You must meet two definitions, the first is the definition of Interstate Commerce. Interstate commerce deals more with what the intent of the load or business is. The second definition is Commercial Motor Vehicle. A Commercial Motor Vehicle (CMV) is not always a large tractor trailer rig! It may be a single truck or something as small as a pickup and trailer depending on its GVWR.
Interstate commerce means trade, traffic, or transportation in the United States—
(1) Between a place in a State and a place outside of such State (including a place
outside of the United States);
(2) Between two places in a State through another State or a place outside of the United States; or
(3) Between two places in a State as part of trade, traffic, or transportation originating or terminating
outside the State or the United States.
If you're a business and your vehicle matches the following definition you are regulated!
Commercial motor vehicle means any self-propelled or towed motor vehicle used on a highway in
interstate commerce to transport passengers or property when the vehicle—
(1) Has a gross vehicle weight rating or gross combination weight rating, or gross vehicle weight or
gross combination weight, of 4,536 kg (10,001 pounds) or more, whichever is greater; or
(2) Is designed or used to transport more than 8 passengers (including the driver) for compensation; or
(3) Is designed or used to transport more than 15 passengers, including the driver, and is not used to transport passengers for compensation; or
(4) Is used in transporting material found by the Secretary of Transportation to be hazardous under 49 U.S.C. 5103 and transported in a quantity requiring placarding under regulations prescribed by the Secretary under 49 CFR, subtitle B, chapter I, subchapter C.
Read the defintions in 390.5
Thursday, December 22, 2011
U.S. Department of Transportation Takes Action to Ensure Truck Driver Rest Time and Improve Safety Behind the Wheel
WASHINGTON – U.S. Transportation Secretary Ray LaHood today announced a final rule that employs the latest research in driver fatigue to make sure truck drivers can get the rest they need to operate safely when on the road. The new rule by the U.S. Department of Transportation's Federal Motor Carrier Safety Administration (FMCSA) revises the hours-of-service (HOS) safety requirements for commercial truck drivers.
FMCSA's new HOS final rule reduces by 12 hours the maximum number of hours a truck driver can work within a week. Under the old rule, truck drivers could work on average up to 82 hours within a seven-day period. The new HOS final rule limits a driver's work week to 70 hours.
In addition, truck drivers cannot drive after working eight hours without first taking a break of at least 30 minutes. Drivers can take the 30-minute break whenever they need rest during the eight-hour window.
The final rule retains the current 11-hour daily driving limit. FMCSA will continue to conduct data analysis and research to further examine any risks associated with the 11 hours of driving time.
The rule requires truck drivers who maximize their weekly work hours to take at least two nights' rest when their 24-hour body clock demands sleep the most – from 1:00 a.m. to 5:00 a.m. This rest requirement is part of the rule's "34-hour restart" provision that allows drivers to restart the clock on their work week by taking at least 34 consecutive hours off-duty. The final rule allows drivers to use the restart provision only once during a seven-day period
Companies and drivers that commit egregious violations of the rule could face the maximum penalties for each offense. Trucking companies that allow drivers to exceed the 11-hour driving limit by 3 or more hours could be fined $11,000 per offense, and the drivers themselves could face civil penalties of up to $2,750 for each offense.
Commercial truck drivers and companies must comply with the HOS final rule by July 1, 2013.
Hours of Service Final Rule, December 2011
We will publish new hours of service info as we get it.
We're leaving these old links up for your information, but use them with CAUTION!
Need to refresh on hours of service rules? Start at the HOS pocket guide
Need to see some logbook examples? Here are 8 examples of logbooks to show you how its done!
The 2005 HOS summary (scroll down)
Hours of service frequently asked questions
Text of the 2005 final rule from FMCSA
Maximum driving time for passenger carrying vehicles
The 4 ways to accumulate a 10 hour rest period
1. 10 straight hours Off Duty
2. 10 straight hours in the Sleeper Berth
3. A combonation totaling 10 hours of Off Duty and Sleeper Berth than is
unbroken.
4. an equivalent period of 10 hours that has one rest period of at least 8 hours in the Sleeper Berth
and a separate perod of at least 2 hours but less than 10 hours in the Sleeper Berth or
any combonation.
NOTE: Any time less than 8 hours in the Sleeper Berth will count against you for the 14 hour rule!
Than includes Sleeper and Off Duty.
Read the regulation for the 4 rest options
Scroll down to 395.1(g)(1)(ii)(A) to where it reads "The term equivalent of at least 10 consecutive
hours off duty means a period of..." Then read very carefully!
Suggestion:
When you come on duty, count out 14 hours from the time you start and mark it on your log -
That's when you'll need to stop. Plan your trip accordingly!
Read the logbook regulations and guidances
Out of service rules
The out of service criteria is actually administered through the Commercial Vehicle Safety Alliance
(CVSA).
11 and 14 hour rule violations: If you drive more than 11 or 14 hours following 10 hours off duty,
you will be placed out of service until your eligibility is re-established. This can be a maximum of 10 hours.
60/70 hour rule: If you drive more than 60 hours in 7 days or 70 hours in 8 days, its the same as above.
No logbook? Plan on parking for 10 hours.
No previous 7 days: if you're more than about a day and a half behind, you can be
placed out of service for 10 hours.
