9/29 Hours of Service Rule Changes

Summary

The FMCSA has introduced changes to 4 Hours of Service rules. These changes will go into effect September 29, 2020. Samsara will support these changes in our Driver App and Cloud Dashboard. Drivers will need to be on the latest version of the app in order to log under the new rules. The appropriate version of the app is now available in Google Play and Apple App stores. ]

Note: The 30 minute - 3 hour Off Duty Pause rule that was discussed in an early version of the proposed rule changes was NOT included as part of the final rule.

FMCSA:

As explained elsewhere in the preamble, FMCSA has decided that further information is needed concerning the potential for unintended consequences associated with the pause and therefore has not included that provision in this final rule.

Note: On 9/29, dashboard users will see logs and hours available according to the new rules, regardless if drivers are on the latest app version. We recommend drivers upgrade to the latest Driver App version to ensure consistency. The dashboard will show the new rules, as this is what DOT will evaluate drivers under for roadside inspections or in-house audits.

Driver App Version

As long as drivers have the appropriate Driver App version, they will not need to do anything special on 9/29 to log under the new rules. The Driver App will automatically adjust the clocks to have the new behavior for shifts that start on 9/29.

Driver App version: 46.13 (6460) and above is required.

For users that utilize an MDM, the Android .apk file can be downloaded here. This is the most recent version (6544).

Driver App version can be checked in the Driver App:

Cloud Dashboard: Overview -> Drivers

Additional Resources

HOS Rule Changes Webinar Recording

HOS Rule Changes Webinar Slides

Rule Changes

There are 4 modifications to existing Hours of Service rules. You can read more about these in our blog post: Understanding the Final Rule on HOS: 4 Key Changes

1. 30 Minute Break Period

How does this impact your fleet? These changes to the 30-minute break period provide drivers with more flexibility in how they perform their non-driving tasks, allow them to be more efficient, and may help them more easily complete routes.

2. Split-sleeper Berth Exception

How does this impact your fleet? This change gives drivers additional flexibility in how they take their off-duty time, which may allow them to plan their schedules and work more efficiently.

3. Adverse Driving Conditions Exception

How does this impact your fleet? Drivers using the adverse driving condition exception will now have the flexibility to safely wait out adverse driving conditions or drive at a slower speed to avoid any incidents.

4. Short-haul Air-Mile Radius Exception

How does this impact your fleet? This change makes more drivers eligible to use the short-haul exception. By allowing short-haul drivers to be on-duty longer, it may also increase productivity.

Samsara Support for HOS Rule Changes

30 Minute Break Period

These changes are best understood by seeing how the Driver App will change.

Current Rules

9/29 Rules

“Until Break” clock counts down as soon as driver enters an On Duty status at the beginning of the day or when the driver comes back from a 30 minute Off duty period.
Clock will only reset if a 30 minute consecutive Off Duty status period has been met.

“Until Break” clock counts down with accumulated Drive time.
Clock will only reset if a 30 minute consecutive non-Driving duty status period has been met.

On Duty time will count down the “Until break” clock. It will only reset once 30 minutes of Off Duty time has been accumulated.

“Until break” clock does NOT count down when going On Duty.

“Until break” clock counts down once in Driving duty status.

Split-Sleeper Berth Exception

These changes are best understood by seeing a log book example and how each split period behaves with the new rules.

Current Rules

9/29 Rules

Drivers using SB are able to take their 10 hour Off Duty reset in 2 periods:
- One period of SB of at least 8 hours (does not count towards the shift)
- One period of OFF or SB of at least 2 hours (counts against the shift)
- The combined periods must add up to at least 10 hours
- The new shift calculation points starts at the end of the first split period

Drivers using SB are able to take their 10 hour Off Duty reset in 2 periods:
- One period of SB of at least 7 hours (does not count towards the shift)
- One period of OFF or SB of at least 2 hours (does not count towards the shift)
- The combined periods must add up to at least 10 hours
  - With the new rules, this can be done with 7 SB and 3 OFF
- The new shift calculation points starts at the end of the first split period
8-hour sleeper-berth period by itself can no longer
be excluded from the 14-hour driving window

Current Rules: Dashboard Example

Current Rules: Driver App (Point 2)

14 Shift Limit - 7:30 Drive - 2:00 OFF = ~4:30 Shift remaining

11 Drive Limit - 7:30 Drive = ~3:30 Drive remaining

9/29 Rules: Dashboard Example

9/29 Rules: Driver App (Point 2)

14 Shift Limit - 6:15 Drive - 0:13 ON = ~7:30 Shift remaining (Note: 3 OFF does not impact Shift Remaining)

11 Drive Limit - 6:15 Drive = ~4:45 Drive remaining

Adverse Driving Conditions Exception

These changes are best understood by seeing how the Driver App will change.

