Progress Through Unity

New Passenger Hours of Service

FACTS ABOUT NEW PASSENGER HOURS OF SERVICE
By: Mike Reilly
General Chairman

I have taken the liberty of taking key components of the new Passenger Hours of Service Regulation and reviewing these important sections.  I wish to extend our thanks to the BLE&T’s General Chairman Dave Decker  and member Robert Davia who assisted in providing information for this document.  This final rule is authorized by the Rail Safety Improvement Act of 2008, which for the first time in history, gives FRA the authority to replace the existing statutory limitations (first enacted in 1907) with a new set of hours of service regulations governing train employees providing passenger rail transportation.  Freight and Passenger service has always been under the same hours of service requirements.  With the passage of this new law, Congress gave the passenger railroads the opportunity work out a new passenger hours of service requirement.  This required that the Government (DOT / FRA), Railroad Management and Railroad Labor meet to come to a consensus on the language of new passenger hours of service requirement by October of 2011, otherwise the passengers employees would be subject to the same provisions as the freight railroads.  Knowing that the provisions of the freight hours of service requirements would severely hamper our members earning ability, UTU was forceful in molding these new regulations. 

    • The final rule was published in the Federal Register on August 12, 2011.  It became effective on October 15, 2011.
    • The major changes that affect our members will become effective on April 12, 2012.
    • Current hours of service requirements remain in place, such as eight hours off between assignments, ten (10) hours off, for twelve (12) or more continuous hours on duty, no requirement for undisturbed rest. Also, Interim releases of at least four (4) hours at a designated terminal remain in effect.
    • The new requirements limit the number of consecutive days a member can work, which depends on what type assignments they work.
  • The new requirements set up two types of assignments, Type I and Type II.Type 1 versus Type 2 AssignmentsType 1 assignment is any assignment that requires an employee to report for duty no earlier than 4:00 AM on a calendar day and be released from duty no later than 8:00 PM. on the same calendar day.  Such assignments are subjected to a less restrictive consecutive-days limitation, and such schedules are deemed to present an acceptable level of fatigue when otherwise in compliance with the limitations established in this rule. Type 1 assignments are not required to be submitted to FRA for approval; nor do these assignments require the application of fatigue mitigation tools.A Type 2assignment is any assignment having any period of time on duty after 8:01 PM and before 3:59 AM. Railroads are required to analyze the fatigue risk of these assignments using an FRA-approved fatigue model. (NJT will use the FAID model) If the analysis shows that a schedule does not violate the fatigue threshold, and the schedule is otherwise in compliance with the limitations of the rule and does not require the employee to be on duty for any period of time between midnight and 4AM, the rule allows that schedule to be treated as a Type 1 assignment for the purposes of the consecutive-days limitation, and there is no requirement to submit the schedule to FRA or to mitigate fatigue in that schedule. However, for those schedules that the analysis indicates have a level of risk for fatigue violating the fatigue threshold, the railroad is required to mitigate the fatigue. Railroads are required to complete their analysis and submit 1) any schedules with a risk of violating the fatigue threshold, and 2) the mitigation tools that railroad applied to mitigate the fatigue risk in those schedules to the FRA for approval. Any assignment that works any time between the hours of 12 Midnight and 4:00 a.m. will automatically be a Type II assignment.In addition, any schedule where the fatigue risk could not be sufficiently mitigated so that it no longer violates the fatigue threshold, but which the railroad deems operationally necessary, the carrier must also submit the assignment to the FRA for approval, along with a declaration of operational necessity for FRA approval.NJ Transit will assign every regular work assignment as either Type 1 or Type 2.  The crew callers will inform the employee of the Type of the assignment, along with any other details of the assignment when you are called. There are some cases that will alter the Type of the assignment.  One case would have to do with deadheading.  If you are called for a Type 1 assignment but your deadhead to the sign up location begins before 4:00 AM, that assignment must be considered a Type 2 assignment for you. As you all know this is a new requirement, and we will all gain knowledge once the regulation has been in effect.THE BASICS
Employees will need to comply with the new regulations and will need to track and monitor your work schedule.   You will need to understand how the regulations work. There are three things that you need to monitor:
1. Am I rested for this assignment?
2. Will it put me over the cumulative days worked cap? (At most 14 days with on-duty initiations in the current 14 day window).  You may not start an assignment if you fail either of the above criteria.
3. Will it put me over the Type 2 cap? (6 consecutive days with starts where one or more are Type 2 assignments). You can accept an assignment that will result in your having worked 6 or more consecutive days that include one or more Type 2 assignments, but you must then take the mandatory 24 hour rest period at the end of your tour of duty.NOTE:  Two major changes from the way we calculate Hours of Service today.
1. Time spent in rules class or other types of instruction classes, will not count as a start, however you will need the statutory rest time off duty prior to reporting for duty.  So this day in rules class can be counted as a day without initiating an on-duty period, when calculating your number of starts.
2. FRA has made the interruption that  a Conductor / Flagman who is assigned to protect contractors at a work-site will not be considered as working under the Hours of Service.  The only exception to this is if the flagman operates a switch in connection with the movement of a train, they then will be under hours of service.ON DUTY 
Nothing has changed on the on duty times in the Hours of Service Requirements.  You still need (8) eight hours off in a twenty four hour period.  Eight hours off before reporting for duty, or ten hours off duty after working (12) twelve or more continuous hours.  Rest must be at a designated terminal of (4) four or more hours, anything less than four hours is continuous time on-duty.  Time spent in deadhead transportation to a duty assignment is time on-duty time, time spent in deadhead transportation from a duty assignment to the place of final release is neither time on duty nor time off duty (Limbo time).A crew of a wreck or relief train may be allowed to remain or go on duty for an additional four (4) hours in any period of 24 consecutive hours when an emergency exists and the work of the crew is related to the emergency.

