The CURRENT 2005 DOT Changes AND The NEW Patriot Act HazMat Changes
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CURRENT Abbreviated Commercial Drivers 2005 DOT Changes (What Are They?) 
            (READ IT HERE NOW)
            List of Subjects

			49 CFR Part 385

			Administrative practice and procedure, Highway safety, Motor
			carriers, Motor vehicle safety, Reporting and recordkeeping
			requirements.

			49 CFR Part 390

			Highway safety, Intermodal transportation, Motor carriers, Motor
			vehicle safety, Reporting and recordkeeping requirements.

			49 CFR Part 395

			Highway safety, Motor carriers, Reporting and recordkeeping
			requirements.

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			In consideration of the foregoing, FMCSA amends 49 CFR, chapter III,
			parts 385, 390, and 395 as set forth below:

			PART 385--SAFETY FITNESS PROCEDURES

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			1. The authority citation for part 385 continues to read as follows:

			Authority: 49 U.S.C. 113, 504, 521(b), 5105(e), 5109, 5113,
			13901-13905, 31136, 31144, 31148, and 31502; Sec. 350 of Pub. L.
			107-87; and 49 CFR 1.73.


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			2. Amend appendix B to part 385 as follows:
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			a. Revise section II.(c) as follows;
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			b. Amend section VII as follows:
			(i) Revise the citations and text for Sec. Sec. 395.1(h)(1)(i)
			through (h)(1)(iv) and 395.3(a)(1) through 395.3(b)(2) as follows; and
			(ii) Revise the citations and text for Sec. Sec. 395.1(h)(2)(i)
			through (h)(2)(iv), 395.1(o), and 395.3(c)(1) through 395.5(b)(2) as
			follows:

			Appendix B to Part 385 Explanation of Safety Rating Process

			* * * * *

			II. Converting CR Information Into a Safety Rating

			* * * * *
			(c) Critical regulations are those identified as such where
			noncompliance relates to management and/or operational controls.
			These are indicative of breakdowns in a carrier's management
			controls. An example of a critical regulation is Sec. 395.3(a)(1),
			requiring or permitting a property-carrying commercial motor vehicle
			driver to drive more than 11 hours.
			* * * * *

			VII. List of Acute and Critical Regulations.

			* * * * *
			Sec. 395.1(h)(1)(i) Requiring or permitting a property-carrying
			commercial motor vehicle driver to drive more than 15 hours (Driving
			in Alaska) (critical).
			Sec. 395.1(h)(1)(ii) Requiring or permitting a property-
			carrying commercial motor vehicle driver to drive after having been
			on duty 20 hours (Driving in Alaska) (critical).
			Sec. 395.1(h)(1)(iii) Requiring or permitting a property-
			carrying commercial motor vehicle driver to drive after having been
			on duty more than 70 hours in 7 consecutive days (Driving in Alaska)
			(critical).
			Sec. 395.1(h)(1)(iv) Requiring or permitting a property-
			carrying commercial motor vehicle driver to drive after having been
			on duty more than 80 hours in 8 consecutive days (Driving in Alaska)
			(critical).
			Sec. 395.1(h)(2)(i) Requiring or permitting a passenger-
			carrying commercial motor vehicle driver to drive more than 15 hours
			(Driving in Alaska) (critical).
			Sec. 395.1(h)(2)(ii) Requiring or permitting a passenger-
			carrying commercial motor vehicle driver to drive after having been
			on duty 20 hours (Driving in Alaska) (critical).
			Sec. 395.1(h)(2)(iii) Requiring or permitting a passenger-
			carrying commercial motor vehicle driver to drive after having been
			on duty more than 70 hours in 7 consecutive days (Driving in Alaska)
			(critical).
			Sec. 395.1(h)(2)(iv) Requiring or permitting a passenger-
			carrying commercial motor vehicle driver to drive after having been
			on duty more than 80 hours in 8 consecutive days (Driving in Alaska)
			(critical).
READ**->	Sec. 395.1(o) Requiring or permitting a property-carrying
			commercial motor vehicle driver to drive after having been on duty
			16 consecutive hours (critical).
READ**->	Sec. 395.3(a)(1) Requiring or permitting a property-carrying
			commercial motor vehicle driver to drive more than 11 hours
			(critical).
READ**->	Sec. 395.3(a)(2) Requiring or permitting a property-carrying
			commercial motor vehicle driver to drive after the end of the 14th
			hour after coming on duty (critical).
READ**->	Sec. 395.3(b)(1) Requiring or permitting a property-carrying
			commercial motor vehicle driver to drive after having been on duty
			more than 60 hours in 7 consecutive days (critical).
READ**->	Sec. 395.3(b)(2) Requiring or permitting a property-carrying
			commercial motor vehicle driver to drive after having been on duty
			more than 70 hours in 8 consecutive days (critical).
READ**->	Sec. 395.3(c)(1) Requiring or permitting a property-carrying
			commercial motor vehicle driver to restart a period of 7 consecutive
			days without taking an off-duty period of 34 or more consecutive
			hours (critical).
READ**->	Sec. 395.3(c)(2) Requiring or permitting a property-carrying
			commercial motor vehicle driver to restart a period of 8 consecutive
			days without taking an off-duty period of 34 or more consecutive
			hours (critical).
			Sec. 395.5(a)(1) Requiring or permitting a passenger-carrying
			commercial motor vehicle driver to drive more than 10 hours
			(critical).
			Sec. 395.5(a)(2) Requiring or permitting a passenger-carrying
			commercial motor vehicle driver to drive after having been on duty
			15 hours (critical).
			Sec. 395.5(b)(1) Requiring or permitting a passenger-carrying
			commercial motor vehicle driver to drive after having been on duty
			more than 60 hours in 7 consecutive days (critical).
			Sec. 395.5(b)(2) Requiring or permitting a passenger-carrying
			commercial motor vehicle driver to drive after having been on duty
			more than 70 hours in 8 consecutive days (critical).
			* * * * *

