FMCSA Updates 30-Minute Break Provision

Aug 8 • Resources • 970 Views • 9 Comments

FMCSA Shutters Boston Carrier

FMCSA Shutters Boston CarrierLast week, the U.S. Court of Appeals for the District of Columbia made its final decision on the recent HOS changes.

While the court’s decision was a massive victory for the FMCSA, select drivers were pleased with part of the outcome.

The court has ruled that all current provisions shall stand, however, the court has ruled that short-haul drivers shall be exempt from the 30-minute break rule.

Today, the FMCSA announced that the agency is retroactively honoring the 30-minute exclusion for short-haul drivers starting on August 2.

“While the decision does not officially take effect until the mandate is issued 52 days after the decision (unless a party files a petition for rehearing, either by the panel or en banc, or moves to stay the mandate pending the filing of a petition for certiorari in the Supreme Court), FMCSA announces the Agency will immediately cease enforcement of the 30-minute rest break provision of the HOS rule against short-haul operations,” the FMCSA stated.

The following is the FMCSA’s statement on the provision: 

Effective August 2, 2013, FMCSA will no longer enforce 49 CFR 395.3(a)(3)(ii) against any driver that qualifies for either of the “short haul operations” exceptions outlined in 49 CFR 395.1(e)(1) or (2). The Agency requests that State and local enforcement agencies also refrain from enforcing the 30-minute rest break against these drivers. Specifically, the following drivers would not be subject to the 30-minute break requirement:

 All drivers (CDL and non-CDL) that operate within 100 air-miles of their normal work reporting location and satisfy the time limitations and recordkeeping requirements of 395.1(e)(1).

 Non-CDL drivers that operate within a 150 air-mile radius of the location where the driver reports for duty and satisfy the time limitations and recordkeeping requirements of 395.1(e)(2).

FMCSA will also be initiating a rulemaking to include text in the HOS regulations noting that the 30 minute break provisions do not apply to short haul drivers.

 

 

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