 

  1. 1.     Will it put me over the cumulative days worked cap?

If an employee initiates an on-duty period on 13 or 14 calendar days of a period of 14 consecutive days then the employee must have 2 consecutive calendar days without initiating an on-duty period at the employee’s home terminal.

The key to this cap is a rolling 14 day window.  The first day of the window is the first day that you go on duty after the last 14 day window ends.  The rolling 14 day window ends on the 14th consecutive day, or may last for less than 14 days if you have a total of two calendar days on which you do not initiate an on-duty period.  Once a rolling window ends, the next window starts on the next calendar day that you initiate an on-duty period.

You may not count a day without an on-duty period before the beginning of your current 14 day window as one of the days without a start for your current rolling 14 day window.  So if you get 3 days without a start, you cannot count the last idle day in your next 14 day window, because the window doesn’t begin until you have a day with an on-duty period.  See example below.

Mon Tue Wed Thr Fri Sat
work work Off Off Off work
Ends the 14 day countBecause 2nd day off Cannot be counted as day 1 because you did not work Start new 14 day countDay 1

 

Note:  What matters here are days where you START an assignment.  If your assignment works from Monday at 8:00 PM to Tuesday at 3:00 AM, then you performed work on both days, but you only have an “on duty initiation” on Monday, not on Tuesday (unless of course you get another assignment that starts later in the day on Tuesday after you are rested).  This rule counts the days you START work, not the days where you worked to finish an assignment.

 

The rule counts “days with initiated on-duty periods” and not the number of starts.  If you have a day with two starts, that is counted as any other day with a single start.  So, in theory, you could have 14 days where you doubled out and not be in violation of the rule, although you would need to take 2 calendar days with no starts on your 15th and 16th day.

 

If during your current 14 day rolling window you get 13 or 14 days where you initiated an on duty period, you must then have 2 calendar days (not just 48 hours) without starting an on-duty period before you return to work.  You may not start work more than 14 straight days.  If you start work on the 14th day of your current window, you would need to take days 15 and 16 off.  (An exception exists for deadheading or working on the 15th day that won’t apply to NJT because we always end our shifts at the same location where we begin them.)  Note that if your assignment on day 14 extends into day 15, day 15 still counts as one of your two days without starts because you started the assignment on day 14.

 

Another case involves deadhead to an assignment.  For example, if an assignment that starts early in the morning, say Monday at 1:30 AM, and the Trainman deadheads to the sign up location, the assignment would actually “start” on Sunday if the deadhead time is 1 ½ hours or more.  This can be particularly tricky if it occurs at the end of a 14-day window.  If you worked 14 straight days, you need days 15 and 16 without a start.  If you are called for an assignment for day 17 (which would be day 1 of your new 14 day window) but that assignment starts early in the morning, and your deadhead begins before 12:01AM, that makes it a start on day 16 and YOU MUST NOT ACCEPT THE ASSIGNMENT.

 

Also this rule only applies to “covered service.”  For T&E employees this means every time you sign in at the register to start a shift, whether or not you actually perform covered service.  For example, you may have a protect job, and during a shift you may not have been ordered to move any trains.  Still, once you sign in at the register, you have begun covered service, and so had a start that day.  However, taking a class is only covered service if it is commingled with other covered service.  So when you take a Rules Class and you are rested before and after the class, that day is NOT counted as a day with an on duty initiation for your current 14 day window of cumulative days worked.  Another example of this for Conductors is a flagging job.  Most flagging jobs are not covered service, and therefore would be considered a day without an initiated on duty period.

