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»

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.

Proposed rule to amend trucker hours-of-service regs slated for publication in June, DOT says

Washington — June 7 is the target date for publication of a proposed rule intended to add flexibility to Federal Motor Carrier Safety Administration hours-of-service regulations for commercial truck drivers, according to a Department of Transportation regulatory update released in May.

The comment period on the proposed rule is scheduled to conclude July 26. An FMCSA spokesperson confirmed to Safety+Health that the proposed rule, which was submitted to the White House Office of Management and Budget on March 28, remains under OMB review.

Continue Reading»