Believe it or not, we’re still getting calls from drivers wondering what this new hours-of-service thing is all about. Forty-five days into 2007 and some drivers — presumably smaller fleets too — remain in the dark.

One driver from a substantial Atlantic Canadian carrier told me in mid-January that he still hadn’t received any training on the new rules.

Getting used to the new HOS rules will be a challenge for some, and the urge to stick to the old ways — or at least to make the old ways look as much as possible like the new ways — will prove irresistible for a while. So carrier safety and compliance people will need to be vigilant during the coming months.

Sure, we’ve got a period of soft, or educational, enforcement on the go right now, but we shouldn’t expect that to last all the way out to June 30 before drivers start getting tickets — and fleets a whack of NSC or CVOR points. It’s just a matter of time. (Click on the Related Stories link below for our story on how various provinces are implementing the rules at different stages).

Here’s a synopsis of what’s changed from the carrier perspective — aside from the operating rules themselves. Carriers have some new requirements to abide by as well, and these issues are often overlooked in an HOS discussion.

New Logbook Format:

Administrative change like this always bring hidden costs, and this situation is no different. The new logsheets require several bits of information previously not required, so it’s advisable to roll up all the old logbooks you have in storage and toss them into the woodstove. New ones are widely available now from the usual sources, so out with the old and in with the new.

Drivers must now retain the previous 14 days’ logs in their possession for roadside inspection, not seven, as under our old rules and in the U.S.

New Responsibilities:

The new rules place certain responsibilities on the driver and carrier — as before — but now add shippers and consignees to the named parties.

As well, the new regulation adds the burden of identifying potentially hazardous drivers who, by virtue of “impaired faculties,” might be “likely to jeopardize the safety or health of the public.” This would be above and beyond preventing drivers from driving when they are simply not in compliance with the rules, i.e., out of hours.

New Rules for Local Drivers:

Carriers are now required to keep HOS records for drivers that operate inside a 160-km air radius of the terminal. (A recent exception is Manitoba: Click on the Related Story link below for more). As before, these drivers are not required to fill out logs — except if they venture outside the circle, even for an hour. Carriers, though, must maintain records that clearly identify all duty status for each 24-hour period; state driving and on-duty time separately; indicate which cycle the driver is using; note if any off-duty deferral is being used; and record any personal use of the truck with odometer readings.

The appropriate forms are available from the usual sources, but one wonders if it might just be easier to maintain an actual logbook and be done with it. The new rules still allow drivers working in an area where multiple stops are involved to aggregate the driving and on-duty/not driving hours.

Sleeper Requirements:

The new rules speak to certain sleeper design and fitment requirements that include defining the thickness of the mattress and the need for suitable bedding — blankets, sleeping bags, pillows, etc. Inspectors now have the authority to enter the sleeper, so make sure the fleet’s sleeper vehicles are all appropriately equipped.

MISSED INTERPRETATIONS:

What follows describes certain changes that are likely to create confusion among drivers, and possibly compliance staff, among carriers that haven’t invested in professional training.

The Waiting Pool: Delays incurred at docks will be a
lot harder to hide under the new Canadian HOS rules.

Sleeper-Team Operations:

There is on-going debate over how many hours a sleeper-team driver must take off duty each day. The regs say all drivers must take 10 hours off each day, yet Section 19 seems to suggest otherwise. It reads, “(1) A team of drivers driving a commercial vehicle fitted with a sleeper berth may meet the mandatory off-duty time and daily off-duty time requirements of sections 13 and 14 by accumulating off-duty time in no more than 2 periods if:

(a) neither period of off-duty time is shorter than 4 hours; (b) the total of the 2 periods of off-duty time is at least 8 hours; …”

There’s no mention in Section 19, which pertains exclusively to team drivers, of 10 hours off duty.

However, it’s not technically possible for a team to remain compliant with the 16-hour workshift limits or the 13-hour daily driving limit without taking a total of 10 hours off each day. Due to the fact the 16-hour rule as it applies to teams allows for two sleeper berth intervals to stop the 16-hour clock, and subsequent sleeper time will not qualify as clock-stopped sleeper time, thereby placing the driver in violation of the 16-hour rule.

As well, if a team of drivers logged a 5-on-5-off rotation, one driver would exceed the 13-hour daily driving limit if no off-duty time was not taken during the day.

Suffice to say, if a team of drivers runs 4-on, 4-off, 4-on, 4-off, they’ll still have to each take two additional hours off-duty during the day — truck stopped, drivers off duty.

We’re told Transport Canada will be taking steps to clarify this issue in a future educational publication, but in the meantime, if you’re unsure how this will apply to your drivers, please seek professional advice.

U.S/Canadian Operations:

Drivers using the monthly recap sheet in the back of the log need to be aware that the U.S. and Canadian cycles are different, and it’s possible for a driver to be compliant with Canadian cycles but be in violation on the U.S. 70-hours-in-8-days cycle. Drivers can accumulate more hours in a week here than is allowed in the U.S. Remember, too, that the recap exercise is not required of drivers — but it is a darned good idea to keep it up to date. Just keep track of U.S. and Canadian hours separately.

Also note that the Americans use a 34-hour interval to facilitate a reset. Canada requires a minimum of 36. Drivers who may be getting used to the 34-hour reset might profit from a gentle reminder.

The 16-hour Workshift Limit:

This element of the new rules is bound to create problems in operations where schedules are tight. Drivers can work up to 14 hours (13 driving, one on-duty) in a 16-hour period. The remaining two hours may be taken off-duty at the driver’s discretion provided they’re no shorter than 30 minutes duration.

Drivers on scheduled runs or terminal switches will need to be carefully scheduled to avoid delays when making the switches. Carriers running Montreal-to-Toronto switches, for example, may historically make the trip in less than 13 hours driving time, but now any delays waiting for a trailer will count inside the 16-hour rule. Advise dispatchers and dock supervisors that scheduling will now be more critical than ever.

Change is always a challenge, but as some old seafarer once noted, we can’t control the winds, but we can adjust our sails. Bon Voyage.