SCT Publishes NOM-087, Regulating Driver Hours

The Deputy Ministry of Communications and Transportation (SCT) published the Mexican Official Norm NOM-087-SICT-2-2024 in the Official Gazette of the Federation (DOF). This new regulation regulates driving hours and mandatory rest breaks for drivers of federal transport services, addressing a pressing concern in the transportation sector: driver fatigue.

The decision to implement this regulation arises from statistics reported by the Mexican Institute of Transportation (IMT). In 2023, there were 3,233 traffic collisions, with 1,325 of these directly attributed to driver actions. Notably, 109 accidents were caused by drivers who were drowsy, and 13 incidents were linked to intoxication. 

Another study conducted by the IMT in 2022 indicates that factors leading drivers to consume psychoactive substances often stem from workplace pressures. Many drivers view this behavior as a “necessary evil,” recognizing their limited human capacities under demanding transport conditions. The consumption of these substances is frequently perceived as a means to maintain attention and mitigate the effects of essential human needs, such as sleep and nourishment.

The IMF study reveals that 46% of drivers believed that maintaining a logbook helps manage their driving and rest times, 82% felt their employers placed little importance on proper time management, 72% agreed that supervisors often overlook the issue of substance use, and 54% indicated that driving for 14 consecutive hours warranted the use of psychoactive substances to remain alert.

The study also reveals that 63% of drivers say that such substances help them remain alert for unforeseen circumstances. The pressures of last-minute travel requests and tight delivery deadlines were cited as significant triggers for substance use, with 41% of respondents viewing psychoactive consumption as essential to fulfilling their job requirements.

New Regulatory Framework

The newly published NOM-087-SICT-2-2024 seeks to mitigate risks associated with driver fatigue by establishing clear guidelines for driving durations and mandatory rest periods. It is aligned with various Mexican laws, including the Federal Public Administration Law and the Quality Infrastructure Law, and harmonizes with international agreements like C153 from the International Labour Organization. This regulation is an updated version of NOM-087-SCT-2-2017, which addresses similar issues.

The key provisions of the regulation are:

1. Mandatory Breaks: Drivers must take a 30-minute break after every five hours of continuous driving. These breaks cannot be accumulated and must occur within a specified timeframe.

2. Log Keeping: Drivers are required to maintain a Service Hours Log for inspection by authorities. This log can be kept in either physical or electronic format.

3. Second Driver Requirement: For routes exceeding nine hours, a second driver (team driver) is mandated. If unavailable, strict adherence to driving hours and rest periods is required.

4. Freight Transport Requirements: For routes longer than 14 hours, drivers must take an 8-hour continuous break to ensure adequate rest.

5. Maximum Driving Limit: The regulation establishes a maximum of 14 driving hours within a 24-hour period to prevent excessive fatigue.

Stakeholders in the transport sector have 60 days from the publication date (Sep. 13, 2024) to submit comments regarding the proposed regulation. The SCT encourages input from various entities involved in transportation to create a comprehensive safety framework.

The oversight of compliance with this NOM corresponds to the Ministry of Infrastructure, Communications, and Transportation (SICT), and the Ministry of Security and Citizen Protection, through the National Guard.

A Comparative Look: The US Regulations

In 2020, the US Federal Motor Carrier Safety Administration (FMCSA) published the Hours of Service for commercial motor vehicle operators. These rules delineate the maximum driving times and specify the required rest periods to help ensure that drivers remain alert, dividing it for property-carrying drivers and passenger-carrying drivers.

Property-Carrying Drivers:

• 11-Hour Driving Limit after 10 consecutive hours off duty.

• 14-Hour Limit: No driving beyond the 14th consecutive hour after coming on duty.

• 30-Minute Break: Required after eight cumulative hours of driving.

Passenger-Carrying Drivers:

• 10-Hour Driving Limit after eight consecutive hours off duty.

• 15-Hour Limit: No driving after 15 hours of duty.

The US regulations are similarly designed to combat driver fatigue and enhance road safety, underscoring the importance of well-structured guidelines in the transport industry.