Every regulation has a grey area that is always a source of controversy. The yard move regulations, for instance, had some shortcomings. It has been quite a problem to clearly define "yard moves" and determine structures that qualify to be regarded as yards. The Federal Motor Carrier Safety Administration, therefore, suggested a few clarifications subject to public comments.
The Federal Register issued a public notice to provide clarity on when a driver may report yard move completion as on-duty, not driving. Rather than recording the same as driving time, drivers are to be given guidelines on when to report the on-duty, not driving status. The revision affects all operators who operate on Hours of Service. The guidelines are not laws and, therefore, would not be binding but would provide clarity on existing regulations.
duty statuses drivers normally report
There are several duty statuses that drivers who operate on Hours of Service normally report. The sleeper berth, off-duty, driving, and on-duty, not driving, are the status. All drivers, whether using paper logs or electronic logging, must report their duty status. The guidelines enlisted the following as some of the properties that qualify to be yards; an intermodal yard or port facility, motor carrier’s private place of business, shipper’s privately owned parking lot, and public roads with traffic control measures.
The traffic control measures regarded on public roads include lights, gates, and flaggers, among many others. Public rest areas and public roads without the controls are not to be regarded as yards. The FMCSA requested comments from the public on the same to know whether further clarification would be required on the issue of yard moves.
The greatest challenges with the yard move regulations are basically the definitions of "yard moves" and clear identification of property that qualify as yards. First, this two need to be figured out. Then, it will be easier to record the Hours of Service logs for drivers who may be on duty but not in the driving status.
