Category Archives: Hours Of Service

Drivers Daily Paperwork

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Drivers Daily Paperwork

Trucking today is as much about paperwork as it is about shifting gears. In the olden days, every driver carried a log book to record their daily break down of hours: off duty, sleeper berth, driving and on duty not driving. [Okay, some drivers carried two or three log books, but that is discussed elsewhere.]

There are three primary documents a driver will maintain: Their Hours of Service log book, their Daily Mileage or Trip Log and their records of safety inspections.

Hours of Service (HOS) Log Book. Those same designed log books are still being used after 60 or 70 years with minimal changes in the format. There have been changes to the running total of hours calculations and most importantly to how the hours have to be logged. But the premise of the 4 rows to show the four classifications of activities has remained unchanged.

However, the growing government involvement in trucking as well as other management factors, has generated other levels of paperwork.

Daily Safety Equipment Inspections. One of the daily requirements now is a daily (safety) truck inspection form. Forty years ago, before taking starting his day, a driver would check that all the tires were inflated (normally the kick or thump test – which is completely insufficient), a walk around checking lights and a quick peak under the hood. Now the Federal Motor Carrier Safety Administration (FMCSA) requires not only a detailed inspection of the truck/trailer, but that it must be logged and copies maintained in the company’s safety or maintenance departments. These inspections require checking not only the tires & lights, but verifying the conditions of wheels, tire treads, airline and electrical connections, working windshield wipers, proper functions of warning lights and indicators, hoses & belts and many more equipment issues. While the original inspections were utilized by the companies to track maintenance issues, the FMCSA now views the inspections as a papertail to the unit being properly maintained and the driver assuring that the equipment is not being out with the motoring public with known mechanical and safety issues.

Daily Mileage or Trip Logs. Among the biggest changes in truck driver’s paperwork since paperwork began are the daily trip logs. Every state has always funded highway construction and maintenance with fuel taxes collected at the pump on gasoline and diesel fuel. The theory was that the roads would be funded by the vehicles driving over them as they drive they have to buy fuel which puts the money back into the state’s highway fund. This worked for cars/trucks/buses that operated exclusively with in one state. However, when trucks operate in multi-state operations, they might buy fuel in one state but drive thru several others. The state where the fuel was purchases collected the fuel taxes, but the truck used the highways in other states. As different states passed different tax rates, it could cause the fuel in adjacent states to very substantially which would result in truckers filling up in the cheaper states.

The solution: The International Fuel Tax Association or IFTA. Discussed in detail elsewhere, the IFTA is a member organization that allows for the equalization, of redistribution of the fuel taxes to the states where the mileage was driven regardless of where the fuel was purchased. Naturally, in order to achieve this solution of having taxes paid in each state accordingly, you guessed it – paperwork in the form of daily trip or mileage log. Some larger companies with satellite tracking systems hay have this automated and many companies developed their own forms – so exact information on completing the paperwork will be provided by the companies safety or compliance department.

However, in over view, it is necessary for the driver of the truck to record the truck’s mileage each time they cross a state or enter /exit a toll road. The company then on a quarterly basis will calculate the total miles driven in each state (or Canadian Territory) and then submit the information. It may be necessary for the company to pay additional fuel taxes if, for example, the majority of the fuel was purchased in a lower tax rate state but a lot of miles where driven in higher tax rate states. It is even possible for a refund if the reverse was common. In an ideal world, it will balance out and little to no additional taxes will apply. The IFTA is discussed in more detail in another posting.

Seventy years ago, the job of a truck driver was much harder because of the equipment that was available then as compared to today’s comfort cabs. However, with the invention of paperwork – the job of a truck driver is now much more complex with Hours of Service log books, daily safety inspections and daily mileage or trip reports.

 

Hours of Service (HOS) Overview

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Hours of Service for truck drivers

The Hours of Service regulations for commercial truck drivers was originally in implemented in 1938. The regulations have been regularly tweaked but have had major revisions in 1939, 1962, 2003 and 2011. The HOS specifies such things as the number of hours a driver may drive without both short and long term breaks, how many hours drivers can do other work such as load and unload, paperwork, truck maintenance and other support services.

In general, all drivers of vehicles of vehicles with a combined Gross Vehicle Weight (GVW) of 10,001 pounds or more or hauling cargo requiring HazMat placards are required to comply with HOS regulations. Local delivery drivers, while still subject to driving/duty hours requirements, may be exempt from maintaining log books (if their employer uses time clocks or other methods to monitor their activities. There are also other exemptions for select industries, certain weather events or during certain peak business days for some drivers.

The purpose and enforcement of HOS rules are strictly safety based. Contrary to comments over coffee at the local truck stop that the rules are to prevent drivers from earning money – research has repeatedly proven that the longer a driver is working the more likely they are to be involved in an accident. And the risk increases greatly the longer the driver is on duty.

