Did Santa treat you well? Hope he made you happy. One client has inquired as to which of our clients might actually be insuring Santa? You know – fat guy, drives outdated rig, poor maintenance, hauls mostly dry freight? (Thanks for putting this thought in our head Ms. Jerrie Brannon!) I know that we all believe that Shuie can find out the most interesting of information about entities which haul other people’s property but even he has not figured that one out yet – Santa must not need a filing. Anyone going to come clean? I wonder what his loss runs look like?
We are working away on the resumé so there is not much that we want to report at this end of the year – it will all be in resume which will be out shortly. So for those of you who were actually stuck going to work this week, we give you these little bits of news:
HOURS OF SERVICE RULES – The Hours of Service of Drivers Final Rule has been published in the Federal Register. The effective date of the Final Rule is February 27, 2012, and the compliance date of selected provisions is July 1, 2013. A comparison between the old and new rules table provides:
SUMMARY OF 2011 HOS FINAL RULE PROVISIONS Changes Compared to Current Rule
PROVISION |
CURRENT RULE |
FINAL RULE COMPLIANCE DATE JULY 1, 2013 |
Limitations on minimum “34-hour restarts” |
None. |
(1) Must include two periods between 1 a.m. – 5 a.m. home terminal time. (2) May only be used once per week. |
Rest breaks |
None except as limited by other rule provisions. |
May drive only if 8 hours or less have passed since end of driver’s last off-duty period of at least 30 minutes. [HM 397.5 mandatory “in attendance” time may be included in break if no other duties performed] |
PROVISION |
CURRENT RULE |
FINAL RULE COMPLIANCE DATE FEBRUARY 27, 2012 |
On-duty time |
Includes any time in CMV except sleeper-berth. |
Does not include any time resting in a parked CMV. In moving CMV, does not include up to 2 hours in passenger seat immediately before or after 8 consecutive hours in sleeper-berth. Also applies to passenger-carrying drivers. |
Penalties |
“Egregious” hours of service violations not specifically defined. |
Driving (or allowing a driver to drive) 3 or more hours beyond the driving-time limit may be considered an egregious violation and subject to the maximum civil penalties. Also applies to passenger-carrying drivers. |
Oilfield exemption |
“Waiting time” for certain drivers at oilfields (which is off-duty but does extend 14-hour duty period) must be recorded and available to FMCSA, but no method or details are specified for the recordkeeping. |
“Waiting time” for certain drivers at oilfields must be shown on logbook or electronic equivalent as off duty and identified by annotations in “remarks” or a separate line added to “grid.” |