			PART 390--FEDERAL MOTOR CARRIER SAFETY REGULATIONS; GENERAL

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			3. The authority citation for part 390 is revised to read as follows:

			Authority: 49 U.S.C. 508, 13301, 13902, 31133, 31136, 31502,
			31504, and sec. 204, Pub. L. 104-88, 109 Stat. 803, 941 (49 U.S.C.
			701 note); sec. 114, Pub. L. 103-311, 108 Stat. 1673, 1677; sec.
			217, Pub. L. 106-159, 113 Stat. 1748, 1767; and 49 CFR 1.73.


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			4. Revise paragraphs (b) and (c) of Sec. 390.23 to read as follows:


			Sec. 390.23 Relief from regulations.

			* * * * *
			(b) Upon termination of direct assistance to the regional or local
			emergency relief effort, the motor carrier or driver is subject to the
			requirements of parts 390 through 399 of this chapter, with the
			following exception: A driver may return empty to the motor carrier's
			terminal or the driver's normal work reporting location without
			complying with parts 390 through 399 of this chapter. However, a driver
			who informs the motor carrier that he or she needs immediate rest must
			be permitted at least 10 consecutive hours off duty before the driver
			is required to return to such terminal or location. Having returned to
			the terminal or other location, the driver must be relieved of all duty
			and responsibilities. Direct assistance terminates when a driver or
			commercial motor vehicle is used in interstate commerce to transport
			cargo not destined for the emergency relief effort, or when the motor
			carrier dispatches such driver or commercial motor vehicle to another
			location to begin operations in commerce.
			
                        (c) When the driver has been relieved of all duty and
			responsibilities upon termination of direct assistance to a regional or
			local emergency relief effort, no motor carrier shall permit or require
			any driver used by it to drive nor shall any such driver drive in
			commerce until:
			  (1) The driver has met the requirements of Sec. Sec. 395.3(a) and
			  395.5(a) of this chapter; and
			  (2) The driver has had at least 34 consecutive hours off-duty when:

			[[Page 50071]]

			(i) The driver has been on duty for more than 60 hours in any 7
			consecutive days at the time the driver is relieved of all duty if the
			employing motor carrier does not operate every day in the week, or
			
                        (ii) The driver has been on duty for more than 70 hours in any 8
			consecutive days at the time the driver is relieved of all duty if the
			employing motor carrier operates every day in the week.

			PART 395--HOURS OF SERVICE OF DRIVERS

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			5. The authority citation for part 395 continues to read as follows:

			Authority: 49 U.S.C. 504, 14122, 31133, 31136, and 31502; sec.
			113, Pub. L. 103-311, 108 Stat. 1673, 1676; and 49 CFR 1.73.


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			6. Add Sec. 395.0 to read as follows:


			Sec. 395.0 Rescission.

			Any regulations on hours of service of drivers in effect before
			April 28, 2003, which were amended or replaced by the final rule
			adopted on April 28, 2003 [69 FR 22456] are rescinded and not in
			effect.

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			7. Section 395.1 is amended by revising paragraphs (a)(1), (b)(1), (e),
			(g), (h), (j), (k), and (o) to read as follows:


			Sec. 395.1 Scope of rules in this part.

			* * * * *
			(a) General.

			 (1) The rules in this part apply to all motor carriers
			 and drivers, except as provided in paragraphs (b) through (o) of this
			 section.
	*WEATHER* * * * *
			(b) Adverse driving conditions.

			 (1) Except as provided in paragraph
			 (h)(2) of this section, a driver who encounters adverse driving
			 conditions, as defined in Sec. 395.2, and cannot, because of those
			 conditions, safely complete the run within the maximum driving time
			 permitted by Sec. Sec. 395.3(a) or 395.5(a) may drive and be permitted
			 or required to drive a commercial motor vehicle for not more than 2
			 additional hours in order to complete that run or to reach a place
			 offering safety for the occupants of the commercial motor vehicle and
			 security for the commercial motor vehicle and its cargo. However, that
			 driver may not drive or be permitted to drive--

	***-->	  (i) For more than 13 hours in the aggregate following 10
			  consecutive hours off duty for drivers of property-carrying commercial
			  motor vehicles;

	***-->	  (ii) After the end of the 14th hour since coming on duty following
			  10 consecutive hours off duty for drivers of property-carrying
			  commercial motor vehicles;

			  (iii) For more than 12 hours in the aggregate following 8
			  consecutive hours off duty for drivers of passenger-carrying commercial
			  motor vehicles; or

			  (iv) After he/she has been on duty 15 hours following 8 consecutive
			  hours off duty for drivers of passenger-carrying commercial motor
			  vehicles.

