HOS Rules

On Monday, the FMCSA announced in the Federal Register that the agency has finalized a rule for short-haul drivers that will allow them to be exempt from the 30-minute rest break.

On August 2, 2013, the U.S. Court of Appeals for the District of Columbia Circuit ruled that the FMCSA must provide the rest-break exemption for short-haul drivers.

While the FMCSA had 52 days to implement the exemption, the agency acted quickly and put the exemption into effect.

In addition, the FMCSA  requested that state and local law enforcement agencies honor the exemption beginning August 5, 2013.

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

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).

The FMCSA defines short-haul drivers as:

  • All drivers (whether they hold a commercial driver’s license (CDL) or not) who operate within 100 air-miles of their normal work reporting location and satisfy the time limitations and recordkeeping requirements of § 395.1(e)(1).
  • All non-CDL drivers who 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).

 

 

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