1. 1
THE EVOLUTION OF THE HOURS-OF-SERVICE REGULATIONS, THE
FMCSA’S MOST INTRICATE, DYNAMIC AND CONVOLUTED SET OF
SAFETY MEASURES
I. THE RELATIONSHIP BETWEEN INTERSTATE AND INTRASTATE COMMERCE IN
GEORGIA AND COMPLIANCE WITH THE HOS REGULATIONS:
The Hours-of-Service (HOS) regulations were promulgated by Federal Motor Carrier
Safety Association (FMCSA) to prevent fatigued drivers from operating on public
roadways, and are applicable to most drivers of property-carrying and passenger-carrying
commercial motor vehicles (CMV).1
When used in this context, these federal regulations
define a CMV as a truck, or truck-tractor with a trailer, which is used as part of business,
involved in interstate commerce (i.e. buying, selling, and transporting goods and
services) and fits any of the following descriptions:2
 Weighs 10,001 lbs. or more
 Has a Gross Vehicle Weight Rating (GVWR) or Gross Combination Weight
Rating (GCWR) of 10,001 lbs. or more
 Is designed for or used to transport 16 or more passengers (including the driver)
not for compensation
 Designed for or used to transport 9 or more passengers (including the driver) for
compensation
 A vehicle that is involved in interstate or intrastate commerce and is transporting
hazardous materials in a quantity requiring placards is also considered a CMV.3
The aforementioned federal regulations are limited insofar as they are applicable to
interstate commerce;4
as such, an interstate motor vehicle carrier (MVC) is one which
transports property and/or passengers across states laws and must initially register with
the Secretary of Transportation.5
An intrastate motor carrier, on the other hand, does not
1 FMCSA § 395. The HOS regulations were not only developed by the Federal Motor Carrier Safety
Association (itself a part of the United States Department of Transportation), but are also subject to its
enforcement and jurisdiction. These regulations, however, do not apply to the private transportation of
passengers.
2
Please note that for other areas of federal regulation, the FMCSA’s definition of a CMV varies (e.g. for
drug and alcohol regulations and commercial driver’s license (CDL) requirements).
3
One does not necessarily require a commercial driver’s license (CDL) to operate this class of vehicles.
This will be explained in this article in greater detail (See Section III. B.)
4
An exception to this is when dealing with the transportation of hazardous materials. For more
information on this, see the Hazardous Material Regulations, at 49 CFR §§ 171-179.
5
Pub. L. 109-59, August 10, 2005, 119 Stat. 1144.

2. 2
affect interstate commerce because its operations are contained entirely within one state
and is subject to that state’s sole jurisdiction.6
Many states have, as a practical matter, adopted the federal regulations governing
motor carriers as applicable to intrastate carriers and, accordingly, have effectively
removed the distinction. Indeed, the Georgia Department of Public Safety Motor Carrier
Safety Regulations, adopted January 26, 2012, indicate that regulations in Georgia are
the minimum requirements for all motor carriers operating both for hire and in private
transportation engaged in either interstate or in intrastate commerce in Georgia.
Further, the Georgia Motor Carrier Safety Regulations (GMCSR) indicates that they
adopt the Federal Motor Carrier Safety Regulations included in Title 49 of the CFR.7
Finally, the Georgia Regulations indicate that when the Federal Regulations refer to
“interstate” commerce, that shall be interpreted to include “intrastate” commerce.8
Therefore, the Hours of Service Regulations apply to both intrastate and
interstate carriers for any drivers operating a motor vehicle in excess of 10,001 lbs.
(or GVWR/GCWR of 10,001 lbs. or more).
II. WHAT IS THE DATE OF COMPLIANCE?
Because the Georgia MCSRs were adopted January 26, 2012, the current version
of the HOS Regulations apply to all carriers operating in the State of Georgia. However,
the new Federal HOS Regulations were published in the Federal Register on December
27, 2011. The effective date of the final rule is February 27, 2012, and the compliance
date of selected provisions is July 1, 2013. The compliance date for other provisions is
February 27, 2012.