Current Rules	9/29 Rules
Claiming exemption will increase: Drive clock by 2 hours (11 → 13)	Claiming exemption will increase: Drive clock by 2 hours (11 → 13) Shift clock by 2 hours (14 → 16)

Short-haul Air-Mile Radius Exception

These changes are best understood by seeing how the Driver App will change. Drivers who are currently configured to the 100 air-mile radius setting will automatically be transitioned to the 150 air-mile radius change. Please note that this feature is currently in beta.

Current Rules	9/29 Rules
12 hour Shift clock If using Property or Passenger short-haul air-mile rule-sets, driver will be taken out of short-haul when crossing 100 air-mile radius from the driver start location	14 hour Shift clock If using Property or Passenger short-haul air-mile rule-sets, driver will be taken out of short-haul when crossing 150 air-mile radius from the driver start location

Frequently Asked Questions

Can you describe what the these HOS Rule Changes are?

Please see our Samsara Blog Post on HOS Rule Changes Final Rule that highlights these changes in detail.

When will these rule changes go into effect?

September 29, 2020

Will the Samsara dashboard adjust to the new rules?

Yes, the dashboard will now evaluate logs under the new rules. This new evaluation will only apply to logs from 9/29/2020 and onwards.

What will my drivers need to do to see the new rule changes?

Drivers will need to make sure they are on the latest version of the Driver App. All other changes will happen automatically. The appropriate app version is now available in Google Play and Apple App stores.

What will I need to do to update my Driver App version?

Drivers will need to update their driver apps by navigating to the Google Play or Apple App Store and verifying they are on the most recent app version available on the week of 9/7/2020.

What happens if my driver has a shift that spans from 9/28 into 9/29?

The rule changes will only apply to NEW shifts that start on 9/29 or later.

How will the FMCSA incorporate these changes?

FMCSA will modify their system to evaluate HOS logs transferred from Samsara under the new rule changes. No additional annotations or remarks are required by drivers to signal using the new rules.

What does this mean for my drivers?

As these new HOS rules are more forgiving, drivers will have increased flexibility to complete their breaks and perform their daily driving.

Does this On Duty break apply to Yard Move?

Yes, drivers are able to move trucks in the yard using the YM duty status without needing to redo their 30 minute break.

Is the 30 minute consecutive non-driving break requirement needed after 8 hours of consecutive drive or 8 hours of accumulated drive time?

This is a commonly asked question by carriers. FMCSA has made it clear that a 30 minute non-driving rest break must be taken before 8 hours of cumulative Driving has occurred. A driver would NOT be able to drive for 7 hours, take a 1 minute break, then drive for an additional 4 hours without taking a 30 minute break.

Here is an example:

Bob goes into DRIVING status at 0800 and drives until 1200 (4 hours). He then goes ON DUTY - NOT DRIVING until 12:15 (15 minutes). At 12:15 Bob resumes DRIVING status until 16:30 (4 hours and 15 minutes). Bob has now been in DRIVING status for a total of 8 hours and 15 minutes and he has not had a 30 minute non-driving status. Will Samsara flag Bob with a 30 minute break violation for his DRIVING time that occurred from 16:15 until 16:30 since his total DRIVING time exceeded 8 hours at 16:15? Or is Bob OK since he has not had a DRIVING period that extended for a continuous 8 hour period of time?

Bob would have a 15 minute rest break violation from 16:15 to 16:30, as he did not take a 30 minute consecutive non-driving break before reaching 8 hours of accumulated Drive time. The Samsara “Until Break” clock will only reset if a 30 minute consecutive non-driving duty status has been met.

Under the new split-sleeper provision, what happens if my drivers take more than 3 hours of Off Duty with their 7 hours of Sleeper Berth?

Any additional time after the 10 hours of met split-sleeper will not count towards the shift as long as the minimum of: at least 7 SB and at least 2 OFF/SB, with both periods adding up to 10 hours is met. So, if a driver takes an 8 SB paired with a later 4 OFF, neither the 8 nor the 4 hour periods would count towards the driver’s shift time. The new shift calculation start point would be at the end of the 8 hour period.

I have drivers on the 100 air-mile exemption. Do I need to change their setting on 9/29?

No, the change from 100 to 150 will happen automatically for these drivers on 9/29. Admins and drivers will not need to do anything special on this date.

What happens if my drivers do not have the updated app version after 9/29?

Drivers will potentially see incorrect violation notifications if they log hours according to the new rules. The Samsara dashboard will evaluate all drivers, regardless of app version, according to the new rules. There may be violations present in the Driver App that do not appear in the dashboard, because the Driver App is being evaluated on the older, stricter rules. FMCSA road-side inspection transfers will not be adversely impacted, as the FMCSA eRODS system will evaluate the raw data of the logs on the new rules.

Do these changes impact drivers on state rule-sets?

No, these changes are only for US Federal Property and US Federal Passenger drivers.

Its past 9/29 and I haven’t updated my App. What do I do?

We recommend updating your app at the earliest convenience. You are still able to log under the new rules, but you will potentially see incorrect violations on the Driver App and dashboard, as the time is being evaluated on the old rules.

Summary

Additional Resources