 

You must keep a record of every day that you start work (TRO-Q), and that record will include the date that your current 14 day rolling window began, and the date of the calendar day without a start (if one exists).  NJ Transit is modifying the current TRO-Q to include the type of assignment and the series of days.

 

For T&E employees working regular assignments and not on the Supplemental Extra List, this cumulative work cap will have no effect.  Those T&E employees on the Extra List and the Supplemental Extra  List will have to monitor their work with regard to this cap.

 

This represents a typical regular assignment 5-day-work-week.  (While this example only shows Type 1 assignments, the 14 day count would be the same for any mix of Type 1 and 2 work.)
Start/No Start

NS

NS

S

S

S

S

S

NS

NS

S

S

S

S

S

NS

NS

S

Type 1 or 2

1

1

1

1

1

1

1

1

1

1

1

14-Day Count

1

2

3

4

5

6

7

14-Day Count Reset 1 2 3 4 5 6 7
14-Day Count Reset

1

 

 

 

 

This represents Extra List 14 day work period with the rolling day counts.
Start/No Start NS

S

S

S

S

NS

S

S

S

S

S

S

S

S

S

NS

NS

Type 1 or 2

1

1

1

1

1

1

1

1

1

1

1

1

1

14-Day Count

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

Note that in the first cycle of days, you would have to track the date of day 1, and the date of day 5 (after it occurred), your first day without a start.  Also note that the T&E employees worked 13 days in this 14 day cycle, and so must have 2 calendar days without starts after day 14.

 

 

This represents Extra List 14 day work period with the rolling day counts.  In this 14 day window, days 5 and 14 did not have starts, so you do not have to take 2 additional days off.  You can accept a work assignment on day 15, which would make it day 1 of your next rolling 14 day window.
Start/No Start NS

S

S

S

S

NS

S

S

S

S

S

S

S

S

NS

S

S

Type 1 or 2

1

1

1

1

1

1

1

1

1

1

1

1

1

1

14-Day Count

1

2

3

4

5

6

7

8

9

10

11

12

13

14

1

2

 

 

This represents hitting the “14 day window with 14 days with starts” showing the required 2 calendar days without a start.
Start/No Start

NS

S

S

S

S

S

S

S

S

S

S

S

S

S

S

NS

NS

S

Type 1/2

1

1

1

1

1

1

1

1

1

1

1

1

1

1

1

14-Day Count

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

1

 

 

This represents hitting the 14 consecutive day cap after 13 straight days with starts, so on Days 14 and 15 you cannot begin an On Duty period.
Start/No Start

NS

S

S

S

S

S

S

S

S

S

S

S

S

S

NS

NS

S

S

Type 1/2

1

1

1

1

1

1

1

1

1

1

1

1

1

1

1

14-Day Count

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

1

2

 

 

 

  1. 2.      Will it put me over the Type 2 cap? 

After 6 consecutive days with starts that include at least one Type 2 assignment, you must have 24 consecutive hours off duty.  This means that you could start work six days in a row all with Type 2 assignments, and then are required to have 24 hours rest.   Or you could work for ten days in a row with all Type 1 assignments and then work a single Type 2 assignment, after which you must have 24 consecutive hours off.  Also, you could work any combination of Type 1 and 2 assignments for 4 days at the beginning of a 14 day window and then have a day without a start; the calendar day you don’t start work means that you have not worked consecutive days and so the Type 2 cap no longer applies to this series of work days. (An exception exists for deadheading or working on the 7th day that won’t apply to NJT because we always end our shifts at the same location where we begin them.)

This six day window exists within the 14 day rolling window.  If you need to take 24 hours off because you have had 6 consecutive days with starts that include Type 2 assignments, those 24 hours may be one of the calendar days without on-duty periods in your 14 day window, as long as the time off spans an entire calendar day.  (For example, if on your sixth day with a start you work from 1AM to 11AM, you need to take 24 hours off, but you don’t get called for any work on day 7; when you return to work on day 8 you will have met the 24 hours off requirement, and had one calendar day without a start in the current 14 day rolling window.  If, however, you get called to work at 11AM or later on day 7, you will have met the need for 24 hours off, but you did not have a full calendar day without a start in the current 14 day rolling window.)