III. The Current HOS Regulations for Property-Carrying CMV Drivers (Valid
Until July 1, 2013)
A. Current Daily Limits
There is an 11-hour driving limit—a driver may drive a maximum of 11 hours
after 10 consecutive hours off duty (49 CFR § 395.3).
6
Progressive Casualty Insurance Co. v. Hoover, 809 A.2d 353 (Pa. 2002).
7
This includes sections 350 (Commercial Motor Carrier Safety Assistance Program), 365 (Rules
Governing Applications for Operating Authority), 376 (Lease and Interchange of Vehicles), 382
(Controlled Substance and Alcohol Use and Testing), 383 (Commercial Drivers License Standards;
Requirements and Penalties), 385 (Safety Fitness Procedures), 386 (Rules of Practice for Motor Carrier,
Intermodal Equipment Provider, Broker, Freight Forwarder, and Hazardous Materials Proceedings), 387
(Minimum Levels of Financial Responsibility for Motor Carriers), 390 (Federal Motor Carrier Safety
Regulations; General), 391 (Qualifications of Drivers), 392 (Driving of Commercial Motor Vehicles), 393
(Parts and Accessories Necessary for Safe Operation), 395 (Hours of Service of Drivers), 396 (Inspection,
Repair, and Maintenance), 397 (Transportation of Hazardous Materials; Driving and Parking Rules) and as
amended.
8
Georgia Department of Public Safety Transportation Rulebook, at chapter 1-1(d).

3. 3
Drivers may not drive at all after the end of the fourteenth hour after coming on
duty following 10 consecutive hours off duty (there are some exceptions to this rule
outlined in 49 CFR § 395.1(e)(2).
However, both the current and new regulations allow for an exemption from the
14 hour daily on-duty limit – it allows a 16 hour on-duty period once every 6 days if the
driver has retuned to his normal reporting location and been released from duty at that
location after 5 straight days limited to 14 hours on-duty. After 5 straight days with a
maximum on-duty time of 14 hours in each such day followed by at least 10 hours off-
duty, the drive can be on-duty for 16 hours if released after 16 hours from the normal
reporting location. Again, this can be taken once every 6 days EXCEPT after a reset
from the 7/8 day period (34 hour reset required unless the shortened 24 hour reset
provision outlined in subsection D, below applies).
B. What Vehicles Require A Driver to Have a CDL and
Limited Variances for Non-CDL Vehicles
49 CFR § 395.1(e)(2) provides a limited exception for drivers of vehicles which
do not require the driver to have a CDL. To determine which vehicles do not require a
CDL, one must first look at what vehicles do require a CDL:
Drivers are required to obtain and hold a CDL if they operate in interstate,
intrastate, or foreign commerce if they drive a vehicle that meets any of the
classifications of a CMV described below.
Classes of License:
The Federal standard requires States to issue a CDL to drivers according to the following
license classifications:
Class A -- Any combination of vehicles with a GCWR of 26,001 or more pounds
provided the GVWR of the vehicle(s) being towed is in excess of 10,000 pounds.
Class B -- Any single vehicle with a GVWR of 26,001 or more pounds, or any such
vehicle towing a vehicle not in excess of 10,000 pounds GVWR.
Class C -- Any single vehicle, or combination of vehicles, that does not meet the
definition of Class A or Class B, but is either designed to transport 16 or more
passengers, including the driver, or is transporting material that has been designated as
hazardous under 49 U.S.C. 5103 and is required to be placarded under subpart F of 49
CFR Part 172 or is transporting any quantity of a material listed as a select agent or toxin
in 42 CFR Part 73.
Thus, a CDL is not required (I am not going to address the towing rule) if the
vehicle in question has a GCWR or GVWR of 26,000 pounds or less (assuming it is not
carrying hazardous material or select agents or toxins).

