Off-Duty Driving: FMCSA Denies Personal Conveyance Mileage Clarification

Off-Duty Driving: Personal Conveyance

In May 2020, following the announced proposed Hours of Service rule changes, Commercial Vehicle Safety Alliance (CVSA) petitioned to update the definition of personal conveyance and include a mileage limit.

CVSA feared the current rules could have a driver travel hundreds of miles over several hours designated as personal conveyance.

In Sept, FMCSA denied the petition, saying CVSA’s proposal did not provide a “sufficient safety basis” to initiate a rulemaking. Furthermore, it was unable to estimate the extent to which drivers may be circumventing the hours-of-service requirements by claiming personal conveyance status.

The FMCSA believes the 2018 regulatory guidance is appropriate, which allowed drivers to enter into personal conveyance status–whether the truck is loaded or not–to find the nearest safe parking or rest location after their hours of service are exhausted by a shipper/receiver or off-duty periods are interrupted by law enforcement.

“The movement from a shipper or receiver to the nearest safe resting area may be identified as personal conveyance,” according to a notice from FMCSA, “regardless of whether the driver exhausted his or her hours of service, as long as the CMV is being moved solely to enable the driver to obtain the required rest at a safe location.”

The FMCSA recognized that “the driver may not be aware of the direction of the next dispatch and that in some instances the nearest safe resting location may be in the direction of that dispatch. If the driver proceeds to the nearest ‘reasonable and safe location’ and takes the required rest, this would qualify as personal conveyance.”

It is important to note that it is up to the carrier whether they allow drivers to use personal conveyance in their company policy.

Some personal conveyance tips: 

  • Driver must be off duty for it to be personal conveyance
  • CMV can be loaded or empty during personal conveyance
  • Personal conveyance does not affect the driver’s on-duty time
  • A move when the driver is parked and off duty can be personal conveyance
  • The driver does not have to return to the last on-duty location after a personal conveyance
  • Drivers should annotate on the drivers log if they cannot park at the nearest location and must proceed to another location.

Keep up with current Hours-of-Services Rules and Regulations

For more information, contact us at 888.260.9448 or info@cnsprotects.com.

2020 Hours of Service Rule Changes and their Effect on Trucker Workdays

2020 Hours of Service Rules | DOT Compliance Services | CNS

With new HOS rules on the horizon, it is time to start training company drivers so they understand how their workday will improve. 

This week will be the first time the hours of service rules will have a major update in years that were highlighted after the ELD rollout.

Drivers could begin operating under the new HOS regulations on September 29, 2020 after the rule was debuted on May 14, 2020.

The four HOS rules changes will improve the workday for many truckers, including short-haul and team drivers, and will increase overall flexibility while the overall structure of HOS rules have not changed.

Drivers must still abide by the:

  • maximum 11 hour driving limit within a 14-hour window/workday (except for adverse driving conditions)
  •  10 minimum hours off between workdays; and
  • continued weekly 7 or 8 day  driving time maximums

 

What is changing and how will this affect the trucker’s workday?

What are the 2020 HOS Rule Changes?

The 4 major changes in the 2020 hours of service reforms will affect the: 30-minute rest break requirement, split-sleeper berth exception, short-haul exemption and adverse driving condition exemption.

Check out our industry library resources of 15 videos, 2 ebooks, industry links, and CNS In The News content.

30-minute rest break: The changes to the rest break requirement will affect most long-haul truckers on the road as it will allow drivers to take their required 30-minute break during an “on-duty, not driving” status, rather than “off-duty” status.

Previously, drivers had to be “off-duty” to take a rest break, meaning they could not perform any work functions during their break.

Now, drivers can be “on-duty, not driving”, which allows them to perform paperwork or fuel their truck while on break.

For many truck drivers, this change is exciting as it allows them to complete some of the busywork required of them.

Note: This change does not affect short-haul drivers as they do not need to take a 30-minute break.

Team driving split sleeper berth exception: Team drivers can now choose to spend only seven hours in the sleeper berth instead of eight as drivers can split their required 10 hours off duty into two periods: an 8/2 or a 7/3 split.

While this does not change the 14-hour driving window, the FMCSA hopes this will reduce driver temptations to speed or operate unsafely because their workday is ending.

Short-haul exemption: For short-haulers operating larger or heavier vehicles, drivers can now increase their maximum on‑duty period from 12 to 14 hours and extend the short-haul radius from 100 air-miles to 150 air-miles. Learn more about the original Short-Haul Exemption

This change is simply being consistent with short-haulers driving vehicles under 26,000 lbs.

