FMCSA Hours of Service Proposed Rule

 

**Update: Public Comment Period Now Open Until Monday, October 21, 2019**

The Federal Motor Carrier Safety Administration (FMCSA) has published a notice of proposed rulemaking (NPRM) on updates to hours of service (HOS) rules to increase safety and provide additional flexibility for commercial drivers.

The proposed rule on hours of service rule offers five key modifications to the existing HOS rules:

  • The Agency proposes a change the short-haul exception available to certain commercial drivers by lengthening the drivers’ maximum on‑duty period from 12 to 14 hours and extending the distance limit within which the driver may operate from 100 air miles to 150 air miles.
  • The Agency proposes to modify the adverse driving conditions exception by extending by 2 hours the maximum window during which driving is permitted.
  • The Agency proposes to increase flexibility for the 30-minute break rule by tying the break requirement to 8 hours of driving time without an interruption for at least 30 minutes, and allowing the break to be satisfied by a driver using on duty, not driving status, rather than off duty.
  • The Agency proposes to modify the sleeper-berth exception to allow drivers to split their required 10-hours off duty into two periods: an 8 and 2 split or a 7 and 3 split, either off duty or in the sleeper berth. Neither period would count against the driver’s 14‑hour driving window.
  • The Agency proposes to allow one off-duty break of at least 30 minutes, but not more than 3 hours, that would pause a truck driver’s 14-hour driving window, provided the driver takes 10 consecutive hours off-duty at the end of the work shift.

Make your voice heard — COMMENT TODAY HERE  

Learn More:

>News Statement Announcement

>Federal Register Rule Document

>HOS NPRM Handout

New final rule from FMCSA officially removes suspended HOS restart provisions from Code of Federal Regulations

Photo: vitpho/iStockphoto

Washington — Commercial motor vehicle drivers are no longer officially required to take a weekly break of at least 34 consecutive hours, including two breaks between 1 and 5 a.m., to comply with Federal Motor Carrier Safety Administration hours-of-service regulations, under a new final rule.

Published in the Sept. 12 Federal Register and effective immediately, the final rule formally withdraws the provisions from the Code of Federal Regulations after Congress suspended them in December 2014 pending further research into their safety ramifications. Continue reading»

FMCSA Drug & Alcohol Clearinghouse Query Plan Details

Query plans will be available for purchase on the Clearinghouse website in fall 2019.

FMCSA has released the query plan options for employers of CDL drivers. The query plan information is in the attached factsheet, it is also available for download on the Clearinghouse website. Query plans will be available for purchase fall 2019.

Learn More About Query Plans →

Preparing for the Federal Motor Carrier Safety Administration Drug and Alcohol Clearinghouse

Changes to the Data Required on the Federal Drug Testing Custody and Control Form and the Alcohol Testing Form Required by the Federal Motor Carrier Safety Administration

Beginning January 6, 2020

To ensure you are prepared on January 6, 2020, when the Federal Motor Carrier Safety Administration (FMCSA) Drug and Alcohol Clearinghouse (Clearinghouse) becomes operational, we want to remind you about an upcoming change related to recording information on the Federal Drug Testing Custody and Control Form (CCF) and Alcohol Testing Form (ATF).

Read more»

Annual CMV brake inspection event set for Sept. 15-21

Photo: Commercial Vehicle Safety Alliance

Greenbelt, MD — Commercial motor vehicle inspectors throughout North America will perform brake system examinations Sept. 15-21 during the Commercial Vehicle Safety Alliance’s annual Brake Safety Week.

This year’s outreach and enforcement campaign, created in partnership with the Federal Motor Carrier Safety Administration and Canadian Council of Motor Transport Administrators, will place special emphasis on brake hoses and tubing. Inspectors also will be looking for other critical non-brake-related violations.

Last year’s event resulted in 35,080 inspections and identified 4,955 vehicles (14.1%) with out-of-service conditions. FMCSA data shows that brake-related violations comprised six of the 20 most frequently cited violations in 2017.

“We all know how important a properly functioning brake system is to vehicle operation,” CVSA President Jay Thompson said in a June 18 press release. “All components of the brake system must always be in proper operating condition. Brake systems and their parts and components must be routinely checked and carefully and consistently maintained to ensure the health and safety of the overall vehicle.”

The event is part of CVSA’s Operation Airbrake campaign, which began in 1998.

DOT needs your help defining ‘agricultural commodity’ and ‘livestock’

Washington — The Federal Motor Carrier Safety Administration is seeking input on whether it should clarify or revise the definitions of “agricultural commodity” or “livestock” in its hours-of-service regulations for commercial truck drivers.

FMCSA made the announcement in an advance notice of proposed rulemaking published in the July 29 Federal Register. Current regulations call for exemptions in HOS requirements during harvesting and planting season in each state. Drivers are exempt in a 150-air-mile radius from the source of that agricultural commodity.

In 49 CFR Part 395.2, FMCSA defines “agricultural commodity” as “any agricultural commodity, non processed food, feed, fiber or livestock.” The agency states that the newly published ANPRM “is prompted by indications that the current definitions of these terms may not be understood or enforced consistently when determining whether the HOS exemption applies.”

The comment period is open until Sept. 27.

In June 2018, FMCSA issued guidance intended to clarify both the agricultural commodities exemption and the “personal conveyance” provision in HOS regulations.

U.S. Department of Transportation Permanently Bans Commercial Drivers Convicted of Human Trafficking

PHOTO: At a San Antonio Walmart lot Sunday morning there was Tractor trailer parked with eight bodies and 30 undocumented immigrants severely injured from overheating inside, Photo Date: 7/23/17

The Department of Transportation has announced a new policy permanently banning any driver convicted of human trafficking from ever driving a commercial vehicle again.

According to a press release, the Federal Motor Carrier Safety Administration (FMCSA) announced the rule on July 16, 2019.

It follows up on the recent passage of the “No Human Trafficking on Our Roads Act,” which President Trump signed into law.

The new policy prohibits anyone who has used a commercial motor vehicle in the commission of a felony involving human trafficking from operating any other commercial vehicles for life.

A list of offenses permanently disqualifying people from driving commercial vehicles that require a commercial driver’s license already exists, but it did not include human trafficking offenses.

“The commercial motor vehicle industry is uniquely positioned to help detect and report human trafficking, and thankfully professional drivers’ efforts often bring an end to these tragic situations. Sadly, however, some human trafficking activities are facilitated by the use of commercial trucks or buses,” said FMCSA Administrator Raymond P. Martinez. “By enforcing a lifetime ban on any CMV driver convicted of severe human trafficking, we aim to deliver a strong and effective deterrent to this abhorrent behavior. If a commercial driver is convicted of using their commercial motor vehicle related to human trafficking—that person will never be driving interstate commercial vehicles again.”