May 1, 2003
   
FMCSA REVISES HOURS OF SERVICE RULES
 
An increase in driving hours and a decrease in on-duty hours for drivers of property-carrying vehicles headlines the revised hours-of-service regulations released today by the Federal Motor Carrier Safety Administration (FMCSA).
 
The regulation includes the following provisions:
- 11 hours of driving time following 10 consecutive hours off duty.
- No driving after 14 hours of on-duty time (a combination of driving and all other on-duty time) following 10 consecutive hours off duty.
 
The 60 hour/7 day and 70 hour/8 day limit remains unchanged, but now includes a provision that allows a driver to restart the 60 or 70 hour clock after having at least 34 consecutive hours off duty.
 
The regulation also includes a new exception for drivers who regularly return to their normal work reporting location. Under this exception, a driver is allowed to accumulate 11 hours of driving time within 16 consecutive hours on duty once every seven days, provided:
- The driver returns to the work reporting location on that day, and is released from duty at that work reporting location for the previous five on-duty days;
- The driver is released from duty within 16 hours after coming on duty (no additional on-duty time after 16 hours); and
- The driver only uses this exception/exemption once every seven consecutive days (unless the driver has complied with the 34-hour voluntary restart provision).
 
The split sleeper berth portion of the regulations remains the same, but instead of accumulating eight hours in the sleeper berth in two periods, the driver would have to accumulate 10 hours in the sleeper berth in two periods.
 
The requirements for passenger-carrying vehicles remain the same as the current requirements:
- 10 hours of driving time following 8 consecutive hours off duty.
- No driving after 15 hours of on-duty time following 8 consecutive hours off duty.
 
The 60 hour/7 day and 70 hour/8 day limits remain unchanged. A reset provision for drivers of passenger-carrying vehicles is not included in the new regulation.
 
The new requirements will be officially published in the Monday, April 28, 2003, Federal Register. Compliance with the new requirements is mandated on Jan. 4, 2004. FMCSA is not allowing early compliance with the new requirements. Until Jan. 4, 2004, drivers and motor carriers must comply with the standards currently in place.

As a carrier registered under the International Registration Plan (IRP), you are required to maintain detailed records of your mileage in each jurisdiction. These records should support the mileage reported on your IRP application/renewal. As a carrier registered under the International Fuel Tax Agreement (IFTA), you are required to keep detailed records of your mileage in each jurisdiction and the individual fuel purchases as part of your operations. If applicable, records must also be kept that document the individual withdrawals from your bulk fuel supplies. These records should support the mileage and tax paid fuel purchases you report on your quarterly IFTA tax returns.
 
All JRP and IFTA accounts are subject to audit as part of the regular audit selection process. In addition, LRP applications/renewals and IFTA tax returns are subject to selection and review by the Bureau of Motor Carrier Services Audit Section. This selection is based on the mileage reported, reported fuel purchases, and other criteria. As part of this review, you may be required to show that proper records are being kept which support your IRP application or JFTA tax return.
 
Failure to keep the required records may result in additional taxes being owed, along with substantial penalties and interest. In addition, failure to keep the required records and accurately report your mileage and tax paid fuel purchases may result in the cancellation or suspension of your registrations issued under the IIRP and IFTA.
 
If you have any questions or need assistance related to your record keeping requirements as a registrant under the IRP and IFTA, or would like to have examples of record keeping forms, please contact Truckers Accounting & Permitting Service, Inc. at 800-553-8277.