Breaking news: NEW Hours of Service rules

Discussion in 'UPS Union Issues' started by hypocrisy, Dec 22, 2011.

  1. hypocrisy

    hypocrisy Banned

    In a nutshell: 70 hrs max worked, 11 hrs driving time, 30 min break within 1st 8 hours of driving, 34 hr restart only once per 7 days with two periods of 1 am-5am within that restart.

    FMCSA 37-11
    Thursday, December 22, 2011
    Contact: Candice Tolliver
    Tel: 202-366-9999

    U.S. Department of Transportation Takes Action to Ensure Truck Driver Rest Time and Improve Safety Behind the Wheel
    WASHINGTON - U.S. Transportation Secretary Ray LaHood today announced a final rule that employs the latest research in driver fatigue to make sure truck drivers can get the rest they need to operate safely when on the road. The new rule by the U.S. Department of Transportation's Federal Motor Carrier Safety Administration (FMCSA) revises the hours-of-service (HOS) safety requirements for commercial truck drivers.
    "Trucking is a difficult job, and a big rig can be deadly when a driver is tired and overworked," said Transportation Secretary Ray LaHood. "This final rule will help prevent fatigue-related truck crashes and save lives. Truck drivers deserve a work environment that allows them to perform their jobs safely."
    As part of the HOS rulemaking process, FMCSA held six public listening sessions across the country and encouraged safety advocates, drivers, truck company owners, law enforcement and the public to share their input on HOS requirements. The listening sessions were live webcast on the FMCSA Web site, allowing a broad cross-section of individuals to participate in the development of this safety-critical rule.
    "This final rule is the culmination of the most extensive and transparent public outreach effort in our agency's history," said FMCSA Administrator Anne S. Ferro. "With robust input from all areas of the trucking community, coupled with the latest scientific research, we carefully crafted a rule acknowledging that when truckers are rested, alert and focused on safety, it makes our roadways safer."
    FMCSA's new HOS final rule reduces by 12 hours the maximum number of hours a truck driver can work within a week. Under the old rule, truck drivers could work on average up to 82 hours within a seven-day period. The new HOS final rule limits a driver's work week to 70 hours.
    In addition, truck drivers cannot drive after working eight hours without first taking a break of at least 30 minutes. Drivers can take the 30-minute break whenever they need rest during the eight-hour window.
    The final rule retains the current 11-hour daily driving limit. FMCSA will continue to conduct data analysis and research to further examine any risks associated with the 11 hours of driving time.
    The rule requires truck drivers who maximize their weekly work hours to take at least two nights' rest when their 24-hour body clock demands sleep the most - from 1:00 a.m. to 5:00 a.m. This rest requirement is part of the rule's "34-hour restart" provision that allows drivers to restart the clock on their work week by taking at least 34 consecutive hours off-duty. The final rule allows drivers to use the restart provision only once during a seven-day period.
    Companies and drivers that commit egregious violations of the rule could face the maximum penalties for each offense. Trucking companies that allow drivers to exceed the 11-hour driving limit by 3 or more hours could be fined $11,000 per offense, and the drivers themselves could face civil penalties of up to $2,750 for each offense.
    Commercial truck drivers and companies must comply with the HOS final rule by July 1, 2013. The rule is being sent to the Federal Register today and is currently available on FMCSA's Web site at Hours-of-Service (HOS) Final Rule (December 2011) - Federal Motor Carrier Safety Administration.
  2. Monkey Butt

    Monkey Butt Dark Prince of Double Standards Staff Member

    This seems to apply mostly to UPS Feeder drivers or am I missing something?
  3. hypocrisy

    hypocrisy Banned

    Yes, it's mostly for Feeders. The 70 hr reduction mostly will hit Sleeper teams that pick up extra work or Sleeper cover drivers who jump back on their bid runs after completing Sleeper legs. The 34 hr restart could affect some Package drivers, especially those who are in Feeders sometimes and Package the rest of the time. Generally Feeders & Package do not communicate the hours worked in relation to HOS very well so it will be particularly important to transitioning drivers to keep track of their HOS especially in relation to the higher fines imposed.

    It seems to me that the 30 min break within the first 8 would apply universally since on road time in Package is basically driving time but there will probably be an interpretation at some point keeping in mind the short haul exemption in 395.1(e).
  4. over9five

    over9five Moderator Staff Member

    "The rule requires truck drivers who maximize their weekly work hours to take at least two nights' rest when their 24-hour body clock demands sleep the most - from 1:00 a.m. to 5:00 a.m."

    The OP said two 1am -5ams included in the 34 hour reset.

    That may cause some issues. In fact, it's damn stupid. Anyone who is on a night schedule is used to it, and does NOT demand sleep during those hours because those are the hours they're awake. Might apply to OTR independents, but that will hurt our drivers.

    Got to got to work, will read more later
  5. UnsurePost

    UnsurePost making the unreadable unreadabler

    Working night hours can be devastating. Forced to fight to stay awake both mentally and physically. High stroke risk as well as insomnia, depression, etc.

    The worst combination is working from midnight to 2pm- but working inside the hub or preloading. Not only is it more of a mental challenge to stay away ( versus feeders, shifting) , the physical..

