The new hours-of-service (HOS) rules were published on April 28, 2003. This is the first significant change in these rules since 1940.

Any driver of an interstate commercial vehicle, including private carriers, carrying property is subject to FMCSA's rules. Buses or other vehicles that carry passengers are not affected. Because the majority of freight is moved by truckload carriers, this sector will probably feel the greatest effect. For shippers and receivers, handling just-in-time freight or international freight may also be affected.

Compliance with the new rules for interstate motor carriers and drivers begins at 12:01 a.m. on January 4, 2004. Until that date, all motor carriers must continue to work under the existing rules.

The current hours of service rules have been in effect for more than 60 years, and Congress directed FMCSA to update the rules. Along with considering changes in how the motor carrier industry does business, FMCSA updated its rules to increase driver and vehicle safety by ensuring adequate rest and off-duty times for commercial motor vehicle drivers.

Minimum driver off-duty time is increased from 8 hours to 10 hours before starting a shift. Maximum driving time is increased from 10 hours to 11 hours each shift. Total on-duty time each shift is reduced from 15 cumulative on-duty hours to 14 consecutive on-duty hours. The amount of time a driver may work each week (known as a driver's weekly clock) remains unchanged in the new rules at 60 hours in any 7 day period, or 70 hours in any 8 day period, if the trucking company is open every day. A driver may, however, reset his weekly clock to zero hours after taking at least 34 consecutive hours off-duty. The biggest change is this list of changes is the consecutive nature of a driver's 14 hour on-duty shift.

Drivers may not drive for any period of time after the end of the 14th hour since coming on duty. This new 14 consecutive hour on-duty rule is very different from the 15 hour on-duty rule that truck drivers have worked under for decades. Any recorded off-duty time (with the exception of some sleeper berth time) during the 14 consecutive hours will not extend that 14-hour period. 14 consecutive hours means 14 consecutive hours under the new rule.

The new "consecutive" nature of a driver's 14 hour workday means that the shippers and receivers must accomplish their loading or unloading as quickly as possible. Shippers and receivers who hold drivers for lengthy periods of time minimize the driver's productivity and, therefore his wages, by substantially reducing the number of hours available to drive. Motor carriers will be forced to charge the shipper for excessive waiting time (i.e., detention charges) because of the loss of driver productivity that excessive waiting time will cause.

In many trucking operations, the answer is yes. The 14 consecutive hour rule means that drivers must be able to get their trucks loaded and unloaded quickly, or valuable productivity time will be lost by the driver and the motor carrier. This potential loss in productivity will eventually affect the driver, the motor carrier, shippers and receivers. Delays will cause loss in wages for drivers, loss of revenue for motor carriers, and will limit capacity, which in turn may delay many deliveries.

If driver and carrier productivity is decreased by long wait times at customer facilities, more drivers and more capacity will be needed to meet customer demands for deliveries. The motor carrier industry has been experiencing a shortage in drivers for many years, and this driver shortage is expected to extend for many more years. An ATA study performed in the 1990's found that the motor carrier industry will have an annual shortage of at least 84,000 drivers for the foreseeable future.

Depending upon the type of trucking operation, the answer could be either yes or no. For example, drivers in some less-than-truckload (LTL) operations may be able to more productively move LTL freight between some company terminals. For many truckload operations, the 11 hours of driving time may not increase driver productivity because of the limitation of the 14 consecutive on-duty hours mentioned above.

Yes. All of the time within a driver's 14 consecutive hour time frame counts, whether it is on-duty driving, on-duty not driving, or off-duty. The only exception to this general rule is for sleeper berth time that is at least 2 hours. This is the most significant change in the new HOS rules.

If a driver runs out of hours on the road, the driver must go off-duty immediately until enough off-duty time is accumulated to qualify to go back on-duty. This may result in truck stops and rest areas becoming even more overcrowded. If a driver runs out of hours at a shipper or receiver's dock, driving to another location, such as a truck stop or rest area, is a violation of the hours of service rules. When a driver runs out of available hours while at any customer's facility, he or she must stay there until eligible to go back on-duty. Drivers should check with the customer to make sure that space is available.

Any time the driver spends loading or unloading still counts towards the 14-hour consecutive on-duty time allowed. Any freight that is "time-consuming" and creates delays will affect a driver's productive time. When drivers are required to count, load and unload, their available driving time is affected.

Shippers and receivers who require drivers to count, load or unload are really penalizing themselves because it is imperative that drivers utilize their time to move freight from one place to another as quickly and safely as possible.

Yes. Time spent waiting at border crossings, or within the customs compound, will be counted in the on-duty hours for drivers. Motor carriers that have joined border security programs, like the Free and Secure Trade/Customs-Trade Partnership Against Terrorism may be able to minimize border crossing times by their participation in these programs.

Local drivers who regularly return to their normal work-reporting location are covered by the same HOS rules as all other drivers. However, local drivers may accumulate 11 hours of driving time within 16 consecutive hours of on-duty time once every seven days provided certain conditions are met. This new rule allows some flexibility, one day a week, to local and short haul drivers.

Penalties for violations of the hours-of-service rules range from $550 to $11,000 per violation for each day the violation continues. The Federal Motor Carrier Safety Administration (FMCSA) is contemplating increasing the monetary penalties substantially. Further, FMCSA plans on placing greater enforcement emphasis on persons who "aid or abet" violations of the hours-of-service rules-this means shippers and/or receivers who set delivery and transit schedules that force drivers to violate the new hours of service rules. In addition to the federal fines, states and local jurisdictions may also assess fines. Also, motor carriers face the possibility of a downgrade in their USDOT safety rating for HOS rule violations.

It is critical that both shippers and receivers be aware of the changes in the new HOS rules, and understand their impact on trucking operations and, therefore, on their own business.

Drivers need to be able to move in and out of shipper and receiver facilities rapidly. The trucking industry needs to work with shippers and receivers on ways to reduce driver wait time. Solutions may include:

Any lost productivity for drivers and carriers may result in higher costs for customers. This is likely to be the case for shippers and receivers that delay drivers during loading and unloading of freight. The market will adjust to this as the consequences become more known.