The Federal Motor Carrier Safety Administration (FMCSA) issued an amendment to its new hours of service regulations for truck drivers that went into effect on July 1, 2013. The amendment is in reaction to a federal appeals court ruling that upheld the overall hours of service rule but overturned a provision in the rule that included short-haul drivers in a new requirement that drivers take 30-minute breaks before driving more than eight hours straight. FMSCA’s rules define two separate categories of short haul driver – those required to obtain a commercial driver’s license (CDL) and those that are not. Following the court ruling it was unclear if the decision would impact both classes of short haul drivers.
FMCSA’ has now clarified that, effective August 2, 2013, it will no longer enforce the 30 minute break requirement against any driver that qualifies for either of the “short haul operations” exceptions. Drivers that fit into the exemption are :
- 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 rules that went into effect on July 1, 2013, are as follows:
- Daily driving time limit of 11 hours is maintained.
- The 60- and 70-hour weekly driving limits are also unchanged.
- Maximum on-duty time will remain at 14 hours.
- Construction industry drivers transporting construction materials and equipment to and from an active construction site within a 50-air-mile radius of the driver’s normal work reporting location are allowed to restart the on-duty counting period following any off-duty period of 24 or more successive hours.
- Drivers that do not meet the construction driver definition can restart the weekly on-duty clock following a 34-hour off duty period that includes at least two periods between 1:00 a.m. and 5:00 a.m.
- The rule limits the use of the “34-hour restart” to once a week thus limiting restarts to one every 168 hours.
- The practical effect of new on-duty limits result in weekly driving time being reduced from 82 to 70 hours during a seven consecutive day driving period.
- A summary of the rule and the rule is available here.