While drive-time is not being extended, these short-haul drivers, such as local delivery, construction, or waste drivers, can increase their driving distance by 50 air-miles, and allow them to work at their job site or office for a couple more hours.

Drivers and fleet managers can now be more creative with a driver’s work schedule and should be trained on these hours of service rule changes to make sure they understand the boundaries of the FMCSA regulations.

Adverse driving conditions exemption: Truck drivers who experience unanticipated adverse road conditions, such as unexpected inclement weather, vehicle accidents, or road closures can extend their 11 hour drive time to 13 hours and allow the 14-hour driving window to be extended to 16 hours.

This flexibility gives drivers more time to slowly drive through poor road conditions or find a safe place to park and wait without rushing to finish their shift.

Drivers need to be trained on exactly what  situations are considered “adverse driving conditions,” what their options are regarding log books, and how to notate or document the exemption.


DOT and Driver Training

Truck drivers and fleet managers need continuous training on new FMCSA rules

These HOS rule changes provide an important opportunity for fleets to update their driver training.

CNS offers a variety of in-person and online training courses for the specific needs or weaknesses of your company or its’ drivers.

Fleets that incorporate training alongside driver qualification, drug testing and fuel tax management can create a complete picture of fleet safety.

Our complete DOT Compliance Programs promotes proactive safety and will complement or become your current safety department, without the cost of employing the many staff members it takes to run an effective safety program.

For more information, contact us at 888.260.9448 or info@cnsprotects.com.


Final rule for hours of service goes to White House

HOS Final Rule to White House

HOS proposal goes to White House

In August of 2019 the FMCSA released a notice of proposed rulemaking (NPRM) related to the hours of service rules and regulations and were also taking public comment on the DOT hours-of-service proposal.

As of Monday, March 2, 2020, the FMCSA has announced that they have filed the rule to the White House Office of Management and Budget (OMB), which is one of the final steps before the rule is published in the Federal Register.

The rulemaking to reform the hours of service has maintained momentum, even with resignation of Ray Martinez in October of 2019. Martinez started the hours of service reform in the beginning of his term in 2018 and Jim Mullen said the FMCSA was still focused on seeing the rulemaking through.

The content of the final rule is not clear, as the text has not been made public, however it will still address the key issues that were covered in August 2019. You can review those proposed changes in our previous post.

>>> More driver flexibility after hours of service changes <<<

According to the Federal law, the rule must be approved or denied by the OMB within 90 days of its submission, however that deadline can be extended to 120 days.

When the OMB clears the rule, the FMCSA can publish the rule in the Federal Register. What does that mean? It means that the final rule could be filed in the coming months and once filed there will likely be an implementation period of months or years allowing the industry to prepare for the changes.


Stay DOT compliant

Knowing these Hours-of-Service rules and regulations will allow you to stay compliant and plan your operations more efficiently.

All CNS services are geared toward keeping your trucking company safe and compliant.

If you have any questions, call (888) 260-9448 or email at info@cnsprotects.com.

Short-haul exemption: 100 air-mile radius


Are you 100 air-mile exempt?

What is an air mile?

An “air mile” is a nautical mile measuring a straight distance between two points, excluding any twists or turns.

What is the short-haul exemption?

If you are a short-haul driver or fleet, there are several short-haul exemptions, including time restrictions, as well as distance related exemptions, which are the 100 air-mile exemption and the 150 air-mile exemption.

100 air-mile exemption

The exemption applies to CDL drivers and to qualify they must:

  • remain operating within a 100 air-mile radius
  • return to the same work reporting location
  • go off duty within 12 hours, and
  • keep time cards with start and end times and total hours worked daily

150 air-mile exemption

This exemption is slightly different in that it applies to non-CDL drivers and instead of the operating radius being 100 air-miles, it is 150 air-miles.

Check out our industry library resources of 15 videos, 2 ebooks, industry links, and CNS In The News content.

Similarly, drivers are required to:

  • keep timecards
  • return to the same work reporting location, and
  • only drive in states not requiring a CDL for their vehicle.

Further ELD Questions? Get a Free Demo

Contact us with any questions. Our ELD specialists can perform a demo with our ELD devices.

Exceeding the short-haul limitation

A driver may violate the short-haul limitations by going over the radius limit or exceeding the time it takes to return to their reporting location.