	SHORTHAUL* * * * *
			(e) Short-haul operations--

			 (1) 100 air-mile radius driver. A driver
			 is exempt from the requirements of Sec. 395.8 if:

			  (i) The driver operates within a 100 air-mile radius of the normal
			  work reporting location;

			  (ii) The driver, except a driver-salesperson, returns to the work
			  reporting location and is released from work within 12 consecutive
			  hours;

			  (iii)
	           (A) A property-carrying commercial motor vehicle driver has at
			   least 10 consecutive hours off duty separating each 12 hours on duty;

			   (B) A passenger-carrying commercial motor vehicle driver has at
			   least 8 consecutive hours off duty separating each 12 hours on duty;

			 (iv)
	           (A) A property-carrying commercial motor vehicle driver does
			   not exceed 11 hours maximum driving time following 10 consecutive hours
			   off duty; or

			   (B) A passenger-carrying commercial motor vehicle driver does not
			   exceed 10 hours maximum driving time following 8 consecutive hours off
			   duty; and

	         (v) The motor carrier that employs the driver maintains and retains
			  for a period of 6 months accurate and true time records showing:
			   (A) The time the driver reports for duty each day;

			   (B) The total number of hours the driver is on duty each day;

			   (C) The time the driver is released from duty each day; and

			   (D) The total time for the preceding 7 days in accordance with
			   Sec. 395.8(j)(2) for drivers used for the first time or
			   intermittently.

	***-->	 (2) Operators of property-carrying commercial motor vehicles not
			 requiring a commercial driver's license. Except as provided in this
			 paragraph, a driver is exempt from the requirements of Sec. 395.3 and
			 Sec. 395.8 and ineligible to use the provisions of Sec. 395.1(e)(1),
			 (g) and (o) if:
			  (i) The driver operates a property-carrying commercial motor
			  vehicle for which a commercial driver's license is not required under
			  part 383 of this subchapter;
			  (ii) 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;
			  (iii) The driver returns to the normal work reporting location at
			  the end of each duty tour;
			  (iv) The driver has at least 10 consecutive hours off duty
			  separating each on-duty period;
			  (v) The driver does not drive more than 11 hours following at least
			  10 consecutive hours off duty;
			  (vi) The driver does not drive:

			   (A) After the 14th hour after coming on duty on 5 days of any
			   period of 7 consecutive days; and

			   (B) After the 16th hour after coming on duty on 2 days of any
			   period of 7 consecutive days;

			  (vii) The driver does not drive:

			   (A) After having been on duty for 60 hours in 7 consecutive days if
			   the employing motor carrier does not operate commercial motor vehicles
			   every day of the week;

			   (B) After having been on duty for 70 hours in 8 consecutive days if
			   the employing motor carrier operates commercial motor vehicles every
			   day of the week;
			  (viii) Any period of 7 or 8 consecutive days may end with the
			  beginning of any off-duty period of 34 or more consecutive hours.
			  (ix) The motor carrier that employs the driver maintains and
			  retains for a period of 6 months accurate and true time records
			  showing:

			   (A) The time the driver reports for duty each day;

			   (B) The total number of hours the driver is on duty each day;

			   (C) The time the driver is released from duty each day;

			   (D) The total time for the preceding 7 days in accordance with
			   Sec. 395.8(j)(2) for drivers used for the first time or
			   intermittently.
	SLEEPER	* * * * *
			(g) Sleeper berths--

			 (1) Property-carrying commercial motor
			 vehicle--
			  (i) In General. A driver who operates a property-carrying
			  commercial motor vehicle equipped with a sleeper berth, as defined in
			  Sec. Sec. 395.2 and 393.76 of this subchapter,

			   (A) Must, before
			   driving, accumulate

			    (1) At least 10 consecutive hours off duty;

			    (2) At least 10 consecutive hours of sleeper-berth time;

			    (3) A combination of consecutive sleeper-berth and off-duty time
			    amounting to at least 10 hours; or

			    (4) The equivalent of at least 10 consecutive hours off duty if the
			    driver does not comply with paragraph (g)(1)(i)(A)(1), (2), or (3) of
			    this section;

			   (B) May not drive more than 11 hours following one of the 10-hour
			   off-duty periods specified in paragraph (g)(1)(i)(A)(1) through (4) of
			   this section; and

			   (C) May not drive after the 14th hour after coming on duty
			   following one of

			[[Page 50072]]

			   the 10-hour off-duty periods specified in paragraph (g)(1)(i)(A)(1)
			   through (4) of this section; and

			   (D) Must exclude from the calculation of the 14-hour limit any
			   sleeper berth period of at least 8 but less than 10 consecutive hours.

			  (ii) Specific requirements.--The following rules apply in
			  determining compliance with paragraph (g)(1)(i) of this section:

			   (A) The term ``equivalent of at least 10 consecutive hours off
			   duty'' means a period of

			    (1) At least 8 but less than 10 consecutive
			    hours in a sleeper berth, and

			    (2) A separate period of at least 2 but less than 10 consecutive
			    hours either in the sleeper berth or off duty, or any combination
			    thereof.