You could work a string of consecutive days with only Type 1 assignments, and then get a Type 2 job.  Depending on how many days you had worked Type 1 assignments, the Type 2 assignment will impact your schedule in different ways.  If you worked 4 or fewer days with Type 1 starts, then a Type 2 assignment, you can continue working on consecutive days until you get 6 consecutive days with starts, then you must take the mandatory 24 hours off.  If you worked 6 or more consecutive days with only Type 1 assignments, and then worked a Type 2 assignment, then you must take your mandatory 24 hour starting as soon as you are released.  If you worked 5 consecutive days with only Type 1 assignments, and get a Type 2 assignment on day 6, then you must take your mandatory 24 hours off starting as soon as you are released.  If you worked 5 consecutive days with only Type 1 assignments, and then get a Type 2 assignment as a second start on day 5, then you can accept another start on day 6, and follow that assignment with the required 24 hours off.

Because the Type 2 six day window exists within the cumulative days worked rolling 14 day window, it is possible to trip both caps at the same time.  If you work only Type 1 assignments for 13 consecutive days, and on the 14th day you receive a Type 2 assignment, then you must take BOTH the 24 hours off (for six consecutive days that include a Type 2 assignment) and the two calendar days off (for working 13 or more consecutive days in the current 14 day window), however the two rest periods are taken concurrently.  So after two calendar days without starts, you would have met BOTH requirements for rest (24 consecutive hours and 2 calendar days), and your next 14 day rolling window will begin on the next day that you work.

 

 

 

This represents a typical regular assignment 5-day-work-week with a Type 2 assignment.  Note that it is the same as the example for a Type 1 assignment.
Start/No Start

NS

NS

S

S

S

S

S

NS

NS

S

S

S

S

S

NS

NS

S

S

S

Type 1 or 2

2

2

2

2

2

2

2

2

2

2

2

2

2

14-Day Count

1

2

3

4

5

6

7

14-Day Count Reset

1

2

3

4

5

6

7

14-Day Count Reset

1

2

3

 

This represents a T&E employee either on the Extra List or working the Supplemental List with a Type 2 assignment after 5 Type 1 assignments.
Start/No Start

NS

S

S

S

S

S

S

Type 1 or 2

1

1

1

1

1

2

6-Day Count

1

2

3

4

5

6

24 hour mandatory rest

14-Day Count

1

2

3

4

5

6

7

 

 

 

This represents a T&E employee either on the Extra List or working the Supplemental List with a Type 2 assignment early in the 14 day window.   Note that the Type 2 work could have occurred on any (or all) of days 1-6 to trigger the required 24 hour rest period.
Start/No Start

NS

S

S

S

S

S

S

Type 1 or 2

1

2

1

1

1

1

6-Day Count

1

2

3

4

5

6

24 hour mandatory rest

14-Day Count

1

2

3

4

5

6

7

 

This represents a T&E employee either on the Extra List or working the Supplemental List with a string of only Type 2 assignments.
Start/No Start

NS

S

S

S

S

S

S

Type 1 or 2

2

2

2

2

2

2

6-Day Count

1

2

3

4

5

6

24 hour mandatory rest

14-Day Count

1

2

3

4

5

6

7

 

This represents a T&E employee either on the Extra List or working the Supplemental List with a Type 2 assignment after working 6 or more Type 1 assignments.
Start/No Start

NS

S

S

S

S

S

S

S

Type 1 or 2

1

1

1

1

1

1

2

6-Day Count

1

2

3

4

5

6

24 hour mandatory rest

14-Day Count

1

2

3

4

5

6

7

8

Note that the 6-day count and the 14-day count do not start on the same day.  In this case, the 6-day count does not matter until you work a Type 2 assignment, and you can “look back” to see if you have worked 6 consecutive days that include the Type 2 assignment.

 

This represents a T&E employee either on the Extra List or working the Supplemental List with a day with no starts after working a Type 2 assignment.  This resets the “Type 2 6 consecutive day” counter, and your mandatory 24 hour rest period is not required until you have starts on 6 consecutive days.
Start/No Start

NS

S

S

S

NS

S

S

S

S

S

S

Type 1 or 2

2

2

2

1

2

1

2

1

1

6-Day Count

1

2

3

1

2

3

4

5

6

24 hr rest

14-Day Count

1

2

3

4

5

6

7

8

9

10

11

 

 

 

 

How the “24 hour rest after 6 consecutive days with starts” impacts the 14 day window depends on whether or not the 24 hour rest gets extended to cover an entire calendar day.  For example, if it ends mid-day (for example 1PM), the 24 hour rest takes you to 1PM the next day, and you could begin another On Duty period that day.  If you get a start after 1PM on that day (Day 7), you would have met only the 24 hour rest but not had a calendar day without a start for your 14 day window.
Start/No Start:

