FMCSA talks hours of service during Q&A session

While the FMCSA’s adverse driving conditions exception can extend a driver’s duty window up to two hours when unforeseen events occur on the road, it can’t be used for a crash that involves the driver.

Officials from the FMCSA answered this question and many more regarding the agency’s updated hours-of-service regulations during an hourlong online question-and-answer session on Thursday, Dec. 17.

The new hours-of-service rules took effect on Sept. 29. The updated rules expanded short-haul limits, revised the adverse driving condition provision, added a split-sleeper option, and modified the 30-minute break requirement.

Many of the questions submitted on Thursday involved the adverse driving conditions exception.

The provision expands the driving window during adverse driving conditions by as much as two hours. Under the previous rule, a driver could use the adverse driving conditions provision to extend their drive time for up to two hours, but they couldn’t extend their on-duty time. Consequently, the provision was seldom used.

The new rule also expands the driving window and updated the definition of adverse driving conditions to snow, ice, sleet, fog or other adverse weather conditions or unusual road or traffic conditions that couldn’t be reasonably known to a driver before the start the on-duty period or immediately after a rest period, and to a motor carrier before dispatching the driver.

That would include being delayed because of an unforeseen crash that brings traffic to a halt. However, FMCSA clarified during the Q&A session that a crash involving the driver would not qualify for the exception.

“The answer to that one is no,” said Rich Clemente, a transportation specialist for FMCSA. “If the driver is involved in an incident on the road, that would not be classified as an adverse driving under the current provisions.”

In instances when the adverse driving exception does come in play, FMCSA recommends that the driver annotate the event on the electronic logging device.

When should I record the adverse driving condition exception?

“I would suggest annotating it when the condition occurs,” Clemente said. “That is when the additional hours of time are going to be added or needed … My recommendation would be to annotate it when the condition occurs.”

Is there any ‘proof’ required when utilizing the adverse driving provision?

“There is nothing in the regulations as far as proof …,” said Joe DeLorenzo, FMCSA’a acting associating administrator for enforcement. “There’s no documentation per se that has to be held or whatever because of the adverse driving. It should be annotated on the ELD or the log.”

Several questions involved the new sleeper berth provision, which modifies the exception to allow drivers to take their 10 hours off-duty in two periods, provided one off-duty period (whether in or out of the sleeper berth) is at least two hours long and the other involves at least seven consecutive hours spent in the sleeper. Neither period counts against the maximum 14-hour driving window.

The split could be 8/2, 7/3, or even 7.5/2.5.

What if a driver is stopped for an inspection in between two intended rest periods?

“In this case, if you get stopped the assumption is going to be that you are going to take that qualifying matching break sometime before you go into violation,” DeLorenzo said.

Another sleeper berth question involved a driver who took a two-hour break that needs to be excluded from the 14 hours in order to be in compliance. According to the question, the driver then arrived at home.

Is that driver required to go into the sleeper berth for eight hours in order to avoid the violation? Or can the driver go to his bed inside his house for 10 hours instead?

“Either of those options are sufficient,” DeLorenzo said.

More questions

A recording of the webinar will be posted on FMCSA’s hours-of-service webpage for people who were unable to attend the live session.

FMCSA also has created a fact sheet to help commercial motor vehicle drivers navigate through the rule changes. LL

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