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Thus, if a driver (regardless of whether or not he has a CDL) is driving a vehicle
with GCWR or GVWR of 26,000 pounds or less AND works only within a 150 air-mile
radius of his normal reporting location AND reports and returns to the same location
every day, the driver is allowed to increase his on-duty time to 16 hours (versus 14) up to
two times per week after any 34-hour reset period (or 24 hours if the vehicle qualifies as
a motor vehicle used primarily to transport construction materials and equipment –
see subsection D, below). Logbooks are likewise not required, but records of hours must
be maintained and retained as indicated in subsection E, below.
C. Weekly Hour Limitations
If the employing motor carrier does not operate commercial motor vehicles every
day of the wee, the driver cannot drive after having been on duty for 60 hours in any
period of seven consecutive days; for employing motor carriers who operate commercial
motor vehicles every day of the week, the driver cannot drive at all after having been on
duty for 70 hours and any period of eight consecutive days.
The seven- or eight-day period may be “reset” by the driver going off duty for a
period of 34 or more consecutive hours. Please note that there is a significant change to
this reset provision in the new rules, which have a compliance date of July 1, 2013. (See
below).
The key to the foregoing current regulations (and the new regulations) will be the
definition of what constitutes “on duty time.” 49 CFR § 395.2 defines “on duty time” as
“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” specifically includes the following:
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 of duty by the motor carrier;
2. All time inspecting, servicing, or conditioning any commercial motor vehicle at
any time;
3. All driving time;
4. All time, other than driving time, in or upon any commercial motor vehicle
except time spent resting in a sleeper berth;
5. All time loading or unloading a commercial motor vehicle, supervising, or
assisting in the loading or unloading, attending a commercial 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 a urine specimen, including travel
time to and from the collection site, in order to comply with the random,
reasonable suspicion, post-accident, or follow-up testing required by 49 CFR §
382 when directed by a motor carrier;

5. 5
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.
Also key to the HOS regulations is what constitutes “driving time”. 49 CFR §
395.2 provides that “Driving time means all time spent at the driving controls of a
commercial motor vehicle in operation.” I interpret this to mean that if the driver is
in the driver’s seat with the engine on, it counts as driving time. The more restrictive
DUI statute (O.C.G.A. § 40-6-391) requires a person to be in “actual physical
control” of a vehicle and the case law allows for convictions so long as the driver is
behind the wheel of the vehicle, regardless of whether or not the engine is running.
To avoid long periods of waiting to constitute “driving time”, the driver can either
turn the vehicle off or allow it to idle while he is not in the driver’s seat behind the
wheel.
D. Shorter “Reset” Provision for Certain Vehicles Carrying Construction
Materials and Equipment
Please note that 49 CFR § 395.1(m) provides an exception for drivers of a
commercial motor vehicle used primarily in the transportation of construction
materials and equipment—the reset period is not 34 consecutive off-duty hours, but is
lessened to a period of 24 or more consecutive hours off duty.
However, this lower reset period is limited by 49 CFR § 395.2 with the definition
of “transportation of construction materials and equipment”—this is defined to mean
the transportation of construction and pavement materials, construction equipment, and
construction maintenance vehicles, by a driver to or from an active construction site (a
construction site between mobilization of equipment and materials to the site to the final
completion of the construction project) within a 50 air mile radius of the normal work
reporting location of the driver (the exception does not apply to transportation of
hazardous materials in quantities requiring a placard).
E. Logbook Requirements
Logbook requirements are outlined in 49 CFR § 395.8. However, the current and
new regulations (49 CFR § 395.1) both exempt short haul drivers from keeping such logs
if and only if the driver qualifies for “short-haul operations”—i.e., the driver operates
only within a 100-air-mile radius of the normal work reporting location; the driver returns
to the work reporting location and is released from work within 12 consecutive hours; the
driver has at least 10 consecutive hours off duty separating each 12 hours on duty; the
driver does not exceed 11 hours maximum driving time following 10 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 following:
a. the time the driver reports for duty each day;

6. 6
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 seven days (this only applies to drivers used by
more than one company—in that case, you would need to show the driving time
during a seven-day period for C.W. Matthews and any other company for whom
he works).
