Hours of Service

PURPOSE: This rule prevents excessive mental and physical strain and fatigue which results from remaining too long at exacting tasks. This rule prescribes the maximum safe number of working hours an employee can be required or allowed to operate a train on the mainline or to directly control the operations of a train on the main line: on a rail fixed guideway system. This rule does not restrict a transit system from adopting and enforcing additional or more stringent requirements not inconsistent with this rule. (1) This rule applies to every employee who operates a train on the main line or is directly involved in controlling the operations of a train on the main line of a rail fixed guideway system (RFGS). No RFGS may require or allow any of these employees to perform work in excess of the allowable hours established in this rule. (2) No employee will be required or allowed to continue on duty or to go on duty until the employee has had at least ten (10) consecutive hours off duty, if that employee has been continuously on duty for twelve (12) hours or more. (3) Time on duty commences when an employee begins to work or is required to be in readiness to work and continues until the time the employee is relieved from work and all responsibility for performing work. Time on duty includes: (A) Interim periods of rest less than or equal to one (1) hour; and (B) Time spent in the transportation of an employee to a duty assignment, except that time spent transporting an employee from a duty point of final release is not counted. (4) No employee will be required or allowed to continue on duty or go on duty unless s/he has had at least ten (10) consecutive hours off duty during the preceding twenty-four (24) hours. (5) When a situation requiring the extended service of an employee covered by this rule occurs, which is both unforeseeable and beyond the control of the RFGS, the employee may be on duty in excess of the twelve- (12-) hour limit in section (2) of this rule but cannot be required or allowed to continue on duty in excess of fifteen (15) hours. Notwithstanding the exception in this section (5), an employee shall not work in excess of the twelve- (12-) hour limit more than two (2) days in a seven- (7-) day period. (6) The RFGS will establish and maintain at one (1) or more locations where employees covered by this rule report on or off duty, a written hours of service log which shall record the hours of service of these employees. The RFGS will keep this log current for each of these employees showing the time of the last change of duty status of the employee. Any supervisor making an entry on behalf of any of these employees must initial such an entry. For each of these employees, the hours of service log will include at least the following information: (A) Employee’s signature and badge number; (B) Amount of rest since last duty in hours and minutes, except that if the amount of rest is in excess of twelve (12) hours an entry of “12+” is sufficient; (C) The time at which the employee signs in for duty; (D) The time at which the employee is off duty; and (E) Total time on duty in hours and minutes. (7) The RFGS will retain in its custody and make available to the division for inspection the hours of service log for a period of one (1) year after the last entry is made in each daily log. AUTHORITY: sections 389.1005 and 622.027, RSMo 2016.* This rule originally filed as 4 CSR 265-9.070. Emergency rule filed Feb. 5, 1993, effective Feb. 15, 1993, expired June 14, 1993. Original rule filed Nov. 4, 1992, effective June 7, 1993. Emergency amendment filed June 17, 1993, effective June 27, 1993, expired Oct. 24, 1993. Emergency amendment filed Oct. 13, 1993, effective Oct. 24, 1993, expired Feb. 20, 1994. Emergency amendment filed Feb. 10, 1994, effective Feb. 20, 1994, expired June 14, 1994. Emergency amendment filed June 2, 1994, effective June 14, 1994, expired Oct. 11, 1994. Emergency amendment filed Sept. 30, 1994, effective Oct. 12, 1994, expired Jan. 10, 1995. Amended: Filed June 2, 1994, effective Dec. 30, 1994. Amended: Filed June 22, 1998, effective Feb. 28, 1999. Moved and amended: Filed Nov. 20, 2006, effective June 30, 2007. Amended: Filed Oct. 6, 2017, effective May 30, 2018. *Original authority: 389.1005, RSMo 1996 and 622.027, RSMo 1985, amended 1993, 1995.