			   (B) Calculation of the 11-hour driving limit includes all driving
			   time; compliance must be re-calculated from the end of the first of the
			   two periods used to comply with paragraph (g)(1)(ii)(A) of this
			   section.

			   (C) Calculation of the 14-hour limit includes all time except any
			   sleeper-berth period of at least 8 but less than 10 consecutive hours;
			   compliance must be re-calculated from the end of the first of the two
			   periods used to comply with the requirements of paragraph (g)(1)(ii)(A)
			   of this section.

			 (2) Specially trained driver of a specially constructed oil well
			 servicing commercial motor vehicle at a natural gas or oil well
			 location. A specially trained driver who operates a commercial motor
			 vehicle specially constructed to service natural gas or oil wells that
			 is equipped with a sleeper berth, as defined in Sec. Sec. 395.2 and
			 393.76 of this subchapter, or who is off duty at a natural gas or oil
			 well location, may accumulate the equivalent of 10 consecutive hours
			 off duty time by taking a combination of at least 10 consecutive hours
			 of off-duty time, sleeper-berth time, or time in other sleeping
			 accommodations at a natural gas or oil well location; or by taking two
			 periods of rest in a sleeper berth, or other sleeping accommodation at
			 a natural gas or oil well location, providing:
			  (i) Neither rest period is shorter than 2 hours;
			  (ii) The driving time in the period immediately before and after
			  each rest period, when added together, does not exceed 11 hours;
			  (iii) The driver does not drive after the 14th hour after coming on
			  duty following 10 hours off duty, where the 14th hour is calculated:

			   (A) By excluding any sleeper berth or other sleeping accommodation
			   period of at least 2 hours which, when added to a subsequent sleeper
			   berth or other sleeping accommodation period, totals at least 10 hours,
			   and

			   (B) By including all on-duty time, all off-duty time not spent in
			   the sleeper berth or other sleeping accommodations, all such periods of
			   less than 2 hours, and any period not described in paragraph
			   (g)(2)(iii)(A) of this section; and
			  (iv) The driver may not return to driving subject to the normal
			  limits under Sec. 395.3 without taking at least 10 consecutive hours
			  off duty, at least 10 consecutive hours in the sleeper berth or other
			  sleeping accommodations, or a combination of at least 10 consecutive
			  hours off duty, sleeper berth time, or time in other sleeping
			  accommodations.

			 (3) Passenger-carrying commercial motor vehicles. A driver who is
			 driving a passenger-carrying commercial motor vehicle that is equipped
			 with a sleeper berth, as defined in Sec. Sec. 395.2 and 393.76 of this
			 subchapter, may accumulate the equivalent of 8 consecutive hours of
			 off-duty time by taking a combination of at least 8 consecutive hours
			 off-duty and sleeper berth time; or by taking two periods of rest in
			 the sleeper berth, providing:
	ALASKA	* * * * *
			(h) State of Alaska--

			(1) Property-carrying commercial motor
			vehicle. The provisions of Sec. 395.3(a) and (b) do not apply to any
			driver who is driving a commercial motor vehicle in the State of
			Alaska. A driver who is driving a property-carrying commercial motor
			vehicle in the State of Alaska must not drive or be required or
			permitted to drive--
			 (i) More than 15 hours following 10 consecutive hours off duty; or
			 (ii) After being on duty for 20 hours or more following 10
			 consecutive hours off duty.
			 (iii) After having been on duty for 70 hours in any period of 7
			 consecutive days, if the motor carrier for which the driver drives does
			 not operate every day in the week; or
			 (iv) After having been on duty for 80 hours in any period of 8
			 consecutive days, if the motor carrier for which the driver drives
			 operates every day in the week.

			(2) Passenger-carrying commercial motor vehicle. The provisions of
			Sec. 395.5 do not apply to any driver who is driving a passenger-
			carrying commercial motor vehicle in the State of Alaska. A driver who
			is driving a passenger-carrying commercial motor vehicle in the State
			of Alaska must not drive or be required or permitted to drive--
			 (i) More than 15 hours following 8 consecutive hours off duty;
			 (ii) After being on duty for 20 hours or more following 8
			 consecutive hours off duty;
			 (iii) After having been on duty for 70 hours in any period of 7
			 consecutive days, if the motor carrier for which the driver drives does
			 not operate every day in the week; or
			 (iv) After having been on duty for 80 hours in any period of 8
			 consecutive days, if the motor carrier for which the driver drives
			 operates every day in the week.

