New York modifies hours of service for some in-state carriers

Hours-of-service requirements for motor carriers transporting petroleum products in the state of New York have been modified through Nov. 30.

An emergency order issued by the New York Department of Transportation on Nov. 16 said, “It has been determined that action is necessary to address this emergency and the threat it poses to public health and safety and that certain rules should be temporarily modified to ensure the adequate supply and delivery of vital heating and transportation fuels throughout New York state.”

Under the order, the state’s hours of service requirements (17 NYCRR 820.6) are modified for intrastate transportation of fuels performed by motor carriers between points throughout the state.

These modifications are below:

• The 70-hour maximum on-duty period in eight days is modified to be 84 hours.
• The 60-hour maximum on-duty period in seven days is modified to be 74 hours.
• The 14-hour maximum workday is modified to be 16 hours. An eight-hour off-duty period must be taken to reset the 16-hour provision.
• The 34-hour restart provision is modified to be 24 hours. Carriers may use a 24-hour off-duty period that occurred prior to the date of this order.
• On-duty time for the purposes of computing the 60/70 or 14-hour rules shall not include time spent waiting in a commercial motor vehicle while on the property of a hazardous material shipper or carrier, loading point, unloading point, or terminal immediately subsequent to or preceding loading or unloading operations.

All regulations pertaining to commercial driver license requirements, controlled substances and alcohol use and testing requirements and financial responsibility requirements remain in effect for all motor carriers and drivers through the duration of this order.

In addition, no motor carrier shall require or allow a fatigued or ill driver to operate a commercial motor vehicle. A driver who informs a motor carrier that he or she is not fit to drive shall be given a minimum of 10 consecutive off-duty hours before returning to service.

Those motor carriers with a state or federal out-of-service order in effect, or a suspension or revocation of a New York state certificate as a motor carrier of property, are not eligible to take advantage of the relief provided by this order.

Several other states, largely in the Midwest, have issued similar emergency declarations regarding fuel supply concerns. LL

More Land Line coverage of New York.