The hours-of-service final rule published on August 25, 2005 (70 Fed. Reg. 49978) becomes effective on October 1, 2005. FMCSA recognizes that neither the motor carrier industry nor enforcement agencies will be able to implement every provision of the new hours-of-service regulations immediately. Therefore, the Agency will provide a transition period for compliance and enforcement from October 1, 2005 through December 31, 2005.

This period will give industry and State law enforcement officials time to adjust to the new hours-of-service rules. Motor carriers will need to modify their hours-of-service educational materials and train their employees on these changes. States will need to revise their enforcement manuals, reprogram their computers, and retrain roadside personnel. The Agency believes it is particularly important that drivers be aware of the new hours-of-service rules, and so encourages States during the transitional period to educate drivers about the new hours-of-service rules, just as the Agency has developed outreach materials and is undertaking efforts to assist the public, motor carriers, drivers and the enforcement community.

During this transitional period FMCSA will monitor carriers for egregious violations of the new hours-of-service rule and pursue enforcement action when necessary. Egregious violations are those that show a clear disregard for safety by the motor carrier or operator. We strongly encourage our State partners to show comparable enforcement discretion.