Waynes World - March 2007

BLACK BOXES, SOME POSSIBLE CHANGES IN
RECORD KEEPING REQUIREMENTS, AND...

TRAINING DRIVERS ON
HOURS-OF-SERVICE
By Wayne Schooling

THE BLACK BOX IS COMING!
The proposed rule on using electronic on-board recorders (EOBRs) in commercial motor vehicles has now been published in the Federal Register. Under the proposed rule, truck and bus companies with a history of serious hours-of-service (HOS) violations will be required to install EOBRs in all of their commercial vehicles for at least two years. The rule also sets performance standards for EOBRs and offers incentives to encourage industry-wide use of the technology.

Under the proposed rules for EOBRs: 1) Motor carriers that have demonstrated a history of noncompliance with the HOS rules would be required to install EOBRs. If the rule were finalized today, this would affect almost 1,000 companies and over 17,000 drivers; 2) The FMCSA would provide incentives to carriers who voluntarily use EOBRs in their commercial motor vehicles; and 3) New performance standards would be mandated for EOBRs installed in commercial motor vehicles manufactured two years after the effective date of the final rule. In part, the standards would require the use of a location-tracking system, such as GPS.

The proposed rules are not expected to be finalized until mid-2008 or early 2009. This should give those companies who have a history of serious noncompliance enough time to teach their drivers. This rule includes carriers that had a 10% or greater violation rate for certain regulations during each of two compliance reviews conducted within a two-year period. The violations include exceeding the HOS limits, falsifying records of duty status, and/or failing to make or maintain records of duty status. Companies and owner-operators that refuse to comply with the mandate will be prohibited from operating in interstate commerce.

TRAINING DRIVERS ON HOURS-OF-SERVICE
A recent survey revealed that many drivers violate the hours-of-service (HOS) regulations due to a lack of knowledge and the fact that many drivers believe their carrier expects them to violate the rules. Let’s look at each of these reasons why drivers fail to properly follow the HOS rules and what can be done to correct the problems.

Some of the drivers surveyed said they did not fully understand the HOS rules, which led to violating them unknowingly. The HOS limits themselves are fairly simple. Drivers are required to take a 10-hour break. After completing a 10-hour break, a driver cannot drive after the 14th consecutive hour after going on duty. Within the 14-hour “work day” limit, the driver can drive up to a maximum of 11 hours. Once the 11 hours of driving or the end of the 14 consecutive hours is reached, the driver must take a 10-hour break before driving again.

Where problems arise is when the driver is delayed during the 14-hour work day. The time spent waiting counts against the driver’s 14-hour limit. To try to make up the lost time, many drivers may decide to “split log” the hours, trying to take advantage of the split sleeper option found at 395.1(g). Split logging allows the driver to split the 10-hour break into two breaks, one of eight hours in the sleeper berth (which stops the 14-hour clock), and one of at least two hours (which does not stop the 14-hour clock). The driver’s 14-hour on-duty time and 11-hour driving time are also split. The problem is, not too many drivers fully understand this rule.

The second reason given by many drivers who took the survey for violating the HOS regulations was the belief that their company wants (or expects) them to violate the rules. While this may be true in a few cases, it is not generally the case. Most carriers are aware of the consequences of a driver getting caught, or worse, being involved in an accident, while operating over hours. Often, drivers believe their company wants them to violate the HOS regulations because of “mixed messages” they get. The driver has been told how important on-time delivery and customer service are to the company, along with how important it is to operate legally. When the driver is forced to choose between being on-time or operating legally, if the message from the company has not been clearly specified, the driver may choose to operate over hours and believe the company wants it that way.

The simple fix for both of these HOS problems is training. A written log auditing policy and a solid, on-going training program can help in both of these areas. First, it provides an opportunity to refresh the drivers on the rules, including the split sleeper option, which helps to reduce the chance of drivers accidentally going over on their hours. Second, the training session gives the company the chance to impress upon the drivers that safety and operating legally are the priority. Now is the time to either set up HOS training through an NTA service provider or use the NTA’s Online Institute (www.ntassoc.com) to get your training. Our online service is available 24/7 and, upon completion of the course, you will receive a Certificate of Completion from the DOT.

HOS SUPPORTING DOCUMENTS
A long-awaited final rule amending the federal hours-of-service record keeping and log auditing requirements has been put on hold while the FMCSA further researches its impact. The FMCSA did not know when the final rule would be published but expects some sort of timeline to be issued shortly. The final rule is expected to clarify which supporting documents – such as fuel and toll receipts and bills of lading – motor carriers and drivers must maintain, and how those documents are to be used to verify drivers’ records of duty status. Stay tuned.