This 100-mile-air-radius exception (in addition to the other requirements) applies
to both the current regulations and the new regulations. If any operations require our
drivers to drive more than 100 miles from their regular reporting area, they will have to
maintain the logbooks required by 49 CFR § 395.8.
In the event that any of our drivers will not qualify for this short-haul exemption, I
can provide examples of how logbooks are kept and examples of violations.
The current rules, unlike the new rules, do not have any “rest break” provisions.
The current rules have no limitations on the number of “34-hour resets” that may
be taken; however, the new rules do, and the compliance date is not until July 1, 2013.
The following is a chart of the current rules which are valid until July 1, 2013:
Hours-of-Service Rules
Property-Carrying CMV Drives (Valid Until July 1, 2013)
11-Hour Driving Limit May drive a maximum of 11 hours after 10
consecutive hours off duty.
14-Hour Limit May not drive beyond the 14th consecutive
hour after coming on duty, following 10
consecutive hours off duty. Off-duty time
does not extend the 14-hour period.
60/70-Hour On-Duty Limit May not drive after 60/70 hours on duty in
7/8 consecutive days. A driver may restart
a 7/8 consecutive day period after taking 34
or more consecutive hours off duty (this
period is decreased to 24 consecutive off-
duty hours for drivers of a commercial
motor vehicle used primarily in the
transportation of construction materials and
equipment (49 C.F.R § 395.1(m)).
Below is a chart which compares and contrasts the old rules with the new rules
and shows the two different compliance dates (some have a compliance date of February
27, 2012; others have a compliance date of July 1, 2013):

7. 7
Summary of Changes of HOS Final Rule Published in December 2011
Provision Prior Rule Final Rule- Compliance
Date July 1, 2013
Limitations on minimum
“34-hour restarts”
None (1) Must include two
periods between 1 a.m. – 5
a.m. home terminal time..
(2) May only be used once
per week.
Rest Breaks None except as limited by
other rule provisions
May drive only if 8 hours or
less have passed since end
of driver’s last off-duty
period of at least 30
minutes [HM 397.5
mandatory “in attendance”
time may be included in
break of no other duties
performed.]
Provision Prior Rule Final Rule- Compliance
Date February 27, 2012
On-Duty Time Includes any time in CMV
except sleeper-berth.
Does not include any time
resting in a parked vehicle
(also applies to passenger-
carrying drivers). In a
moving property-carrying
CMV, does not include up
to 2 hours in passenger seat
immediately before or after
8 consecutive hours in
sleeper-berth.
Penalties “Egregious” hours of
service violations not
specifically defined.
Driving (or allowing a
driver to drive) 3 or more
hours beyond the driving-
time limit may be
considered an egregious
violation and subject to the
maximum civil penalties.
Also applies to passenger-
carrying drivers.
IV. New Regulations Which Have a Compliance Date of July 1, 2013
A. Daily Driving Limit

8. 8
The proposed rules contemplated lowering the current driving hour limit.
However, the final rules kept this limit the same. Thus, the driving hour limit is an 11-
hour limit. A driver may not drive without first taking 10 consecutive hours off-duty. A
driver may drive only during a period of 14 consecutive hours after coming on-duty
following 10 consecutive hours off duty; actual driving time is limited to 11 hours in that
14-hour on-duty period.
B. Rest Breaks NOW REQUIRED WITH 8 HOURS AFTER COMING
ON DUTY
This is a significant change to the rules.
Effective July 1, 2013, driving is not permitted if more than 8 hours have passed
since the end of the driver’s last off-duty or sleeper-berth period of at least 30 minutes.