			(3) A driver who is driving a commercial motor vehicle in the State
			of Alaska and who encounters adverse driving conditions (as defined in
			Sec. 395.2) may drive and be permitted or required to drive a
			commercial motor vehicle for the period of time needed to complete the
			run.
			 (i) After a property-carrying commercial motor vehicle driver
			 completes the run, that driver must be off duty for at least 10
			 consecutive hours before he/she drives again; and
			 (ii) After a passenger-carrying commercial motor vehicle driver
			 completes the run, that driver must be off duty for at least 8
			 consecutive hours before he/she drives again.
	TRAVEL	* * * * *
			(j) Travel time--
			 (1) When a property-carrying commercial motor
			 vehicle driver at the direction of the motor carrier is traveling, but
			 not driving or assuming any other responsibility to the carrier, such
			 time must be counted as on-duty time unless the driver is afforded at
			 least 10 consecutive hours off duty when arriving at destination, in
			 which case he/she must be considered off duty for the entire period.
			 (2) When a passenger-carrying commercial motor vehicle driver at
			 the direction of the motor carrier is traveling, but not driving or
			 assuming any other responsibility to the carrier, such time must be
			 counted as on-duty time unless the driver is afforded at least 8
			 consecutive hours off duty when arriving at destination, in which case
			 he/she must be considered off duty for the entire period.
			(k) Agricultural operations. The provisions of this part shall not
			apply to drivers transporting agricultural commodities or farm supplies
			for agricultural purposes in a State if such transportation:
			 (1) Is limited to an area within a 100 air-mile radius from the
			 source of the commodities or the distribution point for the farm
		 	 supplies, and
			 (2) Is conducted during the planting and harvesting seasons within
			 such State, as determined by the State.
	PROPERTY* * * * *

			[[Page 50073]]

	***-->	(o) Property-carrying driver. A property-carrying driver is exempt
			from the requirements of Sec. 395.3(a)(2) if:
			 (1) The driver has returned to the driver's normal work reporting
			 location and the carrier released the driver from duty at that location
			 for the previous five duty tours the driver has worked;
			 (2) The driver has returned to the normal work reporting location
			 and the carrier releases the driver from duty within 16 hours after
			 coming on duty following 10 consecutive hours off duty; and
			 (3) The driver has not taken this exemption within the previous 6
			 consecutive days, except when the driver has begun a new 7- or 8-
			 consecutive day period with the beginning of any off-duty period of 34
			 or more consecutive hours as allowed by Sec. 395.3(c).
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			8. Section 395.3 is revised to read as follows:

**NEW**--->
			Sec. 395.3 Maximum driving time for property-carrying vehicles.

			Subject to the exceptions and exemptions in Sec. 395.1:
			 (a) No motor carrier shall permit or require any driver used by it
			 to drive a property-carrying commercial motor vehicle, nor shall any
			 such driver drive a property-carrying commercial motor vehicle:
			  (1) More than 11 cumulative hours following 10 consecutive hours
			  off duty; or
			  (2) For any period after the end of the 14th hour after coming on
			  duty following 10 consecutive hours off duty, except when a property-
			  carrying driver complies with the provisions of Sec. 395.1(o) or Sec.
			  395.1(e)(2).
			 (b) No motor carrier shall permit or require a driver of a
			 property-carrying commercial motor vehicle to drive, nor shall any
			 driver drive a property-carrying commercial motor vehicle, regardless
			 of the number of motor carriers using the driver's services, for any
			 period after--
			  (1) Having been on duty 60 hours in any period of 7 consecutive
			  days if the employing motor carrier does not operate commercial motor
			  vehicles every day of the week; or
			  (2) Having been on duty 70 hours in any period of 8 consecutive
			  days if the employing motor carrier operates commercial motor vehicles
			  every day of the week.
			 (c)
			  (1) Any period of 7 consecutive days may end with the beginning
			  of any off-duty period of 34 or more consecutive hours; or
			  (2) Any period of 8 consecutive days may end with the beginning of
			  any off-duty period of 34 or more consecutive hours.
			0
			9. Section 395.5 is revised to read as follows:
**NEW**--->

			Sec. 395.5 Maximum driving time for passenger-carrying vehicles.

			Subject to the exceptions and exemptions in Sec. 395.1:
			 (a) No motor carrier shall permit or require any driver used by it
			 to drive a passenger-carrying commercial motor vehicle, nor shall any
			 such driver drive a passenger-carrying commercial motor vehicle:
			  (1) More than 10 hours following 8 consecutive hours off duty; or
			  (2) For any period after having been on duty 15 hours following 8
			  consecutive hours off duty.
			 (b) No motor carrier shall permit or require a driver of a
			 passenger-carrying commercial motor vehicle to drive, nor shall any
			 driver drive a passenger-carrying commercial motor vehicle, regardless
			 of the number of motor carriers using the driver's services, for any
			 period after--
			  (1) Having been on duty 60 hours in any 7 consecutive days if the
			  employing motor carrier does not operate commercial motor vehicles
			  every day of the week; or
			  (2) Having been on duty 70 hours in any period of 8 consecutive
			  days if the employing motor carrier operates commercial motor vehicles
			  every day of the week.
			0
			10. Section 395.13 paragraphs (c)(1)(ii) and (d)(2) are revised to read
			as follows:
**NEW**--->

			Sec. 395.13 Drivers declared out of service.

			* * * * *
			(c) * * *
			(1) * * *
			(i) * * *
			(ii) Require a driver who has been declared out of service for
			failure to prepare a record of duty status to operate a commercial
			motor vehicle until that driver has been off duty for the appropriate
			number of consecutive hours required by this part and is in compliance
			with this section. The appropriate consecutive hours off-duty may
			include sleeper berth time.
			* * * * *
			(d) * * *
			(1) * * *
			(2) No driver who has been declared out of service, for failing to
			prepare a record of duty status, shall operate a commercial motor
			vehicle until the driver has been off duty for the appropriate number
			of consecutive hours required by this part and is in compliance with
			this section.
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			11. Section 395.15(j)(2)(ii) is revised to read as follows:
**NEW**--->

			Sec. 395.15 Automatic on-board recording devices.

