Suspension of Restart Provision Nearing the Finish Line
On Saturday, December 13, 2014, Congress passed a funding bill that would temporarily suspend current provisions on the 34-hour restart rule.
The bill has now moved to the President’s desk for final approval.
If the President signs off on the bill, the 34-hour restart provision will be suspended, and the 34-hour restart rule will default back to the 2003 to June 2013 restart rule, while the FMCSA conducts a study of the effects of the rule
Specifically, the bill does away with funding to enforce the current 34-hour restart provision that requires drivers to take two night breaks from 1:00 am to 5:00 am.
According to a press release from the Indiana Motor Truck Association, the following are most frequently asked questions from the ATA:
1. What does the Congressional language actually say, and what does it mean?
The legislation language is remarkably simple. It says:
“Section 133 temporarily suspends enforcement of the hours of service regulation related to the restart provisions that went into effect on July I, 2013 and directs the Secretary to conduct a study of the operational, safety, health and fatigue aspects of the restart provisions in effect before and after July 1, 2013. The Inspector General is directed to review the study plan and report to the House and Senate Committees on Appropriations whether it meets the requirements under this provision.”
Essentially, this law eliminates, temporarily, the two new restrictions on the use of the 34-hour restart, namely the 1-5 am provision and the 168 hour rule. Drivers will be permitted to restart their weekly hours by taking at least 34 consecutive hours off-duty, regardless of whether or not it includes two periods of time between 1am and 5am. A driver can also utilize the restart more than one time per week if necessary.
2. When is the new, simple 34 hour restart effective?
The 34 hour restart rule will revert to its pre-July 1, 2013 version as soon as the President signs the bill into law. This is expected no later than midnight on Saturday, December 13, the current deadline for government funding to expire.
3. How long will this change last?
Because the language resides in an annual spending bill, its terms expire at the end of FY2015, which is September 30, 2015. It’s important to note that the legislation also directs the Department of Transportation to conduct a study comparing the effectiveness of the 34 hour restart rules in place before July 1, 2013 with those that took effect after. During 2015, ATA will continue to pursue strategies in an effort to keep the simple 34 hour restart rule in place for a longer period of time.
4. Does the legislation include any other changes to the hours of service rules?
No, all other hours of service rules, including the 30-minute rest break provision, remain unchanged and must be complied with.
5. If our trucks have ELDs, will we be able to use the simple 34 hour restart immediately?
Carriers are encouraged to work with their ELD suppliers to determine what software updates are necessary to comply with this legislatively directed rule change. A short transition period may be necessary, and ATA encourages fleets to be patient as ELD suppliers will need some time to write and deploy the software updates.
6. Will enforcement officials know about this change?
Soon after the law is signed, ATA fully expects the Commercial Vehicle Safety Alliance and the Federal Motor Carrier Safety Administration to issue enforcement memos describing the changes and their impact to law enforcement personnel. The enforcement memos/guidance will be distributed by ATA to its members as they become available. Motor carriers may experience minor disruptions at roadside as law enforcement adapt to the changes. If a driver experiences a problem at roadside, you should contact head of the commercial vehicle safety program in that State’s lead MCSAP agency.