The Final Hours of Service (HOS) Rule for truck drivers has been in place since 2020. This relatively recent revision was instituted in the wake of the Federal Motor Carrier Safety Administration’s (FMCSA) reduction in HOS. The FMCSA’s changes were intended to decrease fatigue in commercial truck drivers’ fatigue, ultimately lowering the number of accidents.
The previous change reduced the maximum allowable hours in a workweek from 82 to 70. Drivers could only drive 11 hours per day, and they had to take 10 days off between shifts. On average, major carrier companies saw a 2-7% drop in productivity. Furthermore, research revealed that truck drivers were 28-38% more fatigued. To add insult to injury, they earned 67% less pay at the end of their shifts.
Overall, the HOS rule changes negatively affected the quality of life for many long-haul truckers. Because long-distance driving is already a difficult job, regulations that allow drivers to get adequate sleep should help them maintain safety without compromising productivity.
The HOS Final Rule took effect on September 29, 2020, and allows for more flexibility in maintaining on-duty schedules while reducing life-threatening fatigue. The Final Rule includes four provisions:
- 30-Minute Breaks: Drivers must take a break of at least 30 continuous minutes after eight cumulative driving hours (in place of on-duty time). This provision also permits drivers to count non-driving periods during on-duty time as breaks.
- Adverse Driving Conditions Exception: This provision extends driving time by up to two hours during hazardous weather.
- Short-Haul Exception: Short-haul drivers get an extension of 150 air miles and are allowed a 14-hour driving window.
- Sleeper Berth Provision: Drivers can satisfy their 10-hour off-duty requirement by spending at least seven hours in the berth combined with a minimum of two hours in or outside the berth. This allowance holds as long as both periods equal 10 hours or more, and they do not count against the 14-hour driving window as long as they occur together.
Chronic fatigue is a common hazard among long-haul truck drivers. The HOS Final Rule was intended to minimize losses for carrier companies while protecting drivers from unsafe working conditions. However, Ohio truck drivers may still suffer injury from performing their jobs and are eligible to file for workers’ compensation. If you are a long-haul trucker who has been injured while on duty, it is important to speak with a workers’ compensation lawyer who can inform you of your rights and best options.