If this happens, drivers are required to maintain a Record of Duty Status (RODS) and more importantly, if they maintain a RODS for more than 8 days in a 30-day period, they must have an ELD because the mandate exemption does not apply after that 8 days.

The 8-day rule is one of the biggest issues for any short-haul fleet because they are unable to determine if they will hit that 8-day limitation. It is important to note that it is nearly impossible to implement an ELD on short notice, therefore, many questionable short-haul fleets are beginning to install ELDs.

Verifying compliance?

If you have drivers that are exempt, it is imperative that you check time records to verify compliance with time and distance restrictions.

If a driver is in violation, you must also verify that they followed proper procedure by taking a 30-minute break and submitting their daily log.

If your company is audited and you or your drivers are found to be misusing these exemptions, you will be cited for each violation every day it occurred which can lead to a rather large fine.

ELDs and short-haul exemptions

In most cases, a driver that qualifies for the 100 or 150 air mile radius is exempt from the upcoming ELD mandate, but there are exceptions.

The final regulation says if you are running short haul, you are not required to maintain Record of Duty Status (RODS) and, therefore, do not need to log your hours with an ELD, unless you break the rule more than eight (8) times in a 30-day rolling period.

If you do break the rule more than eight times, you will need an ELD to log your hours until you get back to the number of eight or fewer in a 30-day period.

Although not always required, ELDs can be an excellent resource for a short-haul fleet. Constant awareness of a driver’s distance, eliminating any concerns of going beyond the radius limit, and monitoring driver scorecards are just two of many benefits.

Need an ELD? We offer Pedigree ELD solutions


Stay DOT compliant

Staying knowledgeable on FMCSA rules and regulations will allow you to stay DOT compliant and plan your operations more efficiently.

All CNS services are geared toward keeping your trucking company safe, compliant, and on the road.

If you have any questions, call 888.260.9448 or email at info@cnsprotects.com.

HOS short-haul exemptions and HOS compliance


What are short-haul exemptions?

The Federal Motor Carrier Safety Administration (FMCSA) developed several Hours-of-Service rules and regulations with a goal for these HOS rules to minimize driver fatigue and improve road safety for everyone.

However, the FMCSA has created certain exemptions giving drivers and carriers flexibility, depending on their situation. Different rules apply to passenger-carrying drivers, property-carrying drivers and drivers of hazardous materials.

Considering all of the potential HOS changes and so we are on the same page, we will discuss a few important Hours-of-Service rules, including the 14-hour rule, the 11-hour rule and the 30-minute break.

What are 3 important hours-of-service rules?

  • The 14-hour rule?

The 14-hour rule disallows a property-carrying driver from driving longer than 14 consecutive hours after starting duty. The driver cannot continue driving until they have taken ten (10) consecutive hours off-duty.

Passenger-carrying motor vehicles are limited to 15 cumulative hours. This differs from the 14 consecutive hours of property-carrying drivers.

For both property-carrying and passenger-carrying vehicles, off-duty time does not extend the 14-hour period.

  • The 11-hour rule?

The 11-hour rule states that property-carrying drivers are allowed a maximum of 11 hours of drive time after 10 consecutive hours off duty, if they stay within the 14-hour window.

On the other hand, passenger-carrying drivers can drive up to 10 hours after eight consecutive hours off duty.

  • The 30-minute break rule?

According to the 30-minute break rule, drivers can’t log driving time if eight hours have passed since the last off-duty period of 30 consecutive minutes. Drivers can perform non-driving tasks after eight hours without taking a break, but they cannot drive.

Are you a short-haul driver?

The FMCSA rules and regulations state that you are a short-haul driver, if:

  • Start and return to the same location within twelve (12) hours of duty time.
  • Maintain your time-clock function.
  • Do not drive for more than eleven (11) hours.
  • Have ten (10) consecutive hours in off duty between shifts.
  • Operate within a 100 air-mile radius from your starting location (CDL driver)
  • Operate within a 150 air-mile radius (non-CDL drivers)
  • Does not drive through a state that requires a CDL for the vehicle they drive

The 16-hour short-haul exemption – Do you qualify?

The FMCSA implemented a hours of service exemption allowing short-haul drivers to extend their 14-hour driving window by two hours each week.

This could apply to you if you are a short-haul driver and report back to the same work location each day, you might be able to take advantage of the 16-hour short haul exemption.

The exemption doesn’t extend the 11-hour daily driving limit but does provide you with up to 16 hours to complete your workday.