Thus, from the time our drivers report to their normal reporting location, they are
required to take a break of at least 30 minutes before they have been on duty for 8 hours.
The required 30-minute rest break can be taken at any time during the 8-hour
window (as measured from the time the driver first reports to work).
C. 14-Hour On-Duty Limit
Other than the rest break provision noted above, this provision remains the same,
and limits a driver to driving only during a period of 14 consecutive hours after coming
on duty if and only if the on-duty period is preceded by at least 10 consecutive hours off
duty. The 14-hour period is not a driving period but an “on-duty” period; thus, as noted
above, the actual driving time during the 14-hour period is 11 hours (taking into account
the rest break provision above).
D. The 60/70-Hour On-Duty Limit
This is a significant change to the rules – 1 “reset” per week only.
This is the same rule as the current rule outlined above. This rule allowed a driver
to use the 34-hour reset period to be able to work up to 82 hours per week.
The current version was added to restrict drivers to either 60 hours in a week (for
a motor carrier that does not operate commercial motor vehicles every day of the week)
or a maximum of 70 hours (for motor carriers who operate commercial motor vehicles
every day of the week). This was accomplished by allowing only one 34-hour reset to
occur in any 168-hour (one-week) period. By limiting drivers to one reset period per
week, the maximum they can work in any 168-hour period is 70 hours.

9. 9
In addition to the limits on the number of reset periods, the new rule requires that
each 34-hour reset period must include at least two periods (nights) where the driver
is off duty between the hours of 1:00 a.m. and 5:00 a.m. (this was based upon a study
pertaining to circadian rhythms) (49 CFR § 395.3(c) and (d)).
E. New Penalties for “Egregious” Violations:
The new rules provide that egregious violations can result of fines of $11,000 per
offense, and the drivers themselves could face civil penalties of up to $2,750 for each
offense.
F. PUNITIVE DAMAGES IN TRUCKING ACCIDENT CASES:
Punitive damages are warranted when the conduct of the trucking company (or
motor vehicle carrier) amounts to more than just negligence and instead demonstrates
recklessness or an entire want of care for the consequences of its actions. In many
jurisdictions, a plaintiff can recover punitive damages against a trucking company when a
driver’s actions are reckless or wanton under the same guidelines for imputing
responsibility for a driver’s negligence. In these jurisdictions, the trucking company is
liable for any award of punitive damages based on the driver’s misconduct, i.e., if said
driver operates a CMV under the influence of alcohol or drugs or drives a vehicle with
known mechanical problems.
The trucking company may also be held directly liable for punitive damages if the
driver’s history is so egregious as to make the hiring or retention of the driver amount to
reckless conduct on behalf of the company. The company can also be held directly
responsible for punitive damages if it has a common practice of ignoring state law and/or
federal regulations, or failing to monitor its drivers, or if it destroys documents to hide
any potential violations.9
e. PUNITIVE DAMAGES AGAINST MVCSND THERER WERE MANY EGREGIOUS
VIOLATION :
In the instant case, the facts clearly demonstrate that Derek Pullum was negligent
per se and a proximate cause of the subject incident. This tort was committed within the
course and scope of Pullum’s employment with Advanced Distribution. Mr. Pullum has
a clear history of operating vehicles (including commercial motor vehicles) with a
suspended and/or revoked driver’s license, as well as driving unlicensed. Although
Pullum’s negligence per se by itself does not warrant punitive damages, if it is found that
Advanced Distribution was cognizant of Pullum’s previous driving history but took no
actions to report all relevant violations, they could then be held liable for punitive
damages.10
Additionally, should it be discovered that Advanced Distribution did not
9
See http://www.thetruckingattorneys.com/wp-content/uploads/2011/03/chapter02.pdf.
