Mail Stop 430 Tel: 651-366-4177
395 John Ireland Blvd. E-mail:
St. Paul, MN 55155
TECHNICAL ASSISTANCE BRIEF
Date: April 1, 2014
To: Greater Minnesota Public Transit Operators
From: Sarah Brodt Lenz, Greater Minnesota Public Transit Coordinator
Subject: Hours of Service
The purpose of this technical assistance brief is to clarify Federal Motor Carrier Safety Regulations relative to Hours of Service for public transit drivers. Many Greater Minnesota public transit operators employ part-time drivers who may have other part time jobs. Hours of Service apply to all employment, not just the time spent driving a commercial motor vehicle.
Public transit managers should refresh their understanding of the Hours of Service rules. In hiring part-time employees it is permitted to ask about other positions and explain the ramifications of the 10 hour duty requirements.
Essentially, public transit drivers who have more than one job must to document their hours of service so that they do not exceed the legal threshold on duty hours.
Here is the section from the FMCSA regulations Part 395.2 that discusses the topic.
On-duty time means all time from the time a driver begins to work or is required to be in readiness to work until the time the driver is relieved from work and all responsibility for performing work. On-duty time shall include:
(1) All time at a plant, terminal, facility, or other property of a motor carrier or shipper, or on any public property, waiting to be dispatched, unless the driver has been relieved from duty by the motor carrier;
(2) All time inspecting, servicing, or conditioning any commercial motor vehicle at any time;
(3) All driving time as defined in the term driving time;
(4) All time in or on a commercial motor vehicle, other than:
(i) Time spent resting in or on a parked vehicle, except as otherwise provided in §397.5 of this subchapter;
(ii) Time spent resting in a sleeper berth; or
(iii) Up to 2 hours riding in the passenger seat of a property-carrying vehicle moving on the highway immediately before or after a period of at least 8 consecutive hours in the sleeper berth;
(5) All time loading or unloading a commercial motor vehicle, supervising, or assisting in the loading or unloading, attending a commercial motor vehicle being loaded or unloaded, remaining in readiness to operate the commercial motor vehicle, or in giving or receiving receipts for shipments loaded or unloaded;
(6) All time repairing, obtaining assistance, or remaining in attendance upon a disabled commercial motor vehicle;
(7) All time spent providing a breath sample or urine specimen, including travel time to and from the collection site, to comply with the random, reasonable suspicion, post-crash, or follow-up testing required by part 382 of this subchapter when directed by a motor carrier;
(8) Performing any other work in the capacity, employ, or service of, a motor carrier; and
(9) Performing any compensated work for a person who is not a motor carrier.
The key thing to remember is that the driver must have had 8 hours of rest before coming on duty his or her job. The second major point is that a person cannot be on duty for more than 15 hours without the 8 hour break. Finally, driving time cannot exceed 10 hours within the 15 hour on duty window. A further consideration is the number of cumulative hours a driver may work in rolling seven or eight day period depending on whether the transit system operates five, six or seven days a week.
A graphic example and instructions on how to keep a driver log is shown in FMCSA regulations Part 395.8. The regulations provide additional detail on how records should be maintained under and electronic system.
An additional resource that can help you discern whether a driver with two jobs falls under the Hours of Service limitations can be found at:
MnDOT Office of Commercial Vehicle Operations Fact Sheet: http://www.dot.state.mn.us/cvo/factsheets/hrs_service.pdf
Attached is a sample DRIVER STATEMENT OF ON-DUTY HOURS (Intermittent Driver) form that can be used when you employ a driver who has another job.
The MnDOT subject matter expert on Hours of Service is:
Scott Swanson
MnDOT District 6
Transportation Program Specialist
Phone: 507-304-6246
Fax: 507-304-6247
DRIVER STATEMENT OF ON-DUTY HOURS
(Intermittent Driver)
INSTRUCTIONS: Motor carriers when using a driver for them intermittently shall obtain from the driver a signed statement giving the total time on-duty during the immediately preceding 7 days and time at which such driver was last relieved from duty prior to beginning work for such carrier. Rule 395.8(j)(2) Federal Motor Carrier Safety Regulations. NOTE: Hours for any compensated work during the preceding 7 days, including work for a non-motor carrier entity, must be recorded on this form.
Driver Name (Print)
Social Security Number
Driver’s License State: Number: Class: Endorsement(s): Restriction(s):
Type of License Issuing State:
DAY / 1(Yesterday) / 2 / 3 / 4 / 5 / 6 / 7
DATE
HOURS
WORKED / TOTAL HOURS
I hereby certify that the information given above is correct to the best of my knowledge and belief, and that I was last relieved from work at
A.M.
P.M. On
Time Day Month Year
Driver’s Signature Date
DRIVER CERTIFICATION FOR OTHER COMPENSATED WORK
INSTRUCTIONS: when employed by a motor carrier, a driver must report to the carrier all on-duty time including time working for other employers. The definition of on-duty time found in Section 395.2 paragraphs (8) and (9) of the Federal Motor Carrier Safety Regulations, includes time performing any other work in the capacity of, or in the employ or service of, a common, contract or private motor carrier, also performing any compensated work for any non-motor carrier entity.
(Circle One)
Are you currently working for another employer? Yes No
At this time, do you intend to work for another employer while still employed by this
Company? Yes No
I hereby certify that the information given above is true and I understand that once I become employed with this company, if I begin working for any additional employer(s) for compensation that I must inform this company immediately of such employment activity.
Driver’s Signature Date
WITNESS
Company Representative Date
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