			* * * * *
			(j) * * *
			(2) * * *
			(i) * * *
			(ii) The motor carrier has required or permitted a driver to
			establish, or the driver has established, a pattern of exceeding the
			hours of service limitations of this part;
			* * * * *

			Issued on: August 16, 2005.
			Annette M. Sandberg,
			Administrator.
			[FR Doc. 05-16498 Filed 8-19-05; 12:00 pm]
			BILLING CODE 4910-EX-P
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To access the entire NEW FINAL DOT LAW at their site(What is it?)
This is what everyone is still talking about!
NEW 2005 regulations change work hours for truckers have continued
a debate over safety and fatigue!
Let us preface what you will read on this page is in our opinion, but as a driver you know it's just as true as fact!
How would all these other occupations like to be forced to work
these many hours a week and not even in anywhere as hazardous jobs???
NOT EVEN AT TIME and A HALF - just Straight Time!!!
They'd all say: NO DAMN WAY!!! -- YET WE DRIVERS DO & SAY NOTHING!!!
In fact most driving jobs work out to an average of less than $10/hour

Sweeping new federal regulations went into effect on 01-04-04
with N E W 2005 changes!
The regulations were supposed to reduce the risk of fatigue
for truckers by setting work-hours rules encouraging a 24 hour cycle.
This worked out to be a tough fit for the customers truckers haul for.
These companies have been spoiled over the years, forcing trucking companies,
in order to keep their business, to get the freight where and when
these companies want it.
Drivers have always been forced to take the brunt of this no excuses arrogant attitude.
If a driver wants to keep his job, they either have to comply
sometimes adjusting their log books to give the appearance of staying legal
on the books or try to find a company that would stay closer to the letter of the law.
That's the long and short of it!


The RENEWed Federal Regulation (Patriot Act) Concerning Background Checks for Commercial Drivers Transporting Hazardous Material (What Are They?)

The Department of Transportation (DOT) has developed a rule to prohibit states from issuing or renewing a commercial driver's license with an endorsement to operate a

motor vehicle transporting a hazardous material unless the Department of Justice has first conducted a background check on the applicant.

Once the individual's investigation has been completed, the DOT must then determine that the applicant does not pose a security risk warranting denial of the license.

Note: As a driver YOU WILL BE REQUIRED to fill out a background investigation authorization form - send it into the state of your license and WAIT

( and we do mean wait - up to six months may be required to submit the form to the state before your license renewal date )!

Remember it is up to the state to conduct the FBI background check and for them to authorize you to test for the HazMat endorsement!

This may get really ugly quickly, as they neither have the resources or the personnel to do these at all much the less quickly!

What is needed here is some teeth in this by the Federal Gov't to force the states to do the background check in a timely manner

or be fined by the Federal Gov't or some such encouragement to force the states to prompt action!

This rulemaking is required by section 1012 of the U.S. Patriot Act.

It will be accessible through this web page as soon as it is published in the Federal Register.

FBI Background Check - NOW IN FLORIDA - THIS COSTS YOU $100.oo more than your license!!

While other FBI checks on other Florida State licences like to be a legal expense agent only cost $50.oo!!

# # #

Ways to avoid the 2004/5 DOT Laws

Beginning January 4th 2004 you as a commercial trucker could ONLY work 14 hour shifts, including loading,

up to 11 hours of driving, breaks and unloading. Those shifts MUST be followed by 10 hours off the clock (OFF DUTY).

This is one of the major changes. WELL, the AUGUST 2005 modifications went into effect OCTOBER!st. There are

loop holes HOWEVER. One that allows some trucking companies, to not only continue on the hours previous to this

law change, but to continue on operating under conditions that help cause this fatigue, making highways more dangerous.

The FAULT lies not only with companies to use the loop hole but especially by the FEDS & by the various state agencies.

For example FLORIDA, is one state that has a provision allowing an exemption from the federal law.

IT HAS ALWAYS BEEN UNDERSTOOD THAT STATES CAN MAKE A MORE STRICT LAW, NOT LESS. What it boils down to

is in our opinion, really the state's lack of concern for the safety of the motoring public that allows

these companies to continue to operate dangerously, pushing drivers to HAVE TO WORK, up to 16 hours, more

than what was considered safe during research into dangerous driving conditions. What kind of responsible

safety conscience regulators do we have? They sold out! Just how many hours would those pencil pushers

be willing to work in a week every week? SIMPLY the law doesn't apply to them. Additionally, the hours of

service have been more lenient in Florida. If a company a driver works for only has six days of dispatch per week

then the driver can work up to 70 hours in seven days while the FED LAW states ONLY 60 hours, while if dispatch

is seven days a week then the driver can work up to 80 hours in eight days in Florida while the FED LAW states ONLY 70 hours.

Does anyone out there realize just how dangerous this is, pushing even more hours than the old DOT laws allowed?

