If you’re new to the trucking industry, you have probably noticed that the industry practically has its own language. You need to know what the FMCSA is, what a HOS report is, and when you must pay your IFTA tax. You’ll also have to understand what is meant by on-duty time.
Understanding how to categorize the hours of work is an important part of running a trucking company. If a driver does not record their hours properly, the company they work for may face disciplinary action from the Federal Motor Carriers Safety Administration. Disciplinary action can include fines or even a shutdown.
On-duty time includes all the time a driver is working or must be ready to work. It does not matter if the person is being paid or not. If a driver is required to go to a certain place or perform a certain action, they are considered on duty.
Examples Of On-duty Time Include:
- Time spent at a plant.
- Time at a motor carrier facility.
- Time spent inspecting a truck.
- Time spent doing maintenance on a truck.
- Loading and unloading trucks or supervising other people at the task.
- Time spent taking a drug test, including traveling to and from the site.
- Training.
- Time spent traveling to meals or truck stops.
- Time spent gassing up.
According to the website simplexgroup.net/dot-safety-compliance/, a driver must use an Electronic Logging Device to record their hours. ELDs are attached to a vehicle’s engine. They record a driver’s hours on the road. There are several different brands of these devices.
It’s always best to get a top-quality ELD. If you get a subpar recording device, it may record the driver’s hours incorrectly. That can cause a big problem if you’re being audited by the FMCSA. There are some compliance companies that partner with ELD manufacturers.
Rules Regarding A Driver’s Hours Of Service
Professional truck drivers cannot operate their vehicles for more than 11 consecutive hours. Their entire shift must not exceed 14 hours. This is because it is very dangerous for a person to operate a vehicle while they are fatigued.
They must have 7 hours of uninterrupted rest in their berth. A driver cannot work more than 60 hours in 7 days or 70 hours in 8 days. If a driver is overworked and tired, they will not be able to perform their job properly.
Off-duty time and berth time are different; a driver is only considered off duty if they’re relieved of duties and off work. Resting in the sleeper berth would technically be a part of a driver’s duties because it is required by the FMCSA.
It is important for any person to rest and get their mind fully off of their work. Hence, the FMCSA requires drivers have time to themselves. You must keep very detailed records of every driver that you have. You’re legally required to verify employment on any previous jobs they list on their resume.
You must check their driving records in every state they have lived in for the last 12 years. Some states may require you to do a criminal background check on a driver. It’s always a good idea, even if it’s not required. You must also store any drug tests a driver has undergone during their employment with you.
A driver’s records must be kept in an electronic file. You must start the file on the driver the day they are hired and keep the electronic records for two years after they leave the company. And you must store the driver’s hours of service electronically for six months.
Understanding all the rules and regulations about a driver’s hours is hard. It’s best to hire a company to assist you with compliance and records storage. A professional compliance company will have years of experience in FMCSA regulations because they do nothing but ensure their clients are operating according to FMCSA rules. Look for a company that operates nationally.
There are trucking regulatory boards in every state that have specific rules for companies to follow, and a compliance company will be familiar with the laws in every state. The staff will stay up to date on changes to those laws. The best companies will also be able to assist you with freight planning and purchasing insurance.
Running a trucking company is very detailed work. Making sure your drivers are not overworked and that you can prove it will help you operate safely and avoid fees.
Ella Marcotte
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