FMCSA CLARIFIES HOURS RULE
Federal Motor Carrier Safety Administration issued a technical amendment to resolve some confusion over its intent with several provisions of the new hour-of-service rules, which take effect Jan. 4. The document, published in the Sept. 30 Federal Register, clarifies treatment of three or more sleeper berth periods, specifies the sleeper berth periods for operations at natural gas or oil well locations and corrects an error in the section dealing with short-haul drivers.
The technical amendment does not, however, address an area of disagreement between FMCSA and the American Trucking Associations. ATA believes drivers should be allowed to stop the clock on the 14-hour limitation by taking a single sleeper berth period provided they take 10 consecutive hours of off-duty time following their shifts. FMCSA, however, says that combination doesn’t comply with the final rule.
Under the technical amendment, in situations where a driver takes more than two sleeper berth periods of two hours or longer, any two of those periods totaling 10 hours may be used in calculating mandatory off-duty time. The sleeper berth periods don’t have to be consecutive. Any sleeper berth periods beyond the two qualifying periods, however, would count against the 14 hours available for driving.
For sleeper berth periods at natural gas or oil well locations, FMCSA clarified that the new rule requires a total of 10 hours off duty and that the periods may be taken in sleeper berths, other sleeping accommodations or both. Another provision in the new rule was intended to give short-haul drivers one 16-hour on-duty limit in a seven-day period, but the published version incorrectly stated six days.
A separate action anticipated late last month was expected to further clarify enforcement of the sleeper berth provision to resolve confusion over how inspectors should treat certain situations when a driver has only taken his first sleeper berth period.
Suppose that following 10 hours off duty a driver drives five hours, takes five hours in the sleeper berth and drives another five hours. A law enforcement officer then inspects his logs. At this point, the driver has driven beyond the end of the 14th hour after beginning his day. Unless the driver takes another qualifying sleeper berth period, he will not be in compliance. But can the inspector assume that the driver won’t take that second berth period and find the driver in violation?