Further ELD Questions? Get a Free Demo

Contact us with any questions. Our ELD specialists can perform a demo with our ELD devices.

ELDs and short-haul exemptions

In most cases, a driver that qualifies for the 100 or 150 air mile radius is exempt from the upcoming ELD mandate, but there are exceptions.

The final regulation says if you are running short haul, you are not required to maintain Record of Duty Status (RODS) and, therefore, do not need to log your hours with an ELD, unless you break the rule more than eight (8) times in a 30-day rolling period.

If you do break the rule more than eight times, you will need an ELD to log your hours until you get back to the number of eight or fewer in a 30-day period.

Learn why ELDs can be an excellent resource for a short-haul fleet.


Stay DOT compliant

Knowing these rules and regulations will allow you to stay compliant and plan your operations more efficiently.

All CNS services are geared toward keeping your trucking company safe, compliant, and on the road.

If you have any questions, call 888.260.9448 or email at info@cnsprotects.com.

DOT hours-of-service: Comment extension


The Commercial Vehicle Safety Alliance (CVSA) wants more time to collect and analyze comments on the FMCSA’s proposal for changes to the hours-of-service rules.

The CVSA sent a formal petition to the FMCSA requesting a 45-day extension to the comment period regarding a notice of proposed rulemaking aimed at providing commercial motor vehicle drivers more hours-of-service flexibility.

In early August the FMCSA proposed five changes to the hours-of-service regulations:

  1. 30-minute break requirement: Changes will allow drivers to satisfy the required break using on duty, not driving status, rather than off duty.
  2. Sleeper berth exception: Changes will allow drivers to split the required 10 hours off duty into two periods.
    • One period must contain at least 7 consecutive hours in the sleeper berth.
    • The other period cannot be less than 2 consecutive hours, either off duty or in the sleeper berth.
    • Note: Neither period would count against the driver’s 14‑hour driving window
  3. 30-minute to 3-hour off-duty break: Changes will allow drivers one off-duty break of at least 30 minutes and no more than 3 hours, that pauses the driver’s 14-hour driving window
    • Note: Driver must take 10 consecutive hours off-duty at the end of the work shift.
  4. Adverse driving conditions exception: Changes will extend the maximum window during which driving is permitted by two hours.
  5. Short-haul exception: Changes will lengthen the drivers’ maximum on‑duty period from 12 to 14 hours and extends the operating distance limit from 100 to 150 air miles.

CVSA fully supports FMCSA in their request for comments, however, Executive Director Collin Mooney said that 45 days is not enough time to prepare and approve comments on such a complicated and important issue. Mooney stated that it is imperative that stakeholders provide more time.

The August 22, 2019 proposal opened a 45-day comment period allowing comments on regulations.gov using docket number FMCSA-2018-0248 until Oct. 7, however the extension would leave the comment period open until November 21, 2019.

Stay DOT compliant

Knowing these Hours-of-Service rules and regulations will allow you to stay compliant and plan your operations more efficiently.

All CNS services are geared toward keeping your trucking company safe and compliant.

If you have any questions, call (888) 260-9448 or email at info@cnsprotects.com.

US DOT seeks comment on Agriculture HOS regulations


The US DOT’s Federal Motor Carrier Safety Administration (FMCSA) is seeking public comment to revise the hours-of-service (HOS) regulations for agricultural commodity or livestock definitions.

The FMCSA partnered with the US Department of Agriculture (USDA) to provide clarity for the nation’s farmers and commercial drivers, eliminate confusion and align the agencies’ agricultural commodity definitions.

With the American agriculture industry contributing more than $1 trillion annually to the US economy, the FMCSA recognizes the importance of the agricultural industry.

The FMCSA is determined to find a balance that provides more flexibility to those hauling agricultural commodities.

Current regulations have certain restrictions lacking the flexibility that farmers and commercial drivers need due to the unique realities of hauling agriculture commodities.

Currently, during harvesting and planting seasons, drivers transporting agricultural commodities, including livestock, are exempt from the HOS requirements.

The HOS exemption is called a short haul exemption and applies when the destination of the commodity is within a 150-air-mile radius from the source.

Each individual state is currently determining HOS requirements for agricultural commodities.

The advanced rule (ANPRM) authored by FMCSA was prompted by indications that the current definition of these terms may not be understood or enforced consistently when determining whether the HOS exemption applies.

