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FMCSA Stops Enforcing Break Requirement on Short-Haul Drivers

August 7, 2013

By Oliver Patton

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Moving quickly to enforce last week’s court decision on hours of service, the Federal Motor Carrier Safety Administration will no longer enforce the 30-minute break requirement for short-haul operations.

The agency is defining short-haul drivers in two ways.

First, those with or without commercial licenses who operate within 100 air miles of their normal reporting location.

Second, those who operate without a commercial license within a 150 air-mile radius of where they report for duty.

These are the standard definitions of short-haul drivers within Sections 395.1(e)(1 and 2) of the Code of Federal Regulations.

The agency said that even though the court’s ruling does not take effect for another month, it will immediately stop enforcement.

It is possible that this situation could change if either of the parties to the court case, American Trucking Associations and Public Citizen, takes additional legal action, the agency said.

In its decision last Friday the U.S. Court of Appeals for the District of Columbia Circuit upheld the 34-hour restart provision of the new truck driver hours of service rule but rejected the 30-minute break requirement for short-haul drivers.

Comments

  1. 1. John Russo [ August 07, 2013 @ 12:08PM ]

    The whole rule needs too be scrapped. Thats the dumbest rule I've heard in the 34 years I've been doing this. Whats next a 10 minute potty break after 3 hours of driving .

  2. 2. big d [ August 07, 2013 @ 12:21PM ]

    So 395.1(e) (1) (ii) states I need to be relased from work within 12 consecutive hours. At 10 hours into my shift I am dispatched for a 3 hour trip, do I take a 30 min. break at that point? Was there a violation before after the 8 th hour at that point?

  3. 3. Bob Ward [ August 07, 2013 @ 12:42PM ]

    We are in same similar as big d. Most days our drivers operate as short haul drivers exempt from logging. But some days, due to being on duty 12+ hours, they have to do a log. It is tough to predict at 8 hours into the day if a driver will be working 12+. As soon as the driver realizes they will exceed 12 hours on duty then they are subject to doing a log. But will it be a violation if the driver is 8+ hours into their shift when they realize they are subject to doing a log? We use PeopleNet EOBR's. PeopleNet will need to make provision on our EOBR's for short haul drivers or every shift the EOBR will display violation at 8 hours into a driver's shift.

  4. 4. dick head [ August 07, 2013 @ 01:46PM ]

    all the changes are childish and unfounded wait till joe public has to pay 25% for his house hold goods , gas , and so on. it all political bull

  5. 5. Linda [ August 07, 2013 @ 02:31PM ]

    Nothing like getting drivers to comply and understand new rules and now changing after a month. Think they could find better ways to keep busy than to keep messing with the hours of service.

  6. 6. john [ August 08, 2013 @ 04:42PM ]

    How about the latest? Fed. Gov't wants black boxes on ALL vehicles.by 2015. But the motoring public, that demands the rules for truckers, said that the boxes would be "Too intrusive" of their privacy. Wonder why it's not the same for truck drivers?

 

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