Wasn't this was the reason why the laws were changed in the first place, because of the hazardous condition that exhaustion

plays in frequency of accidents? Then you the public should be really concerned about these Local companies who continue

to push their drivers into long hours, creating truly dangerous driving situations! It is our opinion that the drivers of

these companies are actually forced to operate outside FEDERAL law! WHY? To keep their jobs. The companies they work for

do this, to both appease their customer shippers or receivers and keep business. Although they do not want to lose

the business, it is a gamble everytime they push their drivers to meet the long hours required to deliver the freight,

where the public is not protected! JUST REMEMBER, IF YOU LET THEM PUSH YOU, YOU RISK EVERYTHING!! If you as a driver

have an accident under any of these conditions, everyone considers it your fault and you lose your ability to make a

living in your job! NOT WORTH IT! YOU STILL HAVE AN OUT, IF YOU CLAIM YOU ARE TIRED, YOU CAN STOP AND REST, even

take your ten hours off to get rested, before you return to drive!! You can't be forced to work a certain number of hours!

Some of The LOOP HOLEs ALLOWING THIS to CONTINUE:

  • They claim that their drivers DO NOT exceed 150 air miles 1 way
  • They say that their drivers transport agricultural freight
  • They say that they ONLY OPERATE within their state
  • They are NOT required to USE LOGBOOKS only trip sheets
  • The FEDERAL GOVERNMENT LETS THEM DO WHAT THEY WANT inside their STATE
  • ALL of this helps them avoid accountability to the safety of the PUBLIC

*What is the Answer?

Can you SEE WHY you need legal protection?

Do you have access to lawyer who specializes in Commercial Driver Issues,
for you and your spouse, for about the cost of a couple of cups of coffee a day?

*click here.

IF you or your spouse is charged with criminal act due to a serious traffic accident, do you have a lawyer who will defend you in the court of original jurisdiction at no additional cost for the following charges, while operating a commercial vehicle:

  • Manslaughter
  • Involuntary Manslaughter
  • Vehicular Manslaughter
  • Negligent Homicide

OR citations issued to you in your commercial motor vehicle just to name a few including:

  • Speeding
  • Restricted Lane
  • Improper Lane Change
  • Logbook
  • Over length
  • Over weight
  • Over height
  • Load spill
  • No placard
  • No fuel stamp
  • No medical card
  • Hazardous material
  • No motor carrier authority
  • Expired inspection sticker

*What is the Answer?

Comments of the 2004 & 2005 Rule Changes

It used to be that you as a driver could work, show breaks and continue working on and off the clock as you saw fit. NOT NOW!
Once you begin your day it MUST END 14 HOURS LATER! NAPS now count against your 14 hours. Annually there are almost 5,000 fatal accidents involving big trucks. Because of inconsistent state policies, there is no clear way to know how many involve driver fatigue! Federal regulators contend that the changes, the first major changes since 1940, will save up to 75 lives a year and prevent thousands of accidents. The AAA has stated that the new rules should make driving safer for everyone. You are still being required to work extremely long hours every day. It is NO SURPRISE that many spokesman for companies will just have their drivers drive the extra hour regardless of whether they should or not. Many contend that for all the talk, a driver will still be required to be behind the wheel extra time, adding to the fatigue factor.
For the past 64 years, truckers have been limited on paper at least to a 15 hour workday. BUT NOW SOME IDIOT has actually Interpreted an exception to FORCE a DRIVER INTO ACTUALLY WORK 16 HOURS ONE DAY IN A SIX DAY WORK WEEK. AGAIN these BAST_ _DS are making driving even more unsafe than all this BS was supposed to make safer!! This new exception rule has been effectively made safety meaningless!! AT least before the NEW LAW Changes when drivers found themselves waiting hours at a shipper or receiver (which most drivers know is the rule, not the exception) the time did not count against their workday. This has become so engrained in trucking company customers (shippers & receivers) that it is they who really don't care what a driver has to put up with, just as long as the driver does exactly what they want. THIS WILL BE THE CHALLENGE TO CHANGE THE SHIPPERS & RECEIVERS. SOME TEETH NEEDS TO bE BROUGHT TO BEAR UPON THEM, - NOT THE DRIVERS!
What will happen in the short term future? More than likely the trucking companies will encourage their drivers to massage their log books so that they can make up for this lost time at the customers! Supposedly NOW through the 16 hour exception they Legally they can REQUIRE this, SO as a driver you will either do it or get starved out by their trucking company, as the Trucking Company has absolutely NO requirement to provide a certain number of hours or miles a day to allow the driver make a living. As you well know, this has always been a bone of contention between drivers and their companies (A GOOD REASON FOR UNION REPRESENTATION) especially local runs inside a state.
When it comes to fatigue, the new changes won't do much to improve highway safety because regulators ignored root causes. The bigger causes of fatigue involve the irregular schedules faced by truckers, driving a mix of nights and days, or starting shifts after they had been awake all day. Regulators should be encouraged to take a closer look at the trucking companies who claim to only operate within a state! It should be obvious that it is these local companies who are continuing to push their drivers, who contribute to fatigue and high turnover rates. With better time management plans these trucking companies should have stricter regulations to protect the motoring public, with teeth in it requiring customer compliance to reduce the risks. The worst risk to drivers both to fatigue and accidents are those drivers who are forced to change working between days and nights, factored with a 50% chance of a major accident in the next 12 months. Traffic fatalities have steadily dropped over the past several years, involving big trucks.
We personally encourage ALL Drivers to operate legally and STOP at the end of your 14 hours or when you are tired and take your 10 hours off duty, whether or not you operate only within a state. For drivers with day cabs, put up at a nearby hotel and charge the company for the delay. If everyone does so, the trucking company will either absorb the expense or pass this extra cost on to the customers in the form of higher rates. We as drivers must begin to stand up for our rights, be compensated for the time we have given away generally in the past and force safety into the workplace.
Seeing as how, a majority of accidents involving big trucks, over 76%, are directly as a result of vehicles other than big trucks, ie cars, the real problem is NOT addressed! In fact, those who should be your own allies, the Safety Departments and many in Management, have this attitude that drivers are a dime a dozen and who think that all "accidents" are your fault - the professional driver! They claim that despite how many years or miles you have gone without any accidents, you are just one mistake away from being fired! ALL the more reason to drive within your limits and Not take risks! Don't let yourself be duped by these insurance influenced brainless twits! There are MANY AREAS that contribute to big truck accidents even beyond the untrained driver of the automobile. Keep in mind big trucks deliver everything people purchase, and without them AMERICA STOPS. Remember if agencies and your own departments were really on your side they would be doing something to eliminate most of these problems, but NO they claim that they can't do anything to help, they're just useless and NOT helpful to drivers! Just to name a few of the more obvious regulatory and engineering problems NOT HELPFUL TO BIG TRUCKS:

