Hours of Service - History

History

In 1938, the now-abolished Interstate Commerce Commission (ICC) enforced the first HOS rules. Drivers were limited to 12 hours of work within a 15-hour period. Work was defined as ‘‘loading, unloading, driving, handling freight, preparing reports, preparing vehicles for service, or performing any other duty pertaining to the transportation of passengers or property.’’ The ICC intended the 3-hour difference between 15 hours on-duty and 12 hours of work to be used for meals and rest breaks. The weekly maximum was limited to 60 hours over 7 days (non-daily drivers), or 70 hours over 8 days (daily drivers). These rules allowed for 12 hours of work within a 15-hour period, 9 hours of rest, with 3 hours for breaks within a 24-hour day.

Within a short time, however, representatives of organized labor (including the American Federation of Labor, the Teamsters, and the International Association of Machinists) petitioned for a stay of the original regulations. A few motor carriers made a similar request. The ICC agreed, and oral arguments were heard again. Labor wanted HOS limits of 8 hours per day and 48 hours per week. The ICC commented "there was no statistical or other information which would enable to say definitely how long a driver can safely work."

Within six months of the original ruling, the ICC ultimately decided to change the 12-hour work limit in 24 hours to a 10-hour driving limit in 24 hours, and the 15-hour on-duty limit was rescinded. Motor carriers were required to give drivers 8, rather than 9, consecutive hours off-duty each day. These rules allowed for 10 hours of driving and 8 hours of rest within a 24-hour day.

In 1962, for reasons it never clearly explained, the ICC eliminated the 24-hour cycle rule, and reinstated the 15-hour on-duty limit. With 10 hours of driving and 8 hours of sleep, drivers were allowed to maintain an 18-hour cycle, disrupting the driver's natural 24-hour circadian rhythm. This change allowed up to 16 hours of driving per day, allowing the driver to exhaust their weekly limits in as little as five days. Later, an added exception for trucks equipped with sleeper berths meant drivers were allowed to "split" their 8-hour off-duty time into two parts. With the new splitting provision, a driver could take two 4-hour periods of rest. Using one of these short rest periods would effectively "stop the on-duty clock", allowing the driver to split the 15-hour on-duty time limit into two parts as well. These rules allowed for 10 hours of work within a 15-hour time limit, and 8 hours of rest within an 18-hour day.

Between 1962 and 2003, there were numerous proposals to change the HOS again, but none were ever finalized. By this time, the ICC had been abolished, and regulations were now issued by the FMCSA. The 2003 changes applied only to property-carrying drivers (i.e., truck drivers). These rules allowed 11 hours of driving within a 14-hour period, and required 10 hours of rest. These changes would allow drivers (using the entire 14-hour on-duty period) to maintain a natural 24-hour cycle, with a bare minimum 21-hour cycle (11 hours driving, 10 hours rest). However, the retention of the split sleeper berth provision would allow drivers to maintain irregular, short-burst sleeping schedules.

The most notable change of 2003 was the introduction of the "34-hour restart." Before the change, drivers could only gain more weekly driving hours with the passing of each day (which reduced their 70-hour total by the number of hours driven on the earliest day of the weekly cycle). After the change, drivers were allowed to "reset" their weekly 70-hour limit to zero, by taking 34 consecutive hours off-duty. This provision was introduced to combat the cumulative fatigue effects that accrue on a weekly basis, and to allow for two full nights of rest (e.g., during a weekend break).

In 2005, the FMCSA changed the rules again, practically eliminating the split sleeper berth provision. Drivers are now required to take a full 8 hours of rest, with 2 hours allowed for off-duty periods, for a total of 10 hours off-duty. This provision forced drivers to take one longer uninterrupted period of rest, but eliminated the flexibility of allowing drivers to take naps during the day without jeopardizing their driving time. Today's rule still allows them to "split" the sleeper berth period, but one of the splits must be 8 hours long and the remaining 2 hours do not stop the 14-hour on-duty period. This rule is confusing and impractical for most drivers, resulting in the majority of drivers taking the full 10-hour break.

In the years since 2005, groups such as Public Citizen Litigation Group, Parents Against Tired Truckers (PATT), Owner-Operator Independent Drivers Association (OOIDA), Citizens for Reliable and Safe Highways (CRASH, which has merged with PATT), and the American Trucking Associations (ATA), have been working to change the HOS again. Each group has their own ideas about what should be changed, and different agendas on why the rules should be changed.