Proposed Changes to FMCSA “Hours of Service” Rules

​The Federal Motor Carrier Safety Administration (FMCSA) governs safety for commercial truck drivers. One important rule revolves around how much consecutive time a commercial driver may operate a vehicle without a mandated period of rest. These rules also set requirements for how many hours drivers can operate a truck over the course of a week. These long-standing “hours of service” rules protect highways by making an effort to minimize potentially unsafe truck drivers.

In August, the FMCSA proposed revisions to these rules. The U.S. Transportation Secretary Elaine Chao recently indicated the goal of these changes is “to enhance safety by giving America’s commercial drivers more flexibility while maintaining the safety limits on driving time.” The proposed changes are below.

• Allow drivers to split their required 10 hours off duty into two periods: 1) at least seven consecutive hours in the sleeper berth; and 2) at least two consecutive hours off duty or in the sleeper berth.
• One off-duty break of at least 30 minutes, but not more than three hours, that would pause a truck driver’s 14-hour driving window.
• Triggering the break requirement by eight hours of driving time without an interruption of at least 30 minutes.  The break would also be satisfied by a driver using “on duty, not driving status”, rather than “off duty”.
• Under adverse conditions, the proposed rule would extend by two hours the maximum window for driving.
• Changing the short-haul exception to lengthen the drivers’ maximum on duty period from 12 to 14 hours, and to extend the distance limit within which the driver may operate from 100 air miles to 150 air miles.

These changes grant drivers more flexibility in setting their hours and planning their routes. Proponents of these amendments acknowledge that truck drivers are the primary highway safety advocates at the best at determining their ability to drive safely. Opponents say the changes may lead to an increase in the number of accidents. Ultimately, only time will determine if these changes lead to safety improvements or not.  

Commercial insurance carriers will watch the impact of these changes on safety closely. Given the challenging commercial auto/truck insurance market, any increase in the number of commercial truck accidents, will directly lead to further increases in insurance premiums for operators. Truck drivers desire the autonomy and flexibility offered by these changes. Therefore, we can only hope this will lead to positive improvements throughout the industry.