    A very dangerous game that is being played!

    Also drivers with 14-15 hour days yesterday, scary, so I hear. punching out at 10:30 in groups, walking out. LOL

    I hope someone in ATL gives a darn. :)
  6. hypocrisy

    hypocrisy Banned

    Note that these rules are not compulsory until July 1, 2013 although companies can voluntarily adopt them prior to that date (the idea being to give companies time to train and ensure compliance). The enhanced penalties for egregious violations of the current HOS and later the new HOS will go into effect in 60 days.
  7. over9five

    over9five Moderator Staff Member

    Here's what my Peak tired mind can't comprehend:

    Say you punch out Saturday morning at 1:15 AM.
    Your next shift starts at 1:00 AM Monday. You've had almost 48 hours off, BUT you have not had your 34 hour reset because you did not have two 1AM - 5AM rests? That's ridiculous. That's governmental stupidity. It doesn't work in the real world. IE must have helped them come up with this...
  8. hypocrisy

    hypocrisy Banned

    Yes you couldn't restart til 5 a.m. Monday. It will just take a little planning but I think after a while it will become easy and routine. I wish they had stuck with the 12-6am periods instead as it would be easier to keep straight. Keep in mind that this is a rule, not law, so it can be adjusted and changed a lot easier than if they end up going through Congress like the ATA wants to sue to make happen.
  9. bluehdmc

    bluehdmc Well-Known Member

    You don't have to restart your hours, you just can't exceed the 60 hour in 7 day or 70 hr in 8 day rules. You can punch out at 1:15 on a Sat morning and actually start working 11:15 Sat morning. You would have had 10 hrs off duty, as long as counting back the last 7 days you weren't exceeding 60 hrs.

    As long as you don't exceed 11 hours driving time and 14 hour "on duty" time in a 24 hr period. The 24 hr periods run from 12:01am to midnite at your home terminal. Technically you could work 8 1/2 hrs a day 7 days a week 365 days a year and not be in violation.
    It's just under the old (current) rules you could restart after any 34 hr period off duty more than once in a 7 day period. Now they want the restart to include the two 1 am to 5 am periods.
  10. hypocrisy

    hypocrisy Banned

    Of course, but most operations are doing the restart because it just causes problems mid-week when you run out of hours. I haven't seen any 8hr/7day runs posted up in my area, but it's always possible.

    Under the new rules you can only do a 34 hr restart once in a 7 day period, so it's constantly sliding. So say before where you could have Sat/Sun off, work two 14 hr days, then have 34 hrs off, reset Thursday, then be good to go for another 60 hours, now under the new rules your mid-week reset wouldn't count until Tuesday of the next week.

    Also, as long as you are in the yard or hub you can work as many hours as you want. You only have to be in compliance when you go on road again. So say you worked til your 60th hour and came in and drove a shifter (assuming your shifter does not leave the yard) or helped unload/load you could work as many hours as you wanted. Just count those as on-duty time and in the above example you would need a 34hr restart prior to going on road. I used to have a run that would consistently get me 62 hours a week.
  11. Omega man

    Omega man Active Member

    The new rules will force those lunch skippers or late lunch takers to violate our contracts differently.
  12. UpstateNYUPSer

    UpstateNYUPSer Very proud grandfather.

    The new rules apply primarily to feeder drivers.
  13. hypocrisy

    hypocrisy Banned

    I'm not reading any exceptions for the 1/2 hr break in the first 8 hours. Where you are going to run into problems is the reporting requirement exception for short haul. It will be up to Management to enforce it but with financial penalties so high a nice whistle blower action would take care of that.

    Pretty hard to defend violating this provision since our contract already makes an allowance for it.
  14. Omega man

    Omega man Active Member

    By law, drivers must now take their lunch no later than 8 hours after they start.
    Many of our supplements still put stricter time constraints on when breaks can be taken.
  15. UpstateNYUPSer

    UpstateNYUPSer Very proud grandfather.

    Ours is 10 minute paid break between the 1st and 3rd hour and the 45 minute unpaid lunch between the 3rd and 5th hour. The only directive we have from management is that we must enter a full lunch and break in to our DIADs--they don't care when they are taken (or if they are taken) as long as they are in the DIAD. The union does not enforce these rules--they rely on self-compliance.

    In the case(s) where our contract language and state/federal laws are not compatible, which would apply?
  16. hypocrisy

    hypocrisy Banned

    State and Federal laws always take precedence over the Contract. For example: the National requires Union membership but that is unenforceable in states with Right to Work(for less) laws. Were the laws to change the Contract would be able to require Union membership without re-opening for bargaining.
  17. Omega man

    Omega man Active Member

    Your supplemental contract language for break and lunch is within the new DOT guidelines. The new law requires your members to take at least a 30 minute break/lunch within the first 8 hours after coming on duty. If new state or Federal laws conflict with existing contract language your Local and UPS would have to renegotiate that languge to be in compliance.
    Your Locals’ requirements for when lunch is taken is for the members’ benefit. It contributes to a more safe work environment and helps to guard against overdispatch. Members should enforce it themselves.