The Federal Motor Carrier Safety Administration (FMCSA) published the final rule applying to new driver hours-of-service (HOS) in the Federal Register August 25.
The new rule, which goes into effect October 1, 2005, requires drivers who use sleeper berths to take eight consecutive hours in the berth, plus another two consecutive hours off-duty. The additional two hours may be taken in or out of the berth, according to FMCSA.
The rule addresses requirements for driving, duty, and off-duty time; a recovery period, sleeper berth, and new requirements for short-haul drivers. The rule effecting tank truck drivers appears to have changed little except for the berth regulations.
The earlier HOS regulations were published April 28, 2003, but were vacated July 16, 2004, by the US Court of Appeals for the District of Columbia.
Congress subsequently provided, through the Surface Transportation Extension Act of 2004, that the 2003 regulations will remain in effect until the effective date of a new final rule addressing the issues raised by the court or September 30, 2005.
The August 25 publication of the HOS rule meets that requirement, FMCSA said.
Click here to see the rule.