Driver's Hours of Service
A carrier is subject to the hours of service regulations in Utah if it operates vehicles that are:
- Over 10,000 pounds gross vehicle weight rating or gross combination weight rating in either interstate or intrastate commerce.
- Designed or used to transport 15 or more passengers, including the driver.
- Any size vehicle transporting hazardous material of a type or quantity that requires the vehicle to be placarded.
Utah does not exempt agricultural operations, ground water well drilling operations, construction materials and equipment operations from the hours of service regulations.
However, in the instance of a driver who is primarily in the transportation of construction materials and equipment, as defined under
49 CFR Part 395.2, to and from an active construction site, any period of seven or eight consecutive days may end with the beginning of any off-duty period of 34 or more successive hours.
PASSENGER CARRIERS
Passenger carriers may not permit or require a driver to drive, and no driver shall drive a passenger-carrying vehicle after:
- 10 hours driving time following eight consecutive hours off duty.
- Being on duty 15 hours following eight consecutive hours off-duty.
- Being on duty 60 hours in any seven consecutive days if the carrier does not operate every day of the week.
- Being on duty 70 hours in any eight consecutive days if the carrier operates every day of the week.
PROPERTY CARRIERS
Property carriers may not permit or require a driver to drive and no driver shall drive a property-carrying vehicle after:
- 11 cumulative hours following 10 consecutive hours off duty.
- For any period after the end of the 14th hour after coming on duty following 10 consecutive hours off duty.
- Being on duty 60 hours in any seven consecutive days if the carrier does not operate every day of the week.
- Being on duty 70 hours in any eight consecutive days if the carrier operates every day of the week.
For a property carrier, any period of seven or eight consecutive days may end with the beginning of any off duty period of 34 or more consecutive hours.
There are four phases of driver's time:
On-Duty Time is all time a driver spends performing work or being ready to work, until being relieved by the carrier of all responsibility. On-Duty Time also includes any compensated work performed by the driver for a non-motor carrier entity.
Driving time is all time spent at the driving controls of a commercial motor vehicle in operation.
Off-Duty means the driver has been relieved of all responsibilities for the vehicle and its cargo or passengers and the driver is free to pursue activities of their own choosing.
Sleeper-Berth means all time spent in the sleeper-berth.
Carriers must maintain true and accurate records showing a driver's hours of service. Drivers who are subject to the hours of service regulations must record their daily activities on a record of duty status (RODS or log book), unless they meet all of the conditions for the 100 air-mile radius driver. The following is an example showing the required information on the daily log.
Items that must be included in log book:
- Date
- Total miles driving today
- Truck or tractor and trailer number
- Name of Carrier
- Driver's signature/certification
- 24-hour period starting time
- Main office address
- Remarks
- Name of co-driver
- Total hours (far right)
- Shipping document numbers(s), or name of shipper and commodity.
SHORT HAUL OPERATIONS - 100 AIR-MILE RADIUS DRIVER
49 CFR Part 395.1(e)
When a driver operates and stays within a 100 air-mile radius of their normal work reporting locations, a logbook does not have to be maintained if the following requirements are met:
- The driver operates within a 100 air-mile radius of the normal work reporting location.
- The driver, except a driver salesperson, returns to the work reporting location and is released from work within 12 consecutive hours.
- A property-carrying commercial motor vehicle driver has at least 10 hours off duty separating each 12 hours on duty.
- A passenger-carrying commercial motor vehicle driver has at least eight consecutive hours off duty separating each 12 hours on duty.
- A property-carrying commercial motor vehicle driver does not exceed 11 hours maximum driving time following 10 consecutive hours off duty, or
- A passenger-carrying commercial motor vehicle driver does not exceed 10 hours maximum driving time following eight consecutive hours off duty; and
- The motor carrier that employs the driver maintains and retains for a period of six months accurate and true time records showing:
- The time the driver reports for duty each day
- The total number of hours the driver is on duty each day
- The time the driver is released from duty each day, and
- The total time for the preceding 7 days in accordance with 49 CFR 395.8(j)(2) for drivers used for the first time or intermittently.
NON-CDL - 150 AIR-MILE RADIUS DRIVER
49 CFR 395.1(e)(2)
When a driver operates and stays within a 150 air-mile radius of their normal work reporting locations, a logbook does not have to be maintained if the following requirements are met:
- The driver operates a property-carrying commercial motor vehicle for which a commercial driver's license is not required under 49 CFR 383;
- The driver operates within a 150 air-mile radius of the location where the driver reports to and is released from work, i.e., the normal work reporting location;
- The driver returns to the normal work reporting location at the end of each duty tour;
- The driver has at least 10 consecutive hours off duty separating each on-duty period;
- The driver does not drive more than 11 hours following at least 10 consecutive hours off duty;
- The driver does not drive:
- After the 14th hour after coming on duty on five days of any period of seven consecutive days; and
- After the 16th hour after coming on duty on two days of any period of seven consecutive days;
- After having been on duty for 60 hours in seven consecutive days if the employing motor carrier does not operate commercial motor vehicles every day of the week;
- After having been on duty for 70 hours in eight consecutive days if the employing motor carrier operates commercial motor vehicles every day of the week
- Any period of seven or eight consecutive days may end with the beginning of any off-duty period of 34 or more consecutive hours;
- The motor carrier that employs the driver maintains and retains for a period of six months accurate and true time records showing;
- The time the driver reports for duty each day;
- The total number of hours the driver is on duty each day;
- The time the driver is released from duty each day; and
- The total time for the preceding seven days in accordance with 49 CFR 395.8(j)(2) for drivers used for the first time or intermittently.
RECORD RETENTION
Hours of service records (logbooks or time sheets and supporting documents) must be maintained and retained by the carrier for a period of at least six months.
If you or your trucking company have questions about Hours of Service violations or questions about compliance with these regulations, the attorneys at the law firm of Bostwick & Price, P.C. are available to answer your questions and concerns.
www.bostwickprice.com
