395.8(c) Hours-of-Service Interpretation for Regular Route Passenger Common Carrier CMV Drivers

Adirondack, Pine Hill, & New York Trailways drivers operating commercial passenger buses on intercity regular route service are being given level 3 inspections and are being written up for not noting location stops and times of less than 15 minutes on their logs in violations of 395.8(c) when they are dropping off or picking up passengers or freight. These actions are contrary to the DOT/FHA interpretation of this rule as clearly articulated in a rule interpretation provided in response to another carrier?s (Greyhound Lines, Inc.) 1996 waiver request.

Pursuant to the following FHA rule interpretation, drivers should not be cited for these types of log violations: A regular-route passenger common carrier CMV driver, on a published scheduled run, may record as ?driving time,? on a record of duty status, brief periods of ?on-duty, not driving time? that have durations of 10 minutes or less for the limited purposes of picking up or setting off passengers, baggage, or small express packages. When a regular-route passenger common carrier CMV driver, on a published scheduled run, invokes this interpretation, such time would not be considered a change of duty status for the purposes of 395.8(c) and no location is required to be recorded. Any period of time of more than 10 minutes away from the driving controls of a motor vehicle in operation must be recorded as ?on-duty, not driving time.? ?

It is requested the CVSA committees for Passenger Carrier, Driver-Traffic Enforcement, Training and the Executive committees review this waiver and honor this interpretation as it applies to regular route passenger common carrier CMV drivers.