTR:

Over The Road

OTR driving normally means you'll be hauling freight to various customers throughout your company's hauling region. It often entails being gone from home for two to three weeks at a time.

Rob T.'s Comment
member avatar

Mr Smith said :

I’m hoping someday the local drivers will get something like a 12 hour off duty mandatory instead of 10.... (Because some folks commute). This can go many different routes. Requiring not being able to hire if not within a miles range...

Completely agree. But then you'd need to define local. Is it home every night, or is it staying within x miles from terminal. Regarding the commuting statement: whenever the drivers we have in our domicile yards call in sick, they send a guy from the terminal to fill that route. The guy drives his personal vehicle so isn't required to log it as it's classified as a commute. Unless he has to run that route again the next day he's sent back home. My domocile yard is 3 hours away from the terminal. That means this guy puts in 3 hours driving BEFORE even getting behind the wheel of a CMV. After he runs the route which is usually 13 to 14 hours especially not knowing where he's going he has to drive the 3 hours back. That means he technically put in a 20 hour day and could work again being required to be back at work 7 hours after he got home (due to 3 hour "commute"). If he has to run the route the next day they'll put him up in a hotel for the night . Doesn't seem right and I think it's a loophole that's being taken advantage of.

The other thing I don't understand regarding local drivers HOS is allowing us to use a 2 hour extension which lets us to drive a CMV up to our 16th hour. However we still can not exceed 11 hours driving. Also must start and stop at the same location for 5 (?) Consecutive working days. Can only be used once per 7 days unless I get a 34 reset in. If they're going to grant me that extension OTR should be entitled to the same thing. With my job I'm physically unloading 14k-19k daily, dealing with congested traffic. I am at a much higher risk for fatique in my opinion than an OTR driver. However I can't say that with certainty as I haven't done OTR.

Terminal:

A facility where trucking companies operate out of, or their "home base" if you will. A lot of major companies have multiple terminals around the country which usually consist of the main office building, a drop lot for trailers, and sometimes a repair shop and wash facilities.

OTR:

Over The Road

OTR driving normally means you'll be hauling freight to various customers throughout your company's hauling region. It often entails being gone from home for two to three weeks at a time.

CMV:

Commercial Motor Vehicle

A CMV is a vehicle that is used as part of a business, is involved in interstate commerce, and may fit any of these descriptions:

  • Weighs 10,001 pounds or more
  • Has a gross vehicle weight rating or gross combination weight rating of 10,001 pounds or more
  • Is designed or used to transport 16 or more passengers (including the driver) not for compensation
  • Is designed or used to transport 9 or more passengers (including the driver) for compensation
  • Is transporting hazardous materials in a quantity requiring placards

HOS:

Hours Of Service

HOS refers to the logbook hours of service regulations.

OWI:

Operating While Intoxicated

Jeremy's Comment
member avatar

I think its a great idea with half the shippers and receivers they move like snails and it could make the difference between gettin home or not

Shipper:

The customer who is shipping the freight. This is where the driver will pick up a load and then deliver it to the receiver or consignee.

PJ's Comment
member avatar

It’s not perfect, however it’s a foot in the door to maybe get additional changes. I just had to stop on the way home. At speed I’m 2.30 hrs from the yard. I had 2:40 on my drive clock, however it’s rush hour and the next 40 miles are stop and go. Under that rule I could take a 3 hr break and go on home and get there at a reasonable hour. Instead I’m shutting down for a 10 then go on home. I could do a split but then I’m getting home really early and I’ll wake the house up. I’ll just get a good nights sleep and slide in at a reasonable hour

Steve L.'s Comment
member avatar

I too thought drivers were just whining. But how many drivers drop/hook or move around a distribution center “off duty?”

My understanding is that some, if not all, ELD’s will trigger driving in the above-mentioned scenarios. Most of us (as I understand) have been using Automatic On-board Recording Devices (AOBRD). It’s been explained to me these are very different devices and we’ll all be going to ELD’s which will log as driving, anytime we actually drive the vehicle.

I’m certainly no expert, but I like the idea of just getting rid of the 14-hour clock.

Then again, maybe a worse driver “shortage” means better pay. 😆

LDRSHIP's Comment
member avatar

I still stand by my idea of a fix. No 14 or 30. Accumulation of 12 hours of on duty (driving or not driving) then you require a 10hr break. Simple and effective. Allows flexibility while protecting local guys who log on duty for everything.

millionmiler24 (CRST Amba's Comment
member avatar

Patrick C. wrote:

I still stand by my idea of a fix. No 14 or 30. Accumulation of 12 hours of on duty (driving or not driving) then you require a 10hr break. Simple and effective. Allows flexibility while protecting local guys who log on duty for everything.

My version of how the HOS should work:

12 on, 12 off/sleeper. Half of the 12 off minimun MUST be Sleeper. Also, no continuous counting clocks like the 8 or 14. If you stop and nap for 4 hours, you shouldn't be penalized. However to get a FULL 12 hour clock you MUST have 12 hours uninterrupted off duty for which a MINIMUM of 6 hours of is in the Sleeper berth before your 12 hr clock resets back to full.

For a weekly clock or 8 day clock have it set to 80 hrs in a week. 16 hrs each day x5 days a week and when you hit 80 hrs then you MUST have 48 Continuous hours off duty with a minimum of 16 of those in the Sleeper berth, 8 each day so that DOT will see you got rest both days of your reset. Have the recap rule eliminated altogether also.

To summarize:

12 hrs driving 16 hrs on duty each day (non continuous) over 5 days 80 hr work week 2 days off EVERY week

Sleeper Berth:

The portion of the tractor behind the seats which acts as the "living space" for the driver. It generally contains a bed (or bunk beds), cabinets, lights, temperature control knobs, and 12 volt plugs for power.

DOT:

Department Of Transportation

A department of the federal executive branch responsible for the national highways and for railroad and airline safety. It also manages Amtrak, the national railroad system, and the Coast Guard.

State and Federal DOT Officers are responsible for commercial vehicle enforcement. "The truck police" you could call them.

HOS:

Hours Of Service

HOS refers to the logbook hours of service regulations.
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