  • *The ever shortening length of time the yellow light of a traffic light is on
  • *The Yellow light's length of time ON DOES NOT correspond to speed limit of roadway, mislabeled as Red Light Running, to allow enough reaction and breaking time to STOP safely
  • *Both the design of ON & OFF ramps are inadequate and safe speed frequently is NOT posted
  • *Inadequate through traffic lanes for trucks to bypass a city or town to prevent unnecessary congestion, useless traffic lights that are not timed to allow continued steady flow of traffic, but rather growing amounts of time sitting burning excessive fuel
  • *Local Law Enforcement attitude of trucks being an easy mark for a ticket, especially NOW at traffic light intersections
  • *Unscrupulous lane restrictions just for trucks, no matter if your company through fuel and highways taxes, pay more than their fair share for road use
  • *Frivolous lane restrictions and inadequate utilization of traffic lanes particularly during rush hours where very few vehicles are legally able to be in extra HOV or truck restricted lanes, contributing to even greater congestion!
  • *On going construction zones that do not account for the size and movement restrictions that big trucks inherently have and the ongoing delays and slowing of traffic through these using ever lower speed limits
  • *Parking lots and docks not designed for the limited big truck's lack of manueverability for deliveries
  • *Poor placement or NO signs for upcoming roadways especially during construction
  • *Absolute ignorance of the motoring public and law enforcement of getting completely off the roadway for breakdowns or accidents
  • *Inadequate Planning and Training of emergency personnel to NOT SHUT DOWN roadways or impede traffic from accidents! OFTEN there is NO detouring of traffic, NO clearing the unobstructed lanes of a roadway and NOT even utilization of shoulders more effectively to move traffic around
  • *NO TRAINING requirement of motoring public to require at least some exposure to big truck limitations & impaired manueverability!
  • #1 problem - ROAD RAGE - and the way people drive like they are invincible and they try to through their actions take control of your driving, whether it be following distance, speed or whatever.(DON'T TAKE THE BAIT - JUST GET AWAY FROM THESE HOT HEADS - STOP IF YOU HAVE TO AND LET THEM BOTHER SOMEONE ELSE!) usually associated with younger drivers, but don't be shocked at just how power crazy some of the older drivers become just because they are behind the wheel!
  • #2 problem - INEPT or INCOMPETENT DRIVERS - you see them everyday, whether young inexperienced or older deterioting reflexes, the states still are giving licenses out! You must lighten up your attitude in order to deal with them, so let me tell you that many years ago when I was just learning to drive back in the early 60's, I heard someone say that a incompetent driver was referred to as someone who had gotten their driver's license out of a cracker jack box. Well, I thought about that for a while and then decided to add this as a response: No, actually the cracker jack's company was contacted by so many children protesting this policy of providing adults with the same licenses as the children were getting, that the cracker jack's company decided to discontinue the practice. So now it is in fact the state drivers license departments who are the fools who are giving the licenses to the incompetent adult drivers you see! That about says it all!
  • Obviously there are many more, but you get the point - POOR REGULATIONS & ENGINEERING by the States, complicity by the FEDERAL Government and Safety Departments who think that all "accidents" are your fault - the professional driver!

If you can see why you need this help now


To get More Information

Please remember that it only makes sense that you need someone to help you in light of the many restrictions placed upon commercial drivers today. Due to newness of these federal regulatory requirements, their interpretation may vary in certain states. The information contained in this material especially today, will certainly explain and justify your need for the services of a legal provider. We hope you see the need for your licenses' sake and your family's peace of mind!Click Here To Learn More What the Answer Is Go back totop.