Hours of Service ~ A Driver’s Guide ~ Driver Handbook (Hours of Service)

Hours of Service are divided into 4 classes of activities:

  • Off Duty: No duties or obligations
  • Sleep Berth: Resting in truck sleeper area
  • Driving: In the driver’s seat and operating the truck
  • On Duty, Not Driving: All official duties not driving

HOS activities can be recorded either with a paper log book or electronically using an Electronic On Board Recorder. Either way, the driver is responsible for accurately recording their duty status. Violations of HOS rules by drivers can result in drivers being fined or being placed out of service (truck and loads now parked and delayed). Companies can also be fined or have other actions taken against for them repeated HOS violations by their employees. One action that can be taken against companies with chronic violations is the requirement that the company install Electronic On Board Recorders in their trucks. Another factor affecting truck drivers is that if they get too many moving violations (traffic tickets), they can have their license suspended by their state’s licensing agency – which would mean they would also lose their job.

The goal of Hours of Service rules

In general, HOS regulations state that drivers must log all time as either Driving or On Duty if they are doing any form of work or if they have any obligations. Drivers may not log time spent waiting to load or unload as Off Duty unless they are actually free to leave the truck and have no responsibilities to be present.

Current HOS rules also state that a driver must get at least a 30 minute break after 8 or less hours of driving. And, the driver is entitled to 8 hours of consecutive hours of rest (either off duty or in sleeper) before beginning a new “day” of up to 11 hours of driving. Also, the driver may not drive (at all) if they have accumulated more then 11 hours of driving or 14 hours of all work activities until they have taken the required rest times and time off duty.

Your compliance with Hours of Service regulations will be followed carefully – so play by the rules and have a safe trip.

Electronic On Board Recording – EOBR

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Electronic On Board Recording devices are used by some trucking companies to track Hours of Service (HOS) compliance by drivers. These devices have been around for many years in different forms. The Federal Motor Carrier Safety Administration (FMCSA, a division of the Department of Transportation), has previously tried to require all trucking companies to install the equipment in all trucks used in interstate commerce. At this time, the FMCSA is restricted to requiring the equipment only when the carrier (or sometimes the driver) is repeatedly found in violation of the HOS rules. However, there will always be career bureaucrats in the government that will try to impose their big brother will on the public.

The theory and the justification of the use of EOBR systems is to insure that the driver(s) are getting the required (by law and common sense) rest necessary to safely operate trucks. HOS laws require 30 minute breaks at least every 8 hours, limit the number of hours of driving without breaks, limit the number of work hours total before a rest break of 8 or more hours, and the maximum number of hours/work during a typical week without substantial time off duty.

Cheating an Electronic On Board Recording system

Although the Electronic On Board Recording can track the truck if it is moving or stopped, most systems can not (automatically) detect the difference between if the driver is on lunch break in a restaurant or is sitting in the office doing paperwork. A driver that is a chronic abuser of HOS regulations will still be able to tweak their activities – but it will be far more restricted then just using a paper log book. Since the system will record when the truck is moving, it will be impossible for the driver to record time not driving when in fact they are. However, the driver could still manipulate some activities such as recording sleeper berth when they are in fact doing other chores such as truck maintenance. An example of HOS cheating with EORB is, although the HOS rules require that a driver may only start a new day of driving (driving up to 11 hours in the first 14 hours of going on-duty) after 10 consecutive hours of off-duty time (no work). But if the driver parks the truck and manually puts the EOBR in a duty status of “off-duty” for 10 hours, while the driver actually performs work and is, in fact, “on-duty” for part or all of those 10 hours. The EOBR would report the driver is permitted by the rules to start a new period of 11 hours of driving, when in fact, the driver would be in violation of the HOS rules the moment the driver begins driving the truck. The value of the EORB depends 100% on who you talk to.

 

Anti-truck groups and proponents of big brother control advocate a system that tracks driver activity to the point that it (the system) knows if the driver is even in the cab, sitting in the driver’s seat, in the bunk, etc. Some trucking companies likely would like this level of control also as they want to milk every possible of driving minute from their employees. Many truck drivers (and their company’s owners) would like to eliminate all use of EOBR system as it is an intrusion into their freedom. Some people became truck drivers to get away from the BOS (boss over shoulder) syndrome. However, EOBR have greatly increased HOS compliance, especially by habitual offenders such as drivers that carried multiple log books in an attempt to completely bypass the safety goals of HOS rest requirements.

Electronic On Board Recording devices are here to stay for the trucking industry. Rather then just complaining about them as a problem, truck drivers and trucking companies need to learn to get maximum value from the systems. EOBR systems can greatly increase driver utilization by allowing the drivers to actually get their maximum number of hours being productive. In cases where drivers are also repeatedly detained at docks waiting to load or unload, this information can be documented and the shipper billed for the delays, or at least pick up delivery schedules can be adjusted to reduce wasted time and resources.

At this time, there are no GPS or smart phone apps that qualify as an Electronic On Board Recording system, although some EOBRs contain GPS like features.