Hours of Service - Restart and breaks

September 30th, 2013

HOS.  For the most part, our drivers and contractors are adjusting to the new HOS regulations that became effective on 1 July 2013.  There are two major changes to the HOS regulations that affect our operation  – the 34 hour restart and the 30 minute break:

  34-hour Restart.   It is quite common to find that many (if not most) drivers don’t actually need to use the 34 hour restart because hours drop off after 8 days.  In fact I’ve found that in some cases the driver actually ends up with more available hours by not using the restart.  Keep in mind the following rules when considering use of the 34 hour restart :

1. You do not have to restart after being off duty for 34 consecutive hours.
2. To qualify for a 34 hour restart it must be a period of at least 34 consecutive hours off duty, sleeper berth, or a combination or, that includes two periods from 0100-0500 hours. 
3. You must wait at least 168 hours from the beginning of your last restart break before you can begin your next one.
4. If you have multiple periods of 34 hours of off duty that qualify for a restart you must choose one of the periods to use as a restart.  This choice may be made up to seven days after the fact.
5. If you choose to use the restart you must identify that intention in the remarks section of your log.  The regulations do not state exactly what this must say.  But it should at least indicate when the 34-hour period began.   The simplest way is to flag the 34^th hour and write “restart”.  Another way is to simply write “restart” followed by the time that the restart began.  I’m in the process of customizing our logs which will speed up the process when you are using the restart.

30 Minute Break.  If you are a short-haul driver this rule does not apply to you.  A short haul driver is a driver who operates within a 100 mile radius of the domiciled terminal.  There are a handful of drivers/contractors at each of the terminals at M.C. Tank Transport that fall into this category.  The remainder must not drive if they have been on duty for over eight hours unless they have taken a 30 consecutive minute break.  In order to qualify for this break, the driver must be free to do what he/she desires and has no driving or attendance duties.  In other words you are free to walk away from what you are doing.  With this in mind you cannot qualify for this break if you are required to be in attendance at a loading or unloading rack or you are re-fueling.   You may use this period if you are eating or taking care of other personal needs.  The following guidance and rules applies:

1. The most opportune time to take this 30 minute      period is between the 6^th and 8^th hour after coming      on duty.  By taking the break too      early, you may have to take a second break before the end of your 14 hour      duty day.
2. Two other considerations are to take the break      immediately following the loading/unloading period if the customer permits      you to park at their facility or immediately after re-fueling.
3. The 30 minute period must be logged as “Off Duty”,      “Sleeper Berth”, or a combination of the two.  No other comments need to be made.