NS

S

S

S

S

S

S

S

S

S

NS

S

S

NS

S

S

Type 1 or 2

1

2

1

1

1

1

1

1

1

2

1

1

1

24 hr rest, 1PM Day 6 to 1PM Day 7
6-Day Count

1

2

3

4

5

6

NA

NA

NA

1

2

NA

NA

14 Day Count

1

2

3

4

5

6

7

8

9

10

14 Day Count Reset

1

2

3

4

5

If it ends early in the day (for example 1AM), the 24 hour rest takes you to early in the next day (1 AM in this case).  In this case you would have met both the 24 hour rest and had a calendar day without a start for your 14 day window.
Start/No Start

NS

S

S

S

S

S

S

NS

S

S

S

S

S

NS

S

S

Type 1 or 2

1

2

1

1

1

2

1

1

1

2

1

1

1

24 hr rest, 1AM Day 7 to 1AM Day 8
6-Day Count

1

2

3

4

5

6

1

2

3

4

5

NA

NA

14-Day  Count

1

2

3

4

5

6

7

8

9

10

11

12

13

14-Day Count Reset

1

2

 

 

 

WORKING AS A CONDUCTOR/FLAGMAN OR ATTENDING INSTRUCTION CLASSES

Since the Conductor/Flagman or attending instruction classes is not considered under the hours of service, below are some examples of different work schedules involving flagman and attending classes.

This represents an extra list Conductor/Flagman which worked 2 flagman starts between working type 1 passenger starts
Start/No Start S S S S NS S S NS S S S S S S S S S
Type 1 or 2 or Flag 1 1 1 1 Flag 1 1 Flag 1 1 1 1 1 1 1 1 1
14-Day Count 1 2 3 4 5 6 7 8 1 2 3 4 5 6 7 8 9
Note this extra Conductor worked type 1 passenger jobs for days 1 through 4. Then worked as a Conductor/Flagman on days 5 & 8. They then start their 14 day count over on day 9 because they had the 2 days without an hours of service start.

 

This represents an extra list Conductor/Flagman which worked 17 consecutive days.
Start/No Start S S S S S S S S S S S S S S NS NS NS
Type 1 or 2 or Flag 1 1 1 1 1 1 1 1 1 1 1 1 1 1 F F F
14-Day Count 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17
This Conductor worked 14 days consecutive type 1 assignments in passenger service, then worked as a conductor/flagman on days 15, 16 and 17. They are allowed to do that, however before they go back to work a covered service assignment, they would need 2 consecutive days off.

 

This represents a 5-day-work-week regular assignment. This person was then called out on both of his relief days to work as a FLAGMAN. Notice the 14 day count starts over on day 8.
Start/No Start

NS

NS

S

S

S

S

S

NS

NS

S

S

S

S

S

NS

NS

S

Type 1 or 2 or Flag

1

1

1

1

1

Flag

Flag

1

1

1

1

1

1

14-Day Count

1

2

3

4

5

6

7

14-Day Count Reset 1 2 3 4 5 6 7
14-Day Count Reset

1

 

This represents an extra list Conductor that attended rules class/instruction class on day 9 and 10.Day 11 would then start the new 14 day Count.
Start/No Start

NS

NS

S

S

S

S

S

S

S

S

NS

NS

S

S

NS

NS

S

Type 1 or 2 or Class

1

1

1

1

1

1

1

1

Class

Class

1

1

1

14-Day Count

1

2

3

4

5

6

7

8

9

10

14-Day Count Reset 1 2 3 4
14-Day Count Reset

1

 

 

Below are some question & answers for non-covered assignments, such as:

Flag jobs and attending rules/instruction classes.

 

  • Will I need 8 hours rest before signing up for a flag job if I did not previously work in a covered service assignment?   NO
  •  Will I need 8 hours rest after working a flag job if I am not working a covered service assignment the next day-Example: (Flagging again the next day)?  NO
  •  If I am flagging today and am called in for a Covered Service assignment (Passenger or Yard Job) the following day will I need 8 hours rest before signing up?  YES
  •  During a 14 day series I work 2 flag days consecutive or not (Not covered Service) will this restart the series?  YES
  •  After working 14 days consecutive days and you are called for a flagging job for the next 2 days are they considered 2 calendar days off like in question 4 even though they are not part of the 14 day series.NO-You will still need 2 consecutive days off not performing ANY Company service before resuming covered service (HOS).
  • If I throw a switch for a crane or any other on track equipment is this considered HOS?  NO-Only if you are connected to the movement of a TRAIN.  
  •