10
The facts indicate that Advanced Distribution did report Pullum’s driver fitness to the FMCSA; however,
it is obvious that, prior to the subject incident, Advanced Distribution either (a) did not know Pullum was a

10. 10
have a specific policy in place to ensure that its drivers are qualified under all state and
federal laws and regulations (from the pre-hiring process through the termination of the
driver’s employment), punitive damages could be warranted. The below is a quantitative
demonstration of the impact of Advanced Distribution’s failure to monitor and/or report
the status of driver Derek Pullum (who is just one out of its 24 current CMV drivers) on
the entire motor vehicle company. (See Exhibit E, Advanced Distribution’s “Company
Snapshot” from the FMCSA website.)
A motor vehicle carrier’s measure of On-Road “Driver Fitness” is a standard
Federal Motor Safety Carrier Administration (“FMCSA”) Behavior Analysis and Safety
Improvement Category (“BASIC”) that is used to evaluate the relative compliance of all
U.S. registered motor vehicle carriers (MVC). A MVC’s “Driver Fitness” rating is,
unlike “Cargo Related Violations” and “Crash Indicators”, information freely available to
the public on the FMCSA’s website. (See Exhibit F, Advanced Distribution Services
Nashville LLC’s BASICs Assessment.) It is also one of the most important factors when
assessing liability for damages in a trucking accident case. Advanced Distribution’s
“Driver Fitness” can be calculated as follows:
- Advanced Distribution’s Current On-Road “Driver Fitness” Performance
Measure = ∑ (of the “Time Severity Weight” of all violations related to driver
fitness incurred by Advanced Distribution over the past 24 months) / ∑ (“Time
Weight” of such violations) = (36 / 211) = .17
Advanced Distribution’s current performance measure of .17 falls approximately
in the 80% percentile (Ex. F, p. 8), which constitutes an extremely serious violation and
“unsatisfactory” performance measure, and necessitates immediate improvement;
however, the FMCSA’s Safety Management System (“SMS”) Report for Advanced
Distribution indicated this measure was “Inconclusive”. No explanation or reason has
been provided, which is apparently why no corrective actions have been taken by
Advanced Distribution to date. There is no material reason for assessing and measuring a
violation, assigning it an actual percentage (not an approximation), and reporting the
violation, but then deeming the results on Advanced Distribution’ “Inconclusive”.
Although one can only speculate at this time, the reason or reasons could easily be
elucidated through discovery if litigation commenced.11
The following is a hypothetical measurement of Advanced Distribution’s On-
Road “Driver Fitness” Performance Measure, had Pullum’s driver disqualification status,
discovered and reported only after the subject incident, remained unaddressed and/or
ignored by Advanced Distribution:
disqualified driver; and/or (b) took no steps (e.g. termination of employment) as a result of discovering his
driving history.
11
Although speculative, it is likely that one or more of the following are explanatory factors: (1) the
violation has been appealed by Advanced Distribution; or (2) it is undergoing further review and/or appeal
by the FMCSA, U.S. DOT, and/or Federal Highway Administration (FHWA) due to the rarity and
particularly egregious nature of the violation at hand.

11. 11
- Performance Measure = ∑ (Time Severity Weight - 30) / ∑ (Time Weight - 3) =
(6 / 208) = .029
This measure would fall approximately in the 14% percentile and, as such,
Advanced Distribution would be well within compliance with the FMCSA’s standard for
driver fitness.
As evidenced above, Advanced Distribution’s failure to monitor a single
employee’s driving status precipitated an exponentially negative impact on their overall
driver fitness performance rating. The impact is so great that, should another such
violation (past or future) be discovered and/or not properly reported, a claim for punitive
damages would be much more viable. In light of the foregoing, we expect punitive
damages to be an issue in this matter despite whether or not the aforementioned
discussion by itself is enough to warrant a claim for said damages. The evidence we will
produce to a jury, if necessary, will be so unfavorable to Advanced Distribution, that we
believe a jury will assimilate a claim for punitive damages under its own auspices.