The FMCSA is encouraging all commercial motor vehicle stakeholders to provide feedback on how the current definitions impact safety, compliance, and enforcement. More specifically, the FMCSA wants to hear from those transporting agricultural commodities and livestock.

More driver flexibility after hours of service changes


5 major DOT hours of service changes

In an effort to improve safety and provide more flexibility to commercial motor vehicle (CMV) drivers, the Federal Motor Carrier Safety Administration (FMCSA) has released a notice of proposed rulemaking (NPRM) that proposes changes to the hours of service (HOS) rules.

In 2018, the FMCSA release an Advanced Notice of Proposed Rulemaking (ANPRM) on Hours of Service of Drivers and requested public comment on portions of the HOS rules to alleviate unnecessary burdens placed on drivers.

The FMCSA proposed changes focus on the five areas below:

  1. 30-minute break requirement: Changes will allow drivers to satisfy the required break using on duty, not driving status, rather than off duty.
  2. Sleeper berth exception: Changes will allow drivers to split the required 10 hours off duty into two periods.
    • One period must contain at least 7 consecutive hours in the sleeper berth.
    • The other period cannot be less than 2 consecutive hours, either off duty or in the sleeper berth.
    • Note: Neither period would count against the driver’s 14‑hour driving window
  3. 30-minute to 3-hour off-duty break: Changes will allow drivers one off-duty break of at least 30 minutes and no more than 3 hours, that pauses the driver’s 14-hour driving window
    1. Note: Driver must take 10 consecutive hours off-duty at the end of the work shift.
  4. Adverse driving conditions exception: Changes will extend the maximum window during which driving is permitted by two hours.
  5. Short-haul exception: Changes will lengthen the drivers’ maximum on‑duty period from 12 to 14 hours and extends the operating distance limit from 100 to 150 air miles.

The proposed rules are open for public comment and the FMCSA Administrator, Raymond Martinez, is encouraging all drivers and CMV stakeholders to submit thoughts and opinions on the hours of service changes within the 45-day timeframe they have allotted. There is potential for the comment period to be extended.

Pausing the 14-hour clock has been discussed since last 2018 and may now become a reality.

>>> Final rule goes to White House as of March 2020 <<<


Stay DOT compliant

Knowing these Hours-of-Service rules and regulations will allow you to stay compliant and plan your operations more efficiently.

All CNS services are geared toward keeping your trucking company safe and compliant.

If you have any questions, call (888) 260-9448 or email at info@cnsprotects.com.

Advantages of having ELDs for Drivers

ELD Data Management Driver Scorecards

ELDs are the new technologically advanced system for tracking driver safety and hours on the road. While they may take some time to get used to, it can be done.

As a new federally mandated law in the US—and maybe soon to be mandated in Canada—there are many advantages of the new federally mandated law and learn why you should see it as an advantage instead of an annoyance.

Systems like the Pedigree ELD system can track your driving habits to help you stay safe and compliant with the new laws.

  1. An ELD can lead to more money for you!
    It has been estimated that drivers spend over 20 hours per year filling out paper logs of their driving. With an ELD system the driver no longer needs to fill these out, eliminating approximately 15 minutes each day just for paperwork while still staying compliant. You can also round your driving to the nearest minute instead of 15 minutes. While these amounts of time may seem small they definitely do add up.
  2. ELDs eliminate the lengthy inspection process.
    The results are clear cut for the officer. There are no questions because everything is in one place and tracked digitally.
  3. No more pesky paperwork for the truck driver
    Most truck drivers hate filling out all the paperwork after each drive. With the addition of an ELD system, drivers no longer have to fill it out because they just need to quickly login to the system and then they are done!
  4. Get a warning when you are getting close to your maximum time
    ELDs will tell you when you are getting too close to breaking a rule whether it be missing your 30 minute break or driving too long in one day. The system is designed to help you stay safe and compliant and avoid fines that could cost you.
  5. Build a resume for yourself!
    ELD systems allow a driver to have documented proof of their safety record. When they are applying for new jobs they can show the new potential employer how safe they are.

There are so many advantages of the new ELD system. Between making extra money and building a resume for yourself, the new system is helping more drivers to stay safer than ever and be able to prove that they are.

Does all this sound complicated?  Having a company that will consult with your ELD management system will help save you time and hassle.

Further ELD Questions? Get a Free Demo

Contact us with any questions. Our ELD specialists can perform a demo with our ELD devices.

For more information, contact us at 888.260.9448 or info@cnsprotects.com.